"In 2008, the Plaintiff served upon Defendant Day a libel notice ..."
Friday, July 26, 2024
Chronicles of Twatrick: Happy lawsuitversary!
Tuesday, July 23, 2024
Chronicles of Twatrick: Time for a probate lawyer, methinks.
Monday, July 22, 2024
Chronicles of Twatrick: Land title search.
Saturday, July 20, 2024
Chronicles of Twatrick: Happy interestversary -- Part Deux.
I won't bore you with recapping the saga of undischarged bankrupt and malicious defamer Patrick "Hey, girls, I'm still single" Ross, who we all know now owes me over $120,000 after having maliciously defamed me years ago, then unwisely decided to not even defend my lawsuit. The more interesting story is what it will take for Patrick to get out of bankruptcy, and while I've published that he still has an outstanding $25,000 or so on his 2014-issued Conditional Discharge Order (CDO), it turns out that it's more complicated and potentially far uglier for Patrick than that. Let me explain.
The whole point of bankruptcy is that, if your debt far exceeds your assets, you try to convince the judge to let you off with paying a fraction of your debt, after having handed over all of your seizable assets. In Patrick's case, he was ordered to pay a grand total of $34,000 out of a total debt of almost $100,000; again, he stupidly decided not to do that which is why he's in the trouble he is in now. But here's the kicker (and I have written about this before).
After declaring bankruptcy, as you are paying off your CDO, you're not allowed to suddenly come into a pile of money and subsequently keep it all; such a windfall (such as an inheritance) is referred to as "after-acquired assets" and as it would be massively unfair to your creditors for you to get the benefit of bankruptcy while keeping all those assets, they are required to be turned over to the trustee, who can then distribute them to the creditors above and beyond what they are owed due to the CDO.
I will say that again to make sure you understand it -- even if you got a really favourable CDO, your after-acquired assets must be handed over to the trustee, who will then distribute it to the creditors even if that exceeds the amount of the CDO so that, depending on the size of the windfall, the creditors could end up getting the full amount of what you owed them. The principle is simple -- you don't get the benefit of bankruptcy while simultaneously getting to keep all that cash.
If you want proof, I refer you to the 2003 case of one Steven Sindaco, in which Sindaco, owing only $2,500 pursuant to his CDO, while still bankrupt managed to win $500,000 in a lottery, at which time he was told quite clearly that all that dosh was after-acquired assets and his creditors were entitled to the original full amount he owed them.
This brings us, of course, to the case of the aforementioned Patrick Ross who, while he owes only around $25,000 on his CDO, almost certainly got a sizable inheritance when his enabling and psychologically unstable father passed away, and you can see where I'm going with this.
See, based on conversations I have had with the fine folks at Canada's Office of the Superintendent of Bankruptcy, the day Patrick decides to try to get out of bankruptcy, he will first have to get a trustee (doesn't need to be the same one), and the very first thing that trustee will tell Patrick is that he has to get current on all of the missing years of his financial reporting, and that will absolutely include a full and complete list of all after-acquired assets, at which time (as you can see based on the Sindaco ruling) those assets will be distributed to all of his creditors.
It's not clear exactly how this would play out, but I have made it clear to everyone involved that the instant Patrick tries to get out of bankruptcy, the relevant authorities will be asking about any after-acquired assets, including but not limited to inheritance, proceeds from selling property or other assets, and what have you. And if you don't believe me, I suggest reading that Sindaco ruling again.
In any event, as always, let me know what ever you hear about Patrick's latest travels, employment status and accommodations. I want to make sure I'm ready to go when the time comes.
P.S. It's worth noting that there are times when it's hard to say how all of this will play out legally since almost everyone who's come into contact with this case admits they have rarely seen anyone so thoroughly screw himself as badly as Patrick has done. Even as far back as 2014, the bankruptcy registrar -- in issuing her ruling -- described this case with:
After considering the unique facts of this case, the common law principles governing discharge applications and, in particular, the reprehensible nature of the conduct that ultimately created 99% of the debt in this bankruptcy, ...
It is unlikely that Patrick getting out of bankruptcy is going to be either simple or straightforward, given how even the people who deal with bankruptcies on a regular basis are gobsmacked over how uniquely fucked up this is and how contemptuously Patrick has behaved. If Patrick thinks he's going to get any sympathy from the Court, he seriously needs to rethink that.
Friday, July 19, 2024
Chronicles of Twatrick: Happy interestversary!
Thursday, July 18, 2024
Chronicles of Twatrick: My level of readership must be killing him.
I will never have to worry about the cost of housing since I live rent-free in Patrick's head:
I think the most pathetic thing about Patrick's tweets is his insistence on adding tears-laughing emojis to all of them as if they are the funniest things he's ever read.
Here's some advice, Patrick ... you're supposed to use those emojis for other peoples' tweets, not your own. Honestly, it's like Arnold Rimmer giving himself the nickname "Ace."
