Hinson v. Valles Mechanical Industries, Inc. (In Re Valles Mechanical Industries, Inc.)

ORDER

W. HOMER DRAKE, Bankruptcy Judge.

This case is before the Court on the plaintiff’s motion for summary judgment and the defendant/trustee’s cross-motion for summary judgment arising out of the plaintiff’s complaint seeking dismissal of the debtor’s bankruptcy petition. On July 2, 1981, the above-referenced debtor/defendant filed its petition for relief under Chapter 7 of the Bankruptcy Code. The debtor’s petition was verified by James Rodney Wallis as president of Valles Mechanical, Inc. (“Valles”). Mr. Wallis did not act at the express direction of the debtor’s Board of Directors in…