Movant’s motion to dismiss Chapter 11 bankruptcy case on ground bankruptcy filing was improperly authorized and Court lacks jurisdiction is denied. Movant and his wife were each 50% stockholders and directors of debtor corporation and having marital and business problems. Movant’s wife and third board member authorized the filing of this bankruptcy filing. Movant filed this motion almost eleven months following the filing of the bankruptcy petition, claiming that he did not vote for filing bankruptcy and third board member who voted for filing was not properly elected as director. It is unnecessary for Court to reach the issue of whether third board member was duly elected as Court finds Movant ratified the bankruptcy filing post-petition through his participation in, his acquiescence to, and his acceptance of benefits from this bankruptcy case. Such ratification relates back to the authorization for filing as of the time it was made. O.C.G.A. § 10-6-52.
File:
Date:
03/09/2007