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· 11/28/1980

In Re Al-Wyn Food Distributors, Inc.

Citations

  • 8 B.R. 42
  • 7 Bankr. Ct. Dec. (CRR) 126
  • 1980 Bankr. LEXIS 4012

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that president acted outside of his authority in filing bankruptcy petition where neither governing instruments of the corporation nor state law authorized the president to file a petition
  • noting that power to file a bankruptcy petition will not be implied, but rather “is a special act requiring special authorization”
  • dismissing case where debtor’s president lacked corporate authority to file under the governing documents and state statute
  • dismissing case where debtor’s president lacked corporate authority to file under the governing documents and state statute

Source: CourtListener parenthetical corpus (CC0).

Judges: George L. Proctor

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Sourced from CourtListener / Free Law Project (CC0).

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