Insolvency in Franchise Businesses: Minimizing Risk and Maximizing Recovery Under the Bankruptcy Code

Recording of a 90-minute CLE teleconference with Q&A


Conducted on Thursday, December 4, 2008
Recorded event now available


Description

The weakening economy is causing franchises, from restaurants to convenience stores to staffing services, to seek bankruptcy protection. Franchisors and franchisees are both facing insolvency.

The Bankruptcy Code addresses how franchise agreements are treated in bankruptcy. However, the Code does not resolve all unique issues that arise for franchisors and franchisees. It is critical that franchise counsel develop strategies to anticipate and protect against the fallout from bankruptcy.

Listen as our panel of bankruptcy attorneys reviews key legal issues that arise during a franchisor or franchisee bankruptcy. The panel will offer best practices for parties to a franchise agreement to protect their respective interests and maximize their recovery under the Bankruptcy Code.

Outline

  1. Franchise bankruptcy — overview and current trends
    1. Bankruptcy law generally
    2. Franchise law generally
    3. Current trends
  2. When a franchisee faces insolvency
    1. Pre-bankruptcy strategies
      1. Franchisee-debtor
      2. Franchisor-creditor
    2. Post-bankruptcy strategies
      1. Franchisee-debtor
      2. Franchisor-creditor
  3. When a franchisor faces insolvency
    1. Pre-bankruptcy strategies
      1. Franchisor-debtor
      2. Franchisee
    2. Post-bankruptcy strategies
      1. Franchisor-debtor
      2. Franchisee

Benefits

The panel will review these and other key questions:

  • How is the current economic crisis impacting franchise agreements?
  • What provisions can franchisors and franchisees consider in negotiating and drafting agreements to protect against potential losses due to bankruptcy?
  • What are the best and most cost-effective practices for a franchisor to pursue when a franchisee files for bankruptcy protection?

Faculty

Craig R. Tractenberg, Partner
Nixon Peabody, New York

He is a member of the firm's business litigation and bankruptcy teams. His representative matters include acquisitions and dispositions of franchise systems and restaurants, franchise encroachment, and termination and non-renewal litigation.

Timothy P. Duggan, Shareholder
Stark & Stark, Princeton, N.J.

He chairs the firm's Bankruptcy and Creditor's Rights group. He represents banks, equipment leasing companies, shopping centers and trade creditors in state court litigation and bankruptcy cases.

Nelwyn W. Inman, Shareholder
Baker Donelson, Chattanooga, Tenn

She advises clients in bankruptcy and restructuring issues. She defends creditors and other parties in preference suits, lien avoidance actions and other bankruptcy claims.

Ordering

Online CLE - Audio Recording

Includes audio streaming of full program plus handouts (available 24 hours after live seminar).

CLE: Pre-approved for participatory or non-traditional/alternate format credit in: CA, HI*, NY*, WV*. Pre-approved for self-study credit in: AK, AZ, MO, MT, TX*, VT, WA.
Upon request, also available in: CO, CT*, FL, GA, ID, KY, LA*, ME, NC, ND, NE, NH, NM, NV, OR*, SC, TN, UT, WI, WY. If you are applying for credit in one of these states, make sure to select those states when placing your order.
(*Indicates that Strafford must report attendance.)

Online CLE Audio $149.00
Available 24 hours after the live event

How does this work?


Recorded Event

Includes full event recording plus handouts (available after live seminar).

CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, HI, MO, MT, NY, TX*, VT, WA, WV. Upon request, self-study credit is also available in: CO, FL, GA, ID, KY, ME, ND, NE, NH, NM, NV, OR, UT, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com. (*Indicates that Strafford needs to process the CLE — see below to purchase this option.)

MP3 Download (Audio Only) $49.00
Available 24 hours after the live event

How does this work?

CD $49.00 plus $9.45 S&H
Available ten business days after the live event

Program Materials

Requires Adobe Reader 8 or later. Download Acrobat FREE.

Program Materials

Requires Adobe Reader 8 or later. Download Acrobat FREE.

or call 1-800-926-7926

Can't Attend the Live Program?

CLE Credit

Strafford's live seminars qualify for CLE in every state that accredits webinars. They offer you a high quality, cost effective, and convenient CLE option, with no lost travel time or expenses.

More Details >

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Customer Reviews

The webinar was very informative on very pertinent matters and had a good flow.

Noam Wiener

Allen & Overy LLP

The program material was very well organized and thorough.

Laura Buckley

Higgs, Fletcher & Mack

The program was very thorough, stayed on topic and was well organized.

Thad Wilson

King & Spalding LLP

The seminar was very insightful with a terrific grasp of the relevant case law and legal issues.

Gregory Fox

Friedman Kaplan Seiler & Adelman LLP

The speakers were knowledgeable and presented useful information.

Karen Shaffer-Levy

Reed Elsevier

or call 1-800-926-7926

Bankruptcy Law Advisory Board

Mark N. Berman

Partner

Nixon Peabody

Theresa V. Brown-Edwards

Partner

Potter Anderson & Corroon

Michael Foreman

Of Counsel

Haynes & Boone

Matthew Gensburg

Shareholder

Greenberg Traurig

Brian E. Greer

Partner

Dechert

Douglas Lipke

Shareholder

Vedder Price

Victor Milione

Partner

Nixon Peabody

Michael Solow

Partner

Kaye Scholer

Robert A. Weber

Counsel

Skadden Arps Slate Meagher & Flom

or call 1-800-926-7926

Our Guarantee

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