Alan Votta Construction, Inc. v. Kirkbride et al

Filing 15

JUDGMENT; IT IS ORDERED AND ADJUDGED that the Order of Bankruptcy Court of 8/13/2009 is AFFIRMED in PART. However, the Bankruptcy court erred in finding the Kirkbrides are entitled to a return of $105,000.00 from AVC. Accordingly, the Judgement of the Bankruptcy Court dated 3/1/2010 is VACATED. This matter is REMANDED to the Bankruptcy Court for further proceedings consistent with this opinion. Signed by Dennis Iavarone, Clerk of Court by Susan Edwards, Deputy on 10/18/2010. CC:counsel and US Bankruptcy Court via e-mail. (Edwards, S.)

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A O 4 5 0 ( R e v . 5/85)

United States District Court
EASTERN DISTRICT OF NORTH CAROLINA
A LA N VOTTA CONSTRUCTION, INC., Appellant, v. M IC H A E L L. KIRKBRIDE and DOLORES A. K IR K B R ID E , A p p e lle e s . ) ) ) ) ) ) ) ) J U D G M E N T IN A CIVIL CASE C A S E NO. 7:10-CV-88-BO

D ecisio n by Court.

IT IS ORDERED AND ADJUDGED that the Order of Bankruptcy Court of 8/13/2009 is AFFIRMED in PART. However, the Bankruptcy court erred in finding the Kirkbrides are entitled to a return of $105,000.00 from AVC. Accordingly, the Judgement of the Bankruptcy Court dated 3/1/2010 is VACATED. This matter is REMANDED to the Bankruptcy Court for further proceedings consistent with this opinion.
T H E ABOVE JUDGMENT WAS ENTERED TODAY, October 18, 2010, AND A COPY M A ILE D VIA ELECTRONICALLY OR BY REGULAR MAIL TO:

David A. Nash (via CM/ECF Notice of Electronic Filing) Dean R. Davis (via CM/ECF Notice of Electronic Filing) George Mason Oliver (via CM/ECF Notice of Electronic Filing) Stephanie Edmondson, US Bankruptcy Court (via CM/ECF Notice of Electronic Filing)

O cto ber 18, 2010 D ate Wilmington, North Carolina

DENNIS P. IAVARONE Clerk of Court /s/ Susan K. Edwards (By) Deputy Clerk

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