An aggrieved landlord wants to force the company that owns The Flying Biscuit diner into bankruptcy.
The landlord, BV Retail LLC of Charlotte, on Wednesday filed an involuntary Chapter 7 petition against Raving Brands Inc. Atlanta-based Raving Brands owns and franchises The Flying Biscuit, as well as Boneheads fish restaurant and Monkey Joe’s indoor playgrounds.
Hunton & Williams counsel Amy Alcoke Quackenboss in Atlanta and partner Michael Massad in Dallas are advising BV Retail on the matter. Legal counsel for Raving Brands has not yet made an appearance in U.S. Bankruptcy Court for the Northern District of Georgia.
The Chapter 7 filing appears to stem from a settlement the two parties recently reached in federal district court in North Carolina. In that settlement, Raving Brands agreed to pay $206,000 to BV Retail. The consent judgment in the North Carolina case was attached to BV Retail’s Chapter 7 filing in Georgia bankruptcy court.
Last month, BV Retail filed an involuntary Chapter 7 petition against The S&Q Shack LLC, a Shane’s Rib Shack franchising vehicle. Raving Brands is the previous owner of the Shane's Rib Shack restaurant concept. Davis, Pickren & Seydel partner Rutherford Seydel is representing The S&Q Shack in that matter, according to a court document.
In the past two years, Raving Brands has sold some of its other restaurant concepts, including and Shane’s Rib Shack, as well as Moe’s Southwestern Grill.