Franchisee Bankruptcies: Key Issues at the Intersection of Bankruptcy and Franchise Law

Level: Intermediate
Runtime: 91 minutes
Recorded Date: March 26, 2020
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• The Bankruptcy Basics
        - Different Types and Chapters of Bankruptcy Filings
        - Relevant Parties
        - Most Common Key Events with Franchisee Bankruptcies
• The Automatic Stay
        - Understanding the Application of the Automatic Stay
        - Interpret the Scope
        - When to Seek Stay Relief
        - Employing Common Grounds for Stay Relief
• Property of the Estate
        - Preparing Effective and Enforceable Terminations
        - Predict and Plan for State Law Considerations
• Assumption, Rejections and Assignment for Franchise Agreement(s)
        - Evaluate Restrictions on Assumption
        - Understanding the Effect of Rejection, including Covenants

Runtime: 1 hour, 31 minutes
Recorded: March 26, 2020


The panel will discuss the bankruptcy tools a franchisee may employ to cure defaults under the franchise agreement to continue operations and prevent termination. Additionally, the panel will discuss the mechanics of the automatic stay and stay relief, along with rights and defenses related to assumption and assignment of franchise agreements and unexpired leases. This panel will also address the most common legal issues arising in a franchisee bankruptcy and provide insight, practice points, and strategic considerations from the perspective of the franchisee, the franchisor, and the bench.

This program was recorded on March 26th, 2020.

Provided By

American Bar Association


Elizabeth B. Rose

Partner and Co-Founder
Caiola & Rose, LLC

Elizabeth started her legal career at a large, well-respected international law firm in Atlanta before developing deep bankruptcy and insolvency-related expertise as a long-time law clerk to the Honorable Mary Grace Diehl in the U.S Bankruptcy Court for the Northern District of Georgia. Following her six-year clerkship, Elizabeth returned to private practice prior to co-founding Caiola & Rose. Elizabeth’s practice consists of litigating in bankruptcy, state and federal courts and providing business counseling. In bankruptcy proceedings, her practice focuses on representing the rights of franchisors, commercial landlords, and service providers as secured creditors, unsecured creditors, asset purchasers, and parties in adversary proceedings. Additionally, she litigates and provides counsel on a variety of franchise, real estate, and business disputes. Elizabeth couples her expertise with a problem-solving approach to get results.

In addition to her legal practice, Elizabeth serves on the national board of directors for Youth Villages, a non-profit organization serving needy families and children aging out of foster care. She is also an Advisory Board Member for the Emory Bankruptcy Developments Journal, a member of IWIRC (International Women’s Insolvency and Restructuring Confederation), and a University of Notre Dame Monogram Club Member (Two-time Captain and All-American for the Women’s Varsity Swimming & Diving Team).

Hon. Mary Grace Diehl

U.S. Bankruptcy Judge (ret.)
U.S. Bankruptcy Court Northern District of Georgia

Hon. Mary Grace Diehl is a U.S. Bankruptcy Judge for the Northern District of Georgia in Atlanta, appointed in February 2004.

Prior to taking the bench, she was a partner in the litigation section of Troutman Sanders LLP and chaired its Bankruptcy Practice Group. During her years in private practice, she was consistently named in The Best Lawyers in America and Chambers US: America’s Leading Business Lawyers. Judge Diehl is the immediate past president of the National Conference of Bankruptcy Judges, and serves on the Boards of Directors of ABI and the Turnaround Management Association. She is also a Fellow and vice president of the American College of Bankruptcy and a former president of the Southeastern Bankruptcy Law Institute.

Judge Diehl received the Woman of the Year in Restructuring Award in 2008 from IWIRC (International Women in Restructuring Confederation) and is a regular speaker at CLE programs. She served as a trustee of Canisius College from 2008-14 and has been an adjunct professor of law at Emory Law School.

Judge Diehl received her B.A. summa cum laude from Canisius College in Buffalo, N.Y., and her J.D. cum laude from Harvard Law School.

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