[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

[actually]

But people are getting ahead of themselves if they think the motion for relief in itself means they could put a lien on the WAkhando for example. The court would still have to actually dismiss Phil's case for that to happen.

This is what I (and probably others) were confused on. I had thought the relief from stay allowed MidFirst to sell the CT condo and file their deficiency judgement once they sold, even while the bankruptcy was ongoing.

 

[Phalanx]

@actually yes you are correct on the ToCs declaration on the signing she only needs to represent Phil in the initial filing additional appearances are NOT covered. Basically she is covered for the paperwork filing and the 341 and that is it. She is not financially/legally covered for other appearances e.g. The mid first meeting on the 10th.

So from what I am reading because the midfirst stuff is confusing I am not hot on foreclosure. Midfirst are filing a motion for it to not be included in the bankruptcy aka wiped and are challenging his Chapter 7 by the looks of it.

Honestly after doing some reading I think this is going to result in fraud. I believe that he has fiddled the numbers for years and the Trustee is going to file a motion in bankruptcy fraud on the grounds of paperwork, concealment of assets but then pin him with irregularities in his financials. One thing I read is that as the trustee Nancy if suspects fraud can file a notion for a 2004 examination;

I believe it falls in line with this, yes as this case is still in the discovery phase these elements are going to be met.

Now 1 and 2 are check, Nancy has this and from what I gather in case of fraud the trustee Nancy still gets a cut and garnishing. Now there was one line of dialogue in the 341 that I believe will UTTERLY FUCK Phil in the eyes of the Trustee because it can slide him into section 4.

Remember CityBank guy "I don't know what you mean, we can talk behind the scenes." I am glad Richada noticed this straight away because a) he was under oath and b) if in a meeting a client said me this when asking a direct question regarding tech etc I would drag them because you are not going to do that shit to me.

As we know in this lawyers are the most anally retentive people alive, people go on about programmers and that but Lawyers and good historians are masters at noticing the most weird ovations and when argued they will lead to a conclusion.

TLDR - Nancy is going to notion 2004 examination and change it to fraud in line with 1 and 2 of fraud.

Also Phil is utterly FUCKED this is not how he wanted this to turn out.

 

[Dumpster dived waifu]

Also Phil is utterly FUCKED this is not how he wanted this to turn out.

Once again, Phil has proven that nobody causes him more financial damage than his own stupid actions .

 

[AnOminous]

This is what I (and probably others) were confused on. I had thought the relief from stay allowed MidFirst to sell the CT condo and file their deficiency judgement once they sold, even while the bankruptcy was ongoing.

It does. It allows all state court proceedings in Connecticut to go forward, including the auction and sale and obtaining a deficiency judgment. I'm not sure what they can do with the judgment once they get it, though. If they can obtain a lien, there are still ways of getting rid of a lien in bankruptcy, such as a lien avoidance.

Lien avoidance is mentioned in two parts of the original bankruptcy filing. First, in the list of things that are covered in Phil's representation:

But then, more importantly, in the list of things that aren't:

So if Midfirst first, gets the Connecticut court to foreclose, then there's a sale at auction, and the sale at auction is short, and Midfirst files for a deficiency judgment, an action on the underlying note, and that's granted, and they're able to get a lien on the WAkondo, then DSP has a lot more footwork to do to dodge that, and a lot more that he has no counsel representing him on.

It's a lot of contingencies in a situation where both Connecticut and Washington are facing serious pandemic-related issues already.

That said, Midfirst is going ahead with it and they wouldn't be bothering if they didn't see a chance of a payoff for going through all this. That or his shit-talking of them and taunting them about how they weren't getting any more money from him actually pissed them off. Or possibly, both. Nobody likes a pigroach.

 

[Iron Hamster]

I really don't think they're buying Phil's "the cat eats $5,000 a month of business expenses" bullshit.

Don't forget he has to claim he has a cat first to which he said 'no'.

 

[Beetus Knuckles]

Phil’s Chapter 7 bankruptcy boat had so many holes that there was no way it was going to float. Higher income. Quite a bit of equity in WAKhando. Probably over the exempt amount of assets. He really screwed himself with that bogus filing, especially the initial omission of his PayPal accounts. I really think Nancy believes he’s got money hid somewhere. She will trace every cent that’s came into his Paypal accounts. Probably his best hope now is a Chapter 13. I honestly thought he might pigroach his way out of this. I can’t believe Dave might finally be getting his comeuppance.

