Bankr. No.:
96-40513
Chapter:
12
Date of Decision:
January 11, 2000
Issue:
Whether Applicant appraisal company was entitled to compensation and reimbursement of expenses pursuant to 11 U.S.C. § 330 and F.R.Bankr.P. 2016, where Debtor alleged that: (1) Applicant breached an agreement with Debtor’s attorney that a specific appraiser would testify on Debtor’s behalf at Debtor’s confirmation hearing; and (2) the appraiser who testified on Debtor’s behalf at Debtor’s confirmation hearing was not qualified to do so?
Ruling:
Applicant appraisal company was awarded compensation and reimbursement of expenses pursuant to 11 U.S.C. § 330 and F.R.Bankr.P. 2016. Applicant was not obligated to have a particular appraiser testify at Debtor’s confirmation hearing. Neither Debtor’s Application for Employment of Appraiser nor the Court’s Order approving Debtor’s Application required Applicant to do so. Debtor would not be permitted to question the qualifications of the appraiser who testified on Debtor’s behalf at Debtor’s confirmation hearing. Debtor effectively represented in her Application for Employment of Appraiser that the appraiser was qualified. Debtor proffered the appraiser as an expert witness at Debtor’s confirmation hearing and Debtor was not harmed by the appraiser’s testimony at Debtor’s confirmation hearing.
Full Bankruptcy Court Decision:
