Sino Clean Energy Inc. ex rel. Baowen Ren v. Seiden

Order Affirming Bankruptcy Court Decision

Jennifer A. Dorsey, United States District Judge

Appellants are former directors of Sino Clean Energy Inc. They filed for bankruptcy on behalf of Sino, the bankruptcy court dismissed their petition, and they now appeal. In dismissing, the bankruptcy *679court reasoned that only a corporation’s current board of directors can file for bankruptcy — and here, at the time the appellants filed, a state-appointed receiver had already removed them from their director positions for mismanaging the company. Because Sino’s new board of directors had not authorized the…