See how much you have learned? Each of you can answer this question I’m sure. The question was posted by a very knowledgeable and good bankruptcy lawyer.
Dear Colleagues,
A corporation filed for Chapter 7 protection. However, the 80% shareholder, who is neither an officer, nor a director, did not sign anything authorizing the filing. Can the case be dismissed based on the failure of the Board to have the 80% shareholder sign the corporate resolution authorizing the filing?
I suspect that the answer to my question is, “Look at the articles of incorporation and the by-laws,” but I thought I’d see if there is a general principle I can use here.
All the best,
Nick