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I guess we need a thread on this.
Scroll down for updated information in chronological order
- Mirror of the bankruptcy segment of January 16, 2020's early stream, where DSP reveals to the public he's in the process of filing for bankruptcy:
- Very brief summary:
- basically all information about the foreclosure [thread] is confirmed to be correct (mortgage company is selling the home, probably for tens of thousands of dollars less than what DSP still owes on it)
- to get rid of his debts and save his Renton house, DSP is filing for bankruptcy
- might have to sell possessions, but "important" possessions (consoles, streaming equipment, the car etc.) should be safe, according to DSP('s bankruptcy lawyer)
- once the bankruptcy is in full effect, (most of) DSP's financial information will be publicly available
- Lengthier summary, courtesy of @Prince Lotor:
- @SoapQueen1's estimations of DSP's options from the "Foreclosure" thread, including Bankruptcy and its details:
www.nolo.com
www.nolo.com
www.nolo.com
-UPDATE- February 3, 2020
A '341(a) Meeting of Creditors' has been scheduled for March 5, 2020, at 10:00 AM:
Useful links:
- Kiwi Farms thread dedicated to DSP's 341 Meeting of Creditors
- https://www.docketbird.com/court-cases/Philip-P-Burnell/wawb-2:2020-bk-10323 (shows current docket information for the case)
- Kiwi Farms thread dedicated to the CT condo foreclosure procedure
-UPDATE- March 26-April 1, 2020
The 341 Meeting of Creditors took place and was streamed live on Twitch and recorded. The court released their recording as well within a week:
Useful links:
- Kiwi Farms thread dedicated to discussion on the 341 Meeting of Creditor('s recording)
- the Twitch channel that originally live-streamed the meeting
Confirmation from user actually:
After fighting with a "Detractor" on Twitter, claiming that none of what came out during the bankruptcy call "is bad for me at all", Phil's case was updated. He is now being investigated by the trustee:
(source = https://tw.tinf.io/ChrisLoneWolf95/status/1244787025934344195)
(https://tw.tinf.io/TheyCallMeDSP/status/1244788669585616896)
From @PutridElephant
(link = https://www.docketbird.com/court-cases/Philip-P-Burnell/wawb-2:2020-bk-10323)
-UPDATE- April 13, 2020
It was confirmed that DSP's bankruptcy filing has been turned into a so-called 'asset case':
What is a Chapter 7 asset case?
If you file Chapter 7 bankruptcy and are in possession of assets that are not exempt, the trustee is empowered to sell them and distribute the money among the creditors.
-UPDATE- April 24, 2020
The bankruptcy petition was amended to include personal assets previously unlisted, valued at $2700. These were then put on the exemptions list so they can't be sold by the trustee to pay off creditors, if the bankruptcy is approved.
www.courtlistener.com
The amended section has been attached below as 'Bankruptcy Petition (amended property and exemptions April 24, 2020).pdf'.
The corresponding document has been attached below as 'Debtor discharge (20-10323-TWD-24).pdf'.
Scroll down for updated information in chronological order - Mirror of the bankruptcy segment of January 16, 2020's early stream, where DSP reveals to the public he's in the process of filing for bankruptcy:
- Very brief summary:
- basically all information about the foreclosure [thread] is confirmed to be correct (mortgage company is selling the home, probably for tens of thousands of dollars less than what DSP still owes on it)
- to get rid of his debts and save his Renton house, DSP is filing for bankruptcy
- might have to sell possessions, but "important" possessions (consoles, streaming equipment, the car etc.) should be safe, according to DSP('s bankruptcy lawyer)
- once the bankruptcy is in full effect, (most of) DSP's financial information will be publicly available
- Lengthier summary, courtesy of @Prince Lotor:
[Text removed due to reaching the character limit - click here for the original post and text]
- @SoapQueen1's estimations of DSP's options from the "Foreclosure" thread, including Bankruptcy and its details:
[Text removed due to reaching the character limit - click here for the original post and text]
-UPDATE- January 18, 2020
(added by actually) General information on and differences between types of bankruptcy (Chapter 7, 13 etc.):
(added by actually) General information on and differences between types of bankruptcy (Chapter 7, 13 etc.):
How to File Bankruptcy in Washington State
Learn how to find some of the information you will need when filing for bankruptcy in Washington state.
www.nolo.com
What Are the Differences Between Chapter 7 and Chapter 13 Bankruptcy?
