[26-Mar-2020] Philip's 341 Creditor Meeting - When what should be 5 minutes becomes an eternity.

[Prince Lotor]

Prices on amazon and ebay means just as much as whatever price tag he puts on it since anyone can go there and put shit up.

But he was still lying anyway. There is no way he would sell anything at any less cost than what he paid for and if you add up all of his shit at the original MSRP it would far exceed $1500.

It's a marketplace where you can determine the average value of used goods in similar condition, so that you don't invent what you think someone who would try to haggle you down from a quarter pricetag on a 40ct of mismatched tupperware in your front yard would pay and pretend that's the True & Authentic value of your personal property on your official bankruptcy filing.

Bankruptcy's Replacement Value Standard

When valuing your personal property in a bankruptcy, determine the replacement value of the asset. Replacement is the cost of replacing an asset with an item similar in age and condition. It's what a retail merchant would sell a like item for after taking into account it's shape and age.

How to Value Personal Property on Your Bankruptcy Petition

Here are the basic methods for figuring out the value of your property in bankruptcy.

www.alllaw.com

 

[Schrödinger's Kat]

Outside of his consoles, he listed his (one) computer is for business and cellphone is for business. It's silly to think that he does nothing else with those items, and I doubt he answer his cellphone with "Burnell Productions, how may I help you sir or ma'am?" So how much double-duty do items get to perform until the business/personal line turns blurry or is too much? Or is it like his utilities, just a fraction of them can be discounted?

I think Phil is trying to protect all of his assets by claiming everything is business-related. It doesn't really work that way. There are limits on what he can protect.

Also, he claimed to only have 1 PC, but he actually has 2. One is for encoding and uploading his stream, and the other is for monitoring his wheelchairs and tips.

Servers and bartenders are required to tax them legally, but no one does that and governments don't care about such small fry.

The government cares, they just can't enforce it since there is no evidence of cash tips. Phil has PayPal transaction history which can easily be audited by the IRS, so they most certainly can enforce him paying taxes on those tips.

I'm not going to criticize Rochelle for supporting her client; it's what she accepted money for and it is how the system works. I am, however, puzzled about her signing the initial filing.

If the last 6 months of PayPal transactions show a smoking gun of lies and fraud, Rochelle admitted on the record that she "already had them" so she can't claim that she had no idea what his financials looked like prior to filing. This seemed like a big mistake on her part.

Also, if that PayPal history showed Phil telling the truth on his filing, she would have sent it originally to further strengthen their case. So it is almost certain that this is all bad news for Phil.

 

[PetrifiedTom]

It's funny though that after Business Studies it never crossed his mind that "tips" will be considered as income. Especially when they generate substantial amount of income. I can even picture Phil talking with some boomer tax advisor about tipping but never explaining how much income does they generates or how this business work.

Oh, and the PayPal explanation was brilliant. For a moment I had this feeling that even Phil doesn't comprehend what PayPal exactly is but it doesn't stop him from trying.

 

[Iron Hamster]

How can Phil claim to own a sole proprietorship (Burnell Productions) But can’t produce an EIN nor has a business bank account that he should be using as a funnel for any profit that he generates?

The fact that his “tax attorney” failed to instruct him of something that simple demonstrates that he’s probably using H&R Block or some other corporation that inputs your tax information through TurboTax or some shit.

Just based on his inability to separate his personal expenses from his business expenses should be grounds for dismissal for his bankruptcy.

If he’s not willing to be honest about his initial filing, what makes anyone think he’d be honest in trying to get out of the financial mess he’s created for himself?

Sole proprietor uses SS number as EIN.

DarksydePhil 341 Meeting 03/26/20 Twitch Rip.

Meeting with DarksydePhil on 03/26/20 regarding 341 Meeting for Chapter 7 Bankruptcy. Recording ripped from: https://www.twitch.tv/fatbalddracula

youtu.be

Paypal is not a ‘currency system’ my god he is just so incredibly stupid

lol. Yeah. He makes it seem like Paypal is some secret new thing he discovered and no one else knows what it is.

 

[DiabeticSP]

She didn't even mention shit like his actual equipment and laptop. I assume because most of those are probably safe 'business' assets.

If Phil had fessed up to streaming video games, he'd have at least made a better impression about why he owns so many 'toys' as Nancy clearly views them. I dont think Phil ever actually said he plays video games on stream, just that me makes 'on demand video content'.

Phil's meeting was like going into an open book exam without the book. She's asking basic fucking questions and he doesn't know? Everyone else in their meetings had exact info. Here's the value of my yacht. Here's what I pay in trailer fees. Yes the value includes the attached club membership. My house is listed at X but I had an appraiser tell me it was worth X-Y. Due to corona my investments fell through and I can't afford my house now.

Phil meanwhile 'uuuuuuuh, maaaybe April?'

She literally had to call his ass out about how much he makes off YouTube when he lowballed it. And he didn't take the warning.


Also, Phil 'should' have an EIN, since the IRS retroactively created him a business when he got nailed on taxes. But I believe you can technically use your SSN for W-9 purposes.

Phil doesn't file as a business though so the point is sorta moot. He files as a person. His business is lumped into that. He's now trying to hide expenses as business while declaring personal bankruptcy.

 

[cold55]

Are tips exempt in Washington State

Gratuities (tips) | Washington Department of Revenue

dor.wa.gov

 

[actually]

Are tips exempt in Washington State

Gratuities (tips) | Washington Department of Revenue

dor.wa.gov

This will be an interesting question since he gives lip service to the whole "tips are voluntary" thing, but he also directs his viewers to tip him because he can get that money right away and has, on multiple occasions, said that if he doesn't get the money he wants, he won't be able to keep going. Sorta removes the "voluntary" part there.

