While, later this summer, there will be yet another application headed in the direction of Lloydminster's favourite trustee-less, undischarged bankrupt Patrick Ross (who owes me around $110,000, and growing):
I feel compelled to enlighten you all on the most entertaining discovery I made with the recent assistance of a senior analyst at the federal Office of the Superintendent of Bankruptcy (OSB), and to truly appreciate the fuckedupness of Patrick's situation, you will need to understand just the tiniest bit of bankruptcy law, so bear with me.
As we all know, when one files for bankruptcy, the typical outcome is that the bankrupt's debts will be erased, in exchange for handing over all assets and (often) being assigned a Conditional Discharge Order (CDO) that requires one to pay a fraction of the discharged debt to the set of approved creditors. In short, while the bankrupt gets the benefit of having the majority of debt wiped away, the creditors get somewhat hosed in terms of usually having to accept only a fraction of what they are owed but, hey, that's life. So far, I don't think I've said anything surprising.
However (and here's the surprise), it is open to any of the creditors to argue that they should not be bound by the bankruptcy's stay of proceedings; that is, any creditor is entitled to petition the Court and argue that the bankrupt's behaviour related specifically to them was so egregious and contemptuous, their debt should be removed from the protection of bankruptcy and should still be owed by the debtor in its entirety, which means the debtor still owes that individual creditor the original amount.
Put another way, if a creditor can convince the Court of the irresponsible behaviour of the bankrupt in running up that debt, the Court could eventually say, "You're right, he was an asshole, and your debt is restored and exists outside the context of bankruptcy," whereupon the case is now reduced to a simple matter of a creditor filing claims against a debtor, having nothing to do with the bankruptcy. In short, in a case like this, the creditor now doesn't give a rat's ass about the bankruptcy as it no longer has anything to do with him.
I think you see where I'm going with this, because that is precisely what happened in my case related to the bankruptcy of Patrick Ross. Back in 2020, I applied to the Court for exactly this relief and, as rationale, I documented several years of Patrick's weaselly evasion and tactics and refusal to obey court orders and so on and, well, to make a long story short, the judge saw things entirely my way and issued a ruling, of which the relevant two paragraphs can be seen below:
Here, let me translate: "Given that Mr. Ross has been such an arrogant and contemptuous asshat for all these years, Mr. Day's judgment debt is restored in full and has nothing to do with Mr. Ross' ongoing bankruptcy." So at this point, it's safe to say that I no longer have the slightest interest in Patrick's bankruptcy, or when he gets out of it, or if he ever gets out of it, because it has nothing to do with me. Patrick owes me $110K, and I am arranging to collect it via the mundane route of how a normal creditor collects from a normal debtor, nothing more. But that's not the real reason we're here, because here's the wrinkle I was informed of recently.
(Side note: A small bit of this could be speculation, but it is what I was told by people who are in a position to know these things.)
At this point, the obvious question would be, well, if Patrick's debt to me now exists outside the context of his bankruptcy, how does he eventually get out of bankruptcy? The simple answer now is, I really don't care since it has nothing to do with me. But the question remains, and it was answered thusly by the senior analyst at the OSB:
Patrick can discharge his bankruptcy by paying off the balance of his CDO.
Holy shit.
I say "holy shit" because Patrick's original CDO involved him paying a total of $34,000 over 14 years and, given how little he's paid off, he still owes in the neighbourhood of $30,000 of that CDO. And now you start to see how screwed is Patrick since, according to senior OSB dude, Patrick not only owes me that $110,000 (now entirely unrelated to his bankruptcy), but he remains in bankruptcy until he also pays off his CDO.
Pause and reflect on this, if you will.
It would appear, based on the opinion of someone who should know this stuff, that Patrick is now some $140,000 in debt -- he owes me $110,000 completely independently of his bankruptcy, while he would still be required to pay off his CDO entirely ($30K?) to get out of bankruptcy, a payment which would not affect in the slightest what he owes me. (Oh, and if Patrick came up with the $30K to pay off his CDO, it's unclear who would get that money but it would not be me since, as I have already mentioned, I am no longer a creditor in the context of Patrick's bankruptcy and am not entitled to any assets Patrick turns over to ... whoever.)
In the end, it was Patrick's own arrogance that put him $140,000 in debt, both by refusing to honour the financial obligation of his CDO, as well as years of contemptuous behaviour that convinced a judge to lift the stay of proceedings with respect to me and restore Patrick's original debt to me. And I realize that all of this sounds like total madness, but it appears that Patrick's years of dodging, weaving and ignoring court orders have finally come back to bite him in his pasty, cheeseburger-padded ass.
To sum up, then, Patrick owes me a steadily-increasing $110,000, and whatever additional it costs him to get out of bankruptcy is of no concern to me as it has nothing to do with me.
Are you not entertained?
P.S. It is worth noting that, once upon a time, Patrick had the option of making all of this go away for around $10,000. Those days are long gone.
P.P.S. I am still open to anyone keeping tabs on the travels (and travails) of Patrick; specifically, if he is regularly in the vicinity of Lloydminster and especially if it appears he is once again living with his father. This will be useful information for me in upcoming developments.
BREAKING! I have just been informed that Patrick's father, Ken, passed away last month. It will be interesting to see how Patrick copes with being an undischarged bankrupt without the constant financial support and enablement of his father. All of the appropriate authorities have been informed.