(Bankr. E.D. Ky. Sep. 15, 2017)
The bankruptcy court denies the lender’s motion to dismiss the Chapter 11 bankruptcy. The lender argued that the party signing the debtor’s petition did not have the requisite authority to commence a bankruptcy case for the debtor. The bankruptcy court finds that amendments to the debtor’s operating agreement were made for the sole purpose of eliminating the debtor’s ability to file for bankruptcy without the lender’s consent. The court finds this violates Federal public policy and the provisions are unenforceable. Opinion below.
Attorneys for Debtor: Laura Day DelCotto, Jamie L. Harris, Sara A. Johnston, DelCotto Law Group PLLC
Attorneys for Creditor: Martin B. Tucker, Sarah S. Mattingly, Dinsmore & Shohl LLP