Whittaker, Clark & Daniels Receiver Moves to Dismiss Bankruptcy Petition, Says Board Didn’t Have Authority to File

TRENTON, N.J. –– A receiver for Whittaker, Clark & Daniels has moved to dismiss the company’s Chapter 11 petition, saying that the Debtor’s board had no authority to file for bankruptcy.

In a May 3 brief filed in the U.S. Bankruptcy Court for the District of New Jersey, Peter Protopapas, a duly appointed receiver by the South Carolina Court of Common Pleas for Whittaker, Clark & Daniels, maintained that a “controlling order of the South Carolina divested WCD’s board of such authority and gave it to the Receiver alone.”

“As a result, this bankruptcy was not properly filed and can …