Morris Zlot, Isabel Zlot and Rose Lee Susnow v. San Jose Fashions, Inc.

PER curiam:.

This appeal is taken from an order dismissing an involuntary petition in bankruptcy. The sole act of bankruptcy alleged was:

“Within four months, next preceding the filing of this petition, the said San Jose Fashions, Incorporated, a California corporation, committed acts of bankruptcy by making preferential transfers while the debtor was insolvent and the effect of which was to enable the transferee to receive a greater portion of his debt than some other creditor.”

The dismissal was upon the ground that such a petition, based upon preferential transfers, is subject to dismissal if…