The Bankruptcy Handbook for Franchisors and Franchisees - Jason B Binford

The Bankruptcy Handbook for Franchisors and Franchisees Jason B Binford ISBN 9781641051972

Financial distress and bankruptcy are an unfortunate reality in some franchisor–franchisee relationships. Each year, a portion of struggling franchisees seek bankruptcy protection, and franchisors themselves may also face insolvency, placing entire franchise systems into bankruptcy proceedings. For both franchisors and franchisees, bankruptcy—governed primarily by Title 11 of the United States Code—can serve multiple purposes depending on the circumstances, including financial restructuring, facilitating the sale of a business, or liquidation.

The Bankruptcy Handbook for Franchisors and Franchisees examines the bankruptcy issues unique to franchising and the distinct challenges faced by franchisors and franchisees when either party enters bankruptcy. Written and edited by experienced franchise law practitioners, the book addresses bankruptcy from every perspective, with particular attention to the differing legal and practical implications of a franchisee bankruptcy versus a franchisor bankruptcy.

Across eleven in-depth chapters, the handbook explores the intersection of bankruptcy and franchise law—from the initial decision to file, through the various options available during a bankruptcy case, to its ultimate resolution by reorganization, sale, or liquidation.

In addition to covering pre-bankruptcy planning and the filing process, the book addresses key topics such as:

• The automatic stay and its impact on franchise relationships

• Cash collateral issues under Section 363(a) of the Bankruptcy Code

• Assumption, assignment, and rejection of franchise agreements

• Intellectual property rights and licenses in bankruptcy

• Claims and claims litigation

• Bankruptcy sales and related strategic considerations

• Plans of reorganization, disclosure statements, and the confirmation process

• Chapter 7 liquidation proceedings

• Individual reorganization bankruptcies

This comprehensive resource provides practical guidance for navigating the complex legal terrain where franchise law and bankruptcy intersect, making it essential reading for attorneys advising franchisors, franchisees, and franchise systems in financial distress.

The Bankruptcy Handbook for Franchisors and Franchisees Jason B Binford ISBN 9781641051972, 978-1641051972 & 9781641051989

Editors
Jason B Binford
Daniel M Eliades