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Under what circumstance related to bankruptcy might the termination provisions in the Petro Stopping Center Franchise Agreement not be enforceable?

Petro_Stopping_Center Franchise · 2025 FDD

Answer from 2025 FDD Document

The Franchise Agreement provide for termination upon bankruptcy. These provisions may not be enforceable under federal bankruptcy law (11 U.S.C.A. Sec. 101 et seq).

Source: Item 4 — Other Owners: (FDD pages 228–302)

What This Means (2025 FDD)

According to Petro Stopping Center's 2025 Franchise Disclosure Document, specifically an addendum for California franchisees, the standard termination provisions within the Franchise Agreement that relate to bankruptcy may not be enforceable. This is because federal bankruptcy law, under 11 U.S.C.A. Sec. 101 et seq., may supersede the terms outlined in the franchise agreement.

For a prospective Petro Stopping Center franchisee in California, this means that if they were to file for bankruptcy, Petro Stopping Center's ability to terminate the franchise agreement based solely on that bankruptcy filing might be restricted. Federal law is designed to provide certain protections to debtors, and these protections can sometimes override contractual obligations.

It is important for potential franchisees to understand that the enforceability of contract terms can vary based on jurisdiction and specific legal circumstances. Petro Stopping Center franchisees should seek legal counsel to fully understand their rights and obligations, especially concerning termination and bankruptcy.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.