FILED
NOT FOR PUBLICATION JUN 22 2020
SUSAN M. SPRAUL, CLERK
U.S. BKCY. APP. PANEL
OF THE NINTH CIRCUIT
UNITED STATES BANKRUPTCY APPELLATE PANEL
OF THE NINTH CIRCUIT
In re: BAP Nos. CC-19-1275-FSTa
CC-19-1279-FSTa
DARIN DAVIS, (Related Appeals)
Debtor. Bk. No. 1:10-bk-17214-VK
ASPHALT PROFESSIONALS, INC., Adv. No. 1:10-ap-01354-VK
Appellant,
v. MEMORANDUM*
DARIN DAVIS,
Appellee.
Argued and Submitted on May 20, 2020
Filed – June 22, 2020
Appeal from the United States Bankruptcy Court
for the Central District of California
Honorable Victoria S. Kaufman, Bankruptcy Judge, Presiding
*
This disposition is not appropriate for publication. Although it may be cited for
whatever persuasive value it may have, see Fed. R. App. P. 32.1, it has no precedential
value, see 9th Cir. BAP Rule 8024-1.
Appearances: Ray B. Bowen, Jr. argued on behalf of appellant; Alan
Wayne Forsley of Fredman Lieberman Pearl, LLP argued
on behalf of appellee.
Before: FARIS, SPRAKER, and TAYLOR, Bankruptcy Judges.
After we heard oral argument in these appeals, the Ninth Circuit
affirmed two of our prior decisions in appeals taken by Asphalt
Professionals, Inc. (“API”) in this case. Asphalt Professionals, Inc. v. Davis (In
re Davis), No. 19-60061, --- F. App’x ----, 2020 WL 3259449 (9th Cir. June 16,
2020); Asphalt Professionals, Inc. v. Davis (In re Davis), No. 19-60036, --- F.
App’x ----, 2020 WL 3259444 (9th Cir. June 16, 2020). In those decisions, the
Ninth Circuit has rejected every argument made by API in these appeals.
We could not deviate from the Ninth Circuit’s decisions even if we wanted
to (and we would not do so even if we could). Accordingly, we AFFIRM.
2