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Dissolving Corporation / Creating Corporation

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    Dissolving Corporation / Creating Corporation

    I just recived my CH 7 Discharge in Florida

    One of the Debts which was discharged on my petition is:
    $25,000 on a business credit card which I was the personal guarantor for.

    My Attorney told me to protect myself from having the Creditor going after my business by legally closing and dissolving the corporation. This is something I am in the midst of doing.

    My business name is very important to me so my question is regarding the legality of the new name.

    I will make up a name to use as an example.

    Lets say the old businees name is TerraBella Real Estate Services Inc.

    Can I create another company called: TerraBella Inc.

    The reason I ask this is because I have spent a lot of time and money on the branding.

    Can a creditor come after me if I have this new corporation with a new name?

    #2
    Check with your secretary of state website and see if they will allow the name. It can be close, but not close enough to create any confusion.

    And no, they can't come after the new corp or you for the old corp debt.
    All information contained in this post is for informational and amusement purposes only.
    Bankruptcy is a process, not an event.......

    Comment


      #3
      Originally posted by scs30885
      Can a creditor come after me if I have this new corporation with a new name?
      Nope. Make sure you do it right however, you need new tax ID's, licenses, etc. Don't use anything from the old business.
      Filed CH13 - 06/2009
      Confirmed - 01/2010

      Comment


        #4
        A creditor cannot come after a discharged debt. I believe you are worried that the creditor may try just to hurt your business' name by making that all public so I can see your point. You need to check your state incorporation laws as to having a similar name for your new business and also if the name is available. All state incorporation laws are different.
        _________________________________________
        Filed 5 Year Chapter 13: April 2002
        Early Buy-Out: April 2006
        Discharge: August 2006

        "A credit card is a snake in your pocket"

        Comment

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