Scherer v. Leslie Fay Sales

ROBERT P. ANDERSON, Circuit Judge:

Leslie Fay Sales, a division of Leslie Fay, Inc., Falchick Dress Co., Inc., and Campus Juniors, Inc., three creditors of Jercyn Dress Shop (Jercyn), a partnership, appeal from the district court’s decision and order affirming the bankruptcy court’s dismissal of appellants’ involuntary petition in bankruptcy to the extent that it was addressed against Jercyn’s partners, Jack A. Scherer and Eva Scherer, husband and wife, as opposed to the partnership entity itself, on the ground that these partners had not committed an act of bankruptcy within the contemplation…