Chapter 7 and 13 bankruptcy each offer different benefits to filers. Check out our handy table listing the differences between Chapter 7 and Chapter 13 bankruptcy.
www.nolo.com
Washington Bankruptcy Exemptions
The Washington bankruptcy exemptions help you protect your property in bankruptcy. Get the details.
www.nolo.com
The means test measures your income and debt. The outcome will determine which chapter you’ll need to file to discharge (erase) debt.
- Chapter 7 bankruptcy. If your household income is lower than the median income of your state, you can receive a discharge in a Chapter 7 case. If it’s higher, you might still pass the means test after subtracting allowed expenses. If you qualify for Chapter 7 but want to take advantage of benefits only afforded in Chapter 13—such as catching up on a home loan—then you can pay into a three-year Chapter 13 plan, rather than a five-year plan.
- Chapter 13 bankruptcy. If your income exceeds the Chapter 7 limits, your bankruptcy options will be limited to paying into a five-year Chapter 13 repayment plan. But doing so isn’t automatic. You must have enough income to pay all required debts. Determining your Chapter 13 bankruptcy payment requires a calculation similar to that in Chapter 7. You’ll pay whichever is greater: your disposable income, the value of your nonexempt property, or the amount of your nondischargeable debt (such as support obligations and tax debt).
Here's what will happen to nonexempt property (things you can’t protect with an exemption):
The homestead exemption protects up to $125,000 of equity in a debtor’s home or principal residence, including a manufactured or mobile home. The exemption is reduced to $15,000 for other personal property used as a residence. (RCW §§ 6.13.010, 6.13.020, 6.13.030.)
Washington Motor Vehicle Exemption
A debtor can exempt up to $3,250 in one motor vehicle. Spouses filing jointly can each exempt a vehicle. (RCW § 6.15.010(1)(d)(iii).)
Washington Wildcard Exemption
A filer can exempt up to $3,000 worth of any type of personal property other than wages with the following limitations: no more than $1,500 total in cash, $500 for bank accounts, and $2,500 toward educational loans. (RCW § 6.15.010(1)(d)(ii).)
Washington Tools of the Trade Exemption
A debtor can exempt up to $10,000 in tools, instruments, and materials used to carry on his or her trade. Special exemptions are available for farmers, physicians, attorneys, and clergymen. (RCW § 6.15.010(1)(e)(i)-(iii).)
- In a Chapter 7 bankruptcy, the trustee appointed to manage your matter will sell any nonexempt property and distribute the proceeds to creditors according to the bankruptcy payment rules.
- By contrast, you can keep all of your property in a Chapter 13 bankruptcy. But, there’s a catch. You must pay the nonexempt property value to your creditors through the three- to five-year Chapter 13 repayment plan.
The homestead exemption protects up to $125,000 of equity in a debtor’s home or principal residence, including a manufactured or mobile home. The exemption is reduced to $15,000 for other personal property used as a residence. (RCW §§ 6.13.010, 6.13.020, 6.13.030.)
Washington Motor Vehicle Exemption
A debtor can exempt up to $3,250 in one motor vehicle. Spouses filing jointly can each exempt a vehicle. (RCW § 6.15.010(1)(d)(iii).)
Washington Wildcard Exemption
A filer can exempt up to $3,000 worth of any type of personal property other than wages with the following limitations: no more than $1,500 total in cash, $500 for bank accounts, and $2,500 toward educational loans. (RCW § 6.15.010(1)(d)(ii).)
Washington Tools of the Trade Exemption
A debtor can exempt up to $10,000 in tools, instruments, and materials used to carry on his or her trade. Special exemptions are available for farmers, physicians, attorneys, and clergymen. (RCW § 6.15.010(1)(e)(i)-(iii).)
-UPDATE- JANUARY 31, 2020
DSP has now officially filed for Chapter 7 bankruptcy + analyses by KF members:
DSP has now officially filed for Chapter 7 bankruptcy + analyses by KF members:
As of today, DSP has officially filed for bankruptcy and the bankruptcy forms, which means a lot of DSP's financial information, have become public. You'll find them at the bottom of this OP and in the following post:
Fist analysis of the filled-out forms:
Bankruptcy analysis and FAQ thread:
kiwifarms.net
Got a question you want to see answered and added to the FAQ? Use this thread:
kiwifarms.net
@SoapQueen1 has made a thread in the LLP subforums with discussion of the legal implications:
kiwifarms.net
He filed with the court. I can get documents in a minute or someone else can.
He's counting over $5000 per month of business expenses.
