In re McNamara
United States Bankruptcy Court for the District of Connecticut
310 B.R. 664 (2004)
McNamara (plaintiff) filed for bankruptcy after making numerous cash withdrawals over several months totaling $150,000. He claimed to have lost roughly $130,000 of it gambling in a private poker game, but could recall no details, attributing his memory loss to alcohol and depression medication; he also claimed he'd lost his job and been hospitalized, but offered no supporting evidence for any of these claims. He admitted spending some remaining money on a Caribbean vacation but denied depositing funds in offshore accounts. The bankruptcy- estate trustee argued McNamara had fabricated the gambling story to hide money from his ex-wife.
Whether a debtor's bankruptcy discharge should be denied when the debtor cannot satisfactorily explain the loss of assets from the estate.