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IN RE GHERMAN

Bankruptcy No. 88-03266-BKC-TCB, Adv. No. 88-0581-BKC-TCB-A.

102 B.R. 270 (1989)

In re Henry GHERMAN, First Financial Planning Corporation of South Florida, Inc., Financial & Investment Planning, Inc. a/k/a FIP, Inc., Debtors. Arthur G. SHAPIRO, M.D., et al., Plaintiffs, v. Henry GHERMAN, Joan Gherman, First Financial Planning Corporation of South Florida, Inc., Financial & Investment Planning, Inc. a/k/a FIP, Inc., Shari G. Rance, and Craig Gherman, Defendants. James S. FELTMAN, as Trustee for Henry Gherman, First Financial Planning and Financial Planning & Investment, Inc. a/k/a FIP, Inc., Cross-claim and Third Party Plaintiff, v. Henry GHERMAN, Joan Gherman, First Financial Planning Corporation of South Florida, Inc., Financial & Investment Planning, Inc. a/k/a FIP, Inc., Shari G. Rance and Craig Gherman, Cross-claim and Third Party Defendants.

United States Bankruptcy Court, S.D. Florida.

July 28, 1989.

Attorney(s) appearing for the Case

Joel M. Aresty, Miami, Fla., for defendants Henry Gherman, First Financial Planning Corp., Financial & Inv. Planning, Inc., FIP, Inc., and Pro-Med Services, Inc.

Thomas K. Equels, Holtzman, Krinzman & Equels, Coral Gables, Fla., Ronald G. Neiwirth, Miami, Fla., William R. Amlong, Amlong & Amlong, P.A., co-counsel, Ft. Lauderdale, Fla., for Joan Gherman, Shari Gherman Rance and Craig Gherman.

James S. Feltman, Miami, Fla., Chapter 11 trustee.

Ronald R. Peterson, Jenner & Block, Chicago, Ill., John W. Kozyak, co-counsel, Miami, Fla., for Chapter 11 trustee.

Schantz, Schatzman, Aaronson & Berlin, P.A., Miami, Fla., for Chapter 11 Creditors' Committee.

Robert L. Koeppel, Mitchell K. Karpe, Miami, Fla., for Alec Wallace.

Timothy J. Norris, Weil, Gotshal, Manges, Miami, Fla., Co-counsel for Receiver.

David M. Levine, Miami, Fla., for plaintiff Dr. Arthur Shapiro.

Kevin C. Gleason, Acting Asst. U.S. Trustee, Miami, Fla.

ORDER DENYING RECOVERY OF EXPERT WITNESS FEE

THOMAS C. BRITTON, Chief Judge.

The prevailing party in this adversary proceeding, the bankruptcy trustee, has moved (CP 162) to tax $73,801 as costs against the defendants on account of the trustee's expense in retaining accountants, whose testimony was the crux of the trustee's case and was most persuasive to this court.

The motion, though unopposed by defendants, was questioned by the court, and movant...

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