Lukens

Lukens v. Tighe

Good Law
175 F. App'x 813
United States Court of Appeals for the Ninth CircuitMarch 29, 2006No. 05-55285California221 words

Opinion

Lead Opinion

MEMORANDUM **

Donald Lukens appeals pro se from the district court’s decision affirming a bankruptcy court order dismissing Lukens’ Chapter 7 bankruptcy case. We have jurisdiction under 28 U.S.C. § 158 (d). We review for clear error the bankruptcy court’s findings of fact and review de novo its legal conclusions. Allred v. Kennerley (In re Kennerley), 995 F.2d 145, 146 (9th Cir.1993). We affirm.

The bankruptcy court did not clearly err in finding that Lukens failed to cooperate with the trustee and bankruptcy court. See Neary v. Padilla (In re Padilla), 222 F.3d 1184, 1191 (9th Cir.2000). Lukens engaged in “unreasonable delay” under 11 U.S.C. § 707 (a)(1), and did not file the true *814 and complete disclosures required by 11 U.S.C. § 521 (1). See 11 U.S.C. § 707 (a)(3) (failure to file documents required under 11 U.S.C. § 521 (1) as basis for dismissal).

The bankruptcy court did not err by dismissing Lukens’ bankruptcy petition with prejudice pursuant to 11 U.S.C. § 349 (a) on the ground that Lukens’ conduct was egregious. C.f. Leavitt v. Soto (In re Leavitt), 171 F.3d 1219, 1224 (9th Cir.1999).

Lukens’ remaining contentions lack merit.

AFFIRMED.

This disposition is not…

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