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    Breakaway franchisees - REDgroup retail
    2011-07-05

    With REDgroup administrators, Ferrier Hodgson, desperately searching for a buyer for REDgroup's Australian book business, the consequences for franchisees remains uncertain.  Whilst the nine remaining Borders bookstores are set to close, no decision has yet been made on the future of Angus & Robertson (A&R).

    Filed under:
    Australia, Franchising, Insolvency & Restructuring, Hall & Wilcox, Bankruptcy, Legal personality, Retail, Advertising, Code of conduct, Franchise agreement
    Location:
    Australia
    Firm:
    Hall & Wilcox
    You are not alone in a default - Third party interests in commercial leases
    2016-04-29

    This article was presented at the Canadian Law Conference of The International Council of Shopping Centers in April 2016.

    There has been a lot written regarding a landlord’s options and remedies upon the default of a tenant under a commercial lease. This paper explores the considerations to be given specifically to third parties at the time of default and potential termination.

    Filed under:
    Canada, British Columbia, Franchising, Insolvency & Restructuring, Litigation, Real Estate, Tax, Sotos LLP, Landlord, Leasehold estate, Franchise agreement
    Authors:
    Allan Dick , Yianni Alexopoulos
    Location:
    Canada
    Firm:
    Sotos LLP
    Settlement agreements: steps to protect enforceability
    2012-09-27

    On March 3, 2012, the Ontario Superior Court of Justice released its decision in Dodd v. Prime Restaurants of Canada Inc. (2012 ONSC 1578). The decision acts as a caution to franchisors to ensure their franchisees are fully informed and properly advised prior to entering into settlement agreements. Without such steps, franchisors may find releases rendered ineffective against subsequent statutory claims by the application of section 11 of the Arthur Wishart Act (the Act).

    Background

    Filed under:
    Canada, Ontario, Franchising, Insolvency & Restructuring, Litigation, Osler Hoskin & Harcourt LLP, Breach of contract, Negligence, Franchise agreement, Unconscionability, Ontario Superior Court of Justice
    Authors:
    Lia Bruschetta
    Location:
    Canada
    Firm:
    Osler Hoskin & Harcourt LLP
    Court overrules right to oppose franchise agreement assignment in bankruptcy
    2012-04-13

    Introduction
    Facts
    Decision


    Introduction

    Filed under:
    Canada, Alberta, Franchising, Insolvency & Restructuring, Litigation, Heenan Blaikie LLP, Bankruptcy, Franchise agreement, Ford Motor Company, Bankruptcy and Insolvency Act 1985 (Canada), Court of Appeal of Alberta
    Authors:
    Caireen Hanert
    Location:
    Canada
    Firm:
    Heenan Blaikie LLP
    Alberta Court confirms new rights for trustees of a bankrupt franchisee
    2011-10-14

    Summary

    Filed under:
    Canada, Alberta, Franchising, Insolvency & Restructuring, Litigation, Osler Hoskin & Harcourt LLP, Bankruptcy, Retail, Unsecured debt, Collateral (finance), Consent, Concession (contract), Franchise agreement, Prejudice, Ford Motor Company, Bankruptcy and Insolvency Act 1985 (Canada), Trustee, Court of Appeal of Alberta
    Authors:
    Colin Feasby , Tamara Prince , Michael Bokhaut
    Location:
    Canada
    Firm:
    Osler Hoskin & Harcourt LLP
    Franchise agreements may be assigned to another franchisee without consent upon bankruptcy
    2011-06-16

    A recent Alberta appellate decision establishes that a trustee in bankruptcy may sell a franchise agreement to a third party, in spite of objections by the franchisor, under the Bankruptcy and Insolvency Act (BIA). The Alberta Court of Appeal’s decision in Ford Motor Company of Canada Ltd v Welcome Ford Sales Ltd contains three important messages for franchisors:

    Filed under:
    Canada, Alberta, Franchising, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP, Bankruptcy, Consent, Legal burden of proof, Franchise agreement, Ford Motor Company, Bankruptcy and Insolvency Act 1985 (Canada), Trustee, United States bankruptcy court, Court of Appeal of Alberta
    Authors:
    Jane Langford
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP
    Franchising and insolvency
    2016-03-08

    Introduction

    Filed under:
    Germany, Franchising, Insolvency & Restructuring, Litigation, Noerr PartGmbB, Debtor, Franchise agreement
    Authors:
    Karsten Metzlaff , Karl Rauser
    Location:
    Germany
    Firm:
    Noerr PartGmbB
    Decoding the Petroleum Marketing Practices Act (PMPA) as It Pertains to Bankruptcy
    2019-03-29

    A gasoline retailer defaults on its obligations under an ongoing Franchise Agreement that it has with a brand name in the oil & gas industry. What steps are available to the franchisor to protect its economic interests in that particular station or station(s)? How about if the franchisee/retailer files for bankruptcy protection? As the Energy Capital of the World, this issue is particularly relevant in Texas, home to thousands of retailers and dozens of the world’s top brands.

    Filed under:
    USA, Franchising, Insolvency & Restructuring, Kane Russell Coleman Logan PC, Franchise agreement
    Authors:
    Paul Hammer
    Location:
    USA
    Firm:
    Kane Russell Coleman Logan PC
    Considerations in terminating an insolvent franchisee
    2010-06-24

    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. As a result, franchisors should familiarize themselves with some bankruptcy basics before they are confronted with the situation.

    What Happens If One of Our Franchisees Declares Bankruptcy?

    Filed under:
    USA, Franchising, Insolvency & Restructuring, Litigation, Wiley Rein LLP, Bankruptcy, Conflict of laws, Debtor, Breach of contract, Franchise agreement, Default (finance)
    Authors:
    Robert A. Smith , P. Nicholas Peterson
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Sports clubs vs. sports leagues: battleground bankruptcy court
    2010-08-02

    With the August 4, 2010 auction of the division leading Texas Rangers looming and the memory of last year's bankruptcy sale of the Phoenix Coyotes fresh in our minds, there has been a lot of discussion among bankruptcy professionals about the unique issues that arise when a sports club files for bankruptcy. Generally, sports clubs file bankruptcy for the same reasons as other businesses — as a last resort to save going concern value and/or to avail themselves of some strategic advantage under the Bankruptcy Code.

    Filed under:
    USA, Insolvency & Restructuring, Media & Entertainment, ArentFox Schiff, Bankruptcy, Debtor, Debt, Franchise agreement, Distressed securities, Trustee, United States bankruptcy court
    Authors:
    M. Douglas Flahaut , Aram Ordubegian
    Location:
    USA
    Firm:
    ArentFox Schiff

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