1099-C real estate appraiser Termination clause for bankruptcy

[PeteJac93]

I am currently a 1099-C Trainee appraiser. For those unfamiliar with the field it is generally agreed amongst appraisers that trainee do not meet the 1099-C criteria and really should be a W-2. This is true in my case, consulting with an employment attorney. Trainee Appraisers are paid low 30-40K a year which the low end can cover my bills & expenses. I’m currently in 60k of debt 35-40 is unsecured. I’m considering filing on that but really concerned about losing this opportunity. I only got a bachelors degree because the state certified general license requires one. It took 3 years to find this position. I’m considering challenging my 1099 to become a W2 to have protection from termination for filing. Or just hiding it from my employer? Maybe they check public records periodically but I doubt it don’t know though. Worse comes to worse I’ll hold out for 3 years to get my license which my income will rise over those 3 years 30>45>60. Do you think this termination is a them thing or is it industry wide ? Thank you for any advice.

[justbroke]

Are you saying that there is a termination clause in your contract? See 11 USC 541(c) for general contracts and 365 for executory contracts... bankruptcy clauses are generally nonenforceable.

These so-called ipso-facto clauses are standard boiler-plate language in just about all contracts. Maybe your employment attorney can answer the question better. Besides, there may be other terms in the employment contract which govern your relationship and allows them to terminate the contract with or without cause. Your employment attorney is best suited for interpreting your contract.