 

[Nigel of Ukip]

I have a question, if someone can help me out.

If Phil really does get his shit sold, and they can go for his electronics, can they also take whatever Katherine owns?
Further, if some whale decides to re-buy him a console / device, would the court keep paying attention and take it?

 

[AnOminous]

I have a question, if someone can help me out.

If Phil really does get his shit sold, and they can go for his electronics, can they also take whatever Katherine owns?
Further, if some whale decides to re-buy him a console / device, would the court keep paying attention and take it?

All the community property is part of the bankruptcy estate. Exactly what that is is up to Washington law. Washington doesn't have tenancy by the entirety, i.e. all property is owned equally by both spouses, but anything else is up for debate. Anything obtained jointly during the marriage is community property. Gifts to just one spouse, or inheritances, are usually separate. Just like property, debt can be either community or separate.

What all this is for this case really depends on their living and financial arrangements since the marriage. She'd probably be better off divorcing him to end up responsible for less of his crippling debt.

 

[Kosher Dill]

Further, if some whale decides to re-buy him a console / device, would the court keep paying attention and take it?

Nobody involved in this wants Phil to lose his consoles. They want him streaming to pay off his debt.

 

[AnOminous]

Nobody involved in this wants Phil to lose his consoles. They want him streaming to pay off his debt.

Angry streams where he's cursing his paypigs and demanding more money because the monthly Chapter 13 payment is due and duh tractors have had him kicked off Twitch or whatever, and he's wearing the black begging shirt and rocking back and forth in an autistic frenzy.

 

[Phalanx]

I somewhat can sympathise with Kat to an extent, I think Phil lied largely about how far in the hole he was and he probably conceals his earnings from her. A spouse/partner should at least know this, its common sense. I cannot sympathise with her though because she did not strike gold. If Subaru man was anything to go for its all she wanted and she got it to an extent.

I think she filed divorce already but if not its coming and its coming fast, anyone would be an idiot to stick around in this instance because their reputation socially e.g. is fucked.

So if the April 10th meeting suspects concealment of assets the creditors can request a 2004 with the trustee but with the trustee already seemingly filing a 2004 and the fact the trustee can allow the CT case to proceed outside of the bankruptcy case.

The 2004 is going to break him, this will be the thing that becomes the linchpin. IF in investigation they work out his assets greatly override the initial filing which they do, the trustee AND Midfirst will pin him for bankruptcy fraud. People don't realise how serious this actually is legally because they think oh I fucked up on paper work. All the court (the trustee will become prosecutor in this case) need to prove is;
a) can the INTENT of concealment of assets be proven - One thing a user posted before which I had not seen discussed is him siphoning it to Kat's account which if true she will then have to claim to have no knowledge. (the prosecutor can ACTUALLY use the Subaru guy to character assassinate her, I am not joking.) To assassinate someones credibility is one of the easiest routes and to an outsider she does appear to be a gold digger.
b) unfit filing of paperwork obviously
c) undisclosed assets this is different to a because a is in the presence of filing but c is in cross-examination, this is where the 2004 examination will come in as then the Trustee or Midfirst in either cases can issue a subpoena of finances via his banking.

Apologies for the length of post, this entire thing went from oh slap on the wrist to the trustee are probably lining up for suspicion of bankruptcy fraud. Additionally I would need help but if this does go forward the protection granted from the filing is lifted meaning his creditors can pursue him and because pacer they will notice it and surround essentially.

 

[AnOminous]

Apologies for the length of post, this entire thing went from oh slap on the wrist to the trustee are probably lining up for suspicion of bankruptcy fraud. Additionally I would need help but if this does go forward the protection granted from the filing is lifted meaning his creditors can pursue him and because pacer they will notice it and surround essentially.

He might not be hiding any assets, or any significant assets anyway. He might only get caught on really trivial fraud that they can fix just by liquidating whatever he failed to disclose.

His real problem is he's concealing his actual income and where it's going, and he could be spending $5,000 minus whatever legitimate "business expenses" he actually has to pay his debts. He can't be bankrupt and just spend all his money on naked sweaty jpeg dudes every month. They can dismiss his bankruptcy and just tell him to pay his debts. Or give him the option of converting to Chapter 13 instead and, again, pay his debts, or at least some/most of them.

