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Thread: Bankruptcy issue

  1. #1
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    Default Bankruptcy issue

    hi there folks. I will be filing for Bankruptcy, Chpt. 7 (no assests) soon and need to know whether or not it is advisable to let my lawyer know, or report that I am an independent contractor, working as an exotic dancer.

    At the club I'm working now, no W2 was signed. I've only been there 3 weeks. At the other 2 clubs I've worked so far, W2's were signed. I've only been dancing 5 months.
    (BTW the need for filing bankruptcy was there before I started dancing--not a result or connected to my career change.)

    I do plan to file a tax return and make this a proper, official self-employed business.

    Another question is would it be advisable to, or would I be able to "get away with" merely telling the lawyer that I am a self-employed "entertainer" and not be specific about how I entertain? I'm not at all squeamish about saying what I do for a living, just wondering if there is some catch or trouble spot to be aware of in this circumstance and whether too much honesty will have some kind of hidden backlash.
    Advise please!! and thanx,
    Samantha

  2. #2
    God/dess Bridgette's Avatar
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    Default Re: Bankruptcy issue

    In this case total honesty may not be the best policy. If a bankruptcy judge learns you're a dancer, that could lead him to believe you're making more money than you are....not to mention the possible social prejudices that could come into play. I would probably go ahead and tell the lawyer though, and ask straight up whether disclosing your dancing will affect the outcome of your case or not. And it's a good idea to shop around for lawyers - some will be more sympathetic to your situation than others. You can change lawyers!

    Quote Originally Posted by pheno View Post
    When you lead a nontraditional life don't try to measure it with traditional milestones.

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    Banned Melonie's Avatar
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    Default Re: Bankruptcy issue

    Samantha, you need to determine if the other clubs you worked for classified you as an 'independent contractor' or as a 'statutory employee'. Whatever withholding records you signed, and whatever income records the clubs have based on that, WILL come out in your bankruptcy hearing. You definitely do not want to be caught in a 'lie of omission'. However, I agree with Bridgette that the judge knowing that you are an exotic dancer will not work in your favor since the stereotype assumption for him would be that you do have unreported income stashed in a closet someplace which could be used towards the debts you're attempting to go bankrupt on.

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    Default Re: Bankruptcy issue

    Melonie,
    Thanks for your response; like a lot of women hear, I respect what you have to say, you certainly seem to know your stuff. Anyway, if it makes any difference,
    the 2 clubs that i did sign W2's at, I was considered an independent contractor, not a statutory employee.

    I didn't work either club more than 6 weeks.
    (BTW, prior to dancing, I taught English at the college level for 3 years. I'm hoping this will bode well for me in court.)

    Nothing, contracts or W2's were signed at the club I work at now. What am I considered in this situation?
    And technically, what does that imply as far as the immediate issue of the bankruptcy filing, and, looking ahead, as far as tax issues.
    thanks,
    Samantha

  5. #5
    Banned Melonie's Avatar
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    Default Re: Bankruptcy issue

    Samantha, it basically means that you don't have an official earnings history as a dancer LOL! I would play up the fact that you're an 'unemployed' college professor who has done a few 'odd jobs' after losing your employment at the college - and I wouldn't volunteer the fact that those 'odd jobs' involved exotic dancing unless someone else in the courtroom raises the issue.

    PS thanks for the vote of confidence, but please keep in mind (official disclaimer coming) that I'm just a dumb blonde with big tits. It's your own ass in the witness chair, so please pay heed to an attorney's advice before mine.

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    God/dess Emily's Avatar
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    Default Re: Bankruptcy issue

    Melonie, you are more than the dumb blonde with big tits (and of course you know this!)

    You are kind of a role model for a lot of us. I'm not sure what your age is, but I know it's much younger than most semi-retired people's. You work when you want and as often as you want because you saved and invested well. I can only hope for that myself. You give great advice. Keep it coming!

  7. #7
    Banned Melonie's Avatar
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    Default Re: Bankruptcy issue

    Again I appreciate the vote of confidence. And as far as my age goes, let's just say that it will take more than a decade until my age exceeds my bust measurement! The point that I am trying to make is that if your own butt is at stake in a legal matter, it pays to pay attention to a trained attorney's advice over a lay person (no pun intended), no matter how personally experienced that lay person might be. I'm not a lawyer, I'm not an accountant, I'm not an IRS agent, but I've sure had to deal with quite a few of them over the years.

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