I work from home as an independent contractor so in the statement of financial affairs "Financial Affairs IX 18. Nature, Location and Name of Business" section of my Chapter 7 bankruptcy filing, do I have to list the name of the company I work for along with their address and EIN number or can I mark that section as "none" since I never owned my own business and was never "an officer, director, partner, or managing executive of a corporation, partner in a partnership, sole proprietor..."?
As an independent contractor, you are required to complete a schedule C when you file your tax return. The schedule C is entitled Profit or Loss from Business or Profession. Just because you do not own an LLC or do not have employees does not mean that you do not operate a business.
Pro se consumer debtors make tons of mistakes and cost themselves more money than they would have spent by hiring a lawyer all the time. Pro se business debtors cost themselves even more money than the consumer debtors. When a pro se debtor comes to me to determine if I can extricate him/her from the problem he/she is now facing, it is clear that they thought they could not afford a lawyer, but instead, they could not afford to not hire a lawyer.
Most bankruptcy attorneys will provide and initial free consultation. You can use the Avvo "Find a Lawyer" link and find an experience bankruptcy attorney to get help to make sure that you do things correctly and get the relief that you are seeking.
Answers and comments provided are for general discussion only. My comments are not to be considered legal advice and they do not create an attorney-client relationship.
No, you would not have to fill out those sections regarding the company for which you do contract labor. Those sections apply to any business that you own or have an ownership interest in.
DISCLAIMER: This message is intended as a general discussion of legal issues and not as a statement of fact, legal advice or a legal opinion. No attorney-client relationship is created by this message. Do not act or rely upon law-related information in this communication without seeking the advice of an attorney licensed to practice in the relevant area. I am a Federally Designated Debt Relief Agency under the United States Bankruptcy Code. I proudly help people in financial need file bankruptcy cases. IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication (or in any attachment).
As an independent contractor, 1099'd "employee" you do not. But there are some missing facts here about whether you operate a business. You wouldn't do your own brain surgery because you're not a doctor, I suggest you not do your own legal work because you're not an attorney. A good attorney will save you money in the long run and give you piece of mind immediately.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline