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Non-compete provision discharged through bankruptcy
- Smith Gambrell & Russell LLP
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- USA
- -
- April 4 2013
A bankruptcy court in Texarkana, Texas held that breaches by two debtor-franchisees of a non-competition covenant in their franchise agreement with a
District Court affirms Bankruptcy Court determination that option holder had standing under Texas Deceptive Trade Practices Act
- Gray Plant Mooty
- -
- USA
- -
- March 13 2013
In Carroll v. Farooqi, 2013 U.S. Dist. LEXIS 22329 (N.D. Tex. Feb. 19, 2013), the United States District Court for the Northern District of Texas
Good news: trademark use after licensor's bankruptcy
- Fox Rothschild LLP
- -
- USA
- -
- December 31 2012
Title 11 of the United States Code, better known as the “Bankruptcy Code”, allows companies to not only restructure their debts, but to modify current
The continued use of a trademark following termination of a franchise agreement can lead to a non-dischargeable debt in bankruptcy cases
- Roetzel & Andress
- -
- USA
- -
- July 30 2012
The Bankruptcy Code in the United States is generally intended to give honest but unfortunate debtors the opportunity for a fresh start
Franchises filing bankruptcy: the Los Angeles Dodgers
- Roetzel & Andress
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- USA
- -
- July 5 2011
Unless you’re not a sports fan or simply don’t follow Major League Baseball (MLB), you probably know that the Los Angeles Dodgers filed a chapter 11 bankruptcy petition on Monday, June 27, 2011
Don’t let bankruptcy scare you away from a good opportunity
- Roetzel & Andress
- -
- USA
- -
- May 10 2011
A recent bankruptcy case in Pennsylvania, In re Shubh Hotels Pittsburgh, LLC, 439 B.R. 637 (Bankr. W.D. Pa. 2010), held that as long as the “debtor-in-possession” exercises its sound business judgment when making its decision, the “debtor-in-possession” can enter into a new 15-year franchise agreement over the objection of the secured lender
Labor and employment issues in special servicer and other third-party management agreements
- Baker Donelson Bearman Caldwell & Berkowitz PC
- -
- USA
- -
- April 11 2011
When a special servicer or third-party manager takes over a distressed asset or franchise, no one thinks about labor and employment issues until a problem surfaces
Considerations in terminating an insolvent franchisee
- Wiley Rein LLP
- -
- USA
- -
- November 2 2010
In addition to the cases discussed in "Considerations in Terminating an Insolvent Franchisee" in the June 24, 2010, Franchise Alert, two recently reported decisions have looked at franchisor attempts to gain relief from bankruptcy stays in order to enforce post-termination provisions
Considerations in terminating an insolvent franchisee
- Wiley Rein LLP
- -
- USA
- -
- June 24 2010
During the current economic downturn, a number of financially distressed franchisees either have filed or may file for bankruptcy protection to restructure their financial obligations
What a difference the right “players” can make - major sports franchises in Chapter 11
- Manatt Phelps & Phillips LLP
- -
- USA
- -
- June 10 2010
The intersection between major league sports franchises and Chapter 11 was something, a few years ago, that many thought was unlikely at best and virtually impossible at worst
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