Generally it’s the shareholders approving these payments. It’s in their interest, and perhaps in the interest of the creditors as well, to have a competent management team who know the company well in place to maximise enterprise value through Chapter 11.
It's certainly unsavory. What would the legal basis for that suit be? Would it be simpler to have Congress stake a claim than to have the judiciary make a decision with a legal code that remains muted on the issue?