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

[Alxmir23]

No.

Phil's a nobody and only us autists want to see him get his comeuppance.

No one in Midfirst has a vendetta against Phil. I find it highly unlikely that they'll even pursue a deficiency judgment, and pretty much impossible that they'd look into his bankruptcy.

These are pennies to them.

you seem to forget this is a bank we are talking about. they make a lot of money by going after these pennies

 

[DZoomer]

you seem to forget this is a bank we are talking about. they make a lot of money by going after these pennies

The entities that didn't go after Phil during his bankruptcy, when they legally could, were also banks. After that happened, I realized that banks seem to not care if the amount is not obscenely huge.

 

[Alxmir23]

The entities that didn't go after Phil during his bankruptcy, when they legally could, were also banks. After that happened, I realized that banks seem to not care if the amount is not obscenely huge.

100k is big enough to put up a stink
look at his court case file. they are not just gonna drop it. they would have done it already. they wouldnt have paid money to file motions to bypass bankruptcy just to abandon.

 

[The Penultimate Warrior]

He mentioned early in the stream that if he didn't hit the goal he'd have to choose which bills to pay. So at not even 50% of the goal, you'd think he'd be a bit more worried about having to choose between losing his house or having the IRS come after him.

 

[Flavius Anthemius]

He mentioned early in the stream that if he didn't hit the goal he'd have to choose which bills to pay. So at not even 50% of the goal, you'd think he'd be a bit more worried about having to choose between losing his house or having the IRS come after him.

He's lying, the IRS isn't gonna rip him to shreds, they have ways around debt problems, if he wants to go about it like the bankruptcy.

 

[gaarashatan]

He mentioned early in the stream that if he didn't hit the goal he'd have to choose which bills to pay. So at not even 50% of the goal, you'd think he'd be a bit more worried about having to choose between losing his house or having the IRS come after him.

im trying to figure out what bills phil can pick and choose. its not like he can pay rent and not electric. he needs both his house and his fkin electric to stream

unless ofc, its all a lie. but phil wouldnt lie would he? hes just so ahnest

 

[The Penultimate Warrior]

im trying to figure out what bills phil can pick and choose. its not like he can pay rent and not electric. he needs both his house and his fkin electric to stream

unless ofc, its all a lie. but phil wouldnt lie would he? hes just so ahnest

I believe him, you'd have to be some sort of brain dead moron to think that he was paid by twitch and the entire thing was a scam to see how much he could squeeze out of his fanbase.

 

[Satoi]

Did we seriously go from "he's walking off scott-free" to "I wonder how much money he'll have to pay" on this wild ride?

 

[UncleTusky]

I just realized this is wrong. MidFirst already did ask the bankruptcy court for a relief from stay, which was granted (Entry 107.0 on the docket). This permits them to take collection actions against Phil that would otherwise have been prohibited on account of the discharged debt.

EDIT: Which I assume includes asking for their fucking money.

This does not include, to steal your phrase, "asking for their fucking money". The motion to lift the stay let them proceed with the foreclosure despite the ongoing bankruptcy. What it did not do was give their claim automatic special status where it could not be discharged, and the motion became moot when Phil got his bankruptcy discharge without any objections from creditors. Whatever happens in the foreclosure suit now will be identical to what would have happened without the lifting of the stay.

MidFirst's behavior for this entire trial has been very strange and I don't understand some of what they did. Phil intended to surrender the property in bankruptcy, so there was never a world where they couldn't get it - either he got his bankruptcy and voluntarily surrendered it, or he didn't get it and the foreclosure could go ahead. A motion to lift the stay would have made sense if they wanted to get around bankruptcy protections but they promptly blew any legal privileges they had there when they did nothing for months on end. This goes double for a very simple (legally speaking) case.

 

[white gorilla glue]

Did we seriously go from "he's walking off scott-free" to "I wonder how much money he'll have to pay" on this wild ride?

everytime i want to go on a hiatus you buttholes pull me right back

 

[Iron Hamster]

MidFirst needs to both 1) determine that chasing down the debt is worth their time (which they probably deem unlikely due to DSP being bankrupt) and 2) argue, successfully that the deficiency isn't covered by the bankruptcy (no idea if there's any kind of legal precedent for this).

There's too much in the way in order for this to affect DSP negatively.

False. They would just attach a lien to the wakando.

 

[BallBuster]

At this point, Midfirst are going to take as much as they can, they put too much effort in this case already.

What I wonder is how far they are allowed to travel into Phil's financials since they were given a more or less free pass from the bankruptcy.

The obvious course of action is a lien on the Wahkhando, but are they allow to garnish his incoming paypal tips? Can they pull financial records to see what he is making? Are they allow to conduct an audit on his earnings and spendings? We really need a real estate lawyer to answer these questions but I believe this all a possibility.

