Legal Question in Bankruptcy in Missouri

On Saturday morning, Accountable Finance/Metcalf Auto repossessed my vehicle. Upon talking to them, they said they came & got my truck saying that my bankruptcy had been dismissed, not discharged, They also said that they had never been contacted by the court or your office about anything pertaining to my bankruptcy. Please give me a call back or email to try & get some clarification on this matter & if this was a legal option for them.


Asked on 1/09/12, 8:49 am

1 Answer from Attorneys
Alicia Beeler Villines Alicia Beeler Villines (sole practitioner)

The short answer is yes, it was legal. I'm not sure who your attorney is, but I'd like to clarify that I am not currently representing you.

Creditors are prohibited from making collection efforts (such as repossession) after a bankruptcy case has been filed. If the debt is discharged in bankruptcy, then the creditor is permanently barred from attempting to collect from you.

But a dismissal of a bankruptcy case is different from a discharge. Think of a dismissal as turning the legal clock back to one minute before your case was filed.

As a purely practical matter, most creditors opt not to pursue aggressive collection efforts if they believe a person is about to file bankruptcy. It might be legal -- but it's also likely to be wasted effort.

Read more
Answered on 1/09/12, 9:39 am


Related Questions & Answers

More Bankruptcy Law questions and answers in Missouri