1988 #09, Doerr, 3-22-88
In re: VAUGHN AND GENEVIEVE DOERR, Case No. 86-00156, Chapter 12
As of this date all counsel have responded to the Courts letter of February 1, with its enclosure of Jarvis Browns letter appraisal in the above captioned matter. Each attorney indicated they did not wish to participate further by examining Mr. Brown and the Court would accordingly adopt the values that are set out in Mr. Browns letter appraisal. Counsel for the Debtor may prepare appropriate findings of fact and judgment accordingly establishing that value.
In reference to the matter of the costs of the appraiser, by this letter I am instructing Mr. Pokela to apportiqn the costs equally amongst the parties and make payment to Mr. Penfield and Mr. Brown. In reference to Mr. Penfields charges, the Court has reviewed his statement and finds that the charge should be reduced by virtue of the fact that Mr. Penfield had advised Mr. Pokela that he had all of the information that was necessary and he could revise his appraisal to make the same available at a subsequent hearing. Accordingly, I would not allow the total charge of nine hours but would allow two hours at a cost of $50.00 and I would disallow the five hours for additional research of records, as this was not indicated at the time inquiry was made of him.- The Trustee may make payment deducting the $300.00 and adjusting the tax accordingly. The Trustee may present an order to the Court authorizing payment.
If there are any questions, feel free to contact me.