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.

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. (Delaware Bankruptcy Court, Case Number 11-12010.) According to Forbes magazine, the Dodgers are one of the most valuable baseball franchises in America. Nevertheless, the franchise hit hard times and filed for bankruptcy.

The Bankruptcy Code in the United States is generally intended to give honest but unfortunate debtors the opportunity for a fresh start. This includes the honest but unfortunate franchisee who attempts to start a franchise but ultimately fails. Generally, if a franchisee files a personal bankruptcy case, the personal liability of the individual who filed bankruptcy is discharged and that individual has the opportunity for a fresh start.