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.
Fist analysis of the filled-out forms:
[Text removed due to reaching the character limit - click here for the original post and text]
Bankruptcy analysis and FAQ thread:
Bankruptcy Analysis and FAQ Thread
(added by actually on Feb 2, 2020) @SoapQueen1 has made an LLP thread specifically for this, so go there to read about the legal implications of the bankruptcy. This thread will just be for information about the submitted documents and any subsequent changes. Not sure what will happen with the...
TL;DR Overview
Phil has filed for bankruptcy as of Jan 31st, 2020. He claims business expenses of approximately $5000 a month (including $9000 in July 2019), which is likely bullshit (see spoilers below). The monthly income estimations have been proven to be extremely accurate, with all months failing within (or very close to the range) of the numbers from the DSP Savings and Loan thread. Kat is confirmed to be working part-time retail, currently at Fred Meyer. Based on reported salary, she's working about 20 hours a week. From the filed documents, it looks like Phil is trying to flat out lie to the court. This is going to be broken down in detail below.
Phil's Debts
Federal Taxes = $15,000 (It's not clear if this is just remaining from 2018, or if this includes an estimation of 2019's federal taxes as well. Presumably it's only 2018.
WA Condo = $227,448.00 (30 year apparently fixed 5% interest; started at $251,750 on May 22nd, 2014; amortization schedule can be calc'd here)
CT Condo = $105,890.00
2017 Toyota Corolla = $14,328.00 (with all of 5000 miles put on it
)
American Express CC = $1,128.00
American Express CC = $6,422.00
Bank of America = $26,038.00
BMW Bank of North America = $2,741.00
Capital One CC = $10,751.00
Chase CC = $14,100.00
CitiBank CC = $8,508.00
Citibank CC = $13,885.00
Citibank = $15,601.74
Discover CC = $10,053.00
Lending Club Corporation = $9,397.00
Prosper Marketplace, Inc. = $4,355.00
SYNCB/Sam's = $3,819.00
US Bank = $4,751.54
Total CC/Loan Debt = $131,550.28
All Debt = $479888.28
Phil has filed for bankruptcy as of Jan 31st, 2020. He claims business expenses of approximately $5000 a month (including $9000 in July 2019), which is likely bullshit (see spoilers below). The monthly income estimations have been proven to be extremely accurate, with all months failing within (or very close to the range) of the numbers from the DSP Savings and Loan thread. Kat is confirmed to be working part-time retail, currently at Fred Meyer. Based on reported salary, she's working about 20 hours a week. From the filed documents, it looks like Phil is trying to flat out lie to the court. This is going to be broken down in detail below.
Phil's Debts
Federal Taxes = $15,000 (It's not clear if this is just remaining from 2018, or if this includes an estimation of 2019's federal taxes as well. Presumably it's only 2018.
WA Condo = $227,448.00 (30 year apparently fixed 5% interest; started at $251,750 on May 22nd, 2014; amortization schedule can be calc'd here)
CT Condo = $105,890.00
2017 Toyota Corolla = $14,328.00 (with all of 5000 miles put on it
)American Express CC = $1,128.00
American Express CC = $6,422.00
Bank of America = $26,038.00
BMW Bank of North America = $2,741.00
Capital One CC = $10,751.00
Chase CC = $14,100.00
CitiBank CC = $8,508.00
Citibank CC = $13,885.00
Citibank = $15,601.74
Discover CC = $10,053.00
Lending Club Corporation = $9,397.00
Prosper Marketplace, Inc. = $4,355.00
SYNCB/Sam's = $3,819.00
US Bank = $4,751.54
Total CC/Loan Debt = $131,550.28
All Debt = $479888.28
Got a question you want to see answered and added to the FAQ? Use this thread:
DSP Bankruptcy Questions
I'm trying to organize this Category 6 'tism hurricane so we can have easily read information available. Accordingly, I'm making this thread for bankruptcy questions. Thread rules: 1) Questions only. No comments, responses to other questions, etc. 2) Try and avoid repeats. If you want to add...
@SoapQueen1 has made a thread in the LLP subforums with discussion of the legal implications:
Philip P. Burnell (20-10323)
DarksydePhil / TheyCallMeDSP / Phil Burnell declared bankruptcy under Chapter 7 on January 31, 2020 two weeks after announcing he was in the process of doing so. The filings with the court can be seen and downloaded here. The documents are also attached. Under Chapter 7 a person with less than...
