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News Briefs
Highlights of the latest franchising news from around the country.
Lease Termination Fees May Be an Avoidable Preference Under the Bankruptcy Code
Recently, the Eleventh Circuit considered whether future rent under a lease was "debt" for purposes of bankruptcy, and held that a tenant becomes "indebted" to the landlord for all future rental payments for the life of the lease at the moment the lease is executed.
Court Watch
Highlights of the latest franchising cases from around the country.
The Use of 'Use' Clauses in Restaurant Leases
This article covers one important issue that can be problematic for both landlord and restaurant tenant if not thoughtfully addressed within the lease: the "use" clause.
How the New FDD Has Affected the Franchise Sales Process
Based on what the author has heard since franchisors have updated their FDDs, there are mixed feelings as to whether changes to the Franchise Rule have improved or complicated the sales process from the perspective of franchisors.
Developments in Distressed Lending
Recently, in two separate cases, secured lenders have received, as part of their adequate protection package, the right to obtain principal paydowns during a bankruptcy case.
Unprecedented Challenges in Commercial Real Estate Restructuring
The authors identify some practical "watch out for's" when attempting to restructure a CRE entity against the backdrop of today's unprecedented market conditions.
November issue in PDF format
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In the Marketplace
Highlights of the latest equipment leasing news from around the country.
League Impact on the Sports Team Bankruptcy Process
In Part One of this article, the authors explored two recent Chapter 11 bankruptcy cases for the Chicago Cubs and the Texas Rangers. The conclusion herein discusses the Chapter 11 experience of the NHL's Phoenix Coyotes.

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