[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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I've looked at the 14-15 files but didn't find an answer, does phil have to be present on that April 10 hearing?

It would be be automatically decided in MidFirst's favor if he/his attorney did not show. Even if he (well, Rochelle female Lionel Hutz) does file a motion in opposition that doesn't let him get out of attending a hearing in-person for questioning by the opposing party. Filings only establish what is in dispute in a case and what the plaintiff wants, they are not a substitute for a formal hearing.

With that being said, I'm not sure there is any point to him contesting the motion or attending the hearing. If Rackets' mini-stream is accurate the only thing MidFirst has to prove is that surrendering the property would not pay the mortgage in full. If they can do that, the judge has no choice but to grant their request (as in, no exception for hardship or extenuating circumstances).

EDIT: @AnOminous or @SoapQueen1 or other legal autists on this subforum, it's been speculated that the CT khando mortgage was through HUD/FHA. How does Trump's order to halt foreclosures on FHA backed properties interact here? Would the bank get the deficiency judgment (or lien if they go that route) but be unable to enforce it until the order is lifted?
 
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According to LightSydePhil on Twitter:

•YouTube
•Twitch
•Patreon
•Tips
•June 1st -Retrospective Steam
•August 4th -Jasper Reveal
•August 29th -Rage-a-thon
•September 29th -Retrospective Stream
•October 24th-31st, Halloween week begathon for $1800

Plus any other behind the scenes donations he 100% got
AKA, the good shit.
 
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Another dumb question for our resident experts. How will we know, ahead of the actual hearing, if Rochelle has been retained by Phil for the hearing? Obviously, there would be clues if another begathon comes up, but will any additional filing be required to inform the court that she will continue to appear and represent him?
 
Another dumb question for our resident experts. How will we know, ahead of the actual hearing, if Rochelle has been retained by Phil for the hearing? Obviously, there would be clues if another begathon comes up, but will any additional filing be required to inform the court that she will continue to appear and represent him?


She does not have to inform the bankruptcy court about other services she provides to Phil unless she bills it against the original $1,200 fee. Considering her ineptitude and the lack of good counterarguments I'd be shocked if she did not charge a separate fee to cover this new hearing.

From her statement on the original BK application:

Bankruptcy lolyer's affidavit said:
In return for the above-disclosed fee, I have agreed to render legal service for all aspects of the bankruptcy case, including:
Negotiations with secured creditors to reduce to market value; exemption planning; preparation and filing of
reaffirmation agreements and applications as needed; preparation and filing of motions pursuant to 11 USC
522(f)(2)(A) for avoidance of liens on household goods.

Bankruptcy lolyer's affidavit said:
By agreement with the debtor(s), the above-disclosed fee [referring to the $1,200] does not include the following service:
Representation of the debtors in any dischargeability actions, judicial lien avoidances, relief from stay actions or
any other adversary proceeding

Notice the words "avoidance of liens on household goods" (emphasis mine) in the discussion of what her fee covers; as a layperson I can't help but think she was trying to explicitly get out of any sort of lien actions against the khandos.
 
It would be be automatically decided in MidFirst's favor if he/his attorney did not show. Even if he (well, Rochelle female Lionel Hutz) does file a motion in opposition that doesn't let him get out of attending a hearing in-person for questioning by the opposing party. Filings only establish what is in dispute in a case and what the plaintiff wants, they are not a substitute for a formal hearing.

With that being said, I'm not sure there is any point to him contesting the motion or attending the hearing. If Rackets' mini-stream is accurate the only thing MidFirst has to prove is that surrendering the property would not pay the mortgage in full. If they can do that, the judge has no choice but to grant their request (as in, no exception for hardship or extenuating circumstances).

EDIT: @AnOminous or @SoapQueen1 or other legal autists on this subforum, it's been speculated that the CT khando mortgage was through HUD/FHA. How does Trump's order to halt foreclosures on FHA backed properties interact here? Would the bank get the deficiency judgment (or lien if they go that route) but be unable to enforce it until the order is lifted?


Can be the meeting be conducted by phone?
 
She does not have to inform the bankruptcy court about other services she provides to Phil unless she bills it against the original $1,200 fee. Considering her ineptitude and the lack of good counterarguments I'd be shocked if she did not charge a separate fee to cover this new hearing.

From her statement on the original BK application:





Notice the words "avoidance of liens on household goods" (emphasis mine) in the discussion of what her fee covers; as a layperson I can't help but think she was trying to explicitly get out of any sort of lien actions against the khandos.

Right. The original agreement doesn't cover any adversarial proceedings, so assuming Phil retains her for the April 10th hearing, will some sort of filing be required to let the court and MidFirst's lawyer know she's his representation?
 
Right. The original agreement doesn't cover any adversarial proceedings, so assuming Phil retains her for the April 10th hearing, will some sort of filing be required to let the court and MidFirst's lawyer know she's his representation?
It’s usually only required for a change in representation, not for keeping the lawyer you have.
 
Right. The original agreement doesn't cover any adversarial proceedings, so assuming Phil retains her for the April 10th hearing, will some sort of filing be required to let the court and MidFirst's lawyer know she's his representation?

Nothing ahead of time, no. Unless/until we get an opposing motion or the hearing itself happens the court doesn't know or care who is representing Phil in this case.

Way to ninja me @Sir Wesley Tailpipe
 
I will say that his handwriting reminds me of how girls in high school used to write with the big loopy letters and shit.
Late, but this was/is why I'm hesitant to believe it was Phil who wrote those words. I would have never believed a guy wrote that, especially one born after the age of making everyone in class write perfect cursive.
 
didn't @actually work out his taxes, which seemed to indicate his tips were being taxed?

I always wondered where he got the "gratuitous plugs" meme from

@SoapQueen1 did the taxes. I follow the income. Unless he's getting $4-5k regularly from somewhere else, he included his tips in the monthly income and expenses filing he submitted. No idea about the taxes, but he would be dumb as shit to try and pretend that $50-60k from those tips isn't taxable.
 
@SoapQueen1 did the taxes. I follow the income. Unless he's getting $4-5k regularly from somewhere else, he included his tips in the monthly income and expenses filing he submitted. No idea about the taxes, but he would be dumb as shit to try and pretend that $50-60k from those tips isn't taxable.
Which is why I think his whole tangent about tips was a kind of fugue-state, an unconscious sub-rational reenactment of an argument he's had with himself for years, rather than a pathetic attempt at avoiding tax scrutiny
 
Which is why I think his whole tangent about tips was a kind of fugue-state, an unconscious sub-rational reenactment of an argument he's had with himself for years, rather than a pathetic attempt at avoiding tax scrutiny
Dsp knows tips are taxable and that was the point of his waiter analogy. He's used it before to explain why stream contributions aren't donation. So yeah he's not trying to hide that tips are taxable income. The entire tangent was just Phil's ego legitimizing the fact that his job consist of him playing video games in his pajamas while retards and trolls throw dollars at him.
 
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