I filed bankruptcy 5yrs ago, The past two years I had a small business as a D.B.A, can I file bankrupt again.
Asked on Nov 21st, 2012 on Bankruptcy - Massachusetts
More details to this question:
I filed chapter 7 in 2007, I had a small business that recently suffered hardship and I'm no longer in business. I ran this business as a D.B.A, I owe around 25,000.00 in debt which I have no means of making payments to payoff the debt. My question is can I file again under my D.B.A. Business?
This is an amazingly common misperception people have. Unless your "dba" is a corporation, then there is no legal difference between your small business and yourself. Thus, you cannot file another chapter 7 case until 8 years have passed since you filed your previous one (assuming you received a discharge of debts previously). So, you can file again in 2015. You can, however, file a Chapter 13 case now, assuming you are otherwise eligible.
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