Retail and Restaurant Bankruptcies: Key Issues for Debtors, Landlords and Vendors
Assumption and Rejection of Leases, Franchise Agreements, Gift Cards, Consignment Rights, and Going-Out-of-Business Sales
Recording of a 90-minute premium CLE webinar with Q&A
This CLE webinar will provide counsel with the tools to address the specific issues that arise during retail and restaurant bankruptcies. The panel will provide guidance on topics related to leases and other executory contracts, franchise agreements, vendor rights, gift cards, and the many other issues specific 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--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?
Jeffrey N. Pomerantz
Co-Chair, Creditors' Committee Practice
Pachulski Stang Ziehl & Jones
Mr. Pomerantz sits on the Executive Committee of the American Bankruptcy Institute, the largest restructuring... | Read More
Mr. Pomerantz sits on the Executive Committee of the American Bankruptcy Institute, the largest restructuring organization in the U.S., and served as its President from 2016-2017. Mr. Pomerantz’s practice includes representing companies, creditors' committees, and private equity funds in complex financial restructurings and M&A transactions both in and out of court. He has particular expertise in restructurings in the energy, manufacturing, restaurant and retail sectors. Mr. Pomerantz also frequently represents private equity funds in asset- acquisition transactions.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
Managing Director, Restructuring and Special Situations
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