Posts Tagged ‘Warren v. Wirum’

Warren v. Wirum (In re Warren), new Ninth Circuit opinion

Thursday, June 18th, 2009

The Ninth Circuit just released it’s opinion in Warren v. Wirum (In re Warren), a bankruptcy decision. The following is just a brief abstract of the facts.

Prior to filing his bankruptcy petition, California moved against Mr. Warren’s bank account because of unpaid child support payments. A few weeks later, Mr. Warren filed a Chapter 7 petition to avoid the seizure. In his petition, he include a list of creditors, but he did not include other financial information required by section 521(a)(1) of the Code.

The day after he filed, the bankruptcy court notified him that he need to file the additional 521(a)(1) information within fifteen days, which he failed to do. The bankruptcy court scheduled a hearing to show cause as to why sanctions should not be imposed, but a few days before the hearing the trustee asked for time to investigate.

About five months after he filed the petition, Mr. Warren moved for dismissal, citing his lack of compliance. The district court refused to dismiss. I’ll let you read the full case on Bankruptcy Law Reports to find out why at Warren v. Wirum (In re Warren).

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