amending to add dba
Posted: Tue Mar 11, 2014 10:30 am
A dba is required so anyone who deals with the business will know with whom they are dealing. If you call your business "xfactory" no one knows who is the owner. Corps, llc's, etc, must file a list of their officers, etc. A dba is the only way to know who to sue if the business name does not contain a human's name.
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Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
> On Mar 4, 2014, at 4:12 PM, Link Schrader wrote:
>
> The purpose of filing a dba is to protect its owner from any other entity claiming the name in the county were the dba is filed. This is a separate issue than informing the trustee that the debtor has used a dba (albeit one that lacks the protection of filing). I don't see why the amended petition would need to wait on the debtor filing a dba.
>
> Link Schrader, Attorney
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>> On Tue, Mar 4, 2014 at 3:42 PM, Larry Webb wrote:
>>
>> At the 341 (Ch11), client casually mentions that she uses a dba in her sole proprietor dog breeding business. OUST asks for an amended petition to add the dbas. Client agrees.
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>> Issue; Client filed her dba 30 plus years ago in a different county. Dbas have to be renewed every five years. The dbas the client believes she has do not show up on any license, tax return or bank account. I believe in a business law context I could argue she has a common law trademark but thats not the issue. In state court litigation you can refile a lapsed dba any time before trial to cure the defect. I believe the client needs to refile her dba before we amend the petition to include the dba. Any contrary thoughts?
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>> Best Regards
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>>
>>
>>
>>
>> Larry Webb
>>
>> Law Office of Larry Webb
>>
>> 484 Mobil Ste 43
>>
>> Camarillo, Ca 93010
>>
>> 805-987-1400
>>
>> http://www.thousandoaksprobate.com/
>>
>> Email Larry@webbklaw.com
>>
>
>
> Link Schrader, Attorney
> Law Office of Link W. Schrader
> Mail: P.O. Box 3723, Tustin, CA 92781
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> This communication and any files transmitted with it contain information which is confidential and may be privileged and exempt from disclosure under applicable law. It is intended solely for the use of the individual or intended recipient. You are hereby notified that any use, dissemination or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the sender. Thank you for your cooperation.
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On Mar 4, 2014, at 4:12 PM, Link Schrader <lschrader@schrader-law.com> wrote:
The purpose of filing a dba is to protect its owner from any other entity claiming the name in the county were the dba is filed. This is a separate issue than informing the trustee that the debtor has used a dba (albeit one that lacks the protection of filing). I don't see why the amended petition would need to wait on the debtor filing a dba.
Link Schrader, Attorney
Law Office of Link W. Schrader
P.O. Box 3723, Tustin, CA 92781
Office: (714) 542-5922; Mobile/Text: (310) 413-6924
Fax: (310) 878-4158; www.schrader-law.com
_______________________________________
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