If Iam a truck driver who is filing a Chapter 7, will I have to include my per diem as income if it is listed on my pay stub but it is not included on my W2?

Get Legal Help Today

 Secured with SHA-256 Encryption

If Iam a truck driver who is filing a Chapter 7, will I have to include my per diem as income if it is listed on my pay stub but it is not included on my W2?

Asked on January 19, 2012 under Bankruptcy Law, Tennessee

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes...you legally need to list *all* your income when filing for bankruptcy, whether it is as an employee (and so on a W2), as an independent contractor or freelancer (and so on a 1099), or is not listed on any forms (e.g. cash payments, tips, per diems, etc.). Failure to do so could be bankruptcy fraud.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption