FILED NOT FOR PUBLICATION JUN 22 2020 SUSAN M. SPRAUL, CLERK U.S. BKCY.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 ----,

(9th Cir. June 16,

2020); Asphalt Professionals, Inc. v. Davis (In re Davis), No. 19-60036, --- F.

App’x ----,

(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.

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