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IN RE ELGIN'S PAINT & BODY SHOP, INC.

Civ.A.No. 99-01982-W. Adversary No. 99-80264-W.

249 B.R. 110 (2000)

In re ELGIN'S PAINT & BODY SHOP, INC., Debtor. Grace Kelly, Plaintiff, v. Elgin's Paint & Body Shop and Ralph C. McCullough, II, Defendants.

United States Bankruptcy Court, D. South Carolina.

January 28, 2000.

Attorney(s) appearing for the Case

Stephen Jahue Moore, West Columbia, SC, for Plaintiff.

William Thomas Vernon, Columbia, SC, for Elgin's Paint & Body Shop.

Janet B. Haigler, Columbia, SC, for Ralph C. McCullough, II.

ORDER

JOHN E. WAITES, Bankruptcy Judge.

THIS MATTER comes before the Court as an adversary proceeding filed by Grace Kelly ("Plaintiff") on July 23, 1999. The Complaint seeks the denial of discharge and further seeks the dismissal of the bankruptcy case on the basis that the filing of the voluntary petition by the corporation through one of its officers, Donnie A. Elgin, Sr., was ultra vires. By order of this Court entered December 8, 1999...

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