[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

[BScCollateral]

Just like everything including taxes there's wriggle room for fraud and levels of fraud a pigroach can get away with.

My worry going into this was that "I make YouTube videos and spend $5000 or so a month" would be accepted without investigation.

Someone like Forgotten Weapons who visits museums and auction houses, disassembles weapons, and often takes them to a range to fire them? He's spending legitimate money on his videos. Ditto Red Letter Media , or Everyday Astronaut who visits the Kennedy Space Center and hops into a Boeing Starliner. If these guys spend less than five grand a month, I'm impressed.

"I sit on my couch and play video games?" Yeah, not so much.

But it's pretty obvious the trustee did not make that mistake, so good for her.

 

[AnOminous]

I caught some bit of a tractor video where he said he just "wants to live a normal life" where trolls don't continually fuck with him and try and ruin him.

Pro-tip, fagballs: Being a cancer on the internet and shaking a tin cup for shekels is anything but normal. Get off the internet, get a fucking jahb, and stop being a faggot.

Where in "living a normal life" is there putting on dumb hats, declaring yourself the "King of Hate" and begging for money from people you spit and shit on? How did he expect better?

Did he think calling himself "King of Hate" would attract PAAAAHZATIVE people?

Dismissal with prejudice is really the only outcome that applies to his situation.

They can't actually force you into a Chapter 13. It's so close to slavery it would almost or possibly actually be unconstitutional unless you'd committed a crime. What they do, instead, is give you the choice of "voluntarily" (voluntary in plea bargain meanings of "voluntary) converting to Chapter 13 or getting dismissed. I.e. voluntary means you give up all your rights in exchange for not getting raped up the ass for years, in return for other forms of getting raped up the ass for years.

 

[actually]

My worry going into this was that "I make YouTube videos and spend $5000 or so a month" would be accepted without investigation.

Someone like Forgotten Weapons who visits museums and auction houses, disassembles weapons, and often takes them to a range to fire them? He's spending legitimate money on his videos. Ditto Red Letter Media , or Everyday Astronaut who visits the Kennedy Space Center and hops into a Boeing Starliner. If these guys spend less than five grand a month, I'm impressed.

"I sit on my couch and play video games?" Yeah, not so much.

But it's pretty obvious the trustee did not make that mistake, so good for her.

See, if he did things like pay people to make art, emotes, banners, and so on, upgraded equipment, gifted subs, and all that, I could see months where he could spend $5000. But he has adamantly refused to do any of that, and so to claim $5000, much less $9000, of "business expenses" in a single month is laughable on its face.

 

[James Smith]

That all essentially requires hiring one or more experts (some other streamers) to testify and even then, the court might say DSP is the expert at the cost of his own business.

 

[Sir Wesley Tailpipe]

That all essentially requires hiring one or more experts (some other streamers) to testify and even then, the court might say DSP is the expert at the cost of his own business.

Without any receipts, the court won’t believe anything he says about the expenses.

 

[actually]

That all essentially requires hiring one or more experts (some other streamers) to testify and even then, the court might say DSP is the expert at the cost of his own business.

But that would require him to have itemized his expenses, right? To date, he's basically just pinky-sworn that this is what it costs. He's not trying to argue that a particular expense is ordinary and normal. At least not yet.

 

[Landgrave Deryk]

art work cost -$0
editing -$0
promotion -$0
make up and sfx -$0

 

[Coin Ops]

That all essentially requires hiring one or more experts (some other streamers) to testify and even then, the court might say DSP is the expert at the cost of his own business.

Imaging Dr. Disrespect take the stand in character has made my day.

 

[AnOminous]

That all essentially requires hiring one or more experts (some other streamers) to testify and even then, the court might say DSP is the expert at the cost of his own business.

He literally actually does qualify as an expert witness on his own business. I'm not kidding. Whether the court believes it or not is up to the court but his testimony on his own business and what is normal in it is legitimately admissible expert testimony.

 

[James Smith]

Without any receipts, the court won’t believe anything he says about the expenses.

But that would require him to have itemized his expenses, right? To date, he's basically just pinky-sworn that this is what it costs. He's not trying to argue that a particular expense is ordinary and normal. At least not yet.

