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New Supreme Court Decision Could Make It More Difficult for Franchisors to Negotiate with Franchisees During Chapter 11 Bankruptcy

Franchisors have used Chapter 11 bankruptcy to both restructure their debts and to demand concessions from franchisees. A new Supreme Court decision could take away, or at least blunt, this practice. 

In the past, it wasn’t uncommon for a franchisor to try and use a Chapter 11 bankruptcy filing to secure better terms for itself at the cost of its franchisees. For example, a franchisor might have old franchise agreements that require significant support services and contain royalty rates of 2-4%.  A franchisor filing for Chapter 11 might as well try to force upon franchisees contracts with no support obligations and 5-10% fees.  

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