 

[Stationary aszs]

If Nancy orders a home appraisal, will that show up on PACER?

Here’s hoping it would. To be quite frank if I was in her shoes and I saw someone submit a home valuation using Zillow, and everything else looked fucky, the first thing I would do is use Zillow to see if they were telling the truth. It takes less than a minute

 

[Nigel of Ukip]

Nobody involved in this wants Phil to lose his consoles. They want him streaming to pay off his debt.

To be fair he only needs the one Playstation 4, Switch and Xbox One. He really doesn't need more of each.
Because let's face it, Katherine plays his games, uses his consoles or even plays the same game at a different time.
I really just want Phil and Katherine to feel the full effect of a bankruptcy, just like anyone else.

 

[Balr0g]

Nobody involved in this wants Phil to lose his consoles. They want him streaming to pay off his debt.

Nick Rekieta said "DSP's conmsoles are woth more then their current market value since they are DSP's belongings" I bet, some trolls would defintely buy them for a higher price just so they can show them off. And I think that he would probabaly at leat keep his PS4 PRO so he can still work his debts off. From what I have seen he mostly plays PS4 so this one console should be safe.

And holy shit, the 4 Points of possible fraud. IMHO DSP checked 3 out of 4 boxes. He did everything correct indeed for attempted fraud.

 

[MarilynMonster]

Nick Rekieta said "DSP's conmsoles are woth more then their current market value since they are DSP's belongings" I bet, some trolls would defintely buy them for a higher price just so they can show them off. And I think that he would probabaly at leat keep his PS4 PRO so he can still work his debts off. From what I have seen he mostly plays PS4 so this one console should be safe.

I was just thinking about this while watching a restream. Just think about the vest, Nancy could probably auction that vest off for a grand at least. I mean people are willing to pay $100 just to see it, what would they pay to own it? Nancy needs to realize she needs auction off all of his shit. How much would a detractor or paypig pay to have dave's ps4 or switch, or that fucking cowboy hat, or the 3k lemon, etc. All of his stuff is worth something.

 

[tzgnilki]

I think it was changed to an asset case because nancy is going to sell the CT condo and distribute the proceeds between the creditors, and won't touch the WAkahndo or his car

just an autistic theory

 

[Kosher Dill]

I think it was changed to an asset case because nancy is going to sell the CT condo and distribute the proceeds between the creditors

The opposite. Midfirst Bank is going to (eventually) sell the CT condo, come up short vs. what Phil still owes them, and then come to Nancy for the rest.

 

[Sparkletor 2.0]

Nick Rekieta said "DSP's conmsoles are woth more then their current market value since they are DSP's belongings" I bet, some trolls would defintely buy them for a higher price just so they can show them off. And I think that he would probabaly at leat keep his PS4 PRO so he can still work his debts off. From what I have seen he mostly plays PS4 so this one console should be safe.

And holy shit, the 4 Points of possible fraud. IMHO DSP checked 3 out of 4 boxes. He did everything correct indeed for attempted fraud.

I was just thinking about this while watching a restream. Just think about the vest, Nancy could probably auction that vest off for a grand at least. I mean people are willing to pay $100 just to see it, what would they pay to own it? Nancy needs to realize she needs auction off all of his shit. How much would a detractor or paypig pay to have dave's ps4 or switch, or that fucking cowboy hat, or the 3k lemon, etc. All of his stuff is worth something.

Is something that was once owned by the infamous Darksydephil worth money?

One man seems to think so...

 

[outofcuriousity]

> Didn't know how deep the debt went
Phil posted on Instagram that he was wearing long sleeves because he couldn't afford to pay the heating bill. This was while Kat and Phil were still in the "just talking" phase.

Sounds like something he would say because he thinks it will appeal to people to tip him more. He is a narcissist and a manipulator who often plays the victim card which, in turn, draws sympathy donations.

I'll believe you but I'm just curious about the actual reasons. You're telling me you hate Kat because she is married to dsp regardless of the reasons ? What if she works part time and volunteers at a battered women's shelter in her free time ?

I'm just playing the devil advocate a little here but also genuinely curious.

I've been a long time lurker of the forums and have kept up with everything but I somehow I missed the reason people don't like kat