In Re Penn Fruit Co., Inc.

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issues which confront us in this chapter XI case are: (1) whether a monetary limitation on the costs of administration contained in a debtor’s plan which we previously confirmed is non-modifiable and binding upon us; and (2) whether that same plan gives the funder of the plan a right to a refund of $160,000.00 with interest. We conclude that we are not bound by the aforesaid limitation because the court, and the court alone, has the authority to ultimately determine the amount of compensation payable for services rendered in connection with the…