[26 May 2021] Midfirst Bank Court Hearing - Another day off? I can’t handle this dood! I need dat money!

[TheGoutburglar]

Yeah, that makes sense looking back. Which is probably the same thing a lot of us will say when he gets out of paying awarded court fees.

I would expect him to have to actually fight in order to get out of it. I mean he wasn't getting his debt wiped away without at least filing for bankruptcy and going through everything that wound up entailing. Shouldn't have ended the way it did, but he still did more there than he has done in this case.

Looking at it in that moment, though, it seemed like at least one of them would have known what a streamer is and wanted a deeper dive into how a relatively obscure one was spending that much money on it. Especially if they pulled up Twitch or YouTube to actually watch Phil. Or hell, even said, "Huh, you make $10,000 a month with $5,000 personal expenses and $5,000 business expenses. That's suspiciously convenient."

You ever seen the articles some websites publish about the big-time streamers? Talking about them making millions of dollars? The kinds of normies who run banks don't often enough bother to check how accurate that shit is, or the difference in streamers. Kind of like a lot of folks who assume pretty much anybody in movies is richer than they usually are.

It's not like it matters, anyway. Even if Midfirst can compel him to pay the fees and he doesn't pigroach his way out of it, some sped will roll in and give him the money.

I don't know, he failed miserably with that Mass Effect stream that was supposed to bring in $3k, and that was with arrangements clearly having been made beforehand, given his chipper mood at the start, which only faded away after it became clear that his whalechairs had failed him.

 

[Rainyday Hedge Fund]

I have no law experience but the document made it seem he is definitely on the hook for the 4k+ in fees but also possible for the 23k deficiency once it changes hands to Midfirst. I know he had the bankruptcy but didn't Midfirst try to separate the CT Khando from his other debts? animous will hopefully be able to help. BTW can we all assume he won't hire anyone or reach out for the July stuff?

 

[Hrothgar]

I would expect him to have to actually fight in order to get out of it. I mean he wasn't getting his debt wiped away without at least filing for bankruptcy and going through everything that wound up entailing. Shouldn't have ended the way it did, but he still did more there than he has done in this case.

That's my thought, too, but who knows when it comes to DSP?

You ever seen the articles some websites publish about the big-time streamers? Talking about them making millions of dollars? The kinds of normies who run banks don't often enough bother to check how accurate that shit is, or the difference in streamers. Kind of like a lot of folks who assume pretty much anybody in movies is richer than they usually are.

That's actually what made me think that. A normie hears that Ninja or Shroud or Dr. Disrespect or... ok, those are the only names I know and that's from those kinds of articles... is spending that much, then it's "What, that's all?" With Phil, it's either "Who the fuck is that?" or "It's the guy! It costs five grand a month to jerk off on stream?"

I don't know, he failed miserably with that Mass Effect stream that was supposed to bring in $3k, and that was with arrangements clearly having been made beforehand, given his chipper mood at the start, which only faded away after it became clear that his whalechairs had failed him.

Either way, we'll hopefully at least get a couple of days of wild stimming and pissbaby rage out of it.

 

[TankMelee]

I have no law experience but the document made it seem he is definitely on the hook for the 4k+ in fees but also possible for the 23k deficiency once it changes hands to Midfirst. I know he had the bankruptcy but didn't Midfirst try to separate the CT Khando from his other debts? animous will hopefully be able to help. BTW can we all assume he won't hire anyone or reach out for the July stuff?

(not even an Internet lawyer)
Until the court orders a deficiency payment I'll assume he got away with it. The stay from the automatic hold wasn't to exempt the property from the bankruptcy, but to pursue collection efforts despite it, which would let them sieze the property but presumably not include a deficiency if the bankruptcy were granted.

 

[Rainyday Hedge Fund]

(not even an Internet lawyer)
Until the court orders a deficiency payment I'll assume he got away with it. The stay from the automatic hold wasn't to exempt the property from the bankruptcy, but to pursue collection efforts despite it, which would let them sieze the property but presumably not include a deficiency if the bankruptcy were granted.

That sounds about right too lol. Just day dreaming a bit.

 

[PieceofShet]

I really hate how conplicated this is. The law should be straight forward, no? If A happens, B is consequence... but the whole time, everyone is like guessing.

Like... In the bankruptcy papers there was a question "are you under any foreclose thingy" which he said no... I dont get it, fuck the laws.

 

[FriendlyPrimarina]

I really hate how conplicated this is. The law should be straight forward, no? If A happens, B is consequence... but the whole time, everyone is like guessing.

Like... In the bankruptcy papers there was a question "are you under any foreclose thingy" which he said no... I dont get it, fuck the laws.

Apparently (((lawyers))) used to bill by the word.

 

[JPG]

I really hate how conplicated this is. The law should be straight forward, no? If A happens, B is consequence... but the whole time, everyone is like guessing.

