[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
He will be able to (most likely), but it means the monthly payments he has to make will go up, and he'll incur more interest and fees along the way. And he can't make these ones disappear with a bankruptcy.
I know you can get payment plans if you can't pay for a single year's worth of taxes but Idk how rolling over other payment plans work with this. But it would be hilarious if this happens because he would really get fucked
 
I know you can get payment plans if you can't pay for a single year's worth of taxes but Idk how rolling over other payment plans work with this. But it would be hilarious if this happens because he would really get fucked
He's already on two of them for the past 2 years. The IRS will happily set up a 3rd payment plan with the fees and interest attached. They'll get their money regardless, and now they're going to get a little more.
 
He's already on two of them for the past 2 years. The IRS will happily set up a 3rd payment plan with the fees and interest attached. They'll get their money regardless, and now they're going to get a little more.
How long can he keep using his IRS credit card?
Will they just let him do this and just upping the interest for each payment plan forever? And if so is there an upper limit to how much interest they tack on?
 
He's already on two of them for the past 2 years. The IRS will happily set up a 3rd payment plan with the fees and interest attached. They'll get their money regardless, and now they're going to get a little more.
You think maybe the monthly $750 is another payment plan perhaps? I was starting to lean that way based on the payment timing from the leaks...
 
How long can he keep using his IRS credit card?
Will they just let him do this and just upping the interest for each payment plan forever? And if so is there an upper limit to how much interest they tack on?
The IRS has the ability to disapprove more payment plans but the criteria are not clear. All I could find was this statement from the IRS' site saying they can be rejected after which the debtor has 30 days to make arrangements before collections begin:
When you request a payment plan (installment agreement), with certain exceptions, the IRS is generally prohibited from levying and the IRS’s time to collect is suspended or prolonged while an Installment Agreement (IA) is pending. An IA request is often pending until it can be reviewed, and an IA is established, or the request is withdrawn or rejected. If the requested IA is rejected, the running of the collection period is suspended for 30 days.
While this website says anyone who meets these four criteria:
  • Have filed your tax returns on time for the past five years;
  • Agree to pay your tax debt in full within three years rather than 72 months;
  • Can’t afford to pay the taxes you owe in full; and
  • Aren’t in bankruptcy proceedings
Automatically qualifies but there is not an equivalent set of criteria for disqualification.

I believe Phil meets #1 because he files his returns but requests a payment plan rather than paying in full but eventually he will be unable to meet #2 - even if he meets it right now (I have no way of knowing if this is true) the sheer number of payment plans will eventually be so large that some will need to be on repayment periods of greater than three years. When that happens, like Kosher Dill ninja'd me with, it is at the IRS' discretion and their criterion will be, can he reliably make his payments?

Now for the less exciting news. Phil's inability to make his tax payments or get approved for a payment plan will not automatically result in the IRS garnishing his wages or seizing his property. They could just as easily file a lien on his condo, then just wait until he sells it or passes away and collect their money from the proceeds/estate. This gets even more boring since Phil has said he plans to spend the rest of his life in that place and I believe him. It's not like he cares about Kat possibly losing it to the IRS after he dies.

EDIT: The IRS has two alternatives to the installment plans Phil is on if/when he can no longer qualify for regular repayment plans.

The first is called an offer-in-compromise (yes really..... he would get out of debt thanks to OIC). Under this plan, if Phil could show he would probably never be able to pay the debt in full, he could come up with his own proposal for a settlement and installment plan. There is no guarantee it would be approved; the IRS has a tool that lets people see if they qualify for an OIC but there are too many unknowns in Phil's finances to figure out if he'd qualify. More importantly, I cannot tell he could apply it to multiple years of back taxes or only a single payment plan at a time.

The second, which if I read it right he is extremely unlikely to get, is a partial payment repayment plan. It's exactly what it sounds like, a payment plan that lets the debtor fulfill the debt for less than the full amount. The reason I say he is extremely unlikely to get it is that it is only available to people who have no outstanding back taxes. We all know that's not happening unless he gets a six- or seven- figure inheritance.
 
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The IRS has the ability to disapprove more payment plans but the criteria are not clear. All I could find was this statement from the IRS' site saying they can be rejected after which the debtor has 30 days to make arrangements before collections begin:

While this website says anyone who meets these four criteria:

Automatically qualifies.

