Legal Opinion
In Re Windham Power Lifts Inc.
United States Bankruptcy Court, M.D. Alabama
Decided February 26, 1988No. 16-33318PublishedCited by 2 opinions
1Opinion of the Court
ORDER ON MOTION TO DISMISS
(Small Business Administration)
A. POPE GORDON, Bankruptcy Judge.
The creditor, United States Small Business Administration (SBA), filed a motion to dismiss the Chapter 11 case. Opposing briefs were filed and a hearing was held on February 24, 1988. The basis of the motion is that the president of the debtor corporation lacked authority to file the Chapter 11 petition. SBA contends that the shareholders’ meeting authorizing the corporation’s president to file the petition was improperly held. SBA maintains that at the time of the meeting it owned all of the common…
2Cases cited8 opinions
- Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
- Pauly v. State Loan & Trust Co.Supreme Court of the United States · 1897
- Moores v. Citizens' Nat. Bank of PiquaSupreme Court of the United States · 1884
- Fed. Sec. L. Rep. P 96,609 National Bank of Commerce of Dallas v. All American Assurance CompanyCourt of Appeals for the Fifth Circuit · 1978
- Black v. J. W. Zacharie & Co.Supreme Court of the United States · 1845
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3Cited by2 opinions
- In Re John Hicks Chrysler-Plymouth, Inc.United States Bankruptcy Court, E.D. Tennessee · 1992
- In Re Country Estates Nursing Home, Inc.United States Bankruptcy Court, D. Massachusetts · 2001