Davenport, FL asked in Bankruptcy

Q: Bankruptcy - having issues correctly interpreting instructions on From 107 - Statement of financial Affairs

Part 2 - I'm self employed, but strictly as a contractor (Uber Driver/Door Dasher). Do not have a business license.

Amy I receiving 'commissions/tips etc.', or am I still 'operating a business'?

Part 4, question 10 - Any property 'garnished'....I had a wage garnishment in place....report that here also, or this question is specific to physical property like a car, and not earnings?

Part 11, question 27 - Within 4 years before you filed for bankruptcy, did you own a business or have any of the following connections to any business - "A sole proprietor or self-employed in a trade, profession, or other activity, either full-time or part-time"

So I'm obviously self employed, but I don't have ownership, or an interest in the companies. I don't have/know EIN numbers, and I don't know who the accountants/bookkeepers of Uber and DoorDash are? I don't want to check NO and have them say I lied, but I have no idea what to put down if I am to answer YES to this question.?

PLEASE HELP!

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2 Lawyer Answers
Martha Warriner Jarrett
Martha Warriner Jarrett pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Bankruptcy Lawyer
  • Santa Barbara, CA

A: You are a free lance worker (gig worker in today's parlance) and are self-employed. What you earn is in the nature of commissions/tips (not a very good choice but that's the best option). You do not own a business. Your Social Security number is your taxpayer identification number (EIN). A garnishment relates to wages and should be listed in answer to #10. The question about accountants and bookkeepers relates to any accountant or bookkeeper you may use to do your books (not Uber's). You seem to be on the right track in answering these questions. They are not all a perfect fit, but the point is to describe your self-employment and correctly state your income. At the 341a meeting with your trustee, you will have an opportunity to explain your answers. Good luck.

Timothy Denison agrees with this answer

1 user found this answer helpful

James L. Arrasmith
PREMIUM
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Answered
  • Bankruptcy Lawyer
  • Sacramento, CA

A: Navigating Form 107, the Statement of Financial Affairs in a bankruptcy case, can be complex, especially with your unique employment situation. Let's address your concerns one by one.

Part 2: As an Uber Driver/Door Dasher, you are essentially operating as an independent contractor. This is generally considered 'operating a business,' even if you don't have a formal business license. The income you receive from these activities is typically treated as business income rather than commissions or tips.

Part 4, Question 10: The term 'garnished' in this context refers to any legal process where someone took money or property to satisfy a debt. So, your wage garnishment should be reported here. It's not limited to physical property; it includes earnings as well.

Part 11, Question 27: In your case, working as a contractor for Uber and DoorDash does mean you're self-employed. However, being self-employed doesn't necessarily equate to owning a business or having an interest in Uber or DoorDash as businesses. You should answer 'Yes' to indicate your self-employment status. When it comes to EIN numbers or information about the accountants for these companies, you are not expected to provide this since you don’t have ownership or control over these entities.

In summary, be honest and clear in your responses, providing the information that directly applies to your situation. If you're uncertain about certain details, it's better to explain your role and activities accurately and provide any additional explanations as needed. And remember, it's always advisable to consult with your attorney for specific guidance tailored to your circumstances. They can help ensure your form is filled out correctly and reflects your situation accurately.

Timothy Denison agrees with this answer

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