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PETER C. FESSENDEN

STANDING CHAPTER 13 TRUSTEE DISTRICT OF MAINE

20 Federal Street

Post Office Box 694

Brunswick, Maine 04011

 

December 21, 1994

 

Gerrard F. Kelly, Esq. _ Assistant U.S. Trustee

537 Congress Street Portland, ME 04101

Re: Catherine Duffy Petit Chapter 11 Case No. 93-20821

Dear Gerry,

I am writing to ask your political advice. I will not need it in writing. I would appreciate your suggestions as to how to proceed in the future if similar situations occur in the future.

Steve Morrell filed a fee application in the above-captioned case. Pursuant to my usual practice, I filed comments. I received an immediate telephone call from him expressing shock and horror. He told me that he has never, ever had his fees challenged by anyone. He did not expect it of me and wanted to know where I got off with this kind of response.

We went over his bill in detail on the telephone. Based on his explanation, I sent a follow up letter to Judge Votolato agreeing to modest reduction in the fees claimed, but otherwise waiving my several objections.

Is my usual practice of commenting on fees excessively harsh? (You may not have seen my comments in Chapter 13 cases; you may want to talk to Bob.) Am I being a horse's South end by commenting at all? Is Steve Morrell a ''sacred cow" whose fee applications should be accepted in the absence of outrageousness.

When next we have some leisure time, I would be happy to have you buy me a cup of coffee (and I will instantly reciprocate) so we can talk it over.

Best wishes to you and yours for the new year.

Cordially,

PETER G. FESSENDEN

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