The Trustee decided to investigate assets that may be subject to liquidation. If she didn't believe he had $34K in business expenses in the six months prior to filing she wouldn't bother investigating this because he'd be getting bumped into Chapter 13 where non-exempt assets basically don't matter (they technically raise the amount you must pay creditors but not by any significant amount over the course of years).

You have to understand how fucking odd it is that he has a like 90-95% profit margin. Almost no business does so she might not be blinking an eye at how much he's alleging he spends.

 

[BallBuster]

The real one two punch is Chapter 13 and Phil doing something stupid and getting a ban on twitch. Even a 7 day ban would be a huge disruption in his income. Twitch changing monitization slightly could ruin him. It's just a ticking time bomb and the best part is he's doing it to himself, no detractor had to do anything to set this in motion.

He breaks ToS daily. Literally, daily. He's not getting banned.

 

[Schmeckel]

He literally actually does qualify as an expert witness on his own business. I'm not kidding. Whether the court believes it or not is up to the court but his testimony on his own business and what is normal in it is legitimately admissible expert testimony.

Phil - "Um, your ahner? I'm going to offer my EX-PERT testimony, okay?"
Nancy - "Objection."
Judge - "Sustained. Sit down, Mr. with the Odd Shaped Head."
Phil - "Waaauw. Nothing I could do."

Spoiler

I know that wouldn't happen, but it would be funny as fuck.

 

[BT9494]

Any chance of DSP going full on sovereign citizen defense mode if he gets destroyed in court?

 

[Satoi]

He breaks ToS daily. Literally, daily. He's not getting banned.

I forgot who it was, but someone offered the explanation that DSP is too much of a win-win for Twitch not to keep around. He has a disproportionately high amount of subs that go right into Twitch's pockets. At the same time, his view count is pretty low. Certainly too low to be considered a "top streamer" or whatever bullshit you want to call it. So Phil acting like an asshole everyday and breaking ToS doesn't reflect all that poorly on Twitch since there's barely anyone outside of his stream to care.
I don't really like how your popularity (or lack thereof in his case) decides how rules and guidelines are enforced, but what can you do?

 

[BallBuster]

I forgot who it was, but someone offered the explanation that DSP is too much of a win-win for Twitch not to keep around. He has a disproportionately high amount of subs that go right into Twitch's pockets. At the same time, his view count is pretty low. Certainly too low to be considered a "top streamer" or whatever bullshit you want to call it. So Phil acting like an asshole everyday and breaking ToS doesn't reflect all that poorly on Twitch since there's barely anyone outside of his stream to care.
I don't really like how your popularity (or lack thereof in his case) decides how rules and guidelines are enforced, but what can you do?

To be honest, he circumvents Twitch as much as possible as he pushes tips hard above anything else. He has dumbass cucks who gift at least 50% of his subs every month for... some reason, but at the end of the day because he pushes tips, Twitch loses out on a massive payday.

 

[Landgrave Deryk]

so he is like a fat parasitic creature , twitch the host is riddled with bigger diseases such as thotalitus

 

[the khat quaffer]

Phil hears what Phil wants to hear. When he sat down with his bankruptcy attorney slash bankruptcy gal, she probably sounded to him the same way that adults sounded to the kids in the Charlie Brown cartoons. "You'll wah wah wah wah be wah wah wah able wah wah wah to keep wah wah your wah wah wahwahwahwah WAkahndo."

You snort snort snort snort did snort snort nothing snort snort snort wrong snort

FTFY

 

[Tumbo]

Now that midfirst has lifted the stay does anyone have any idea how long it usually takes for a Bank to foreclose/short sell a place?

 

[But I Digress]

He breaks ToS daily. Literally, daily. He's not getting banned.

Most old school Twitch streamers seem to have that armor as long as they don't start drama with another more profitable streamer.

 

[DiabeticSP]

Now that midfirst has lifted the stay does anyone have any idea how long it usually takes for a Bank to foreclose/short sell a place?

Months. They gotta get the keys, get the place ready to show, sell it, etc.