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:
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.
10 comments:
If Patrick is legally required to let the OSB know his current address, can't you get them to force him to divulge it so you know where to find him? And does that mean he also has to disclose where he's working?
Anon: All of the above is coming, count on it. Come 2022, Patrick should expect numerous visits from all of the Saskatchewan sheriffs, the OSB, and whoever Peter Skinner is using for legal service on Patrick. And all the while, what he owes me will be increasing by the five per cent interest rate and whatever additional charges come from the Saskatchewan sheriffs pursuant to enforcement proceedings.
A quick read through the Sindaco ruling raises a couple of interesting questions regarding the status of the Trustee.
If the Trustee has been discharged from a particular estate without the bankruptcy being discharged, it appears as though there is still some level of relationship between the bankrupt and the Trustee - at the very least as regards the duty to inform.
There was also a very interesting phrase where the Trustee was deemed to have been "unreasonable and unhelpful" in the judge's comments. I'm not sure that such a determination would be made in Patrick's case based more on the history - it does seem that in Sindaco, the Trustee acted to discharge itself even when aware of the bankrupt's ongoing efforts to raise the necessary funds. (In Patrick's case, it seems more like he just walked away from the obligations, so the picture is considerably different)
That said, it appears - on the surface - that Patrick has decided to go "off-grid" as far as the OSB is concerned. They might have as much trouble as you are having tracking him down beyond the last known address in Lloydminster.
MgS: You make some reasonable points, and there's actually more going on here than I've let on, but I'm keeping that to myself for now.
Bottom line: If Patrick insists on staying "off-grid" as much as possible, then he will be in bankruptcy for the rest of his life, as the only way to get out of bankruptcy is through the OSB; there is no other way. Period.
Also, since bankruptcy in Canada is a federal issue, the OSB has the authority to dig into Patrick's tax returns, which I will insist they do.
Quite simply, Patrick is not smart enough to keep playing this game. Once the OSB gets involved, it's over for him.
As many know, I dropped this on Patrick Boxing day:
https://twitter.com/RogueNerdOne/status/1475121299626213380
It's proof that he was DMing my female followers to spread libel from the account @FromAlberta. That should significantly worry Patrick because I can prove everything I've said, and more.
Interestingly enough, I was contacted by a member of the Edmonton Police yesterday on Twitter. She told me to come down to the main detachment downtown to file a complaint because what I posted is 100% verifiable harassment by Patrick. Patrick went out of his way to spread libel against me, and was malicious in nature. There's no question he's done what I alleged.
I filed an official complaint with OSB before Robert did. Mine's been in the system for a bit. Like Robert, I'm done playing silly games with Patrick.
On my tweet you'll notice the screenshot from Patrick where he states he never Dm'd my followers because it was a "gutless" thing to do and something he wouldn't waste his time on. Well, I just proved the gutless wonder made fucking time.
Patrick has been threatening to file an action against me for defamation, or harassment, or whatever else he thinks is appropriate and, if he does, he will be in for a decidedly unpleasant surprise, as I will simply pass on such a filing to the OSB and let them handle it for me. And that will not end well for Patrick.
We all know that Twatsy reads this blog regularly.
We also all know that Twatrick Ross is a profoundly stupid person.
Despite that, it seems unfathomable that someone in the Twatster's position would not immediately wave a white flag and settle all debts after reading these devastating facts.
ROD: Understand -- all of the above could potentially happen to Patrick *in addition* to having to pay me the entire amount of my original 2010 judgment. That is, not only will he have to pay me $100K+, he might *also* be hit with thousands or tens of thousands of dollars in fines from the OSB, *and* end up with a criminal record on top of it all.
"Profoundly stupid" does not begin to describe it.
Also, just noticed you using "it's clobbering time."
Don't know if you did this on purpose, but that's actually a catchphrase of one of Twatsy's pro wrestling heroes, CM Punk.
Since Twatrick stalks this blog, it's good to put things into words Reprobate Ross can understand.
"It's clobberin' time!"
The Thing.
Since Fantastic Four 22.
1964.
I suppose one needs to be old as the hills to know that.
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