The Self-Employed, Bankruptcy & Proof Of Income

October 10th, 2008 by Reed Allmand

There are thousands of self-employed individuals in the Dallas-Fort Worth area facing financial difficulty; but many of them are under the false assumption that because they are self-employed they don’t qualify under the new Chapter 7 and Chapter 13 bankruptcy laws. Being self-employed does not disqualify you from filing Chapter 7 or Chapter 13 bankruptcy; but it can certainly make your bankruptcy case more complex.

One of the provisions of the new bankruptcy law that makes it especially complex for self-employed debtors to file bankruptcy is the requirement to calculate current monthly income. In bankruptcy cases, current monthly income is defined as the average monthly income for the previous 6 months before the date bankruptcy was filed. For w-2 employees documenting income is easily accomplished with paystubs; but since an entrepreneur’s income can be sporadic and undocumented this rule can be a major headache in the bankruptcy filing.

The remedy for tracking self-employed earnings is a profit and loss statement. But anyone who has ever been self-employed or knows an entrepreneur is quite aware of the fact that most self-employed people don’t keep track their income with P&L statements. Unfortunately, failure to document income will definitely lead to a bankruptcy case dismissal. So, if you’re doing any type of self-employment work you need to begin tracking your income if you’re considering filing either Chapter 7 or Chapter 13 bankruptcy.

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About Reed Allmand

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Allmand's vision is rooted in his own financially precarious childhood in Abilene "My father always had difficulty holding a job and supporting our family, so after my parents divorced when I was 12, my sister and I got jobs to help make ends meet," he recalls. "I remember what it felt like as a child to worry that our car would be repossessed or home foreclosed on."

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Why do I need to submit a new wage order when I modify my plan

When we modify your bankruptcy plan we are changing your plan payments. This means that we have to get with your employer and change the terms and amount of your wage order. The only way we can do that is by filling out a new wage order form.  

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