[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

    Głosy: 126 18,1%

  • Changed to Chapter 13 and ultimately fails to make his required payments

    Głosy: 218 31,3%

  • Chapter 13 and successfully completed all payments

    Głosy: 19 2,7%

  • Complete dismissal of the bankruptcy

    Głosy: 334 47,9%
  • Łączna liczba głosujących
    697
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actually powiedział(a):
He owes ~$30,000 total to Citibank under 3 separate lines of credit. He also currently owes ~$110,000 to MidFirst Bank on his CT condo mortgage and ~$50,000 if they get the estimated market price for it in a sale.



Apologies if it's a dumb question, but is that 60 day period set in stone, even if something like the 341 meeting being pushed back happens?
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It’s a filing deadline, as opposed to an event, so it is set in stone. 2 months for anyone to voice any objections is plenty of time, even in the current circumstances.
 
Sir Wesley Tailpipe powiedział(a):
It’s a filing deadline, as opposed to an event, so it is set in stone. 2 months for anyone to voice any objections is plenty of time, even in the current circumstances.
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Would any objections automatically show up in the docket as a filing, or could they have been raised directly with the trustee? I'm a little surprised Citibank didn't have any issues given the amount of money they're owed.
 
actually powiedział(a):
Would any objections automatically show up in the docket as a filing, or could they have been raised directly with the trustee? I'm a little surprised Citibank didn't have any issues given the amount of money they're owed.
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There would be a lot of communication between the trustee and creditors, hoping to influence the outcome in their favour and away from Chapter 7. If there’s pushback informally, then you’d see a filing.

We also can’t discount the possibility that they all reviewed the 341, spoke to the trustee and know where it’s heading, thus eliminating the need for filings. Phil measured his own rope and tied the knot for them all to hang him with, it’s just a question of how high at this point.
 
actually powiedział(a):
He owes ~$30,000 total to Citibank under 3 separate lines of credit. He also currently owes ~$110,000 to MidFirst Bank on his CT condo mortgage and ~$50,000 if they get the estimated market price for it in a sale.



Apologies if it's a dumb question, but is that 60 day period set in stone, even if something like the 341 meeting being pushed back happens?
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It's from the date "first set" so yes. And requests for extension are supposed to occur before the deadline actually expires, unless based on newly discovered facts that had they been known would have justified revoking the bankruptcy even after the discharge. So short answer, yes.
 
Has there been any indication from the US govt that they might become more lenient towards people filing for bankruptcy given that COViD-19 is probably going to usher millions into bankruptcy due to their inability to pay their debts?

I’m hoping this pandemic isn’t another pigroach moment where he gets off scot free because all the starts have aligned for him once again.
 
Bad News powiedział(a):
www.courtlistener.com

Docket for Philip P Burnell, 20-10323 - CourtListener.com

Docket for Philip P Burnell, 20-10323 — Brought to you by the RECAP Initiative and Free Law Project, a non-profit dedicated to creating high quality open legal information.
www.courtlistener.com www.courtlistener.com

is showing

24 May 6, 2020 Main Document Discharge of Debtor, Chapter 7 (automatic)
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Is the roach actually going to get away with this? IS THE GUY GONNA MAKE IT OUT ALIVE?

If this means what my slow brain thinks it means, I might just have to become a DSP fan. He's fucking godlike.
 
unbelievable. The thing is now, will he actually tell his fans he is out of money trouble? The only thing he's been selling for years is financial drama.
 
Ostatnio edytowane:
wtf gamers, Rekieta lied to us! let's doxx his ass and make lots of troll tips on his next stream calling him a fag and not a real lawyer

edit: so far I've found out his first name is Nick and he lives somewhere in Minnesota. doxx still in progress...
 
Ostatnio edytowane:
He aint out of the woods yet, his creditors can still appeal the discharge, plus we dont know if all or some of it is discharged. Remember is CT condo still needs to be paid so we will still have that.

"In chapter 7 cases, the debtor does not have an absolute right to a discharge. An objection to the debtor's discharge may be filed by a creditor, by the trustee in the case, or by the U.S. trustee. Creditors receive a notice shortly after the case is filed that sets forth much important information, including the deadline for objecting to the discharge. To object to the debtor's discharge, a creditor must file a complaint in the bankruptcy court before the deadline set out in the notice. Filing a complaint starts a lawsuit referred to in bankruptcy as an "adversary proceeding."

The court may deny a chapter 7 discharge for any of the reasons described in section 727(a) of the Bankruptcy Code, including failure to provide requested tax documents; failure to complete a course on personal financial management; transfer or concealment of property with intent to hinder, delay, or defraud creditors; destruction or concealment of books or records; perjury and other fraudulent acts; failure to account for the loss of assets; violation of a court order or an earlier discharge in an earlier case commenced within certain time frames (discussed below) before the date the petition was filed. If the issue of the debtor's right to a discharge goes to trial, the objecting party has the burden of proving all the facts essential to the objection."
 
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