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Franchise Agreements Debtors Commercial Bankruptcy

Lathrop GPM

California Bankruptcy Court Rules that Section 364(c)(1) of the Bankruptcy Code Allows Popeyes Louisiana Kitchen to Block Chapter...

Lathrop GPM on

A bankruptcy court in California denied Pinnacle Foods of California, LLC’s motion to assume six separate franchise agreements with franchisor Popeyes Louisiana Kitchen, Inc. In re Pinnacle Foods of California LLC, 2024 WL...more

Lewitt Hackman

Franchisee 101: Non-Compete Jumpstarted in Bankruptcy

Lewitt Hackman on

A Michigan bankruptcy court held that a debtor-franchisee seeking to reject a franchise agreement for an auto repair center could not reject either a stand-alone confidentiality agreement with the franchisor or the...more

Nelson Mullins Riley & Scarborough LLP

Eleventh Circuit Upholds Settlement Agreement Obtained Under Threat of Criminal Prosecution

It is widely known that federal law criminalizes certain bad acts in connection with bankruptcy cases. See 18 U.S.C. §§ 151—158. For example, 18 U.S.C. § 152 makes it a crime to, among other things, conceal bankruptcy estate...more

Jones Day

Patently Abusive Chapter 11 Cases Filed by Non-Financially Distressed Companies Dismissed for Bad Faith

Jones Day on

In the service of the Bankruptcy Code’s goals of giving debtors a "fresh start" and ensuring that estate assets are fairly and equally distributed among similarly situated creditors, the Bankruptcy Code contains an array of...more

Foley & Lardner LLP

Franchisor Bankruptcy Case Dismissed as a Bad Faith Filing

Foley & Lardner LLP on

The United States Bankruptcy Court for the District of Delaware recently issued an opinion discussing the tension between using bankruptcy as a legitimate tool to maximize value versus using bankruptcy merely as a litigation...more

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