Legal Opinion

Pikeville Energy Group, LLC v. Spradlin (In Re Alma Energy, Inc.)

Bankruptcy Appellate Panel of the Sixth Circuit

Decided September 7, 2010No. BAP 09-8074PublishedCited by 1 opinion

1Opinion of the Court

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 es-topped 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

Did the bankruptcy court err in finding that Appellant was judicially estopped from asserting an administrative claim against the bankruptcy estate of the Debt- or?

II.JURISDICTION AND STANDARD OF REVIEW

The…

2Cases cited13 opinions

  1. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  2. New Hampshire v. MaineSupreme Court of the United States · 2001
  3. Midland Asphalt Corp. v. United StatesSupreme Court of the United States · 1989
  4. Alternative System Concepts, Inc. v. Synopsys, Inc.Court of Appeals for the First Circuit · 2004
  5. In Re Dsc, Ltd., a Michigan Corporation, Debtor. Riverview Trenton Railroad Company Crown Enterprises, Inc. v. Dsc, Ltd., a Michigan CorporationCourt of Appeals for the Sixth Circuit · 2007

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3Cited by1 opinion

  1. In Re PearsallUnited States Bankruptcy Court, N.D. Ohio · 2010

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