- Dołączono
- 12 Kwi 2020
As long as he doesn't get a Ch 7 discharge it can go in till the end of time for all I care.If Phil is going to get discharged, we'll know by 25 May. Other than that, who knows how long this goes on.
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As long as he doesn't get a Ch 7 discharge it can go in till the end of time for all I care.If Phil is going to get discharged, we'll know by 25 May. Other than that, who knows how long this goes on.
As long as he doesn't get a Ch 7 discharge it can go in till the end of time for all I care.
I don't think this is something Phil can just refuse. If it gets converted to Ch 13 then I'm pretty sure Phil doesn't just get to say "No, I don't like that, I'm going home." Someone please correct me if I'm wrong but I'm pretty sure when you sign up for the big B you don't get to just back out of it whenever you want, you're in for the ride and there is no getting off. I mean otherwise wouldn't tons more people file and then just back out when it doesn't work out?I'm fine with Chapter 7 provided Nancy takes Manchild Manor. It's now an asset case and who cares how much his blu-rays and toys are worth?
Let's be honest, Chapter 13 is as good as a dismissal. He's not letting some booksmart nudnik stand between him and his oily boys.
I don't think this is something Phil can just refuse. If it gets converted to Ch 13 then I'm pretty sure Phil doesn't just get to say "No, I don't like that, I'm going home."
If he were able to surely some of his creditors would immediately file suit against him.I don't think this is something Phil can just refuse. If it gets converted to Ch 13 then I'm pretty sure Phil doesn't just get to say "No, I don't like that, I'm going home." Someone please correct me if I'm wrong but I'm pretty sure when you sign up for the big B you don't get to just back out of it whenever you want, you're in for the ride and there is no getting off. I mean otherwise wouldn't tons more people file and then just back out when it doesn't work out?
He can do exactly that. They can't actually force you to convert to Chapter 13. They can dismiss your Chapter 7 and give you that option. So you can just have your case dismissed and get ass raped by the creditors without any bankruptcy protection. What you can't do is just voluntarily dismiss your own Chapter 7 without leave of court. You need to file a motion, which can be denied.
Chapter 13 should be fine for someone in DSP's position, but his trustee would cut down hard on his "rainy day" money. As you point out, he has to actually make his payments on time despite his unsteady income and his own spending habits.But either way isn't he still screwed? No bankruptcy = no protection, correct? And chapter 13 you miss a payment and you're also screwed. The only somewhat decent ruling (for him) would be if he got Ch 7 because, if I understand correctly, they wouldn't be able to go for Phil's house due to some WA law, and if they did he'd still get 125k out of it? So wouldn't it really be a win for Phil if he got Ch 7 and a fail for everything else? Cause with 13 or no bankruptcy he has to pay or get fed to the wolves.
If I'm understanding correctly, asking for a friend of course. I'm just going off what I read here and what Nick was talking about on his stream.
But either way isn't he still screwed? No bankruptcy = no protection, correct? And chapter 13 you miss a payment and you're also screwed. The only somewhat decent ruling (for him) would be if he got Ch 7 because, if I understand correctly, they wouldn't be able to go for Phil's house due to some WA law, and if they did he'd still get 125k out of it? So wouldn't it really be a win for Phil if he got Ch 7 and a fail for everything else? Cause with 13 or no bankruptcy he has to pay or get fed to the wolves.
Emphasis on should be fine for someone in DSP's position. Most anyone else in his situation would find a way to make ends meet while making their payments. I honestly see Phil getting maybe three months into his payments before he Phils it up and decides to buy the Super Mega Ultralux Sex God Edition of Call of Duty 2021. However, he can't just call upon his fanbase to help him out at that point. Despite the fact that a 13 isn't designed to make the debtor live like a hermit for the duration of the payment, here wouldn't be a lot of room for outside of what would be the essentials and a very small overhead. With his 10+ year "legacy" of spending habits, he'd be right and truly fucked. If he goes into a 13, it's going to make it incredibly difficult to keep on top of new releases. Shit like the new generation of consoles (because we all know he won't ever build his own PC), Cyberpunk, Assassin's Creed, and whatever else winds up coming out in Q4 of this year alone could be enough for him to actually consider choosing between food and video games. And if/when that choice becomes a topic of discussion, that'll be when the wife starts asking if this shitshow is worth it.Chapter 13 should be fine for someone in DSP's position, but his trustee would cut down hard on his "rainy day" money. As you point out, he has to actually make his payments on time despite his unsteady income and his own spending habits.
i will guarantee youEven if he walks away with 125k, some debts (tax, debts incurred after declaring bankruptcy) aren't dischargable on bankruptcy and with his spending habits the rest wont last long.
