Foreword

The mission of the ABA Forum on Franchising is to be the preeminent forum to

study and discuss the legal aspects of franchising. In carrying out our respon-

sibilities, we aim to serve all constituencies within our organization, including

those who practice in or need to know more about specic areas of the law the

intersect with franchising, such as bankruptcy. For this reason, we are espe-

cially proud to produce this rst edition of The Bankruptcy Handbook for Fran-

chisors and Franchisees.

While the Forum has included more than a dozen workshops on bankruptcy

and related issues at its annual forums over the past three decades, reecting

the importance of such issues in the area of franchising, this book represents

the rst effort to provide franchise law practitioners with a comprehensive

overview of bankruptcy issues and how they impact franchisors, franchisees,

and the attorneys who advise them. It is our sincere hope and expectation that

book will serve as an excellent resource for the franchising community.

This book, like all of our publications, required collaborative excellence. It

would not have been possible without the hard work and dedication of our two

co-editors, Jason B. Binford and Daniel M. Eliades. It is my privilege to thank

them for their steadfast commitment to this massive and important project and

for their expertise and perseverance in coordinating, organizing, and editing

this vital resource for our members.

We also recognize the dedicated efforts of the chapter authors:

● Chapter 1: “Pre-Bankruptcy Considerations of the Franchisee and Franchisor”

by David Neff and Frances A. Smith;

● Chapter 2: “The Bankruptcy Filing—Initial Issues” by Lynette J. Gladdis and Dan-

iel M. Eliades;

● Chapter 3: “The Automatic Stay” by Marcus A. Banks, Joel Buckberg, and David

S. Catuogno;

● Chapter 4: “Cash Collateral” by Sharon Z. Weiss, Craig K. Schuenemann, and

Aaron Kaufman;

● Chapter 5: “Assumption, Rejection, and Assignment of Franchise Agreements”

by John R. Gotaskie, Jr., and Glenn D. Moses;

● Chapter 6: “Intellectual Property Issues” by John Vernon, Christina Stephenson,

and David Gurnick;

● Chapter 7: “Claims and Claims Litigation” by Eric C. Peterson and Ryan Hardy;

● Chapter 8: “Bankruptcy Sales” by Jason B. Binford and Matthew Gruenberg;

● Chapter 9: “Plan Conrmation” by Jan S. Gilbert and Craig R. Tractenberg;

Foreword

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