While there have been no tangible developments over the holidays, it's worth mentioning in passing that if Lloydminster's village buffoon and most famous undischarged bankrupt Patrick Ross thought 2021 was a tough year, he might want to buckle up for 2022 as he's about to experience a whole new level of pain, of which I will provide just one example.
I (and others) have now filed official complaints with the federal Office of the Superintendent of Bankruptcy (OSB) and, come the new year, Patrick is going to learn the hard way how little a sense of humour those people have with respect to bankrupts who so blithely and casually neglect to honour their legal obligations under the bankruptcy regime. But first ... an important side note.
Even though I have had Patrick removed from the protection of bankruptcy and am currently enforcing collection proceedings against him, that does not change the fact that he is still an undischarged bankrupt. What this means is that, even as I will be taking everything he owns for the foreseeable future, he is still technically a bankrupt and, therefore, still legally required to abide by the very strict and unforgiving requirements of Canada's bankruptcy laws ... which is exactly why 2022 is going to be monstrously unpleasant for Patrick.
I refer to the lengthy list of duties here, and in particular to two obligations that Patrick has so dismissively ignored for the last several years.
First, there's this one:
(n.1) inform the trustee of any material change in the bankrupt’s financial situation;
Yeah, I think it's safe to say, Patrick has not done that; in fact, I have been informed that Patrick has not reported in and updated his file (as he is legally required to) since 2015, which is a massive no-no given that any favourable change in a bankrupt's financial status is to not only be reported to his trustee, but any additional assets are to be turned over to said trustee for distribution to the creditors (that is, me). So Patrick is already in a world of trouble for ignoring his duties for the last several years and concealing his income and acquired assets all those years.
But it gets worse when one reads this obligation of Patrick's a bit further down the list (emphasis added):
(p) until his application for discharge has been disposed of and the administration of the estate completed, keep the trustee advised at all times of his place of residence or address.
Oh, yeah, this is where the OSB is going to drop a fucking house on Patrick, given that he has deliberately concealed his location recently for the sole purpose of being able to avoid legal service.
On top of all this, I'm reasonably sure that the OSB -- when it gets ahold of Patrick -- is also going to have words with him about his inability to file any legal actions of any kind, and his years of ignoring the financial obligations of his 2014 Conditional Discharge Order can apparently result in significant monetary penalties (and when I say "significant," I've heard rumours of tens of thousands of dollars, given the length of Patrick's non-compliance).
Quite simply, I am not playing nice anymore. I've tried to do this amicably, and it was a waste of time, so even as I continue to take everything Patrick owns, I am now going to get the OSB involved, and I can assure you they take stuff like this very, very seriously. In short, 2022 for Patrick is going to be a combination of:
- My forcibly collecting the $100K+ that Patrick owes me,
- Patrick fending off an order to dismiss from one Peter Skinner, which could very well end up with Patrick hit with a significant cost award, as well as being declared a "vexatious litigant", and
- the OSB charging Patrick with numerous violations of OSB obligations, possibly resulting in massive financial penalties, and also making sure he understands he doesn't have a fucking leg to stand on when it comes to his relentless threats to sue anyone and everyone.
No more Mr. Nice Guy. And if Patrick's idiot family wants to get involved, then I'll be happy to take all their shit, too.
I am so done playing around. Now it's clobbering time.
THE BANKRUPTCY OF STEVEN SINDACO: If you need more evidence of the severity of Patrick's imminent problems, I give you a 2003 BCSC ruling in the bankruptcy of Steven Sindaco. Long story short, after declaring bankruptcy, Sindaco got a ridiculously favourable conditional discharge order -- just pay $2,500 and he was out of bankruptcy, free and clear. He failed to comply (sound familiar?), at which time his trustee gave up on him and discharged himself, leaving Sindaco as an undischarged bankrupt without a trustee (again, sounding familiar?).
Fast forward to Sindaco winning $500,000 in the lottery, at which time he returned to the trustee and graciously offered to pay off the paltry CDO of $2,500. Not so fast, said a judge, pointing out that, under bankruptcy laws,
(1) The property of a bankrupt divisible among his creditors ... shall comprise ...
(c) all property wherever situated of the bankrupt at the date of his bankruptcy or that may be acquired by or devolved on him before his discharge
Let me translate that for you: If you're still an undischarged bankrupt and you get any sort of financial windfall (money, assets, property, inheritance, whatever), then your creditors get to share in the spoils, above and beyond the CDO, up to the extent of paying those creditors their entire original claim on you.
And now you see Patrick's problem. Once the OSB gets ahold of him, they will absolutely require that he bring his file up to date, including declaring all income and assets he has acquired since declaring bankruptcy in 2012. And once Patrick is forced to disclose all of that to the OSB, it immediately devolves to me.
Now you see what I mean by not playing nice anymore.
IF PATRICK IS PLAYING GAMES WITH THE OSB, that is going to end very badly for him, and here's just one way that might happen:
What the above means is that if Patrick acquired an asset of any kind (inheritance, property, cash gift, etc.), then simply signed it over to a relative for next to nothing, that would be considered a "transfer at undervalue," and can be reversed by the OSB. And note well -- if that transfer was to someone "not at arm's length" (like a close relative), the OSB is entitled to go back up to five years before the initial bankruptcy event, which means that if Patrick tried to divest himself of assets in the couple of years before his filing for bankruptcy in December of 2012, the OSB has every right to reverse that transfer, whereupon I get to take those assets.
No more Mr. Nice Guy.
BONUS TRACK: In case you really want to know how much trouble Patrick might be in, know that certain violations of bankruptcy opens one up to criminal charges. Yes, criminal charges:
And what are some of those potentially criminal offences?
Note well the possible offence, "Fraudulently disposes of property before or after the bankruptcy," which I'm pretty sure covers the action of quietly signing over personal assets to others in order to conceal them from the OSB and creditors. In any event, feel free to peruse the case studies, to see if Patrick falls into any of those categories. Oh, and if any of Patrick's relatives assisted in any of the above, I will insist they be similarly charged.
I am so fucking done with this asshole.
No more Mr. Nice Guy.