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View Full Version : Can I continue to use the same business name after chapter 7


patterson1116
Jan 23, 2010, 06:10 AM
I'm in Texas, can I continue to do business in the same name that I filed Chapter 7 in? If so, is there a waiting period and how long of a wait?

XTC832
Jan 23, 2010, 09:45 AM
There is no rule or stipulation in the Federal Bankrutpcy code that would disallow the use of the same name, unless of course the court prohibits it, but they would need cause to do so. However, Texas law and your local chamber of commerce may have "blue" laws that warn against it for several reasons.

A bankrupt business that retains the same name may easily become "blacklisted" in the financial community. You can imagine the confusion that would arise if the same name is used. Family-named businesses do that so the name lives on. But on the flip side, credit reports, prospective clients or investors, customer ratings, internal and external suppliers--all of these and more could be easily and adversely affected and/or influenced in some way. One footnote here--certain automakers (who shall remain nameless) filed bankrutpcy and kept the same name. Large companies of that magnitude usually escape the adverse affects. Depending on the size of your business, you may wish to think if using the same name will cause you more harm than good. Take care.