In Re Philadelphia Mortgage Trust, Maurice Baehr, Sr., Trustee v. Touche Ross & Co.

OPINION OF THE COURT

SLOVITER, Chief Judge.

I

Introduction

The sole issue in this case is whether a bankruptcy court’s orders that approve a trustee’s employment of expert witnesses are tantamount to appointment by the court of those witnesses for purposes of 28 U.S.C. § 1920(6) (1988), which permits taxation as costs against the losing party of fees for “court appointed experts.” Surprisingly, this appears to be a question of first impression for an appellate court.

II

Factual and Procedural History

Maurice Baehr, Sr. (“Baehr” or “trustee”), the trustee in bankruptcy for Philadelphia Mortgage Trust…