-UPDATE- February 3, 2020
A '341(a) Meeting of Creditors' has been scheduled for March 5, 2020, at 10:00 AM:
A 341(a) Meeting of Creditors gives both the court and creditors the chance to question the debtor about information provided in the bankruptcy filings. This all happens under oath.
Examples of how 341(a) Meetings are conducted in general:
- 341(a) Meeting script
http://www.chi13.com/Web/341script.html
- 341(a) Meeting recording
Note: DSP's meeting could be (slightly) different, but the examples above should give a good impression of the general idea.
Nick Rekieta discusses the 341 meeting as it relates to Phil:
Examples of how 341(a) Meetings are conducted in general:
- 341(a) Meeting script
http://www.chi13.com/Web/341script.html
- 341(a) Meeting recording
Note: DSP's meeting could be (slightly) different, but the examples above should give a good impression of the general idea.
Nick Rekieta discusses the 341 meeting as it relates to Phil:
-UPDATE- March 23, 2020
The 341 Meeting of Creditors was rescheduled, changed to a conference call,
and MidFirst Bank filed for a Relief from Stay on the CT condo mortgage:
The 341 Meeting of Creditors was rescheduled, changed to a conference call,
and MidFirst Bank filed for a Relief from Stay on the CT condo mortgage:
Useful links:
- Kiwi Farms thread dedicated to DSP's 341 Meeting of Creditors
- https://www.docketbird.com/court-cases/Philip-P-Burnell/wawb-2:2020-bk-10323 (shows current docket information for the case)
- Kiwi Farms thread dedicated to the CT condo foreclosure procedure
1. DSP's 341 Meeting of Creditors that was scheduled for March 5, 2020 was rescheduled at the request of his attorney because she was sick:
2. The 341 Meeting was then rescheduled for March 26, 2020 at 10:30 AM:
3. the 341 Meeting was then changed to be conducted through telephone, probably due to the Corona virus situation, but still at March 26, 2020 at 10:30 AM:
The full document with its original name is attached in the post quoted above, and can be found attached below this OP as "341 Meeting to be held over telephone at March 26 2020.pdf".
4. On March 16, 2020, MidFirst Bank files a Support of Motion for Relief from Stay for the CT condo, in order to still be able to proceed with the foreclosure and possibly sue DSP for the difference between the sum they get for selling the condo (plus potential extra expenses made) and what DSP still owes on the mortgage:
5. There will be a hearing regarding MidFirst Bank's motion on April 10, 2020 at 9:30 AM at the US Bankruptcy Court in Seattle:
The corresponding documents (five of them) of MidFirst Bank's filing of the Motion for Relief from Stay can be found in the 2nd quote above, and attached below this OP as "14.pdf", "14-1.pdf", "14-2.pdf", "15.pdf" and "15-1.pdf".
6. Rekieta Law ran through MidFirst Bank's motion as an update to DSP's bankruptcy filing:
2. The 341 Meeting was then rescheduled for March 26, 2020 at 10:30 AM:
3. the 341 Meeting was then changed to be conducted through telephone, probably due to the Corona virus situation, but still at March 26, 2020 at 10:30 AM:
The full document with its original name is attached in the post quoted above, and can be found attached below this OP as "341 Meeting to be held over telephone at March 26 2020.pdf".
4. On March 16, 2020, MidFirst Bank files a Support of Motion for Relief from Stay for the CT condo, in order to still be able to proceed with the foreclosure and possibly sue DSP for the difference between the sum they get for selling the condo (plus potential extra expenses made) and what DSP still owes on the mortgage:
5. There will be a hearing regarding MidFirst Bank's motion on April 10, 2020 at 9:30 AM at the US Bankruptcy Court in Seattle:
The corresponding documents (five of them) of MidFirst Bank's filing of the Motion for Relief from Stay can be found in the 2nd quote above, and attached below this OP as "14.pdf", "14-1.pdf", "14-2.pdf", "15.pdf" and "15-1.pdf".
6. Rekieta Law ran through MidFirst Bank's motion as an update to DSP's bankruptcy filing:
-UPDATE- March 26-April 1, 2020
The 341 Meeting of Creditors took place and was streamed live on Twitch and recorded. The court released their recording as well within a week:
Useful links:
- Kiwi Farms thread dedicated to discussion on the 341 Meeting of Creditor('s recording)
- the Twitch channel that originally live-streamed the meeting
DSP was supposed to be in the 10:30 AM batch of debtors, but was pushed all the way back into another time slot by the trustee because she didn't want to, and I quote, "delay other cases". And boy, what a meeting it was... While most 341 meetings are over within a matter of minutes, DSP's 341 meeting took over 40(!) minutes. Someone claiming to be a debt buyer who bought (some of) DSP's Citibank credit debt streamed the complete meeting on Twitch.
