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Insolvency Insights

Franchisor Strikes Out in Bankruptcy Court

Occasionally, a case comes along that shows how things can go wrong for a franchisor in bankruptcy court.  Cumberland Coral, LLC, is just such a case.  To learn more about the case and the issues raised for franchisors and franchisees […]

Bankruptcy Court: It Is the Proper Forum for Trade Secret Dispute

To find out how one bankruptcy court addressed these issues, click on the link below to an article written by Angie Offerman and recently published in the ABI Technology & Intellectual Property Committee Newsletter: […]

How Bankruptcy Affects Franchise Agreements

Few assets in the hospitality industry are more valuable and important than the franchise agreements.  The bankruptcy filing of a franchisor or a franchisee can greatly increase the uncertainty of how and when the provisions of a franchise agreement […]

The Power of a Trust Fund Claim: Paying Milk Producers First

The Texas Agricultural Code requires milk processors to hold funds in trust for the benefit of milk producers, including dairies and cooperatives.  A trust fund is a powerful tool that will allow a milk producer to be paid ahead of other creditors […]

The Art of Defending Preferential Transfers – Part Two: The Defenses

Learning how to defend a preferential transfer action is a particularly useful art for the credit professional.  In Part One, we discussed the Bankruptcy Code's specific requirements that must be established by the debtor or trustee in order for a transfer […]

It Matters Whether an Agreement is "Executory"

A recent decision by the full contingent of judges from the Eighth Circuit Court of Appeals (covering seven Midwest states) demonstrates that a common bankruptcy term should be added to your vocabulary.  That term is "executory."  […]

When the 90-day Preference Period is not 90 Days

It's generally known that Bankruptcy Code section 547(b)(4)(A) provides that for non-insider creditors, a preferential transfer is one made "on or within 90 days before the date of the filing of the petition."  The calculation of the 90-day "preference […]