I believe Phil meets #1 because he files his returns but requests a payment plan rather than paying in full but eventually he will be unable to meet #2 - even if he meets it right now (I have no way of knowing if this is true) the sheer number of payment plans will be so large that some will need to be on repayment periods of greater than three years. When that happens, like Kosher Dill ninja'd me with, it is at the IRS' discretion and their criterion will be, can he reliably make his payments?

Now for the less exciting news. Phil's inability to make his tax payments or get approved for a payment plan will not automatically result in the IRS garnishing his wages or seizing his property. They could just as easily file a lien on his condo, then just wait until he sells it or passes away and collect their money from the proceeds/estate.
One thing to note is that presumably his 2018 Back Taxes ($500 per month) either have already or should soon be finished up sometime this year (assuming that additional payment plans can't be "rolled in" to this existing one). Someone else may have a better idea about the expected timeline for this one.
 
No Uncle Sam is going to demand he pay up next year
I was under the impression that debt discharged from bankruptcy proceedings were exempt, but I guess foreclosure started before he filed so that wouldn't matter right? This shit was so long ago now I can't even remember lol
 
I was under the impression that debt discharged from bankruptcy proceedings were exempt, but I guess foreclosure started before he filed so that wouldn't matter right? This shit was so long ago now I can't even remember lol
Midfirst was exempt from the Bankruptcy though. So this was a foreclosure I believe. Rules should be different unless there is some weird special exemption
 
One thing to note is that presumably his 2018 Back Taxes ($500 per month) either have already or should soon be finished up sometime this year (assuming that additional payment plans can't be "rolled in" to this existing one). Someone else may have a better idea about the expected timeline for this one.
If we base it on what he attempted to "fundraise", he owed something like $17k for 2018. He got maybe $2000 total from his begathons and the $4000 from his mom, but as we all know, the likelihood of him having actually spent that money on his taxes is....low. Since the $500 monthly payment was still (right?) showing up in the bank leaks from 2021, I'd venture to guess he didn't. I do think you're right, though. He ought to be finishing that plan up soon. But he still has the 2019 back taxes and the 2020 back taxes (presumably) plus now 2021 back taxes.
 
If we base it on what he attempted to "fundraise", he owed something like $17k for 2018. He got maybe $2000 total from his begathons and the $4000 from his mom, but as we all know, the likelihood of him having actually spent that money on his taxes is....low. Since the $500 monthly payment was still (right?) showing up in the bank leaks from 2021, I'd venture to guess he didn't. I do think you're right, though. He ought to be finishing that plan up soon. But he still has the 2019 back taxes and the 2020 back taxes (presumably) plus now 2021 back taxes.
Is there a point where the taxman takes a look at Phil's earnings and his inability to pay taxes without a payment plan and tells him "Fuck off, pay up now, or I'm beginning legal action"? Or will they always opt for a payment plan when someone is willing (sorry I'm not American, and also I don't have any experience with taxes I work in academia and my stipend isn't taxable)? Like, is there a limit to the amount of years, either consecutive or cumulatively, where you can pay via a payment plan?

Also, there's going to be some time in the future where he packs in his business, and given that he has failed to pay taxes every single year since moving to Renton, is the mother-of-all perfect storms brewing? As in, there'll be a point where DSPGaming doesn't make money, but Phil still has to pay multiple years of back taxes (assuming he continues to not meet his requirements and gets put on payment plans). In the event that he is unable to pay his back taxes, what happens? Bankruptcy two? Losing the WAkahndo? Incarceration?

I've always assumed that Phil is banking on his inheritance and selling his parents' house to save him from all his issues, but given how he manages money he'll probably just burn through it on nonsense. Whatever happens, I think from a point of curiosity, while the guy's content is getting more and more mind-numbing, his life is going to start getting more and more interesting to observe from afar.
 
