[Dec 15 2019] Foreclosure Saga - http://civilinquiry.jud.ct.gov/CaseDetail/PublicCaseDetail.aspx?DocketNo=FBTCV196091825S

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Will DSP file his bankruptcy before MidFirst Bank gets their hands on his WAkhando?

  • Yes

    Votes: 112 51.9%

  • No

    Votes: 104 48.1%
  • Total voters
    216
DarkSoulsPhil said:
Can midfirst tell the court 'we dont want a lien, we want cash. And here is evidence of Phil never intending to sell the property so the lien is useless to recoup the debt owed'?

Because if I was a judge and this came across my desk, I'd tell Phil to cough up 50k and to go fuck himself. Something about being scummy and disrespect (outright contempt in this case) of the law really gets my goat.
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Assuming they can convince a judge the deficiency is not covered by the discharge, yes. I mentioned a lien specifically because it's really a freebie-Phil's not going to live forever and they'd have a claim against the condo even if Kat were added to the deed and mortgage-but garnishment (taking some of his pay) and levies (seizing money from his accounts) are both allowed and, more importantly, are not mutually exclusive. Levies are easier so they'd probably seize the few hundred-few thousand they could take from his accounts before moving onto garnishment or a lien. Garnishment would be very funny to watch because the papers are normally filed with one's employer - Phil would be required to report and withhold from his own "paycheck" to satisfy the court order :stress: .

A few things to note though:
* If MidFirst wants to collect, there will be one, possibly two more lawsuits incoming. When the foreclosure trial concludes there will be a deficiency of about $40,000. MidFirst might need a Connecticut judge to certify the deficiency even after the trial is over. From there, they will certainly have to sue Phil in Washington to collect against him. Neither of these would bring any new or interesting information, so the only question for us is whether he no-shows there as well.
* Just because Phil no-showed to the foreclosure suit doesn't automatically entitle MidFirst to a default judgment in Washington. It would be a completely new trial and his behavior in Connecticut would not be relevant.
* If Phil does get sued in Washington and no-shows again, the deficiency is considered to be valid even if it was meant to be discharged in bankruptcy so long as MidFirst can show they made a reasonable effort to inform him of the suit. This is the big silver lining here if Phil's too dumb to understand the idea that it's a new trial.
* Specific to garnishment, the cutoff is 25% of disposable income. So if the bank goes that route we'll get another round of Phil lying to a judge about how he is somehow still living hand to mouth on $120k/year with credit card and mortgage payments eliminated.

EDIT: In the "corner case" where MidFirst sues for collections in WA, wins by default, and the collection is illegitimate from the bankruptcy, Phil would have the right to countersue and have the debt/collection voided without any statute of limitations.
 
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Assuming garnishment he'll have to account for and hold his payments. Obviously for Phil the only pressing matter is getting tips right away.
Not appearing for court seems likely just keeps saying he got the bankruptcy and handed over the property.
 
The best thing that could possibly happen here, if Midwest sold Phil’s debt to some hardcore detractors for pennies on the dollar.

And they’d proceed collecting by any means necessary. Even if that means bullhorning his house during a stream.

Phil is notoriously paranoid. Could you imagine him if he would start to get tractors coming to his house to drop off collection letters, or got followed around on his days off, by people waving bills at him.
 
Fapcop said:
The best thing that could possibly happen here, if Midwest sold Phil’s debt to some hardcore detractors for pennies on the dollar.

And they’d proceed collecting by any means necessary. Even if that means bullhorning his house during a stream.

Phil is notoriously paranoid. Could you imagine him if he would start to get tractors coming to his house to drop off collection letters, or got followed around on his days off, by people waving bills at him.
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I haven't heard of a collection agency actually following someone around, usually they just call incessantly.

I'm not sure how much luck a debt collector would have with Dave for anything. Their main tactic is shaming people into paying their bills by calling their neighbors, friends, family, work, etc. Dave never leaves the house, has no friends, barely talks to his family, and works from home.
 