 

[Sir Wesley Tailpipe]

Are tips exempt in Washington State

Gratuities (tips) | Washington Department of Revenue

dor.wa.gov

Is this going to become the next “Are traps gay?”

 

[FamicomGorby]

This will be an interesting question since he gives lip service to the whole "tips are voluntary" thing, but he also directs his viewers to tip him because he can get that money right away and has, on multiple occasions, said that if he doesn't get the money he wants, he won't be able to keep going. Sorta removes the "voluntary" part there.

It was weird Phil was stressing the whole "people give me money voluntarily" part. As opposed to all those businesses where people are forced to give them money. All he had to say was people give him money for broadcasting himself playing video games, but instead he "provides live and on demand video services". Which isn't even really an accurate description since that sounds more like he runs a website like youtube, instead of just making youtube videos.

 

[FapCupFanta]

How long has Rochelle operated as an attorney? Trying to determine if a lack of experience got her tangled up in this shitshow.

 

[lavrentiyberia]

This will be an interesting question since he gives lip service to the whole "tips are voluntary" thing, but he also directs his viewers to tip him because he can get that money right away and has, on multiple occasions, said that if he doesn't get the money he wants, he won't be able to keep going. Sorta removes the "voluntary" part there.

In my mind the ‘tips’ collected by Burnell Productions are not ‘gratuities’ according to WA's definition because of this

When gratuities are added to the check, bill, receipt, etc., by the business, the business has the burden to prove that the gratuity is clearly voluntary.

That is, when the customers of Burnell Productions give tips, are they getting anything in return? Obviously yes: the vest.

 

[FamicomGorby]

In my mind the ‘tips’ collected by Burnell Productions are not ‘gratuities’ according to WA's definition because of this That is, when the customers of Burnell Productions give tips, are they getting anything in return? Obviously yes: the vest.

I think the fact that he has a tip goal every damn stream plays into that as well, which clearly shows that he expects his audience to give him $200 a day minimum.

 

[lavrentiyberia]

How long has Rochelle operated as an attorney? Trying to determine if a lack of experience got her tangled up in this shitshow.

She has a 20-year legacy.

 

[King Daddy Telomerase]

She has a 20-year legacy.

I'd love a Rochelle interview when all this is done. What she was thinking during this. Has she ever had a case like this in 20 years.

Again, I think it's understated how unique this hearing was. They can't be spending 40 minutes on anyone for these.

 

[Trigger Me Timbers]

This will be an interesting question since he gives lip service to the whole "tips are voluntary" thing, but he also directs his viewers to tip him because he can get that money right away and has, on multiple occasions, said that if he doesn't get the money he wants, he won't be able to keep going. Sorta removes the "voluntary" part there.

Gonna assume tips are tax free only because he sounds like he was coached by his lawyer to press on the tips angle.

also still no proof that @nohandsboi bought the debt?

 

[Iron Hamster]

You have to report enough not to attract attention. If you claim to be a waiter who makes no tips they're going to nail your ass. They can do what is called "imputing income" and just slap you with huge fines and penalties and then throw you in prison if you don't pay. If Phil is doing that he's going to get caught and he's going to get fucked hard.

You just know he's going to say waiters/bartenders never claim them and may go so far as to throw someone he knows under the bus.

I've had the chance to catch up and....this is extra large yikes with a side of wow. I listened to bits and pieces of the recording and once again just wow; to hear someone bungle and sperg their way through something like this made me laugh out loud. What also made me laugh is the fact this idiot thinks he won. Got back to "playing video games and having fun" like nothing happened. This alone showed me has shortsighted, ridiculous and unrealistic this mofo is.

Now I don't know how PayPal works(cuz I don't really have one) but if it works and reads like a bank account(the ability to look at past transactions, deposits, balance transfers, etc, etc) than Phil with the weird shaped head is done. All his nonsense, scams, tips and phantom "donations" will all be there and we will all bear witness to the financial equivalent to prison rape...

You get a statement just like a credit card.

 

[AnOminous]

This will be an interesting question since he gives lip service to the whole "tips are voluntary" thing, but he also directs his viewers to tip him because he can get that money right away and has, on multiple occasions, said that if he doesn't get the money he wants, he won't be able to keep going. Sorta removes the "voluntary" part there.

Which makes it not a surprise gift that happens from time to time, but part of his income, and part of his income that he fully expects. His representations to the contrary are borderline perjury, although most of what he said is, at least what he said that wasn't just pure stupidity.

I'd love a Rochelle interview when all this is done.

She obviously can't do that.

 

[actually]

Gonna assume tips are tax free only because he sounds like he was coached by his lawyer to press on the tips angle.

also still no proof that @nohandsboi bought the debt?

Not yet, but they also hadn't been on here since a couple of days ago

 

[AnOminous]

Not yet, but they also hadn't been on here since a couple of days ago

If they're wise they'll abandon the account and cover their tracks. Unless they actually represent Citibank that shit was probably seriously illegal.

 

[Schrödinger's Kat]

In my mind the ‘tips’ collected by Burnell Productions are not ‘gratuities’ according to WA's definition because of this

I think the fact that he has a tip goal every damn stream plays into that as well, which clearly shows that he expects his audience to give him $200 a day minimum.

The only thing that matters is that Phil makes money on them via a business and they are considered income. He pays taxes on them because he is a for-profit business. His bullshit semantics don't change any of that. Which is why his whole sperg was just over the top exceptional and only gave Nancy motivation to figure out why he went off on such a bizarre tangent during the meeting.