Using old business name after bankruptcy?

[KCMOOne]

I have declared personal bankruptcy over three years ago and want to restart my old business again. I was set up as a sole proprietorship at the time of the filing. I would like to use the old company name, but this time as an LLC. The company had a great track record with customers, but I went thru a serious lawsuit that crippled me financially. The law suit was finally ruled in my favor, but attorney fees wiped me out completely.

Is it possible to restart again using the same company name, but this time as an LLC and be legal? I want to maintain my positive customer relationships that I nurtured and maintained.

[jimbo367]

Not a problem at all the corp is a totally different entity.

I used www.incorporatetime.com to do my corps

[frogger]

Check with your secretary of state and make sure that the name you want is available.

[BCA2009]

I agree no problems, As a matter of fact even if your old BK business had been incorporated, you could create a new business with a slightly differerent name.

" Joe's Plumbing, Inc" could be "Joe's Plumbing II, Inc". You would need to use the new name on offical correspondence, But on the side of your truck or store signage you could use the old name. The only issue you would have is if the previous name was trademarked and the trustee sold the business in BK to someone else.

This is obviously not your situation.

[Mensa1]

No problem KCMO... In a nutshell, you form your LLC, like "KCMO, LLC" and then you reserve a "ficticious name", like or similar to your old biz name, e.g.: "KCMO Plumbing" and your official name use of your co would be "KCMO, LLC dba KCMO Plumbing". The actual entity is only the KCMO, LLC.

Here is the site for: MO Secy of State - Starting a Business

Ficticious Name use for DBA registration

[ForwardBound]

No problem KCMO... In a nutshell, you form your LLC, like "KCMO, LLC" and then you reserve a "ficticious name", like or similar to your old biz name, e.g.: "KCMO Plumbing" and your official name use of your co would be "KCMO, LLC dba KCMO Plumbing". The actual entity is only the KCMO, LLC.

Here is the site for: MO Secy of State - Starting a Business

Ficticious Name use for DBA registration

This is exactly what I did. Had an LLC with a d.b.a name in another state. Like the OP, wanted to use the same name because it fits well with what I am doing in our new state. Plus had the logo, marketing materials, etc....

Filed/formed a new (single member) LLC with a slightly different name, then filed a fictitious name and presto! Good to go with the old business name. Quite straight forward
actually.