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1 days in working on this case, on this one aspect of the case <br /> only. I ask for reasonable compensation in accordance with <br /> 2 the statutory percentages for trustee' s compensation (see <br /> information concerning valuation, below) or such other <br /> 3 reasonable basis as the court may decide. <br /> 4 e. a reasonable " impound" for possible income <br /> taxes resulting from the sale. I am consulting with Paul <br /> 5 Quinn, CPA on this subject and I anticipate will have more <br /> specifics for the court, in the form of a declaration, prior <br /> 6 to hearing. The question of potential income tax liability <br /> deals with information that I do not yet have, such as the <br /> 7 basis of the various assets, how much depreciation has been <br /> taken, etc . This may be as much as $100, 000 . 00, although I <br /> g simply do not know at this point. <br /> 9 f . a further impound so that I may retain Steve R. <br /> Mueller of Omni Environmental Group as my expert to assist <br /> 10 me in overseeing the ADL cleanup work. <br /> 11 7 • I request that the surcharge order be handled in the <br /> following manner: I request that ADL first pay the amount <br /> 12 which the court fixes as a reasonable surcharge under <br /> Section 506 (c) directly to me, for deposit into my trust <br /> 13 account . These would be paid in installments . I will hold <br /> the funds and not disburse them until the close of the case, <br /> 14 after court approval of the various items . Any remaining <br /> amount not used up will be handled in the normal manner when <br /> . 15 the estate is wound up. ADL would then pay the secured <br /> creditors the remainder of the amount of their claims, with <br /> 16 this amount deducted pro rata from the secured creditors' <br /> claims . In effect, this would result in the secured <br /> 17 creditors' being surcharged and paying these amounts , rather <br /> than ADL. <br /> 18 <br /> 8 . I also ask the court to value the equipment involved <br /> 19 in this motion, for purposes of the court' s setting the <br /> appropriate surcharge amount under Section 506 (c) . It is <br /> 20 difficult to value the equipment . The debtor' s Schedule B <br /> does not give a value (" unknown" --item 27 ) . However, I <br /> 21 suggest that one method of doing so is to evaluate the ADL <br /> offer, as a means of establishing " fair market value." ADL <br /> 22 has offered: <br /> 23 a . $1, 000 . 00 cash; and <br /> 24 b. to take care of the cleanup. The preliminary <br /> estimate from Steve Mueller of Omni was $74 , 555 . 00; and <br /> 25 <br /> c . to pay all the secured creditors . I ask the <br /> 26 court to take judicial notice of Schedule D (Creditors <br /> Holding Secured Claims ) for this limited purpose. It <br /> 27 appears that the secured claims are in the neighborhood of <br /> LAW OFFICES $400, 000 . 00 . <br /> OF 28 <br /> WAGGONER <br /> H LOEFFLER <br /> 31"VOHENRY AVE. 3 <br /> MOOESTO,CA 95354 <br /> ...209544)ta4 <br /> II <br />