Phil Hart

[Lambkin]

http://www.spokesman.com/stories/2013/j ... /[quote]In a motion filed Friday, Assistant U.S. Attorney Kathryn Keneally said there are no disputes over the facts concerning six of the 13 years for which the government believes Hart owes back taxes, so U.S. District Judge Edward Lodge should rule in the government’s favor on that portion of the lawsuit. [/quote]

[Famspear]

Philip Lewis ("Energizer Bunny") Hart just won't quit. I've just added this to his dossier at Dan Evans' web site:

On January 16, 2013, Hart filed his third bankruptcy in less than eight months, this one under Chapter 7 in the U.S. Bankruptcy Court for the District of Idaho (case no. 13-20039-TLM). Because of Hart's repeated bankruptcy filings, the automatic stay that would otherwise apply did not come into effect upon the filing of this third bankruptcy. Thus, the action for the government's foreclosure against him in the U.S. District Court is currently not stayed. On January 31, 2013, Hart filed a motion with the Bankruptcy Court to have the automatic stay apply. A hearing on that motion was held on February 11, 2013, and Hart is awaiting a decision by the Court.

http://tpgurus.wikidot.com/phil-hart

Can you say chutzpah?

[JamesVincent]

I thought he couldn't file a Chapter 7 anymore since he owed taxes and whatnot.

[ArthurWankspittle]

I thought he couldn't file a Chapter 7 anymore since he owed taxes and whatnot.

I think you can file as often as you like or as often as the court lets you. After a couple of goes though the courts and your creditors will start getting pissed off and you would have a very big job convincing a judge that it should be started anew and not just amend an existing application. I think it can get to the point that it becomes like a vexatious litigant situation and you would have to apply to a judge to get permission to start again, which after a few previous attempts isn't going to happen.

[Prof]

I thought he couldn't file a Chapter 7 anymore since he owed taxes and whatnot.

I think you can file as often as you like or as often as the court lets you. After a couple of goes though the courts and your creditors will start getting pissed off and you would have a very big job convincing a judge that it should be started anew and not just amend an existing application. I think it can get to the point that it becomes like a vexatious litigant situation and you would have to apply to a judge to get permission to start again, which after a few previous attempts isn't going to happen.

You can file ch. 7 as often as you wish. However, you are only entitled to one discharge every 7 years in chapter 7, 11 USC sec. 727(a)(8), and debts denied discharge in all prior cases remain non-dischargeable in all subsequent cases. II USC sec. 523(a)(10).

Serial filing of chapter 7's is rare; usually, the serial filers are in 13 (or, in the case of airlines, 11).

[Famspear]

Phil has filed yet another petition!
"Save that Idaho house from perdition!"
He don't wanna pay tax,
But he's gotta face facts:
No one's buyin' the garbage he's dishin'.

[notorial dissent]

Can you say chutzpah?

I can certainly say Phil Hart. I always thought, that after the second failed Bankruptcy attempt that you weren't even allowed to file without the court's approval, particularly when all the previous attempts had been filed in bad faith, as his certainly were.

[Prof]

Can you say chutzpah?

I can certainly say Phil Hart. I always thought, that after the second failed Bankruptcy attempt that you weren't even allowed to file without the court's approval, particularly when all the previous attempts had been filed in bad faith, as his certainly were.

No, in case no. 2, when the previous case was was in force during the preceeding year, you get the automatic stay only for 30 days and it must be extended by court order; in case no. 3, filed within 1 year after case no. 1 was pending, there is no automatic stay and you must get the court to enter a stay (injunction) by showing cause. It is a little more complicated than this, but see 11 USC sec. 362(c).

Sometimes the courts do prohibt serial refiling, but that is fairly rare; the statute does allow this.

[Pottapaug1938]

My Boy Scout council got scammed by a local crooked contractor (our old Scout Executive got broomed for incompetence, for this and other reasons). Apparently, the contractor has a history of doing shoddy work; and then, when the lawsuits start pouring in, he files for bankruptcy for, say, "Jim's Construction", and sells his heavy equipment to his cousin for a token amount. After he gets his discharge in bankruptcy, he buys his heavy equipment back from his cousin and forms something like "Jim's Contracting." On and on it goes; and my council is (or was) too far in debt to keep paying the lawyers to do anything about it.

