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

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

  • Yes

    Votes: 79 53.4%
  • No

    Votes: 69 46.6%

  • Total voters
    148

PutridElephant

Lazy automated restreamer
kiwifarms.net

tzgnilki

kiwifarms.net
possible sequence of events

have found 2 cases where this guy was representing creditors and later responsible for dismissing bankruptcy cases so creditors can foreclose/repossess/collect, one example below

5 days after an electronic request was filed, a motion for relief is submitted, which lets creditors proceed with collections

then 5 days later bankruptcy was dismissed

source

01EE7701-018C-4C88-AACF-63BC53090EB6.jpeg

edit: @SoapQueen1 has looked into this specific case snd bankruptcy wasn't dismissed due to anything this specific lawyer did

post here
 
Last edited:

James Smith

True & Honest Fan
Retired Staff
kiwifarms.net
then 5 days later bankruptcy was dismissed
It was dimissed because the debtor didn't file the required paperwork, not because of anything the attorney did.

Interesting tidbit from the motion for relief:
Under 11 U.S.C. 362(d)(2), on request of a party in interest, the court shall grant relief from stay if there is no equity in the property and the property is not necessary for an effective reorganization. In the case at bar, after consideration of all liens against the Property including the secured lien of Creditor, the Debtor’s claimed exemptions against the Property, and the costs of liquidation that would be associated with any sale of the Property, there is no equity for the estate. [...]

So they're likely going to do this.

@AnOminous does relief from stay allow them to pursue the deficiency or just the title?
 
Last edited:

AnOminous

But I'm not mad at anyone.
True & Honest Fan
Retired Staff
kiwifarms.net
It was dimissed because the debtor didn't file the required paperwork, not because of anything the attorney did.

Phil won't be able to respond because he has no idea how to respond to such a motion. And he's not covered for adversary proceedings. At the very least he'll have to pay his current lawyer more money even to touch such a thing.

Interesting tidbit from the motion for relief:


So they're likely going to do this.

@AnOminous does relief from stay allow them to pursue the deficiency or just the title?

Whatever the bankruptcy court says. At the very least to continue the foreclosure. Or start it.

Unless this is the Connecticut people hiring Washington counsel, there's no reason to file this unless they plan on instituting proceedings. Either way someone is filing proceedings against Phil that he'll have zero idea how to respond to, little time to respond, and no counsel representing him on it.
 

Kheapathic

It wasn't supposed to hurt this much.
kiwifarms.net
Just got done watching Toad McKinley's video The Monthly Chantal, where he goes over what the Canadian Big Gorl has been doing. In it he mentions how he was right on how much money she spends on food; roughly $600 a month (just like Phil), if you do a mukbang every day (her exact words). We can go ahead and laugh at Phil for being fat and out of shape; but neither he nor Kat are morbidly obese, nor do they mukbang. Nothing concrete, but it pretty much proves that there's very little cooking going on in that home. Everything is restaurants, fast food, or frozen; as much as he loves to say he or Kat are cooking.
 

h0g

kiwifarms.net
He chose this when he could have just sold his home. It's so crazy like Onision.

But dood I couldn't sell that old condo, NOBODY would buy it! It's in a shitty part of town! My dying aunt wanted to live there! It wasn't worth HALF of what I bought it for! It's not like I had the opportunity to pay it off outright and pissed away all my money on expensive action figures and a BMW!
 

actually

Local Moderator
True & Honest Fan
kiwifarms.net
As first noted by @drgnkiller, MidFirst has filed for a stay in their foreclosure case due to Phil's bankruptcy. Document is attached.

@AnOminous and @SoapQueen1, I'm assuming this is just the expected document to put the foreclosure on hold until the bankruptcy stuff is sorted?
 

Attachments

  • Foreclosure_Stay.pdf
    43.2 KB · Views: 88
  • Thunk-Provoking
Reactions: MoonRocker

AnOminous

But I'm not mad at anyone.
True & Honest Fan
Retired Staff
kiwifarms.net
As first noted by @drgnkiller, MidFirst has filed for a stay in their foreclosure case due to Phil's bankruptcy. Document is attached.

They've just done what conscientious counsel do and filed a notice of it. They don't actually want a stay. That's the last thing they want. They're just living up to their legal obligations not to proceed with the stay in place.
 

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