Tuesday, July 16, 2024
Chronicles of Twatrick: Every boy has a dream.
Saturday, July 13, 2024
Chronicles of Twatrick: The Healthy Eating Compendium.
Friday, July 12, 2024
Chronicles of Twatrick: Paradise Valley bound?
Tuesday, July 02, 2024
Chronicles of Twatrick: Happy Canada Day!
Wednesday, June 19, 2024
Chronicles of Twatrick: Happy (actual) interestversary.
Tuesday, June 18, 2024
Chronicles of Twatrick: Still talking smack.
Monday, June 17, 2024
Chronicles of Twatrick: Whistling past the graveyard.
Sunday, June 16, 2024
Chronicles of Twatrick: Happy (early) interestversary, and it's clobbering time.
And here's where I explain what I've been pondering for a while, and it's that rather than let Patrick continue to skate on this, I am going to lower the boom and you are more than invited to help.
- Submit an amended Statement of Claim that restricts itself exclusively to claims against me, with no reference to other parties (named or anonymous),
- Pay me in full what he owes me (over $120,000), and
- Hand over significant surety (say, $25,000).
Friday, June 14, 2024
Chronicles of Twatrick: Patrick back in the Lloyd?
Thursday, June 13, 2024
Chronicles of Twatrick: Current activity at Casa Ross.
Yesterday, I received from one of my confidential informants this recent drive-by pic of Casa Ross, with a blue Chevy Avalanche parked in the driveway. There is no apparent "For Sale" sign so one suspects this might be one of Patrick's siblings perhaps maintaining the place while the will is still being processed, who knows?
Monday, June 10, 2024
Chronicles of Twatrick: You really want to go there?
Tuesday, May 28, 2024
Chronicles of Twatrick: Socialistic freeloading for me but not for thee.
Thursday, May 16, 2024
Chronicles of Twatrick: Happy (early) interestversary.
It's a few days early but I'm heading out today for a week and a half of European vacation, that being a bunch of cool stops in Spain and Morocco (where I have every intention of riding a camel). In the meantime, it will surprise precisely no one that I have heard nothing from Lloydminster's favourite bankrupt, Patrick "Atkins Cheeseburger Diet" Ross, who appears to have relocated on a somewhat permanent basis to Grande Prairie to further his mid-life career in the swamping industry.
When Patrick decides to proceed with his idiotic lawsuit against me, he knows precisely where an actual process server can deliver the papers. For the time being, I'll soak up some sun and see what Moroccan happy hour looks like.
P.S. I almost forgot ... it's now 33 months since a Saskatchewan judge told Patrick how much he owes me and jacked up the interest rate:
You can do the math.
P.P.S. If anything exciting is happening at Casa Ross in Lloydminster, drop me a note.
AFTERSNARK: I don't spend much time these days checking out Patrick's petulant, childish excuse for a Twitter account as the vast majority is little more than gleeful celebration over people he doesn't like getting beat up. However, if anyone spends any time there and sees Patrick continuing to brag over his dead-in-the-water defamation action against me, please take a screenshot or, even better, save a copy at the Internet's "Wayback Machine" since all of that is immensely useful for me when I decide to have his action dismissed, as the court is typically unimpressed with people who gloat over launching a legal action, only to not do anything with it.
Wednesday, May 01, 2024
Chronicles of Twatrick: Nothing new to report.
Friday, April 19, 2024
Chronicles of Twatrick: Happy interestversary!
In unrelated news, several tipsters tell me that Patrick is once again talking smack about me over at his unreadable Twitter account, which is fine ... I don't spend a lot of time there, unlike Patrick who I know obsesses over every one of my tweets and blog posts but, whatever fills up his life and makes it meaningful, I guess.
Saturday, April 13, 2024
Thursday, April 11, 2024
Chronicles of Twatrick: Back in the Lloyd?
Wednesday, April 10, 2024
Chronicles of Twatrick: What the heck is going on *here*?
Thursday, April 04, 2024
Chronicles of Twatrick: Glass houses and all that.
Wednesday, March 27, 2024
Chronicles of Patrick: When you dial back your life goals.
Friday, March 22, 2024
Chronicles of Twatrick: Choose your heroes wisely.
Pretend to be surprised that one of Patrick's idols is a guy who crossed a state line to kill two people.
Tuesday, March 19, 2024
Chronicles of Twatrick: Happy interestversary!
Friday, March 15, 2024
Chronicles of Twatrick: The danger of nonsense.
In a recent comment, regular reader "MgS" writes of the almost wholly nonsensical filings of undischarged bankrupt Patrick Ross:
"That’s kind of the problem with a statement of claim - a claimant can put all sorts of nonsense in it, and it comes down to the court process to winnow out what’s actually relevant to the claim of libel. (And self-represented litigants are far more likely to insert huge amounts of irrelevant material into those statements)."
