[Dec 15 2019] Foreclosure Saga - http://civilinquiry.jud.ct.gov/CaseDetail/PublicCaseDetail.aspx?DocketNo=FBTCV196091825S

[instythot]

Or he could declare bankruptcy immediately and automatically obtain a stay in any proceedings against him. It will nuke his credit rating from orbit, but so will getting foreclosed on. His biggest dick option, so what he'll do if he isn't just pushing buttons, is wait until the foreclosure proceeding actually looks like he's about to lose, and THEN file bankruptcy.

What he'd want to do is maximize his equity in exempt assets so that the creditors get to seize the condo but any deficiency is uncollectible. He should be talking to a good bankruptcy lawyer at this point since when that's best to do is complicated and he may need to do it very soon.

For all I know he could get out of this pretty easily. He's obviously fucking DSP, so the odds of that aren't good, but he'll probably survive with pigroach luck not much scathed if he even half asses it.

This scenario sounds like a reasonable starting position for a competent representative to drive at "short sale, we part ways and you never have to do business with Phil Burnell again" from

"We will move as much as we can into protected assets and declare bankruptcy. Come collect the figurines and digital copies of PlayStation games that are left. We will waive the please don't tear out the pipes and wiring check and you can call that a savings"

 

[AnOminous]

People are talking a lot about him filing for bankruptcy. Now, I don't know shit about US law, but how the fuck could a person earning 100k+ a year and owning a condo worth more than 300k successfully do that? Wouldn't the judge be like "lol no" and that be the end of it?

If you have currently due debts, do not have the income to pay them, and will not in the near future, and your exempt assets are a certain level, you are entitled to declare bankruptcy. In fact, your creditors can force you into involuntary bankruptcy if they choose. This would be if they believed he actually can pay them but is just refusing to.

 

[Kheapathic]

People are talking a lot about him filing for bankruptcy. Now, I don't know shit about US law, but how the fuck could a person earning 100k+ a year and owning a condo worth more than 300k successfully do that? Wouldn't the judge be like "lol no" and that be the end of it?

The idea is, regardless of how much you make; you can't pay your bills/debts. However, people like SoapQueen1 have also said, that there are criteria to meet Bankruptcy, and outlined how the process may work; but the main takeaway also is no one would look at how much Phil makes and just have it be "Oh, okay."

 

[huffysan]

I imagine that how Phil ends, after all this foreclosure saga.

 

[James Smith]

I also don't know where they'd have to file to garnish from Twitch/PayPal/whoever. Probably somewhere chosen by Twitch/PayPal/whoever. I wouldn't actually be shocked if they just fuck you over, I know PayPal likes just grabbing your money without any legal justification for it. They certainly won't go to bat for you.

Who knows what court they'd have to go to in order to get jurisdiction. I wouldn't be surprised if the lender gets a judgement and sends a demand to PayPal who immediately complies without arguing about it. What is DSP going to do, use another payment service provider and not come back? There might not be a reason for them to throw up hands on behalf of DSP.

People are talking a lot about him filing for bankruptcy. Now, I don't know shit about US law, but how the fuck could a person earning 100k+ a year and owning a condo worth more than 300k successfully do that? Wouldn't the judge be like "lol no" and that be the end of it?

It depends. If you make $100K per year and have a condo worth $300K but have $1M in debt they might very well let you discharge your debt through bankruptcy. Bankruptcy is a process where your creditors become legally prohibited from trying to collect money from you and in exchange you have to demonstrate to the court that you have done and are doing everything in your power to pay back your debt and it's still not enough. If you fail to demonstrate you're doing the best you can (whether your bankruptcy petition just gets denied or it's approved and you don't adhere to its conditions) the prohibition ends and your creditors can start trying to collect money from you again. You might not be allowed to try declaring bankruptcy again for a period of time depending on how and why your bankruptcy ended so it's important to do it right the first time.

Minimal update on the USPS tracking for his service papers. They said because I'm neither the sender nor the recipient they can't do an actual service request which would get the information on why it's just been sitting in the Seattle area for three weeks. The agent did say that a service request was performed on December 15 which would almost certainly be the plaintiff not DSP.

 

[AnOminous]

It depends. If you make $100K per year and have a condo worth $300K but have $1M in debt they might very well let you discharge your debt through bankruptcy. Bankruptcy is a process where your creditors become legally prohibited from trying to collect money from you and in exchange you have to demonstrate to the court that you have done and are doing everything in your power to pay back your debt and it's still not enough. If you fail to demonstrate you're doing the best you can (whether your bankruptcy petition just gets denied or it's approved and you don't adhere to its conditions) the prohibition ends and your creditors can start trying to collect money from you again. You might not be allowed to try declaring bankruptcy again for a period of time depending on how and why your bankruptcy ended so it's important to do it right the first time.

Also what kind. Chapter 7 is when they just sort out what assets exempt from what aren't and discharge everything dischargeable so long as you do the right thing. A trustee is appointed to distribute assets, try to maximize the value of the estate, and basically sort everything out. In a Chapter 13, you have an actual income (which Phil does), you've just managed your shit incredibly poorly, and to keep a Chapter 13, you have to present an at least plausible payment plan, and you don't just flat out get everything discharged. If you don't live up to that, the trustee can move to dismiss it, either kicking you out of bankruptcy court entirely (and then collection efforts can resume) or involuntarily converting it to Chapter 7 liquidation. Or even reinstating the 13 if you somehow get your shit together.

All I know is Phil needs a real bankruptcy lawyer who can deal with multijurisdictional litigation and not some clown who charges a nothing flat fee and then just files the most routine of paperwork. If he thinks a good lawyer is too expensive he should try a cheap one, though.

