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The Assignment entity is a California limited liability company, Pebble Tech (assignment for the benefit of creditors), LLC (“Assignee”).
This information or any portion thereof may not be copied or disseminated in any form or by any means or downloaded or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.
When a franchisee files for bankruptcy, its franchisor, landlord, suppliers, and customers are all affected.
Pebble watches purchased at retail may be returned or exchanged based on the retailer’s return policy.
Other user-related information and information related to the Company’s sale of certain assets to Fitbit may be found via the Company’s blog post at blog.getpebble.com/2016/12/07/fitbit.
Please be advised that on December 6, 2016, Pebble Industries, Inc. (collectively, the “Company” or “Pebble”) entered into an Assignment for the Benefit of Creditors (“Assignment”) and appointed Pebble Tech (assignment for the benefit of creditors), LLC as assignee (“Assignee”).
An Assignment is a state level insolvency proceeding undertaken under state law, in this case California, with the primary governing law found in California Code of Civil Procedure sections 493.010 to 493.060, sections 1800 to 1802, and section 1204.The Sponsor makes no warranty, representation or guaranty as to the content, sequence, accuracy, timeliness or completeness of the Information or that the Information may be relied upon for any reason or that the Information will be uninterrupted or error free or that any defects can be corrected.LIMITATION OF LIABILITY Under no circumstances shall the Sponsor be liable for any losses or damages whatsoever, whether in contract, tort or otherwise, from the use of, or reliance on, the Information, or from the use of the Internet generally.After the filing, professionals are paid, often millions of dollars in big cases, before general unsecured creditors.10 Indeed, the feeding frenzy for fees in large Chapter 11 cases has drawn so much scrutiny that effective November 1, 2013, the U. Trustee Program (UST), the Justice Department's watchdog agency charged with keeping the process of bankruptcy honest, implemented new guidelines for professional compensation in big cases.11 Even the government has its hand out, requiring debtors to pay the Justice Department a quarterly user fee for the services of the UST, based on the amount of the debtor's disbursements in its Chapter 11 case.12 When a franchisee bankruptcy is filed, everyone loses something. Fortunately, a number of state court and non-judicial strategies can and should be used to restructure or liquidate the assets of a struggling franchisee outside of bankruptcy court.In fact, troubled businesses may al- ready be turning to these alternatives because bankruptcy filings are trending downward from their high water mark in 2009.Parents whose children attend a preschool that has filed a Chapter 11 may find that their kids' favorite teachers or playmates have suddenly left and that there are not enough toys and art supplies. Although the bankruptcy sys- tem is designed to give a troubled business breathing room to reorganize while protected from aggressive creditors trying to seize its assets, bankruptcy is not the free ride that a failing franchisee may think it is.Once its bankruptcy case has commenced, the franchisee becomes a debtor9 under the Bankruptcy Code.This notice will outline the process by which creditors may file a proof of claim to establish a claim for any obligations due and includes a link to an automated claim filing site Tech; a copy of the notice is included on this web site for your information, and the deadline to file a claim is approximately 180 days (as required by law) from the date of the Assignment.For the Company, the Assignee continues to monetize any remaining assets and will compile all claims of creditors and distribute recoveries, if any, on a pro-rata basis to creditors based on each claim’s priority following the filing deadline.In the short term, the franchisor usually experiences a delay in receiving post-petition royalties and advertising fees.1 In the long run, the franchisor may lose a valued location or see it transferred by the bankruptcy judge to an operator that the franchisor has not approved, despite an anti-assignment provision in the franchise agreement.2 Worse yet, the franchisor's brand may be damaged if the system's quality standards are not maintained during the bankruptcy or if the franchisee rejects the franchise agreement,3 de-brands, and continues operating as an independent in violation of its noncompetition covenants.Even a single franchisee bankruptcy can disrupt and demoralize the entire system, tempting other marginal operators to file based on the perceived success of one franchisee in publicly escaping its financial obligations. While the franchisee takes advantage of the Bankruptcy Code's generous window of opportunity to decide whether to assume or reject the lease,4 landlords are forced to sit on the sidelines, prevented from evicting the franchisee by the automatic stay.5 If the franchisee ultimately rejects the lease and gives up the location, the landlord will find its claim for future rent subject to a cap under the Bankruptcy Code.6 Suppliers are also hurt.