Retail and Restaurant Bankruptcies: Current Issues for Debtors, Landlords, and Vendors
Assumption or Rejection of Leases, Franchise Agreements, Gift Cards, Consignment Rights, and Going-Out-of-Business Sales
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will provide counsel with the tools to address the specific issues that arise during retail and restaurant bankruptcies. The panel will review topics related to leases and other executory contracts, franchise agreements, vendor rights, gift cards, and the many other issues unique to retail and restaurant insolvencies.
- The upswing in retail and restaurant bankruptcies
- Assumption and rejection of leases: treatment of rent pre- and post-petition
- Customer incentives post-petition: gift cards and loyalty programs
- Vendors: consignment, stay relief, and other issues
- Inventory and going out of business sales
- Future trends and miscellaneous issues
The panel will review these and other key issues:
- What is the procedure and timing for assuming or rejecting leases in bankruptcy?
- What steps may vendors take to protect their rights to consigned goods?
- What are some of the constraints on going-out-of-business sales, and how are they resolved in bankruptcy?
- What novel approaches are being developed to deal with the pandemic?
John W. Lucas
Pachulski Stang Ziehl & Jones
Mr. Lucas represents debtors, creditors' committees, creditors, and trustees in chapter 11 cases and companies in... | Read More
Mr. Lucas represents debtors, creditors' committees, creditors, and trustees in chapter 11 cases and companies in out-of-court restructurings with an emphasis on transportation, financial products, food services, retail, automotive, and technology.Close
Managing Director, Restructuring Group, TRS Advisors
Ms. Stratton has significant experience providing debt advisory, equity private placements, capital markets, mergers... | Read More
Ms. Stratton has significant experience providing debt advisory, equity private placements, capital markets, mergers and acquisitions, and restructuring advisory services to companies across many industries, including consumer products (restaurants, food and agriculture), industrials and healthcare. She is a Certified Insolvency and Restructuring Advisor, a board member of the Association of Insolvency and Restructuring Advisors, and a member of the Turnaround Management Association and ABI.Close
Alvarez & Marsal
Mr. Tibus specializes in developing, evaluating, and implementing performance improvement and restructuring plans for... | Read More
Mr. Tibus specializes in developing, evaluating, and implementing performance improvement and restructuring plans for underperforming companies, largely in the restaurant, retail and hospitality sectors. He has over 20 years of experience in interim management and financial advisory roles and has managed numerous in-court and out-of-court restructuring efforts. In addition to advising companies, Mr. Tibus also has extensive experience advising lenders, creditors, and franchisees.Close
Nelson Mullins Riley & Scarborough
Mr. Trache focuses his practice in bankruptcy and financial restructuring. He has experience representing Chapter 11... | Read More
Mr. Trache focuses his practice in bankruptcy and financial restructuring. He has experience representing Chapter 11 debtors, bankruptcy trustees, major creditors, and other parties in business bankruptcy cases in many industries including mass media, legal services, aviation, retail, manufacturing, and food and beverage. Mr. Trache also has experience representing plaintiffs and defendants in avoidable preference, fraudulent conveyance, claim objections, and other bankruptcy litigation. His experience also includes representing buyers and sellers of assets in sales conducted under Section 363 of the United States Bankruptcy Code.Close