(Unpublished) - In re Karen Lynne Tollefson, No.13-24681 TBM (Bankr. D. Colo. May 13, 2015) (Fed. R. Bankr. P. 7026, 7034 and 9014; discovery of opposing party's attorney's billing records in contested fee application litigation).

In a dismissed Chapter 11 case, the Court retained jurisdiction to consider the reasonableness of the debtor's attorneys' fees. A significant creditor in the case objected to the amount of the fees charged by applicant as unreasonable. In preparation for trial and during the course of discovery, the fee applicant sought discovery of the objecting creditor's billing records and other information in connection with the debtor's case and related cases. The matter came before the Court on the applicant's motion to compel the opposing party's attorney to produce billing records and other information.

After hearing argument, the Court issued its order denying the applicant's motion to compel, in part, on the grounds that the billing records of the opposing party were neither relevant nor within the proper subject of discovery under Fed. R. Bankr. P. 7026, 7034 and 9014. The Court, however, permitted the other limited discovery sought.