[notorial dissent]

OK, thanks, maybe that was what I was remembering. At any rate, I certainly think Hart is an abuser any way you want to look at it, and at this point, bankruptcy or no, he isn't going to have much if anything left by the time the IRS gets done with him from what I can see. Could he also be prosecuted for trying to hide assets at this point after what he has already done?

[wserra]

Sorry about the below colloquialism, but
I hear it all the time
and need it for the rhyme.
Fight the power.

A state politician named Hart
Had a brain able only to fart.
When somebody axed
Why he wasn't taxed,
He said, "Hey, never said I was smart."

[JamesVincent]

My Boy Scout council got scammed by a local crooked contractor (our old Scout Executive got broomed for incompetence, for this and other reasons). Apparently, the contractor has a history of doing shoddy work; and then, when the lawsuits start pouring in, he files for bankruptcy for, say, "Jim's Construction", and sells his heavy equipment to his cousin for a token amount. After he gets his discharge in bankruptcy, he buys his heavy equipment back from his cousin and forms something like "Jim's Contracting." On and on it goes; and my council is (or was) too far in debt to keep paying the lawyers to do anything about it.

That was basically the trick the guy I worked for used to get out of paying for my leg and his child support. After I broke my leg on the job he claimed i was an independent contractor, even though we worked together. When that didn't look like it was working he declared bankruptcy and sold it all to his GF, lock, stock and barrel. He used the economy and bankruptcy to downgrade his child support by appearing to make less then he did and tying the assets to his GF, not him.

[Famspear]

Memo
To: Phil Hart
Re: Multiple bankruptcy filings

Dear Phil:

It has come to our attention that you have filed three bankruptcies in less than eight months.

Please be advised that the U.S. Bankruptcy Court for the District of Idaho is not an airline. By filing repeatedly, you do not accumulate "frequent filer miles."

(signed)

--The Illuminati

[Famspear]

(announcer's voice:)

It is time now
for another episode in the ADVENTURES OF........

Phrequent Philer Phil!!!!

When we last left Phil in the previous episode, Phil had phound that his phoolishness had put a phinish to his political phortunes. The voters of Idaho had had enough.

Phil was also phacing phoreclosure on the residence he claimed was not his. Phil though he might phind a Phriend in the Phederal Bankruptcy Court, and he philed three -- count 'em, three - philings in less than eight months.

That's not working so well. Oh, Phooey!

But what about Phil's Phederal tax situation? His tax returns? Does the Internal Revenue Service consider him to be a Phrivolous Philer?

I could go on and on......

[Famspear]

On February 26, 2013, the Bankruptcy Court issued a Memorandum of Decision denying Phrequent Philer Phil's motion to impose the automatic stay.

[Lambkin]

http://www.seattlepi.com/business/artic ... 496104.php

A bankruptcy judge has ordered a tax-protesting former Idaho state representative to submit to intense new scrutiny of his finances, something federal lawyers say is necessary to prevent him from hiding assets from creditors including the U.S. government.

Phil Hart now must appear at a hearing May 20 in U.S. Bankruptcy Court

[notorial dissent]

Well, won't that be fun, and possibly educational.

Any bets as to whether he abides by this court order any better than he has any of the others?

I'm sure he'll at least have some entertaining excuses if nothing else.

[Famspear]

....Phil Hart now must appear at a hearing May 20 in U.S. Bankruptcy Court....

The examination will not be held in open court. Instead, this will be a standard Rule 2004 examination (see Rule 2004 of the Federal Rules of Bankruptcy Procedure). It will be held in the office of the United States Attorney.

[LaVidaRoja]

A.) Will he appear?
B.) Will he provide ANY documentation or testimony?

[Judge Roy Bean]

A.) Will he appear?
B.) Will he provide ANY documentation or testimony?

A - if he doesn't, he can be taken into custody and delivered to the hearing.
B - if he doesn't, he can be held in contempt.