In Re Penny Saver, Inc.

OPINION

THOMAS M. TWARDOWSKI, Bankruptcy Judge.

Before us in this matter is a motion by a party in interest to vacate the order for relief and to dismiss the voluntarily filed petition. The party in interest claims that the debtor’s president was without authority to file the voluntary petition on behalf of the debtor. For reasons hereinafter given, we will deny the motion. 1

The facts of this case are as follows:

Richard and Penelope Dennis (hereinafter, the Dennis’) were the owners of all the shares of Penny Saver, Inc., a small business whose sole activity was the operation of a gas station…