Full recording of the meeting (a video with just the audio so I could embed it here):
An audio-only (.mp3) hard copy of the recording is attached down below as "341 Meeting recording audio only".
On March 28, 2020, Rekieta Law listened to the 341 Meeting's recording and offered his insights:
TL;DR "On a scale of 1-10, how bad did this call go for DSP?" Rekieta Law says: "7/10, could've gone worse. But it really is going to depend on how much the trustee is going to dig into it, or if the creditors more aware".
On April 1, 2020, the official courtroom recording of the meeting's call was released:
Embedded:
A backup copy has been added as an attachment below the OP, named "341 Meeting of Creditors (official courtroom recording).mp4".
Full recording of the meeting (a video with just the audio so I could embed it here):
An audio-only (.mp3) hard copy of the recording is attached down below as "341 Meeting recording audio only".
On March 28, 2020, Rekieta Law listened to the 341 Meeting's recording and offered his insights:
TL;DR "On a scale of 1-10, how bad did this call go for DSP?" Rekieta Law says: "7/10, could've gone worse. But it really is going to depend on how much the trustee is going to dig into it, or if the creditors more aware".
On April 1, 2020, the official courtroom recording of the meeting's call was released:
Embedded:
A backup copy has been added as an attachment below the OP, named "341 Meeting of Creditors (official courtroom recording).mp4".
-UPDATE- March 30-31, 2020
An update from MidFirst Bank:
An update from MidFirst Bank:
Confirmation from user actually:
After fighting with a "Detractor" on Twitter, claiming that none of what came out during the bankruptcy call "is bad for me at all", Phil's case was updated. He is now being investigated by the trustee:
(source = https://tw.tinf.io/ChrisLoneWolf95/status/1244787025934344195)
(https://tw.tinf.io/TheyCallMeDSP/status/1244788669585616896)
From @PutridElephant
(link = https://www.docketbird.com/court-cases/Philip-P-Burnell/wawb-2:2020-bk-10323)
-UPDATE- April 11, 2020
The deadline for the Chapter 7 Trustees Initial Report (April 14), Citibank is trying to make sure they can collect the debt even if the bankruptcy is approved and DSP has unpaid taxes amounting to $300:
The deadline for the Chapter 7 Trustees Initial Report (April 14), Citibank is trying to make sure they can collect the debt even if the bankruptcy is approved and DSP has unpaid taxes amounting to $300:
Deadline:
Citibank:
Unpaid taxes:
Corresponding documents have been added as .pdf attachments (Citibank 1-3, Taxes Amend 1 & 2 and Taxes unamend 1 & 2).
Citibank:
Unpaid taxes:
Corresponding documents have been added as .pdf attachments (Citibank 1-3, Taxes Amend 1 & 2 and Taxes unamend 1 & 2).
-UPDATE- April 13, 2020
It was confirmed that DSP's bankruptcy filing has been turned into a so-called 'asset case':
What is a Chapter 7 asset case?
If you file Chapter 7 bankruptcy and are in possession of assets that are not exempt, the trustee is empowered to sell them and distribute the money among the creditors.
-UPDATE- April 24, 2020
The bankruptcy petition was amended to include personal assets previously unlisted, valued at $2700. These were then put on the exemptions list so they can't be sold by the trustee to pay off creditors, if the bankruptcy is approved.
Amendment – #23 in Philip P Burnell (Bankr. W.D. Wash., 20-10323) – CourtListener.com
Amendment to Schedules A/B/C . Filed by Rochelle Shuffield on behalf of Philip P Burnell. (Shuffield, Rochelle) (Entered: 04/24/2020)
www.courtlistener.com
Just for quicker access for anyone reading, here's the major changes to the filing. Note that he did NOT add the consoles suddenly--the description of the business assets was made more descriptive:
The amended section has been attached below as 'Bankruptcy Petition (amended property and exemptions April 24, 2020).pdf'.
-UPDATE- May 6, 2020
Somehow hell has frozen over, because P.P. Burnell was discharged of most debts.
Somehow hell has frozen over, because P.P. Burnell was discharged of most debts.
The corresponding document has been attached below as 'Debtor discharge (20-10323-TWD-24).pdf'.
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