16 B 01529
After investigating Debtor’s assets and the estate’s potential claims, Trustee filed a qui tam lawsuit.  Several years of litigation ensued, including an appeal to the Illinois Supreme Court.  The qui tam defendant – now a creditor as well, having bought a claim against the estate – offered to purchase the lawsuit from the Trustee for an amount equal to all allowed claims against the estate.  Trustee declined the offer.  The defendant brought a motion to compel Trustee to comply with his duties under 11 U.S.C. § 704.  HELD: Movant did not comply with Fed. R. Bankr. P. 9013, which requires every motion to “state with particularity the grounds therefor[.]”  At oral argument, movant clarified that it sought a determination that this is a surplus estate case.  The court found that this determination would be an advisory opinion.  Under the case-or-controversy requirement of the Constitution, the court does not have subject matter jurisdiction to render an advisory opinion.  Therefore, the request to determine whether there is a surplus estate was denied.  To the extent the motion to compel sought to require the Trustee to provide information regarding his pre-lawsuit investigation of asset transfers by the Debtor, the motion was granted.  The movant’s request to find that the special counsel Trustee employed to prosecute the lawsuit had an undisclosed conflict was denied after movant admitted this motion was not the appropriate procedure for reconsideration of a retention order.