Why Businesses File Chapter 11

At the end of August, a potentially major legal showdown is scheduled to be heard in court as the company behind over 140 Applebee’s franchises fights against Applebee’s parent company. Approximately nine months ago, RMH Holdings, the second largest franchise holder of Applebee’s, stopped paying their parent company royalties and advertising fees. After months of contention, Applebee’s parent company, Dine Brands, attempted to regain control of the large number of RMH-owned locations by [...]

Executory Contracts in Business Bankruptcy

Business Bankruptcy Business bankruptcy, typically filed under Chapter 11 of the bankruptcy code, present a host of unique issues.   One of those issues is what happens to executory contracts.  What is an executory contract? Even though it has a large statutory section dedicated to them, the Bankruptcy Code does not explicitly define what an executory contract is.  However, courts routinely define such contracts in the same way.  Essentially, an executory contract is one where both parties [...]

Social Media Property Rights in Bankruptcy

Modern technology, particularly the internet and smartphones, has brought with it many new types of property, property that is largely intangible.  Intangible property does not have a physical existence and cannot be touched or moved like a car, painting, or other type of tangible property.  Much of the law has evolved to deal with tangible property so courts are still adapting to how to deal with intangible property in all areas of the law. Earlier this month, one bankruptcy court began to ta[...]