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In re McNamara

United States Bankruptcy Court for the District of Connecticut
310 B.R. 664 (2004)


Facts

McNamara (plaintiff) filed for bankruptcy. McNamara made numerous cash withdrawals over several months, accumulating $150,000 in cash. During the bankruptcy proceedings, McNamara claimed to have lost about $130,000 of that money gambling in a private poker game. McNamara testified that he could not provide any details about the circumstances of the poker game, due to the influence of alcohol and medication he was taking for depression. McNamara also stated that he had lost his job and been hospitalized. However, McNamara submitted no evidence supporting any of these claims. McNamara admitted using some of the remaining money for a Caribbean vacation, but denied depositing any money in offshore accounts. The bankruptcy-estate trustee argued that the gambling loss was fabricated by McNamara in an attempt to hide money from his former wife.

Rule of Law

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Issue

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Holding and Reasoning (Shiff, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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