· 7/26/1989
Matter of Giggles Restaurant, Inc.
Citations
- 103 B.R. 549
- 1989 Bankr. LEXIS 1233
- 1989 WL 87919
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “in the absence of restrictions, the power to file a voluntary petition in bank ruptcy on behalf of a corporation rests with the Board of Directors”
- recognizing as a general proposition that power to file bankruptcy rests with the board
- declining to exercise jurisdiction over corporation’s voluntary proceeding since the resolution authorizing the fifing was not attended by a quorum
- “BKC [creditor] has a stake in an adjudication that the resolution authorizing bankruptcy was invalid and that the petition should be dismissed.”
- applying New Jersey law for a New Jersey corporation
Source: CourtListener parenthetical corpus (CC0).
Judges: Vincent J. Commisa
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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