Claims against a franchisor upon an unreasonable withholding of consent to franchise transfer

Article Abstract:

Five major causes of action are available to franchisees and potential franchisees when franchisors unreasonably withhold consent to franchise transfers. These causes of action include breach of contract, tortious interference with contract, breach of the covenant of good faith and fair dealing, and those based upon federal antitrust laws and state statutes. Legal advisors to franchisees should insure that contractual language supports breach of contract claims.

United States, Remedies, Contracts, Franchises, Breach of contract, Tortious interference with contracts, Tortious interference (Law)

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Divorce liens under section 522(f) of the federal Bankruptcy Code

Article Abstract:

Reform is needed to avoid judicial liens for divorce settlements under Bankruptcy Code section 522(f) when bankruptcy proceedings occur. Courts have used inconsistent methods to avoid liens, so two types of reform are needed. One solution is federal legislation to clarify section 522(f). Also, the courts should employ a 'substance theory' to guide decisions.

Interpretation and construction, Bankruptcy law, Divorce settlements, Liens

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