In re Saunders (05-70033)

A Chapter 7 Debtor had a 1/5 interest in a vested remainder in real estate, and the Trustee moved the Court to close the case while still retaining jurisdiction over the remainder interest so that the Trustee could administer the asset when the interest became a fee simple. Assuming without deciding that the Court indeed has the power to close a case and retain jurisdiction over a remainder interest, the Court held that the Trustee did not meet its burden in showing that the benefits in retaining jurisdiction over this particular asset overcame the burdens.

Thursday, February 17, 2011