Goddamnit. Stop blueballing me and let the topic rest till something does happen. Every time i see a new post... :)
I wouldn't expect much else. MidFirst probably isn't going to bother going after the deficiency, so unless the difference is counted as income due to being considered forgiven debt, this particular arc is complete.
Is there a point where the taxman takes a look at Phil's earnings and his inability to pay taxes without a payment plan and tells him "Fuck off, pay up now, or I'm beginning legal action"? Or will they always opt for a payment plan when someone is willing (sorry I'm not American, and also I don't have any experience with taxes I work in academia and my stipend isn't taxable)? Like, is there a limit to the amount of years, either consecutive or cumulatively, where you can pay via a payment plan?

Also, there's going to be some time in the future where he packs in his business, and given that he has failed to pay taxes every single year since moving to Renton, is the mother-of-all perfect storms brewing? As in, there'll be a point where DSPGaming doesn't make money, but Phil still has to pay multiple years of back taxes (assuming he continues to not meet his requirements and gets put on payment plans). In the event that he is unable to pay his back taxes, what happens? Bankruptcy two? Losing the WAkahndo? Incarceration?

I've always assumed that Phil is banking on his inheritance and selling his parents' house to save him from all his issues, but given how he manages money he'll probably just burn through it on nonsense. Whatever happens, I think from a point of curiosity, while the guy's content is getting more and more mind-numbing, his life is going to start getting more and more interesting to observe from afar.
See below v
The IRS has the ability to disapprove more payment plans but the criteria are not clear. All I could find was this statement from the IRS' site saying they can be rejected after which the debtor has 30 days to make arrangements before collections begin:

While this website says anyone who meets these four criteria:

Automatically qualifies but there is not an equivalent set of criteria for disqualification.

I believe Phil meets #1 because he files his returns but requests a payment plan rather than paying in full but eventually he will be unable to meet #2 - even if he meets it right now (I have no way of knowing if this is true) the sheer number of payment plans will eventually be so large that some will need to be on repayment periods of greater than three years. When that happens, like Kosher Dill ninja'd me with, it is at the IRS' discretion and their criterion will be, can he reliably make his payments?

Now for the less exciting news. Phil's inability to make his tax payments or get approved for a payment plan will not automatically result in the IRS garnishing his wages or seizing his property. They could just as easily file a lien on his condo, then just wait until he sells it or passes away and collect their money from the proceeds/estate. This gets even more boring since Phil has said he plans to spend the rest of his life in that place and I believe him. It's not like he cares about Kat possibly losing it to the IRS after he dies.

EDIT: The IRS has two alternatives to the installment plans Phil is on if/when he can no longer qualify for regular repayment plans.

The first is called an offer-in-compromise (yes really..... he would get out of debt thanks to OIC). Under this plan, if Phil could show he would probably never be able to pay the debt in full, he could come up with his own proposal for a settlement and installment plan. There is no guarantee it would be approved; the IRS has a tool that lets people see if they qualify for an OIC but there are too many unknowns in Phil's finances to figure out if he'd qualify. More importantly, I cannot tell he could apply it to multiple years of back taxes or only a single payment plan at a time.

The second, which if I read it right he is extremely unlikely to get, is a partial payment repayment plan. It's exactly what it sounds like, a payment plan that lets the debtor fulfill the debt for less than the full amount. The reason I say he is extremely unlikely to get it is that it is only available to people who have no outstanding back taxes. We all know that's not happening unless he gets a six- or seven- figure inheritance.
 
Midfirst was exempt from the Bankruptcy though. So this was a foreclosure I believe. Rules should be different unless there is some weird special exemption
It sounds like you are getting two different legal concepts confused: When MidFirst intervened in the bankruptcy they filed a request to lift the stay against the foreclosure and the judge granted it (Items 14, 15, and 22 in the docket here). This allowed them to continue the foreclosure while the bankruptcy was ongoing, but for reasons I cannot explain they then sat on their hands and did nothing until long after the foreclosure was concluded.

What MidFirst did not do was object to Phil's discharge of the underwater mortgage or surrender of the property in bankruptcy. Silence is consent in Chapter 7 so they lost any ability to object to the surrender or pursue Phil for the deficiency when he got his fraudulent discharge.

I wouldn't expect much else. MidFirst probably isn't going to bother going after the deficiency, so unless the difference is counted as income due to being considered forgiven debt, this particular arc is complete.
I'm pretty sure this is not how Chapter 7 works because the whole idea is to erase debts altogether. The problem with treating the forgiven deficiency as income is that it would make discharging an underwater property impossible even for honest debtors because the lienholder could always pursue them for (at a minimum) the tax on the deficiency on the property.

