I've been doing some reading on Ch 13 bankruptcy (which if I had to guess is what he'd go for) and there's some interesting tidbits. Like others have said he just needs to have <$400Kish unsecured debt to qualify which I think he does.
Firstly it says that he must collect income/debts/creditors/expenses info from his spouse even if he is filing solo. I bet Kat is thrilled with that. After filing there is a meeting with everyone and the debtor (Phil) MUST attend it and answer questions to his creditors under oath. I am already giggling thinking about the kind of shit he would say (I NEEDED that gin, nothing I could do! What do you mean mobile games isn't a business expense, its my JOB dude!) plus the fact that I could see him lying under oath tbh. Finally it basically says all disposable income he gets needs to be paid to the trustee and he gets the bare minimum to live on.
In chapter 13, "disposable income" is income (other than child support payments received by the debtor) less amounts reasonably necessary for the maintenance or support of the debtor or dependents and less charitable contributions up to 15% of the debtor's gross income. If the debtor operates a business, the definition of disposable income excludes those amounts which are necessary for ordinary operating expenses. 11 U.S.C. § 1325(b)(2)(A) and (B).
Obviously this means no more eating out (say hi to mashed potatoes for 5 years Phil!), no more mall shopping, no more gin, no more mobile games, no more impulse buys, otherwise the plan gets cancelled and he either goes to Ch 7 or the creditors just go directly after him. Personally I don't think he would last, and I think we would definitely see the effects of all this on his psyche during his streams. I also find it mind blowing that he made a comment something like "after a few months I would be back on track" or whatever (think it was earlier in this thread somewhere), it seems like he gets the bare minimum until he pays off his plan which can be up to 5 years.
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