Schrödinger's Kat
kiwifarms.net
- Joined
- Feb 2, 2020
Prior to this 341 meeting, I was leaning towards conversion of the bankruptcy to Chapter 13. Now, after hearing the testimony, I'm heavily leaning towards outright dismissal.
Phil was only able to answer yes or no questions and questions regarding his finances we're largely dodged. How much he makes per month is not clear. How much he spends per month is not clear. The value of his assets is not clear. His business expenses are not just questionable but downright bogus. The filing itself was confusing as hell and Phil somehow managed to make it even more confusing during the questioning.
What does Nancy have to work with? If she can't get concrete evidence that he does or does not qualify for Chapter 7, what his business assets are and what are personal, what choice does she have other than dismissal? She has to prove he makes enough to qualify for Chapter 13 before even filing the motion to do so, which contradicts his filing.
On top of that, I'm starting to think that he cleaned out the PayPal using this instant transfer to right before filing just to show a zero balance on the filing date. It may not have appeared yet on his debit card statement if he even provided it. He could have potentially hidden thousands of dollars by timing it just right, or even providing a statement that was just exported minutes before the transfer. That's probably why she brought up this suspicious transfer to begin with.
Phil was only able to answer yes or no questions and questions regarding his finances we're largely dodged. How much he makes per month is not clear. How much he spends per month is not clear. The value of his assets is not clear. His business expenses are not just questionable but downright bogus. The filing itself was confusing as hell and Phil somehow managed to make it even more confusing during the questioning.
What does Nancy have to work with? If she can't get concrete evidence that he does or does not qualify for Chapter 7, what his business assets are and what are personal, what choice does she have other than dismissal? She has to prove he makes enough to qualify for Chapter 13 before even filing the motion to do so, which contradicts his filing.
On top of that, I'm starting to think that he cleaned out the PayPal using this instant transfer to right before filing just to show a zero balance on the filing date. It may not have appeared yet on his debit card statement if he even provided it. He could have potentially hidden thousands of dollars by timing it just right, or even providing a statement that was just exported minutes before the transfer. That's probably why she brought up this suspicious transfer to begin with.