He's likely to declare bankruptcy again.
Phil knows that money wouldn't last very long which is why he's so desperate to keep the condo. He'd have to look for a new place, scrounge through his remaining belongings to see what he can't take with him, pay for the cost of moving, pay the down payment on his new place, buy new shit and so on. I don't blame him for not wanting to sell the condo because all of that is a gigantic pain in the ass, but he wouldn't be at risk of losing the condo to begin with if he had any self-control. For years, people were telling him to stop using credit cards for everything, stop going out to eat so much, stop getting a new car every couple years and to get something used that's affordable, to live within his means, save for the future, and he just completely ignored everyone's advice while going on about having a stupid finance degree so he knows how to handle money. He has no savings, no job prospects, no investments, no plan, and neither does Kat. It would only be a matter of time before he's back before the bankruptcy court to file again.Even if he walks away with 125k, some debts (tax, debts incurred after declaring bankruptcy) aren't dischargable on bankruptcy and with his spending habits the rest wont last long.
He's likely to declare bankruptcy again.
Let's be real here. Dsp not wanting to lose the house has absolutely nothing to do with the hassle itll be to find somewhere else to live and move in. His big issue is 100% "I 'busted' my house getting enough money to buy this house, I've earned. It's not fair that it gets taken away from after I 'worked' so hard for it". Losing the house is a moral defeat, not a financial one.Phil knows that money wouldn't last very long which is why he's so desperate to keep the condo. He'd have to look for a new place, scrounge through his remaining belongings to see what he can't take with him, pay for the cost of moving, pay the down payment on his new place, buy new shit and so on. I don't blame him for not wanting to sell the condo because all of that is a gigantic pain in the ass, but he wouldn't be at risk of losing the condo to begin with if he had any self-control. For years, people were telling him to stop using credit cards for everything, stop going out to eat so much, stop getting a new car every couple years and to get something used that's affordable, to live within his means, save for the future, and he just completely ignored everyone's advice while going on about having a stupid finance degree so he knows how to handle money. He has no savings, no job prospects, no investments, no plan, and neither does Kat. It would only be a matter of time before he's back before the bankruptcy court to file again.
Losing the house is a moral defeat, not a financial one.
*condoLosing the house would mean the detractors were right.
I was talking with someone irl who knows about all this and I made the argument that this is precisely why detractors are not sadistic, we only want a ‘real’ thing to happen to DSP, the only pain involved in a Chapter 13 bankruptcy will be the pain of being forcefully ripped from a suffocating childish fantasy, a fantasy that is killing him.Emphasis on should be fine for someone in DSP's position. Most anyone else in his situation would find a way to make ends meet while making their payments. I honestly see Phil getting maybe three months into his payments before he Phils it up and decides to buy the Super Mega Ultralux Sex God Edition of Call of Duty 2021. However, he can't just call upon his fanbase to help him out at that point. Despite the fact that a 13 isn't designed to make the debtor live like a hermit for the duration of the payment, here wouldn't be a lot of room for outside of what would be the essentials and a very small overhead. With his 10+ year "legacy" of spending habits, he'd be right and truly fucked. If he goes into a 13, it's going to make it incredibly difficult to keep on top of new releases. Shit like the new generation of consoles (because we all know he won't ever build his own PC), Cyberpunk, Assassin's Creed, and whatever else winds up coming out in Q4 of this year alone could be enough for him to actually consider choosing between food and video games. And if/when that choice becomes a topic of discussion, that'll be when the wife starts asking if this shitshow is worth it.
Someone must have happened in the last few days that's not been reported as Phil is in his twitch chat losing his mind and snapping at everyone. Mrhuth2 posted some snaps on twitter.
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Reality has finally backhanded him and now he's worried