In Re Rust Control, Inc.

MEMORANDUM OPINION AND ORDER

H. CLYDE PEARSON, Bankruptcy Judge.

The issue here is whether or not Rust Control, Inc., a corporate entity whose charter has been revoked by the State Corporation Commission of Virginia possesses sufficient authority to file and prosecute in its own name, a voluntary petition seeking its liquidation in the Bankruptcy Court.

The facts are not in dispute, and essentially are as follows:

Rust Control, Inc. was incorporated under the corporate statutes of Virginia and its charter granted by the State Corporation Commission of Virginia on July 1, 1975; that by virtue of…