Andrew Currie published "Sino Clean Energy, Inc. v. Seiden (In re Sino Clean Energy, Inc.): Authority to File and the Tension Between Bankruptcy and Receivers" in the Norton Bankruptcy Law Adviser's April 2019 edition. The following is an excerpt:
On August 27, 2018, the United States Court of Appeals for the Ninth Circuit issued its opinion in Sino Clean Energy, Inc. v. Seiden (In re Sino Clean Energy, Inc.), dismissing a bankruptcy petition filed by a member of a board that had been replaced by a receiver. The Ninth Circuit held that a former board does not have authority to file a bankruptcy petition on behalf of the corporation following the appointment of a new board by a receiver acting under state law.