Richard Sparkman v. American Residential Services, No. 14-1062 (4th Cir. 2014)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-1062 RICHARD D. SPARKMAN, Chapter 7 Trustee for Anderson Homes, Inc. and Vanguard Homes, Inc.,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; 0902071-8-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 Affirmed by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit.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 orders debtors court s determining to ARS order that: affirming (1) constituted the certain preferential bankruptcy payments court s made transfers, by 11 the 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. the reasoning of the courts Accordingly, we affirm on 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. Mar. 28, 2013; Dec. 30, 2013). filed May 25, 2012; 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

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