Philip P. Burnell (20-10323) -

Jerkov

kiwifarms.net
So in regards with having to produce the past six months of paypal transactions is it possible for the trustee to get it directly from PayPal through say a writ or subpoena?
Per the User Agreement:
"If we are notified of a court order or other legal process (including garnishment or any equivalent process) affecting you, or if we otherwise believe we are required to do so in order to comply with applicable law or regulatory requirements, we may be required to take certain actions, including holding payments to/from your PayPal account, placing a reserve or limitation on your PayPal account, or releasing your funds. We will decide, in our sole discretion, which action is required of us. Unless the court order, applicable law, regulatory requirement or other legal process requires otherwise, we will notify you of these actions. We do not have an obligation to contest or appeal any court order or legal process involving you or your PayPal account. When we implement a hold, reserve or limitation as a result of a court order, applicable law, regulatory requirement or other legal process, the hold, reserve or limitation may remain in place longer than 180 days."

Doesn't specifically mention records but I think it's heavily implied "we'll do whatever a court asks us with your account, no questions asked".
 

Ex Cummunicated Sasser HD

Sláinte!!!
kiwifarms.net
So in regards with having to produce the past six months of paypal transactions is it possible for the trustee to get it directly from PayPal through say a writ or subpoena?
Don't know how it works in the US, but in the UK, yes definitely. In fact anything over £2300 in total moved either way in one year is public record for the tax man, and you have to agree to this... I'm sure it's similar in the US...

edit: Beaten, and more relevant answer... ↑
 
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Kosher Dill

Potato Chips
True & Honest Fan
kiwifarms.net
Citi just sells debt to randos I suppose?
My half-assed googling suggests that this hasn't been the case since the 2008 crisis, and now credit card companies generally require you to be reputable (as debt collectors go) if you want to buy their distressed debt.

I'm also not sure why Citibank would even want to sell Phil's debt, when they've already made their money back many times over and every further minimum payment they get is almost pure profit. So what if he doesn't pay for a few months?

So in regards with having to produce the past six months of paypal transactions is it possible for the trustee to get it directly from PayPal through say a writ or subpoena?
The trustee isn't the court and can't issue writs. But she has a bigger gun in her arsenal: she can just say to Phil "Give me the records or this bankruptcy is toast and I'll throw you to your hungry creditors."
 

Martys_not_smarty

You don't know what hard times are daddy.
kiwifarms.net
But she has a bigger gun in her arsenal: she can just say to Phil "Give me the records or this bankruptcy is toast and I'll throw you to your hungry creditors."
Fuck that's even better, he can't willfully ignore her request then so he was supposed to produced those records yesterday has anyone heard is that is true?
 

Kosher Dill

Potato Chips
True & Honest Fan
kiwifarms.net
Fuck that's even better, he can't willfully ignore her request then so he was supposed to produced those records yesterday has anyone heard is that is true?
Absolutely nothing in the court system (or pseudo-court system) runs on a same-day deadline. As long as Phil submits the information in some reasonable timeframe he'll be fine.

Well, you know, fine until they read it :lol:
 

SoapQueen1

speed bump, failed business, retired tism wrangler
True & Honest Fan
Retired Staff
kiwifarms.net
It wasn't pointed out here, but it should be. DSP admitted during his 341 meeting that he realized he was insolvent in mid-2019 and continued to spend his creditors' money through October 2019 when his attorney told him to stop. That's technically six months of credit that should not be dischargeable.
 

AnOminous

Really?
True & Honest Fan
Retired Staff
kiwifarms.net
It wasn't pointed out here, but it should be. DSP admitted during his 341 meeting that he realized he was insolvent in mid-2019 and continued to spend his creditors' money through October 2019 when his attorney told him to stop. That's technically six months of credit that should not be dischargeable.
Any taxes he paid on credit are also non-dischargeable.
 

DragoonSierra

kiwifarms.net
It wasn't pointed out here, but it should be. DSP admitted during his 341 meeting that he realized he was insolvent in mid-2019 and continued to spend his creditors' money through October 2019 when his attorney told him to stop. That's technically six months of credit that should not be dischargeable.
I thought he said he stopped spending though any lines of credit.
 

I can't imagine

kiwifarms.net
Do you have any idea what he might have bought during that period? I assume some of that will be on WWE Champions.
I would suspect that some of his tax payments would have wound up on his lines of credit. Though they're not dischargeable anyway, so that wouldn't matter.

Otherwise? Could be anything. Groceries, utility bills, digital pictures of wrestlers.... He's got a lot of unsecured debt, some of it's bound to have been during that 6 month window.
 

AnOminous

Really?
True & Honest Fan
Retired Staff
kiwifarms.net
I would suspect that some of his tax payments would have wound up on his lines of credit. Though they're not dischargeable anyway, so that wouldn't matter.
Most people who pull that particular stunt find that little fact out for the first time when they try to pull bankruptcy on the credit card bills they racked up paying their taxes, thinking they just pulled a fast one. I think all the pigroaches who try that think they're the first ones who had the idea or something.
 

Iron Hamster

Calculated chaos
kiwifarms.net
Most people who pull that particular stunt find that little fact out for the first time when they try to pull bankruptcy on the credit card bills they racked up paying their taxes, thinking they just pulled a fast one. I think all the pigroaches who try that think they're the first ones who had the idea or something.
Unless a card company points that out, how is trustee going to know?
 

AnOminous

Really?
True & Honest Fan
Retired Staff
kiwifarms.net
Unless a card company points that out, how is trustee going to know?
"Internal Revenue Service" isn't something you miss. And why wouldn't a card company point that out? The trustee gets a percentage of whatever they save for the creditors and the card companies don't want to just lose tens of thousands of dollars either.
 

twattycake

True & Honest Fan
kiwifarms.net
It's more or less a foregone conclusion that they get the stay lifted, even if it hasn't yet happened. I'd anticipate by the end of the week it will be signed. The judge might cross out or add stuff, though.
It's been signed as-is, not even editorial changes.

More importantly, the State Department of Revenue is pursuing him for $312.68 in back taxes he did not declare in the filing while Citibank is filing a counterclaim (not a lawyer but this second claim would probably trigger a 2004 hearing?) for $37.995.54.

 
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