Considering Phil's parents' history I suspect they would bail him out even if it is taxable income. They supposedly stopped giving him money (I cannot recall if this was specifically for taxes or just a gift) in 2016, only to turn around and give him another $4,000 for taxes and tell him to file bankruptcy when he flew out to Connecticut in 2019. Why should we believe they will tell him "no" or really hold him to a payment plan the next time he comes begging after years of giving him everything he wants?

Edit:
Also, there's going to be some time in the future where he packs in his business, and given that he has failed to pay taxes every single year since moving to Renton, is the mother-of-all perfect storms brewing? As in, there'll be a point where DSPGaming doesn't make money, but Phil still has to pay multiple years of back taxes (assuming he continues to not meet his requirements and gets put on payment plans). In the event that he is unable to pay his back taxes, what happens? Bankruptcy two? Losing the WAkahndo? Incarceration?
Phil has more than $120,000 in equity on the Snort Fort (not putting an exact number on it because assessments are all over the place and he has paid down more of the mortgage since the bankruptcy) plus a smaller amount of equity in his Toyota (I can't be bothered to look, not sorry). Unless or until the tax debt he cannot pay comes close to that amount, the IRS and the bank which holds his mortgage (I think it's called Arvest?) will not seriously consider suing for foreclosure because they are near-certain to get their money eventually.

I'm not saying your scenario can't happen, I'm saying it would take years of unpaid taxes or a major drop in Phil's income to be credible. Remember, Phil was able to get by for years with payments on his credit card interest + Connecticut property, he knows how to get by with much less even if he really does not want to.
 
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I'm not saying your scenario can't happen, I'm saying it would take years of unpaid taxes or a major drop in Phil's income to be credible. Remember, Phil was able to get by for years with payments on his credit card interest + Connecticut property, he knows how to get by with much less even if he really does not want to.
I guess I'm more thinking about a decade down the line, and how things will look for the late-stage/post-streaming era. I appreciate that so long as he's earning money as he is he'll be able to keep his head above the water, but eventually there's a critical point where he can't keep up. I think the post of yours that @actually cited covered everything I was after
 
Legal Kiwis: Any idea why the sewage bill was forgiven in early February of this year? Was that just the town's way of not holding a lien due to Phil's nonpayment against the new owner(s)?
I'd say that whatever it is, it just wasn't worth the bother of trying to collect it, so they said fuck it.
Phil's inability to make his tax payments or get approved for a payment plan will not automatically result in the IRS garnishing his wages or seizing his property.
Also he doesn't even have wages as such. Unless he has some income source I missed, he has no W-4 income.
 
Phil has more than $120,000 in equity on the Snort Fort (not putting an exact number on it because assessments are all over the place and he has paid down more of the mortgage since the bankruptcy) plus a smaller amount of equity in his Toyota (I can't be bothered to look, not sorry). Unless or until the tax debt he cannot pay comes close to that amount, the IRS and the bank which holds his mortgage (I think it's called Arvest?) will not seriously consider suing for foreclosure because they are near-certain to get their money eventually.

I'm not saying your scenario can't happen, I'm saying it would take years of unpaid taxes or a major drop in Phil's income to be credible. Remember, Phil was able to get by for years with payments on his credit card interest + Connecticut property, he knows how to get by with much less even if he really does not want to.
If Phil has been relying on a payment plan five years in a row, whether it's because of Champions or not, it WILL be from this point forward, so it seems a foregone conclusion that him reaching a tax debt that rivals his gacha spending is inevitable. He's not paying enough per month to keep it from climbing year after year, because if he could do that, he wouldn't be having this problem to begin with.

Whether or not that will result in the IRS crawling up his ass, who knows, but with his financial situation being dictated by an addiction he refuses to address, I don't see how he could avoid his debt piling up to ridiculous levels in another decade. Then again, the most unprecedented scenario in my view isn't him pigroaching his way out of things, it's him ceasing to be a pigroach by actually relenting on his shitty ways for once. That's what it will take, given what got him here.
 
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