In re: Parks v.

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT In Re: HERBERT B. PARKS,  Debtor. GARSON L. RICE, SR., Individually and for and on behalf of R&P Ventures, a General Partnership or Joint Venture, and for and on behalf of Byron Commercial Investments,  No. 99-2678 Incorporated; BYRON COMMERCIAL INVESTMENTS, INCORPORATED, Plaintiffs-Appellants, v. HERBERT B. PARKS, Defendant-Appellee.  Appeal from the United States District Court for the Middle District of North Carolina, at Durham. James A. Beaty, Jr., District Judge. (CA-98-731-1, A-91-2480G, B-91-13111C-7G) Argued: December 4, 2000 Decided: January 9, 2001 Before WILKINS and KING, Circuit Judges, and William L. GARWOOD, Senior Circuit Judge of the United States Court of Appeals for the Fifth Circuit, sitting by designation. Affirmed by unpublished per curiam opinion. 2 IN RE: PARKS COUNSEL ARGUED: Rory D. Whelehan, WOMBLE, CARLYLE, SAN- DRIDGE & RICE, Greenville, South Carolina, for Appellants. Gerald Allen Pell, PELL & PELL, L.L.P., Greensboro, North Carolina, for Appellee. ON BRIEF: Ralph W. Gorrell, PELL & PELL, L.L.P., Greensboro, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). OPINION PER CURIAM: Having considered the briefs, appendix and argument of counsel, we conclude that the District Court did not err in affirming the ruling of the Bankruptcy Court. The latter court’s determination that the set- tlement agreement between the Trustee and Parks—approved by the bankruptcy court, the validity of which is not open to challenge in this proceeding—intended to exempt the entire property itself, is not clearly erroneous, and it does not appear that the settlement agree- ment unambiguously provided otherwise. AFFIRMED