 

[Dandelion]

This guy is so ridiculous that the internet knows all about his public foreclosure but he's doing everything he can to avoid talking about it, even pretending it doesn't exist for his fans. And then he has this flaccid 2k weekly goal for "taxes," with almost no urgency or desperation.

When do you guys think he's actually going to be forced to talk about this?

 

[James Smith]

All I know is Phil needs a real bankruptcy lawyer

Uhm he has a tax "guy" so he's fine okay?

EDIT: but seriously yeah he does. I'm willing to bet when the state came calling with demands for money he bitched at his accountant in CT who told him to get an attorney. He probably needs someone in his life to do that now and I'm just hoping his dad does or something because I don't think there's anyone else who will, at least not that he'll listen to.

 

[tzgnilki]

This guy is so ridiculous that the internet knows all about his public foreclosure but he's doing everything he can to avoid talking about it, even pretending it doesn't exist for his fans. And then he has this flaccid 2k weekly goal for "taxes," with almost no urgency or desperation.

When do you guys think he's actually going to be forced to talk about this?

I can only assume he thinks he can't say anything cause it might effect the court case

I remember one of the last fundraisers where he was talking about not being able to give specifics, which was probably the beginning of this foreclosure shit, and makes sense why he would still be trying to keep it a secret

he also mentions the fundraiser not being for taxes

DsP--my life is on the line-|-$1800 mandatory for the end of the month-|-gameshare bugged mechanics

WARNING: disgusting content viewer discretion advised

www.youtube.com

 

[King Daddy Telomerase]

He talked about how the $1800 had to do with his debts, not the foreclosure stuff. As always, who knows with Phil's word so I'm not going to read into that much.

The only reason I can think of as to why Phil is poorly denying the foreclosure is happening now is he doesn't want people to know there's a court case in CT he needs to attend. That or Daddy paid the bill.

 

[James Smith]

When do you guys think he's actually going to be forced to talk about this?

I don't think he'll talk about it until they start taking his money and stuff to be honest. Maybe he'll talk about it on Christmas or his birthday though. It will probably have to be a special day of some kind.

 

[Sparkletor]

Apparently detractors made a new meme about me having a condo in Connecticut. Umm, no! I never had a condo in Connecticut and if you believe I did you are a moron. The best way to help me is through tips.

 

[instythot]

This guy is so ridiculous that the internet knows all about his public foreclosure but he's doing everything he can to avoid talking about it, even pretending it doesn't exist for his fans. And then he has this flaccid 2k weekly goal for "taxes," with almost no urgency or desperation.

When do you guys think he's actually going to be forced to talk about this?

If he has actually secured a representative, he will probably never speak of this for approximately seven years

 

[der rademacher]

When do you guys think he's actually going to be forced to talk about this?

Probably when he starts streaming one fine day and there are guys all around him moving his furnitures.

Then again, its Dave we are talking about, so he may waive even this off as a restructuring of his living room.

 

[Kosher Dill]

People are talking a lot about him filing for bankruptcy. Now, I don't know shit about US law, but how the fuck could a person earning 100k+ a year and owning a condo worth more than 300k successfully do that?

Bankruptcy can happen to far richer people than Phil.
Michael Jackson almost went bankrupt before his death, and died massively in debt.
No matter how much money you have, if you use that money to dig yourself into a hole you'll eventually go bankrupt.

 

[Prince Lotor]

@Prince Lotor can you copy that to the foreclosure thread? It's closely enough related.

Since alotta peepul were asking due to the 'Foreclosure Saga', 'Where did all Phil's YouTube money from before moving to Washington go?' and I was also curious, I went looking. I had heard it mentioned several times that before the YouTube money started rolling in Phil had been in quite a bit of debt. As you listen to Phil here a pattern seems to emerge.

Phil, in his own words, had been just racking up credit card debt his entire adult life. He got the receptionist gig at the helicopter parts warehouse at the end of 2006, and instead of paying off his credit card debt he made minimum payments, then bought the CT condo in 2009 for $130,000 while still having credit card debt. This video is from Thanksgiving 2012 and he is talking about how the YouTube money has allowed him to finally ALOMST pay off his credit card debt. Around this time he started leasing a BMW. In 2014 he bought the Wakando, paid for the entire move with credit cards, and began leasing a different BMW after returning the old one. Essentially with the downpayment on the Wakando as soon as he saved up any money he immediately sank it into saddling himself with a 2nd mortgage and racked up a shitton more credit card debt doing so.

If anyone knows anything more specific about how much his pre-YouTube debt was I'd be interested to hear.
I found this fairly illuminating. Big ups to https://PigPigGo.net for adding 'Start Date' and 'End Date' parameters to their search functionality. Timestamped at 5m06s

 

[PetrifiedTom]

To all concerned about his financial scrutiny...

Keep in mind he's a guy who since acquisition of brand new car didn't changed the oil for several years. That's the level of intellectually challenged person we are dealing with here. His best way to defend himself from any obligations is to file that he's mentally challenged and since birth can't be blamed for anything he did so far. He can go even further with that and make Kat his legal representative. That's the best he can do for his home budget, Kat and himself.... duh!

 

[gh0stzero]

He can go even further with that and make Kat his legal representative. That's the best he can do for his home budget, Kat and himself.... duh!

Kat as a lawyer? She would just shrug her shoulders and quietly say "I don't know" as she tries to read what the court reporter says about her. She could defend an innocent man all the way to death row.

 

[Molester Stallone]

Even if Phil waves his day in court and allows a judgement to be placed against him, it doesn't really mean anything. If I'm not mistaken, 80% of all judgements go unpaid. Kind of shocking really, it's been awhile since I've read up on civil law.

 

[Thumb Butler]

Kat as a lawyer?

No, it means that Phil needs a legal tard wrangler. He's not able to deal with his legal issues himself.