(7th Cir. Jan. 30, 2017)

The Seventh Circuit affirms the bankruptcy court’s judgment in favor of the debtor in the nondischargeability action. The creditor argued the discharge should be denied because the debtor transferred funds to pay a tax claim after the petition was filed and because of misstatements in the debtor’s schedules. The bankruptcy court found that the debtor did not authorize the post-petition transfer and found her testimony that the errors in the schedules were innocent mistakes. The court affirms, finding no basis to disturb the bankruptcy court’s findings and acceptance of the debtor’s testimony. Opinion below.

Judge: Sykes

Attorneys for Debtor: Burke, Warren, Mackay & Serritella, P.C.

Attorney for Appellant: Jeffrey W. Finke

2017-01-30-in-re-kempff