In Re Furniture Corporation of America

ORDER ON EXAMINATION OF FEES PAID TO DEBTOR’S FORMER ATTORNEY

THOMAS C. BRITTON, Bankruptcy Judge.

The debtor’s chapter 11 plan was confirmed on June 18, 1982. The plan has never been consummated and the debtor has replaced its attorney. On August 30, 1983, the debtor moved under § 329(b) for review of a fee paid the debtor’s former attorney, Martin Sandler. Sandler has responded. The matter was heard on September 19.

Sandler’s first response is that the fee is not reviewable because payment was made to him by a third party, Budget Furniture Rentals, Inc., who also made the debtor’s plan…