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2. As one leading commentator has noted, "[t]he bankruptcy court may reduce or even <br /> disallow the requested amount of compensation when no real benefit is conferred upon the <br /> debtor's estate by the services for which the applicant seeks compensation." 4 Collier on <br /> Bankruptcy, Paragraph 330.03[3] (Matthew Bender 15th Ed. Revised 1996). Prior to the <br /> passage of the Bankruptcy Reform Act of 1994, the Tenth Circuit held that the determination <br /> of benefit to the estate must be made prior to the determination of the reasonableness of the fees. <br /> In re Lederman Enterprises, Inc., 997 F.2d 1321 (loth Cir. 1993). See also In re Automobile <br /> Warranty Co., 138 B.R. 72 (Bankr. Colo. 1991). Portions of the services rendered for which <br /> compensation is sought in the Fee Application provided little or no benefit to the estate. <br /> 3. While Block Markus Williams, LLC is very experienced as bankruptcy counsel, <br /> the firm does not appear to have the same type of experience relating to real estate conveyance <br /> and ancillary title questions. The fi m's lack of experience in real estate conveyancing is <br /> illustrated by the fact that the bulk of the fees for which reimbursement is sought are related <br /> solely to work on the sale of the Jimmie Dean Braley, Sr.'s real estate assets. According to the <br /> billing itemizations, $22,182.00 of the $37,941.88 sought was incurred in the sale of Jimmie <br /> Dean Braley, Sr.'s real estate. The amount charged for this work appears to be more than what <br /> an experienced practitioner in the Denver Metro Area would customarily charge. Therefore, <br /> the amount charged is unreasonable. <br /> 4. Additionally, the firm charged $9,941.50 to resolve the adversary proceeding <br /> commenced by Jimmie Dean Braley, Jr. and Lynn M. Braley, asserting adverse possession and <br /> homestead claims. These claims were so obviously frivolous that the amount incurred in their <br /> defense is excessive. <br /> 5. If the application for fees and expenses is approved, the amount of Ms. Fehr's <br /> recovery will be significantly reduced. The sale of Debtor's real estate brought before payments <br /> to the secured creditors. Still to be paid are the fees for the trustee, trustee's counsel, and <br /> certain tax liens. Ms. Fehr will recover only a fraction of her claim. <br /> WHEREFORE, for all of the foregoing reasons, Ms. Fehr respectfully requests a hearing <br /> on the Fee Application to determine the reasonablenessof the fees sought. <br /> Respectfully submitted this 2 /-,�ay of June, 1997. <br /> ANKELE, ICENOGLE, NORTON, WHITE & SETER <br /> A Professional Corporation <br /> Charles E. Norton, #10633 <br /> Tamara K. Gilida, #24721 <br /> 5690 DTC Boulevard, Suite 300 <br /> Greenwood Village, CO 80111 <br /> (303) 773-1666 <br /> ATTORNEYS FOR CREDITOR DARLENE J. FEHR <br /> 2 <br />