DarkSoulsPhil said:
Because if I was a judge and this came across my desk, I'd tell Phil to cough up 50k and to go fuck himself.
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It's not really up to the judge. If they domesticate a Connecticut judgment in Washington, it's like any other judgment that was rendered in a court in Washington. It just says pay up $50k or whatever. The court doesn't help you collect it. You have to do that yourself, and it's more or less a mechanical process of finding assets that can be collected on, then using the available machinery to foreclose on, garnish, levy on, or whatever. And the process is pretty rubber stamp. They just wake up and their bank account is empty, the sheriff's at the door and comes in and bags and tags their shit, whatever.
 
AnOminous said:
It's not really up to the judge. If they domesticate a Connecticut judgment in Washington, it's like any other judgment that was rendered in a court in Washington. It just says pay up $50k or whatever. The court doesn't help you collect it. You have to do that yourself, and it's more or less a mechanical process of finding assets that can be collected on, then using the available machinery to foreclose on, garnish, levy on, or whatever. And the process is pretty rubber stamp. They just wake up and their bank account is empty, the sheriff's at the door and comes in and bags and tags their shit, whatever.
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Hello everyone good evening good evening how everyone going? Now, you might be have some questions about the tips goal *points on screen* and how its 50k for this stream. Well, I need that money i really do, to pay my bills and there was nothing i could do so...*leg slap* *nervous laugh*

He's going to get away with it again, isnt he?
 
DarkSoulsPhil said:
Hello everyone good evening good evening how everyone going? Now, you might be have some questions about the tips goal *points on screen* and how its 50k for this stream. Well, I need that money i really do, to pay my bills and there was nothing i could do so...*leg slap* *nervous laugh*

He's going to get away with it again, isnt he?
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Probably.
 
DarkSoulsPhil said:
Hello everyone good evening good evening how everyone going? Now, you might be have some questions about the tips goal *points on screen* and how its 50k for this stream. Well, I need that money i really do, to pay my bills and there was nothing i could do so...*leg slap* *nervous laugh*

He's going to get away with it again, isnt he?
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After the shit show with his bankruptcy, yes, yes he is.
 
Woops. Posted in wrong topic.

So anyway. It did it again. Maybe its just a big coincidence, but this is not the first time.
 

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PieceofShet said:
Woops. Posted in wrong topic.

So anyway. It did it again. Maybe its just a big coincidence, but this is not the first time.
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This is the second time (that I recall) there is a coincidence between something DSP is doing and a Midfirst tweet. I really hope this is real and Midfirst is trolling, but that is just getting my hopes up.

If it happens a third time, that is a trend right?
 
Sparkletor 2.0 said:
How do you play the game? You eat all the candy at once and then beg for more, right? That's how adults budget.
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You:
1 ) Eat the candy
2) Deny you ate the candy
3) Claim detractors are lying about you eating the candy
4) Say you can't work because you have an earache from eating the candy
5) Show an empty bowl and beg for more candy or your family will starve and that any candy donated will go to pay your taxes
6) Get the candy
7) Eat the candy

Repeat until you're 40.
 
strandedcastaway said:
You:
1 ) Eat the candy
2) Deny you ate the candy
3) Claim detractors are lying about you eating the candy
4) Say you can't work because you have an earache from eating the candy
5) Show an empty bowl and beg for more candy or your family will starve and that any candy donated will go to pay your taxes
6) Get the candy
7) Eat the candy

Repeat until you're 40.
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5a) A couple years down the road, admit that you actually DID eat the candy, but you had to lie about it to protect your family.
5b) Say that you're so behind on bills that you could never get candy again.
 
Wouldn't a lean fuck DSP's credit?

Combined with post bankruptcy cards (that he'll for sure get) theres no way he stays solvent with the way he burns cash.
 
I just watched the old Nick and Null stream on Phil's initla bankruptcy filing. At 01:18:00 (i think) Nick said that if Phil has surrendered the Condo to Midfirst the bank can't claim the difference of 40k should Phil have been granted a chapter 7 bankruptcy. So is all this Limbo that Midfirst is actually doing for naught? Or is this excempt because Midfirst asked for a stay? I am not so sure and it was probabaly mentioned a few pages back but I think this case is more or less closed.
 
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