Richard Sparkman v. American Residential Services

U.S. Court of Appeals for the Fourth Circuit

Richard Sparkman v. American Residential Services

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 14-1062

RICHARD D. SPARKMAN, Chapter 7 Trustee for Anderson Homes, Inc. and Vanguard Homes, Inc.,

Plaintiff - Appellee,

v.

AMERICAN RESIDENTIAL SERVICES, LLC,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Dever III, Chief District Judge. (5:13-cv-00346-D; 09-02062-8-SWH; 09- 02071-8-SWH; 11-00213-8-SWH)

Submitted: September 30, 2014 Decided: October 7, 2014

Before MOTZ, KING, and GREGORY, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Nelson G. Harris, HARRIS & HILTON, P.A., Raleigh, North Carolina, for Appellant. John Paul H. Cournoyer, John A. Northen, NORTHEN BLUE, LLP, Chapel Hill, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

American Residential Services, LLC, (ARS) appeals from

the district court’s order affirming the bankruptcy court’s

orders determining that: (1) certain payments made by the

debtors to ARS constituted preferential transfers,

11 U.S.C. § 547

(b) (2012), and (2) ARS could not establish defenses under

either

11 U.S.C. § 547

(c)(1) or § 547(c)(2) (2012). We have

reviewed the record included on appeal as well as the parties’

briefs and find no reversible error. Accordingly, we affirm on

the reasoning of the courts below. Sparkman v. American

Residential Servs., LLC, Nos. 5:13-cv-00346-D; 09-02062-8-SWH;

09-02071-8-SWH; 11-00213-8-SWH (E.D.N.C. filed May 25, 2012;

Mar. 28, 2013; Dec. 30, 2013). We dispense with oral argument

because the facts and legal contentions are adequately presented

in the materials before this court and argument would not aid

the decisional process.

AFFIRMED

2

Reference

Status
Unpublished