Here is the kicker, if any of this is possible and ends up happening, like I said a day ago, he can kiss his bankruptcy goodbye once they find out how he lied through his teeth.

 

[AnOminous]

MidFirst already did ask the bankruptcy court for a relief from stay, which was granted (Entry 107.0 on the docket). This permits them to take collection actions against Phil that would otherwise have been prohibited on account of the discharged debt.

No, this was just a relief from the automatic bankruptcy stay, which is a blanket stay on all existing proceedings in federal and state court, and stops initiating new ones. Lifting the stay only allowed them to continue pursuing foreclosure and, presumably, any related proceedings like pursuing a deficiency judgment, which they were not then entitled to. They were granted the stay before the discharge.

100k is big enough to put up a stink

That's what I thought about Citibank and BoA. They were into him for nearly $100k and they didn't do shit and didn't even challenge his obviously ludicrous bullshit.

 

[King of Not Playing Games]

This does not include, to steal your phrase, "asking for their fucking money". The motion to lift the stay let them proceed with the foreclosure despite the ongoing bankruptcy. What it did not do was give their claim automatic special status where it could not be discharged, and the motion became moot when Phil got his bankruptcy discharge without any objections from creditors. Whatever happens in the foreclosure suit now will be identical to what would have happened without the lifting of the stay.

MidFirst's behavior for this entire trial has been very strange and I don't understand some of what they did. Phil intended to surrender the property in bankruptcy, so there was never a world where they couldn't get it - either he got his bankruptcy and voluntarily surrendered it, or he didn't get it and the foreclosure could go ahead. A motion to lift the stay would have made sense if they wanted to get around bankruptcy protections but they promptly blew any legal privileges they had there when they did nothing for months on end. This goes double for a very simple (legally speaking) case.

I think I understand.

Well, he did intend to surrender the property, but I'm not sure that was ever communicated to anyone actually involved in the case. We happen to know that because he talked about it on stream, but he failed to appear and failed to plead, so maybe this was just a guard rail for them against potential fuckery.

 

[BlackDragoons]

you seem to forget this is a bank we are talking about. they make a lot of money by going after these pennies

They would fleece there own Grandmother for five fucking dollars. If you actually believe they'll let a thousand dollars thats legally there's your out of your mind.

 

[actually]

They would fleece there own Grandmother for five fucking dollars. If you actually believe they'll let a thousand dollars thats legally there's your out of your mind.

None of the creditors owed $140k+ contested his bankruptcy. Some were owed well more than $10k.

 

[AnOminous]

They would fleece there own Grandmother for five fucking dollars. If you actually believe they'll let a thousand dollars thats legally there's your out of your mind.

Bitch, we watched these idiots let this asshole cheat them out of tens of thousands of dollars in his bankruptcy and they didn't do DICK.

 

[Filthy Greenskin]

They would fleece there own Grandmother for five fucking dollars. If you actually believe they'll let a thousand dollars thats legally there's your out of your mind.

The amount of time and effort required to get blood from a stone is what is a dealbreaker for most of them. Yes, they're predatory and mostly betting that people will pay them back most of the time but someone like Phil who has little in the way of free cash or assets (so he says) would need hours of lawyer time to dig through his shitty accounting, find any money there is to try and claim back and hope that the judgements fall your way on trying to get anything out of wrangling with someone who has pissed away all their money. It's easier for them to cut their losses than gamble more money in hopes of getting back some of it.

 

[Balr0g]

Bitch, we watched these idiots let this asshole cheat them out of tens of thousands of dollars in his bankruptcy and they didn't do DICK.

I would assume that most of those creditcard companies made more then enough money of off Phil's interests that they just shrugged when the bankruptcy finally happened. Imho is Phil the ideal customer thwy could ask for him paying the minimum plus interest is making them bank

 

[BlackDragoons]

None of the creditors owed $140k+ contested his bankruptcy. Some were owed well more than $10k.

Bitch, we watched these idiots let this asshole cheat them out of tens of thousands of dollars in his bankruptcy and they didn't do DICK.

The amount of time and effort required to get blood from a stone is what is a dealbreaker for most of them. Yes, they're predatory and mostly betting that people will pay them back most of the time but someone like Phil who has little in the way of free cash or assets (so he says) would need hours of lawyer time to dig through his shitty accounting, find any money there is to try and claim back and hope that the judgements fall your way on trying to get anything out of wrangling with someone who has pissed away all their money. It's easier for them to cut their losses than gamble more money in hopes of getting back some of it.

Yeah, but this also depends of Phil. Phil is not defending himself in the court. At this rate Midfirst will get what they want and the only thing Phil will do is cry about it and say "There was nothing I could do, i did everything right."