While I agree with most of that, I will take minor issue with the idea that, when one files total rubbish, it is the court's job to "winnow out what's actually relevant."
When a filing originates with an actual lawyer or someone who knows the law, that filing is typically concise, focused and to the point, as it's been written by someone who wants to be taken seriously and who has taken the time to understand what the Court needs to know related to the matter at hand. As MgS suggests, self-represented litigants are more likely to submit rambling rubbish that is more like a grievance fest than a meaningful filing.
But in the latter situation, is it really the Court's job to "winnow" through all that nonsense to figure out if there is a point? That's a good question, especially with Patrick, whose submissions and Affidavits are so vacuous and irrelevant that they have been pointedly slapped down by the respective judges. In 2018, a judge made it clear that Patrick's filing weirdly tried to claim "cruel and unusual punishment" related to his bankruptcy Conditional Discharge Order:
A later submission of Patrick's was such rubbish that the judge wrote ... well, read it for yourself:
So the question is, when a judge is faced with the sort of sophomoric twaddle as that produced by Patrick, at what point is the judge within her rights to throw up her hands and say, "I'm sorry, it's not my job to parse this dreck to see if there's a point buried somewhere herein"?
Thoughts?
Tuesday, March 12, 2024
Chronicles of Twatrick: The joy of re-litigation.
As a few people have observed, one of the favourite tactics of undischarged bankrupt Patrick Ross is that, regardless of the focus of whatever motion is in front of him, Patrick consistently tries to re-litigate my 2010 judgment against him, and is just as consistently pasted by the Court for doing so. Herein, I reproduce the majority of the ruling that dismissed as abandoned (after 3.5 years of no action) Patrick's appeal of the 2014 Conditional Discharge Order against him, where you can see Patrick doing what he always does:
- making excuses of being depressed while providing no supporting evidence,
- trying to re-open the case years after the deadline to do so has passed, and
- claiming "harassment" even as the judge points out he can see no evidence of same
The end result of that hearing was that I won that motion, and Patrick's moldering, three-and-a-half-year-old appeal was unceremoniously fed through a woodchipper, but I thought it was worth you seeing the utter lack of merit of Patrick's filings, and how Patrick likes to make dramatic claims in his Affidavits but is completely unable to back them up in front of a judge.
Same as it ever was.
P.S. Note how even the judge seems put off by Patrick's obsession with trying to use two-dollar words by putting Patrick's adjective of "deleterious" inside quotes.
Note also how Patrick loves to brag about how skilled he is at The Law, only to -- when push comes to shove -- plead with the Court about how he didn't understand the simple concept of who to serve with the perfected appeal and hopes the Court takes pity on him.
P.P.S. When I (eventually) file to have Patrick's current lawsuit dismissed as abandoned, you can count on my putting the above before the Court as the perfect example of how Patrick uses the legal system purely for the purpose of harassment. I'm pretty sure any judge will be more than a little interested in Patrick's history of filing actions, only to stuff them in a drawer and leave them there for years without acting on them.
Sunday, March 10, 2024
Chronicles of Twatrick: Speaking of surveillance ...
Saturday, March 09, 2024
Chronicles of Twatrick: Waiting on a miracle.
Thursday, March 07, 2024
Chronicles of Twatrick: Patrick still whining about never being served with judgment.
Wednesday, March 06, 2024
Chronicles of Twatrick: If you want to know why Patrick is always in such trouble ...
Monday, February 26, 2024
Chronicles of Twatrick: Happy lawsuitversary!
It occurs that in addition to the monthly "Happy Interestversary" post, I should also mark the passage of time since undischarged bankrupt and northern Alberta swamp thing Patrick "Stud Muffin" Ross filed his worthless four million dollar defamation action against me back on August 26, 2022:
And while this might seem slightly juvenile, it actually has some legal value as reminding Patrick of his moldering, dormant action will be used when I eventually file to have it dismissed as abandoned, and I can prove to the Court that Patrick had this pointed out to him on a regular basis and still neglected to move his moronic lawsuit forward.
So, happy lawsuitversary.
P.S. And, yes, I'm still interested in someone who can file motions for me in Alberta. Not asking anyone to do this for free; of course I'll pay.
P.P.S. Anyone in the vicinity of Casa Ross in Lloydminster is invited to do a drive-by and report on whether anything interesting is happening there. It's been well over half a year and if the property has not gone on the market, that suggests that its disposition had already been resolved before now.
AFTERSNARK: I have just had it confirmed by a legal acquaintance that regularly (and publicly) reminding Patrick of his ongoing negligence regarding this lawsuit is actually fairly clever since it will demonstrate to the Court that, when I eventually file to have that stupidity dismissed as abandoned, I did not try to spring it on Patrick; rather, I gave him plenty of warning at regular intervals. Any reasonable Court will find that I satisfied my (minimal) obligations to want to move this along, and it was Patrick who wasted all this time and refused to do so.
That will not play well with the Court.