Callaway, Trustee v. Kiddco, Inc.

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-1434
JOSEPH N. CALLAWAY, Trustee,
Plaintiff – Appellee,
v.
KIDDCO, INCORPORATED,
Defendant – Appellant.
Appeal 	from 	the 	United 	States 	District 	Court 	for 	the 	Eastern
District 	of 	North 	Carolina, 	at 	Wilmington. 	James 	C. 	Fox, 	Senior
District 	Judge. 	(5:07-cv-00262-F; 	04—03490-5-JRL; 	06-00028-5-
AP)
Submitted: 	January 13, 2011 	Decided: 	February 1, 2011
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Affirmed by unpublished per curiam opinion.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. 	A. 	Scott 	McKellar, 	BATTLE, 	WINSLOW,
SCOTT & WILEY, P.A., Rocky Mount, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
Case: 10-1434 Document: 22 Date Filed: 02/01/2011 Page: 1	Case 06-00028-5-JRL Doc 56 Filed 04/04/11 Entered 04/04/11 10:42:49 Page 1 of 2

2
PER CURIAM:
Kiddco, 	Inc., 	appeals 	from 	the 	district 	court’s 	order
upholding 	the 	bankruptcy 	court’s 	determination 	that 	the 	payment
of 	$55,625.27 	from 	the 	debtor 	in 	bankruptcy 	to 	Kiddco 	amounted
to 	an 	avoidable 	preference 	under 	11 	U.S.C.A. 	§ 547 	(West 	2004 	&
Supp. 	2010). 	Our 	review 	of 	the 	record 	and 	the 	briefs 	filed 	by
the 	parties 	discloses 	no 	reversible 	error. 	Accordingly, 	we
affirm 	for 	the 	reasons 	stated 	by 	the 	lower 	courts. 	Callaway 	v.
Kiddco, 	Inc., 	Nos. 	5:07-cv-00262-F; 	04-03490-5-JRL; 	06-00028-5-
AP 	(E.D.N.C. 	Mar. 	16, 	2010). 	We 	dispense 	with 	oral 	argument
because 	the 	facts 	and 	legal 	contentions 	are 	adequately 	presented
in 	the 	materials 	before 	the 	court 	and 	argument 	would 	not 	aid 	the
decisional process.
AFFIRMED
Case: 10-1434 Document: 22 Date Filed: 02/01/2011 Page: 2	Case 06-00028-5-JRL Doc 56 Filed 04/04/11 Entered 04/04/11 10:42:49 Page 2 of 2