Wells Fargo Bank, N.A. v. 804 Congress, LLC, 756 F. 368 (5th Cir. 2014).
Although a deed of trust may set out a specific amount as payment for trustee fees and provision for counsel fees, a bankruptcy court, in assessing a claim for payment of trustee fees (and counsel fees) for a post-bankruptcy foreclosure can determined whether the fees are reasonable (and therefore recoverable at a high level of priority in the bankruptcy scheme– secured claims), with the rest of the claim being either allocated to general unsecured claims or disallowed.
