[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

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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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So, translating this into layman's terms so I'm able to understand this, he's basically saying: "Oh yeah, I almost forgot; I also happen to own video game collectibles and personal electronics worth $2700, but you can't take those to sell them!"

Right?
Since he's signing the forms under the penalty of perjury, they have to take what he puts down as the gawd hanest troof.
 
So, translating this into layman's terms so I'm able to understand this, he's basically saying: "Oh yeah, I almost forgot; I also happen to own video game collectibles and personal electronics worth $2700, but you can't take those to sell them!"

LMFAO long time lurker here. I decided to finally make an account and came for the pig roast. Still confused why he would claim those exempt and add all this shit on last second. It just proves he lied under oath 50 IQ move from piggy Right?
 
Today was especially salty. He mentioned that detractors had dug up his old videos to report incorrect values of his possessions. The chat had a bit of fun with it.


[I clicked the wrong reply button so this isn't the right post I was replying to]
Wonder why he would say that and not curse his immense popularity that made it so easy for Nancy to find them. Wonder if this is why he was really pissy the other day about getting emails. Wonder if Nancy was sending links to his videos asking if he could explain them.
 
From the 341 Meeting:

Nancy: Did you prepare and file with the bankruptcy court a list of all your assets, all of your liabilities?
Phil: Yes
Nancy: Are these documents, including the petition, the schedules, and the statement of financial affairs, true and correct to the best of your knowledge?
Phil: Yes
Nancy: Are there any changes that need to be made?
Phil: No
Nancy: Before you filed these documents, did you read them?
Phil: Yes
Nancy: Sign them?
Phil: ...Yes

GG, Phil
 
Exempt property.
(1) Except as provided in RCW 6.15.050, the following personal property is exempt from execution, attachment, and garnishment:
(a) All wearing apparel of every individual and family, but not to exceed three thousand five hundred dollars in value in furs, jewelry, and personal ornaments for any individual.
(b) All private libraries including electronic media, which includes audiovisual, entertainment, or reference media in digital or analogue format, of every individual, but not to exceed three thousand five hundred dollars in value, and all family pictures and keepsakes.
(c) A cell phone, personal computer, and printer.
(d) To each individual or, as to community property of spouses maintaining a single household as against a creditor of the community, to the community:
(i) The individual's or community's household goods, appliances, furniture, and home and yard equipment, not to exceed six thousand five hundred dollars in value for the individual or thirteen thousand dollars for the community, no single item to exceed seven hundred fifty dollars, said amount to include provisions and fuel for the comfortable maintenance of the individual or community;
(ii) Other personal property, except personal earnings as provided under RCW 6.15.050(1), not to exceed three thousand dollars in value, of which not more than one thousand five hundred dollars in value may consist of cash, and of which not more than:
(A) For all debts except private student loan debt and consumer debt, five hundred dollars in value may consist of bank accounts, savings and loan accounts, stocks, bonds, or other securities. The maximum exemption under this subsection (1)(d)(ii)(A) may not exceed five hundred dollars, regardless of the number of existing separate bank accounts, savings and loan accounts, stocks, bonds, or other securities.
(B) For all private student loan debt, two thousand five hundred dollars in value may consist of bank accounts, savings and loan accounts, stocks, bonds, or other securities. The maximum exemption under this subsection (1)(d)(ii)(B) may not exceed two thousand five hundred dollars, regardless of the number of existing separate bank accounts, savings and loan accounts, stocks, bonds, or other securities.
(C) For all consumer debt, two thousand dollars in value may consist of bank accounts, savings and loan accounts, stocks, bonds, or other securities. The maximum exemption under this subsection (1)(d)(ii)(C) may not exceed two thousand dollars, regardless of the number of existing separate bank accounts, savings and loan accounts, stocks, bonds, or other securities;
(iii) For an individual, a motor vehicle used for personal transportation, not to exceed three thousand two hundred fifty dollars or for a community two motor vehicles used for personal transportation, not to exceed six thousand five hundred dollars in aggregate value;
(iv) Any past due, current, or future child support paid or owed to the debtor, which can be traced;
(v) All professionally prescribed health aids for the debtor or a dependent of the debtor; and
(vi) To any individual, the right to or proceeds of a payment not to exceed twenty thousand dollars on account of personal bodily injury, not including pain and suffering or compensation for actual pecuniary loss, of the debtor or an individual of whom the debtor is a dependent; or the right to or proceeds of a payment in compensation of loss of future earnings of the debtor or an individual of whom the debtor is or was a dependent, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor. The exemption under this subsection (1)(d)(vi) does not apply to the right of the state of Washington, or any agent or assignee of the state, as a lienholder or subrogee under RCW 43.20B.060.
(e) To each qualified individual, one of the following exemptions:
(i) To a farmer, farm trucks, farm stock, farm tools, farm equipment, supplies and seed, not to exceed ten thousand dollars in value;
(ii) To a physician, surgeon, attorney, member of the clergy, or other professional person, the individual's library, office furniture, office equipment and supplies, not to exceed ten thousand dollars in value;
(iii) To any other individual, the tools and instruments and materials used to carry on his or her trade for the support of himself or herself or family, not to exceed ten thousand dollars in value.
(f) Tuition units, under chapter 28B.95 RCW, purchased more than two years prior to the date of a bankruptcy filing or court judgment, and contributions to any other qualified tuition program under 26 U.S.C. Sec. 529 of the internal revenue code of 1986, as amended, and to a Coverdell education savings account, also known as an education individual retirement account, under 26 U.S.C. Sec. 530 of the internal revenue code of 1986, as amended, contributed more than two years prior to the date of a bankruptcy filing or court judgment.
(2) For purposes of this section, "value" means the reasonable market value of the debtor's interest in an article or item at the time it is selected for exemption, exclusive of all liens and encumbrances thereon.
sorry for the text, but I thought it might be helpful to point to the part of the law which DSP claims his video game collectables are exempt, specifically 6.15.010(1)(d)(ii), which seems to be by arguing that this rubbish is somehow community property with his spouse. Big man hiding behind his wife, to keep his childish statues.

