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IN RE ALMA ENERGY, INC.

BAP No. 09-8074.

439 B.R. 92 (2010)

In re ALMA ENERGY, INC., Debtor. Pikeville Energy Group, LLC, Appellant, v. Phaedra Spradlin, Chapter 7 Trustee, Appellee.

United States Bankruptcy Appellate Panel of the Sixth Circuit.

Decided and Filed: September 7, 2010.

Attorney(s) appearing for the Case

ARGUED: Charles J. Lisle, Charles J. Lisle PSC, Lexington, KY, for Appellant. Gregory R. Schaaf, Greenebaum Doll & McDonald PLLC, Lexington, KY, for Appellee. ON BRIEF: Charles J. Lisle, Charles J. Lisle PSC, Lexington, KY, for Appellant. Gregory R. Schaaf, Greenebaum Doll & McDonald PLLC, Lexington, KY, for Appellee

OPINION

THOMAS H. FULTON, Chief Judge.

Pikeville Energy Group, LLC ("Appellant") appeals an order of the bankruptcy court denying its application for allowance of administrative expense claim on grounds that Appellant was judicially estopped from asserting that claim.

For the reasons stated below, the Panel affirms the bankruptcy court's judgment in favor of the Appellee.

I. ISSUE ON APPEAL

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