Poindexter v. Southwest Missouri Bank (In Re Poindexter)

MEMORANDUM OPINION

JERRY W. VENTERS, Bankruptcy Judge.

This adversary proceeding raises the question of how far a creditor may go to obtain repayment on a debt without running afoul of the discharge injunction of 11 U.S.C. § 524 when the debtor has expressed his intention — both before and after filing bankruptcy — to repay the debt but never entered into a reaffirmation agreement. Expressed another way: “When is the voluntary repayment of a discharged debt no longer voluntary?”

For the reasons stated below, the Court finds that the creditor in this case, Southwest Missouri Bank (“SMB”), stepped…