His idiot statues were clearly pre-marital assets which he says has been in storage for years. Hardly covered under this spousal exemption. This stuff is just going to piss Nancy off even more. Palpable bad faith change made at the 11th hour.
 
Since he's signing the forms under the penalty of perjury, they have to take what he puts down as the gawd hanest troof.

Once he or his attorney realized those docs were incorrect they have an obligation to correct them. That's all I think this is, DSP and the lawyer know that things he's said on-stream undermine his original filing and those things are being brought to the trustee's attention.

They know they're in trouble, this is an attempt to minimize the damage they know is coming.
 
sorry for the text, but I thought it might be helpful to point to the part of the law which DSP claims his video game collectables are exempt, specifically 6.15.010(1)(d)(ii), which seems to be by arguing that this rubbish is somehow community property with his spouse. Big man hiding behind his wife, to keep his childish statues.

His idiot statues were clearly pre-marital assets which he says has been in storage for years. Hardly covered under this spousal exemption. This stuff is just going to piss Nancy off even more. Palpable bad faith change made at the 11th hour.
How is he even allowed to amend his filing this late can someone please explain that? also this just makes him look even more guilty in light of the Awnsers he gave in the 341.
 
Line 2 is not looking good for him.

$344,890.00 $125,000.00

$229,890 over the exemption.
That works in his favor, that's why he's lowballing the value of the house. If your equity on the house is less than the $125,000 exemption they can't force a sale.
If the house is in the 400s then he's gained equity through the house appreciating in value.

And of course by "house" I mean condo.
 
Line 2 is not looking good for him.

$344,890.00 $125,000.00

$229,890 over the exemption.

Wait, but don't you have to subtract what he still owes on the mortgage, which is $228k?

sorry for the text, but I thought it might be helpful to point to the part of the law which DSP claims his video game collectables are exempt, specifically 6.15.010(1)(d)(ii), which seems to be by arguing that this rubbish is somehow community property with his spouse. Big man hiding behind his wife, to keep his childish statues.

His idiot statues were clearly pre-marital assets which he says has been in storage for years. Hardly covered under this spousal exemption. This stuff is just going to piss Nancy off even more. Palpable bad faith change made at the 11th hour.

Wouldn't put it past him to have gotten more collectibles since the marriage. Maybe that's part of what he didn't want to show. Hard to cry "poor" when there's a bunch of new collectible shit everywhere.
 
I'm Assuming the court also has a copy of his original pre amended filing which when they compare I'm sure they will hopefully relize that fuckery is afoot.
Everything that happened during the 341 meeting indicates Nancy and the court are well aware that Phil is not being truthful. It didn't take two, not even one, amendment to signal to trustee that fuckery is afoot.
 
Once he or his attorney realized those docs were incorrect they have an obligation to correct them. That's all I think this is, DSP and the lawyer know that things he's said on-stream undermine his original filing and those things are being brought to the trustee's attention.

They know they're in trouble, this is an attempt to minimize the damage they know is coming.

Rochelle Shuffield couldn't really be blamed for things she had no way of knowing but when she became aware of Phil's fraud using her services, she came under an ongoing duty of candor to fix it, or even to withdraw as counsel if he wouldn't cooperate.
 
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