[16-Jan-2020] DarksydePhil is filing for bankruptcy (general thread) - and has officially done so on January 31 2020, meaning a lot of his finances have become public

What will happen with his case following the 341 meeting?

  • Still gets Chapter 7

    Votes: 126 18.1%
  • Changed to Chapter 13 and ultimately fails to make his required payments

    Votes: 218 31.3%
  • Chapter 13 and successfully completed all payments

    Votes: 19 2.7%
  • Complete dismissal of the bankruptcy

    Votes: 334 47.9%

  • Total voters
    697
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Wouldn't this practically assure a forced sale of the WA condo under a chapter 7 if this lien holder doesn't feel like "reaffirming" shit?
You don't reaffirm a lien, it's just there. It's not a loan. Once the bankruptcy is over it's still there, Midfirst Bank asks the court to order the sale of his WA condo, and the court is obligate to oblige.
 
You don't reaffirm a lien, it's just there. It's not a loan. Once the bankruptcy is over it's still there, Midfirst Bank asks the court to order the sale of his WA condo, and the court is obligate to oblige.
I hadn't really through through how liens work so I borrowed the same language from the mortgage to indicate perhaps a lien holder willing to allow regular payments. Thinking about it now, thats obviously not how it works. The whole point of a lien is to get payment in full and forced sale is one of the ways that can happen. Shit like that happens with unpaid HOA fines and the like.

Are you saying if the stay got lifted and a lien was placed against the WA condo it wouldn't be covered by this bankruptcy process and the lien would kick in after the process is done? Is this true even if DSP moves to convert to a 13? Basically does a lien mean the WA condo gets sold no matter what?
 
I hadn't really through through how liens work so I borrowed the same language from the mortgage to indicate perhaps a lien holder willing to allow regular payments. Thinking about it now, thats obviously not how it works. The whole point of a lien is to get payment in full and forced sale is one of the ways that can happen. Shit like that happens with unpaid HOA fines and the like.

Are you saying if the stay got lifted and a lien was placed against the WA condo it wouldn't be covered by this bankruptcy process and the lien would kick in after the process is done? Is this true even if DSP moves to convert to a 13? Basically does a lien mean the WA condo gets sold no matter what?
They would allow payments to satisfy the lien/judgement if his home was safe from forced sale. Phil is sitting on quite a bit of equity though. So they order him to sell, his mortgage gets paid, the secured judgment lien gets satisfied, and everyone else gets in line. Phil can’t be trusted to pay installments, so Midfirst wants cash now!
 
I just had a dark premonition of the future.

Phil is going to get out of this via the Coronavirus shit, there's going to be some wide ranging debt relief program and its going to save his bacon.

Oh my fucking god, you can't kill the pigroach.
Coronavirus will alter life radically, no doubt. If we get to the point you describe, it’s not a stretch to imagine the nationalization of many industries and some form of required public service. I don’t think Phil will be allowed to sit at home in his gout palace and play video games all day in that future. He’ll probably be put to work in the ventilator factory or as a nurse aide in the tent city hospital on the outskirts of Seattle.
 
I really wish Sons of Kojima was still around. They'd have a field day with this. Despite their faults/what happened, they were fun to listen to.

I still think DSP will be fine. People like him always are.
Honestly I prefer the current trend of faceless detractors like Snort Burnell that allow me to pretend the detractors are slightly less autisitc than the pigroach himself. Makes it a lot easier to sleep at night. Also why I can't watch Tevin's restreams honestly.
 
If they foreclose can they slap a lien on the WAkondo?

Imagine Phil gloating about getting his bankruptcy granted with an extra ~$50k slapped into his debts instantly.

Plus whatever he's spending on gacha the dumbfuck. Even if he's 'being responsible' and only using tip money he's actually recieved instead of a cc, he's throwing thousands in the trash as we speak.
 
If they foreclose can they slap a lien on the WAkondo?
If the judge signs the proposed order they'll be able to. I don't know if the judge would issue an alternative order that would limit the type of collection efforts or not, but I doubt it.
Imagine Phil gloating about getting his bankruptcy granted with an extra ~$50k slapped into his debts instantly.
Keep in mind this debt is already there. The foreclosure will just pay some of it off and convert the rest from unsecured to secured debt.
 
If they foreclose can they slap a lien on the WAkondo?

Imagine Phil gloating about getting his bankruptcy granted with an extra ~$50k slapped into his debts instantly.

Plus whatever he's spending on gacha the dumbfuck. Even if he's 'being responsible' and only using tip money he's actually recieved instead of a cc, he's throwing thousands in the trash as we speak.

he'll probably ask for a payment plan
 
Would that even be allowed, considering Phil has been established at being terrible with money and payment plans? I would imagine he'd be forced to pay everything upfront.

"Hey guys I know I haven't made my scheduled payments in over a year but could you put me on another payment plan now that you had to go through the courts to foreclose on me?"
 
I just had a dark premonition of the future.

Phil is going to get out of this via the Coronavirus shit, there's going to be some wide ranging debt relief program and its going to save his bacon.

Oh my fucking god, you can't kill the pigroach.
I had this exact same thought. You know how they're currently rattling on about America's small businesses being most affected? Well obviously video taping yourself suck at video games counts as a small business, obviously employs dozens of hardworking Americans, and obviously needs a cash injection.

You can't kill the pigroach. This virus was made to bail out DSP! He's not living in our clown world, we're all living in his!
 
I had this exact same thought. You know how they're currently rattling on about America's small businesses being most affected? Well obviously video taping yourself suck at video games counts as a small business, obviously employs dozens of hardworking Americans, and obviously needs a cash injection.

You can't kill the pigroach. This virus was made to bail out DSP! He's not living in our clown world, we're all living in his!

Good think Phil never established an LLC so he's applying for bankruptcy under his own name and not as a business.
 
He won't get a payment plan with the lien. That's not how a lien works. A lien just gives them permission to start taking his shit and selling it, asking payment processors to redirect money to them, garnish wages if he had any, etc.

Is it possible to garnish directly from Twitch or Youtube?
 
I thought a lien meant that if someone sold, say, a house, then whoever has the lien would get the money.
 
Is it possible to garnish directly from Twitch or Youtube?
Sure, you literally just say to Twitch on the 10th or so of the month "Hey any money you're holding for Phil Burnell, SSN XXX-XXX-XXXX, redirect to us as part of this court ordered judgement." Same thing for YouTube on like the 15th or so.
 
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