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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 118688
Experience:  Attorney At Law handling education matters.
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I am a self employed courier who only income is from driving

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I am a self employed courier who only income is from driving for a delivery company as an independent contractor. My wife and I need to file Chapter 7 Bankruptcy. I drive about 43,000 per year on a standard route the same every day. I use the standard deduction with the IRS and log and manifest records with my start and finish and total business miles for each days trip. A local attorney told me that that the Bankruptcy court won't accept this, I must provide receipts which I don't keep. True?
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

The attorney is correct in that most times the courts will not simply accept this and you would need to work with your attorney to create some supporting documentation, even if you cannot find receipts, to prove the miles, you can try to piece it together to validate your logs from maintenance records where the garage may have logged your miles or through some other types of records you can gather to validate your logs.

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Customer: replied 3 years ago.

Hi, thanks for your answer and I'd be happy to rate you but I guess I didn't state my question clearly. Assuming I can prove my miles since I drive the same route everyday and the route is specified in a Job Order and Job Description by the courier company I drive for (and who 'leases' me and mu vehicle) in my job order and the miles are obvious by punching the cities that I am paid to drive to on my manifest in a map program - or - by repair receipts like you mentioned THEN does the Bankruptcy court use the standard business mileage deduction specified by the IRS? I was told they don't allow that standard 56.5 cents per mile even if you prove your miles - they ONLY will take provable receipted actual vehicle expenses and NOT mileage deductions (like the IRS allows). That was the question but I am not sure I made myself clear so thank you for your answer - we are consulting another attorney instead next week so I'll be asking him.

Thank you for your response and clarification.

If you can prove your miles from orders and maps showing distance, then this would be something you could use to claim and the bankruptcy court would have to evaluate your proof to accept it or not. But generally a bankruptcy court would accept the proper determination of mileage under IRS rules.