Hunton client wants to force Flying Biscuit owner into bankruptcy

Posted on April 2, 2009 10:13 by Andy Peters

An aggrieved landlord wants to force the company that owns The Flying Biscuit diner into bankruptcy. Flying Biscuit

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.


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Janet ConleyThe Deal Watch Blog is devoted to bringing you the latest news in business law in Atlanta, the Southeast and the U.S. The lead writer is Daily Report associate editor Janet L. Conley.

Janet L. Conley is an attorney who returned to journalism after practicing law with Akin, Gump, Strauss, Hauer & Feld in Washington and with the Georgia Legal Services Program in Atlanta.

During her tenure at the Daily Report, Janet, now the paper's associate editor, has covered law firm economics and management, business and federal courts. In 2007, she received the Georgia Associated Press Story of the Year award and the Atlanta Press Club’s Journalist of the Year award, both for small circulation newspapers, for "Green to Gold," a series of articles on how climate change will alter business and the law.

Janet has written for The American Lawyer magazine and the National Law Journal, among other publications. She also served as managing editor of GC South magazine.

Janet holds a journalism degree from Southern College and a juris doctor degree from the University of Pennsylvania. She lives in Decatur with her husband Mark Harper, also an attorney, and their three children.

She can be reached at jconley@alm.com.

Andy PetersThe contributing writer is Daily Report staff reporter Andy Peters.

Andy Peters has been a journalist since graduating from Furman University in 1992. A short list of the subjects he’s covered includes the Georgia state Legislature, the U.S. semiconductor industry, the Alabama-Florida-Georgia “water wars” litigation, the 1999 American Airlines pilots strike, Coca-Cola and PepsiCo’s battle to acquire the Gatorade sports-drink brand, indie rock music and high school football. Andy has written for Bloomberg News, the New York Times Web site, the Macon Telegraph, the Spartanburg (S.C.) Herald-Journal and the Atlanta Business Chronicle.

Andy has written the Deal Watch column for the Daily Report since March 2006. He was born in Chattanooga, Tenn. in 1971 and grew up in Ringgold, Ga. He lives in Decatur with his wife and two children.

He can be reached at apeters@alm.com.

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