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

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

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Conducted on Thursday, December 4, 2008

Course Materials

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.

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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
Craig R. Tractenberg
Partner
Nixon Peabody

He is a member of the firm's business litigation and bankruptcy teams. His representative matters include acquisitions...  |  Read More

Timothy P. Duggan
Timothy P. Duggan
Shareholder
Stark & Stark

He chairs the firm's Bankruptcy and Creditor's Rights group. He represents banks, equipment leasing companies, shopping...  |  Read More

Nelwyn W. Inman
Nelwyn W. Inman
Shareholder
Baker Donelson

She advises clients in bankruptcy and restructuring issues. She defends creditors and other parties in preference...  |  Read More

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