Napolitano v. McNamara (In Re McNamara)

MEMORANDUM AND DECISION ON DISCHARGE OF DEBTOR

ALAN H. W. SHIFF, Bankruptcy Judge.

The trustee filed the instant adversary proceeding, seeking the denial of the debt- or’s discharge pursuant to 11 U.S.C. §§ 727(a)(2)(A), (a)(3), & (a)(5). The complaint is based on the loss of $150,000 from the debtor’s estate and his unsubstantiated explanation that he lost most of that money in a gambling spree. For the reasons that follow, the debtor’s discharge is denied under 11 U.S.C. §§ 727(a)(2)(A) and (a)(5). Since the applicability of 11 U.S.C. § 727(a)(8) is moot, that section is not discussed.

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