Card image cap

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

Level: Intermediate
Runtime: 91 minutes
Recorded Date: March 26, 2020
Click here to share this program
Printer-Friendly Version
Closed Caption


• 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
Card image cap


Card image cap

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).

Card image cap

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.

Card image cap

Similar Courses

Card image cap
97 minutes
26 Words that Created the Internet - Basics of the Communications Decency Act Section 230 Safe Harbor
This program will examine the basics of CDA 230 and its day to day affect for those who advise internet businesses as well as those who litigate against them. It will give practical guidance as to what extend internet companies can or should edit or censor the information their users contribute to their sites and to what extent those users will actually be liable.

New Media Rights


Add to Cart
Card image cap
76 minutes
360-Degree of Investigation - A Roundtable Discussion Regarding Investigations of Debtors and Recovery of Assets
This panel of lawyers and insolvency professionals with bankruptcy expertise will lead a roundtable discussion regarding investigation of debtors and recovering assets to enhance the value of a bankruptcy estate.

American Bankruptcy Institute


Add to Cart
Card image cap
63 minutes
360-Degree View on How to Navigate a Crisis
During this session, our panel of experts will explore the following topics to arm you with a plan to protect the company and minimize long-term problems: - Building a crisis management team and understanding each person’s unique role -Preparedness – advance planning and assessing potential risk areas - First Response – responding in the critical first hours and days to minimize the long-term impact - Resolution Strategy – managing various actions stemming from the crisis to enable the best resolution for the company.

Women, Influence & Power in Law Conference


Add to Cart
Card image cap
63 minutes
40 Years of Data: What the Data on the Industry Says About Its Future
For 40 years, The American Lawyer, its affiliate publications and ALM Intelligence’s Legal Compass have been collecting data on law firms, clients and providers. What does the data tell us about where the industry is headed? We will take a deep dive into our data and others’ to assess the state of the industry and its future.



Add to Cart
Previous Next