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Filing a dba in Texas
All residents filing a dba in or assumed name certificate within the
state remain personally liable as if conducting business in their given
name. Normally, filing a dba is a simple process with both the Secretary
of State and County Clerk. Once filed, all dba and assumed names become
public record and must provide the name of the individual, address and
telephone for contact.
Effect of filing a dba in Texas on bankruptcy liability
Discharge in both Chapter 7 and Chapter 13 against a creditor
operating under an assumed name is effective against the legal entity,
as well as all subsequent assignees and designees. Discharge has the
same legal effect as wiping out debt as if it never existed, and
creditors may not report future nonpayment. But, future reference to
filing bankruptcy is allowed.
The Secretary of State for the State of Texas provides corporate information via telephone. This information includes the name, address and contact information for the corporate representative, as well as the date of original incorporation and whether the entity remains active. All bankruptcy cases require a list of creditors, and if the address included within the list of creditors is incorrect, and notice of filing is not delivered, subsequent actions taken by the Bankruptcy Court are ineffective against that creditor. Failure to provide notice is one of the damaging and easily preventable errors made by debtors.
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