Court denied a motion to dismiss, or to alternately lift stay, that asserted bad faith filing in a chapter 7 case. The motion was brought by a director and 50% shareholder of the debtor, who was also an oversecured creditor foreclosing on the estate's principal asset. The debtor's only other director had signed the chapter 7 petition, without the knowledge or consent of the remaining director, for the purpose of preventing the foreclosure. The court acknowledged the general rule that corporate authorization to file bankruptcy requires a quorum and majority vote of the board, but noted that Nevada law creates an exception to the rule where one of two directors has an interest adverse to the corporation, and would have voted not to authorize the bankruptcy filing. Failure of the remaining director to obtain corporate authorization to file the bankruptcy did not constitute grounds for dismissing the case where the remaining director's interests would be protected, and equity preserved for remaining creditors and equity interest holders. The parties relied upon affidavits that were not admitted into evidence at the hearing, and that contained inadmissible evidence. The court considered the Fed. R. Civ. P. 43(e) exception to the general rule that testimony shall be taken orally in open court. The court discussed the necessity for formal admission of affidavits, but found that the parties waived any objection to the use or content of the affidavits, despite their questionable evidentiary status.