Former Oxnard financial adviser Donald Dayton Lukens might have said "I don't know" and "I don't remember" a few too many times in response to questions about what happened to the $47 million listed in his request for bankruptcy protection.

For example, the U.S. Trustee's Office said Lukens couldn't determine to whom he sold three condominiums in Newbury Park. Of a $1.1 million mortgage against his house, Lukens allegedly could not recall how much cash he took out of it. Asked about his failure to prepare income taxes for 1996, Lukens reportedly said he was "trying to somehow accumulate something to get some kind of logic out of it."

As a result, the Trustee's Office has taken the unusual step of asking a federal Bankruptcy Court judge to dismiss Lukens' case and deny him the opportunity to discharge his debts.

In court documents filed in June, the Trustee's Office said Lukens has demonstrated "disdain for the bankruptcy system" during the past two years of his case and that he wants to "take advantage of the benefits of (the) system while avoiding its responsibilities."

It said Lukens, 52, a 1969 graduate of Channel Islands High School who was born and raised on the Oxnard Plain, was obstinate, vague and unresponsive, and that he "does not deserve to be allowed to remain in bankruptcy, or to discharge the debts."

Lukens, representing himself, has denied "each and every allegation" in a long written response to the motion for dismissal.

The case is set to be heard by Judge Robin Riblet on Wednesday in U.S. Bankruptcy Court in Santa Barbara at 2 p.m.

In his written response, Lukens said he was "harassed" during his deposition and that the U.S. Trustee's attorney "made fun of his recollection (under years of duress)."

"There are no merits, facts, grounds, or reasons for this motion," Lukens said in his response.

Experts said Wednesday that it is unusual for the trustee to seek such a dismissal.

"Two years into the case, that's fairly unusual, but it's an appropriate remedy if somebody is flouting the system," said Kenneth N. Klee, a professor of law at the UCLA School of Law who specializes in bankruptcy.

"If the trustee were to succeed in this, it would be a very unusual occurrence," said Linn M. LoPucki, also a law professor at the UCLA School of Law.

Lukens and his wife, Denise, requested Chapter 7 Bankruptcy protection in March 2001. Initial documents filed by the couple said they had nearly $47 million in debts, and less than $1 million in remaining assets, leaving many to question where the money went.

Prior to the bankruptcy the Lukens family lived a life of luxury in a hillside home in Camarillo. The couple drove twin Jaguars and he took $2,000-a-pop chartered flights to Las Vegas.

Among Lukens' clients, many of whom are now creditors, were famous professional athletes and professional models, as well as many of Lukens' friends and neighbors. Among his creditors is the pastor of Lukens' church (Ventura Missionary Church) and one of his children's former schoolteachers.

Several creditors say he cost them their retirement savings, and at least one -- the former schoolteacher -- expected to lose her home as a result.

After the bankruptcy was filed, a criminal investigation by the Federal Bureau of Investigation began as agents seized boxes of records. FBI officials have declined to comment on the case.

The U.S. Securities and Exchange Commission filed and settled a lawsuit against Lukens last year after alleging that he duped more than 100 investors of a potential $25 million or more. The settlement agreement said Lukens cannot act as a broker, dealer, or investment adviser, nor associate with anyone acting in that capacity. It also said he must pay $4.75 million.

The SEC accused Lukens of using some client dollars in "Ponzi-like fashion," a form of investment fraud in which new investors' money is used to pay returns to earlier clients. Lukens did not admit, nor deny, any allegations, a standard feature of SEC settlements.

In the recent motion brought by the trustee, Lukens says he's cooperated.

He said that questions during a deposition that regarded his current employment, residence and what kind of car he drives were "broad and confusing" and that he didn't know if they were relevant to his bankruptcy.

He said revealing such things as his residence could compromise the safety of his children and their mother, and "may cause me to lose residential assistance and employment." He said he found a job in another state.

His address in court documents is a post office box on Daily Drive in Camarillo.

Margaret "Peggy" Barnes, a creditor listed as being owed $175,000 by Lukens, laughed when asked for comment. She attended most of the hearings on his bankruptcy and said he "did not own up to anything at all."

"My goodness," she said. "It wasn't because of old age. It was deliberate."