There is a whole profession that relies on the law being complicated.

 

[Balr0g]

I really hate how conplicated this is. The law should be straight forward, no? If A happens, B is consequence... but the whole time, everyone is like guessing.

Like... In the bankruptcy papers there was a question "are you under any foreclose thingy" which he said no... I dont get it, fuck the laws.

As they say in my homeland "On the high seas and in the courts you are in god's hand"

 

[Schmeckel]

I have no law experience but the document made it seem he is definitely on the hook for the 4k+ in fees but also possible for the 23k deficiency once it changes hands to Midfirst. I know he had the bankruptcy but didn't Midfirst try to separate the CT Khando from his other debts? animous will hopefully be able to help. BTW can we all assume he won't hire anyone or reach out for the July stuff?

Paging @AnOminous

 

[Iron Hamster]

There is a whole profession that relies on the law being complicated.

begruptcy streamers?

 

[Martys_not_smarty]

Well from what the documents show we got two things for certain 1. he's on the hook for $4300 in appraisal, legal and title fees and 2. he's getting called out on July 27th to resolve this matter in court. NEW DETRACTOR IDEA: Troll his chat with usernames associated with the judge and law offices of McCalla, Raymer, Leibert and Pierce. "we got a four dollar and sixty five cent superchat from someone named Walter Spader saying see you in July Philly boy'.

 

[PieceofShet]

Well from what the documents show we got two things for certain 1. he's on the hook for $4300 in appraisal, legal and title fees and 2. he's getting called out on July 27th to resolve this matter in court. NEW DETRACTOR IDEA: Troll his chat with usernames associated with the judge and law offices of McCalla, Raymer, Leibert and Pierce. "we got a four dollar and sixty five cent superchat from someone named Walter Spader saying see you in July Philly boy'.

Pls dont. Dont give him money.

 

[Martys_not_smarty]

Pls dont. Dont give him money.

I'm giving him fuck all, hell nobody give him money just create sock puppet accounts with the law office names and the judge. I just used that number as a representation of a hundredth of what we know he has to pay, what would be even funnier is if he streams that day and no shows the hearing.

 

[Freshtodeath]

imagine midfirst lawyer talking about phil. "Alright let's nail this ugly bastard for every cent"

 

[AnOminous]

Paging @AnOminous

Tbh we've mostly already discussed these issues and the specifically interesting one, I don't know the answer to, and that is whether they can go after the deficiency. It looks like they are planning on trying. It's pretty obvious that he's on the hook for the HOA fees, those accrued after the bankruptcy, so the only ones discharged would be the ones he listed.

The issue with the deficiency is the underlying debt obviously precedes the bankruptcy, and was secured (not entirely) by the value of the property, but the right to demand the value of the deficiency doesn't accrue until after foreclosure, so I'd assume MF is going to argue that this is the actual debt, it didn't come into existence until after the foreclosure, and therefore, they can pursue it despite the bankruptcy.

I don't know whether this is a valid argument, whether they have a better one, or they're pulling a fast one. My personal favorite funniest outcome is they're actually completely full of shit but win anyway because pigroach just doesn't respond and ends up with a nice new fat lien on the Wakahndo.

 

[Rainyday Hedge Fund]

Paging @AnOminous

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Love you Schmeckel....this gave me a good laugh and almost spit my coffee out lol. I do also agree with @TankMelee about what will most likely happen. The 4k fees seems a definite owed charge at least. I would love to hear from someone that is familiar with docs such as these. I know the luck meme but have never seen someone dodge so much responsibility that was completely his doing. With no lessons he'll waste all money on gin,food, and gacha....even with this lesson, he'd probably be doing those things just be in a tighter spot and get to see him squirm more. The begging for home payments and jasper's food would be epic.

Edit: Was still writing before An0minous posted. It'd be funny if they go for the 23k(not holding my breath) but think the next court date is late July and if Dave doesn't respond(we know he won't lol) MidFirst takes the property. Things that happen after July will be really interesting IF Midfirst tries for the deficiency.

 

[Wurstbrot]

imagine midfirst lawyer talking about phil. "Alright let's nail this ugly bastard for every cent"

And one of his colleagues happens to be familiar with DSP, explaining some facts to him.

MidFirst Lawyer: *spits out coffee*
He makes HOCH MUCH a month?

Then gets corrected.

MidFirst Lawyer: *spits out coffee* Waitaminute, every WEEK?

 

[Malcolm Tucker]

Is it safe to assume that whatever lawyer the bank is using would suggest going after the deficiency purely as it would mean more billable hours for them?

 

[Iron Hamster]

2. he's getting called out on July 27th to resolve this matter in court.

Hopefully to explain, with video evidence, how he knew he was in financial trouble long before he filed begruptcy and did nothing to rectify it, said fuck you I'm not paying, and filed anyway.