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Sparkman v. American Residential Services, LLC

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Oct 7, 2014
584 F. App'x 136 (4th Cir. 2014)

Opinion

No. 14-1062

10-07-2014

RICHARD D. SPARKMAN, Chapter 7 Trustee for Anderson Homes, Inc. and Vanguard Homes, Inc., Plaintiff - Appellee, v. AMERICAN RESIDENTIAL SERVICES, LLC, Defendant - Appellant.

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UNPUBLISHED Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh.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) 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 Affirmed by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit.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


Summaries of

Sparkman v. American Residential Services, LLC

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Oct 7, 2014
584 F. App'x 136 (4th Cir. 2014)
Case details for

Sparkman v. American Residential Services, LLC

Case Details

Full title:RICHARD D. SPARKMAN, Chapter 7 Trustee for Anderson Homes, Inc. and…

Court:UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

Date published: Oct 7, 2014

Citations

584 F. App'x 136 (4th Cir. 2014)

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