News Briefs
Highlights of the latest franchising news from around the country.
Court Watch
Highlights of the latest franchising cases from around the country.
State Regulators Declare Registration Do's and Don'ts
At the "Ask the Regulators" session at the IFA's 2010 Legal Symposium, representatives of three registration states offered suggestions about how to make the franchise state-registration process run more smoothly.
Features
In the Marketplace
Highlights of the latest equipment leasing news from around the country.
District Court Recognizes Texas Legislation in Overturning Clark Contracting Decision
On April 14, 2010, the federal district court reviewing the <i>Clark Contracting</i> decision overturned the bankruptcy court and gave effect to the language in SB1592 that indicated that the legislation was a clarification of existing law rather than a change to the law.
Features
Bankruptcy Plan Sales: Secured Lenders Do Not Have an Absolute Right to Credit Bid
In a decision that could have wide-ranging consequences for secured lenders and the distressed debt market, a divided U.S. Court of Appeals for the Third Circuit has held that secured creditors do not have an absolute right to credit bid the value of their loans in Chapter 11 plan-based sales of assets.
Pre-packaged Bankruptcies: A Faster Way to Emerge from a Bankruptcy Involving Leases?
Traditional Chapter 11 reorganizations have proven to be costly and disruptive for corporate debtors. Section 363 sales have largely supplanted traditional Chapter 11 reorganizations because they are faster and more cost efficient. Though not a new concept, parties have recently opted to pursue "pre-packaged" bankruptcy filings or "pre-packs.
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