Dunne failing to co-operate, says trustee

Developer Sean Dunne last night was accused of failing to co-operate with the court-appointed trustee overseeing his bankruptcy case in the US.

Mr Dunne has failed to produce a raft of documents which he must do so under the US bankruptcy code, according to a motion filed on behalf of trustee Richard Coan.

“By failing to produce [sic] of any documents in response to the document quest, the debtor has failed co-operate with the trustee to enable the trustee to perform his duties under the United States Bankruptcy Code,” the motion read.

The documents include bank statements, wife Gayle Killilea Dunne’s income, the value of any property, and the value of any business Mr Dunne has any interest in.

“The debtor’s limitations prevent the trustee, any party, or the court from relying on the debtor’s schedules in any meaningful way,” the document reads.

The trustee is asking the court to order Mr Dunne to produce the documents.

He is also asking the court to order Mr Dunne to appear at the next creditors’ meeting, which is scheduled to take place on Jun 19.

The first creditors’ meeting was due to have taken place on Wednesday, but Mr Dunne “failed to appear”, according to the trustee, despite the fact that individuals travelled from Ireland for the meeting.

On the eve of the meeting, on Tuesday afternoon, Mr Dunne, through his lawyer, filed a motion asking for a postponement.

The judge overseeing the case, Alan Shiff, was not available that day and no order was handed down.

Mr Dunne told the trustee he would not be attending.

In yesterday’s filing, Mr Coan said Mr Dunne has failed to provide the current values for his assets, reveal his wife’s income, or provide details of his household income and expenditures.

He has also, according to Mr Coan, not provided photocopies of pay stubs and details of all income received by himself and his wife in the 60-day period prior to the Mar 29 bankruptcy protection filing. He has not handed over a complete copy of his most recently filed federal and state tax returns, according to the trustee.

The motion was filed ahead of a court hearing today, at which Mr Dunne’s request for the postponement of the creditors’ meeting will be discussed.

The court hearing was originally scheduled after Ulster Bank asked that it be allowed to move forward with bankruptcy proceedings in Ireland. Mr Coan has filed a statement in support of Ulster Bank, arguing that all the priority creditors and most of Mr Dunne’s declared assets are in Ireland.