Franchisee Bankruptcies: Key Issues at the Intersection of Bankruptcy and Franchise Law [CC]

Franchisee Bankruptcies: Key Issues at the Intersection of Bankruptcy and Franchise Law [CC] — CLE 90 min

Retailers and restaurants are filing for bankruptcy protection at increasing rates, primarily because of changing consumer preferences away from brick-and-mortar establishments and toward online shopping and food delivery services. This program, presented by a retired U.S. Bankruptcy Judge and an experienced franchise practitioner, will analyze the key issues that arise when bankruptcy and franchise law intersect.

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Closed Captioned. The panel will discuss the bankruptcy tools a franchisee may employ to cure defaults under the franchise agreement to continue operations and prevent termination. Additionally, the panel will discuss the mechanics of the automatic stay and stay relief, along with rights and defenses related to assumption and assignment of franchise agreements and unexpired leases. This panel will also address the most common legal issues arising in a franchisee bankruptcy and provide insight, practice points, and strategic considerations from the perspective of the franchisee, the franchisor, and the bench.

In-house counsel and outside franchisee and franchisor counsel will learn to:

• Recognize bankruptcy basics: types of cases, relevant parties and estimate the general timeline and order of key events in a Chapter 11 reorganization
• Understand the application of the automatic stay and recognize the legal standard and grounds for obtaining relief from stay
• Recognize what constitutes property of the estate and analyze the timing and propriety of franchise agreement terminations with state law considerations
• Analyze the applicable standards for assumption, rejection and assignment of franchise agreements and unexpired leases and analyze distinctions with Circuit splits

Closed Captioned.

Panelists

Elizabeth Rose, Mary Grace Diehl

Sponsors

Forum on Franchising

Product Code

FR2003FRBOLC

Duration

90

Publication Date

3/26/2020 12:00:00 AM

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