Burger King Corp. v. Rovine Corp. (In Re Rovine Corp.)

MEMORANDUM OPINION

WILLIAM B. LEFFLER, Bankruptcy Judge.

I

This adversary proceeding was instituted by the plaintiffs filing of a “Complaint to Enforce Agreement Not to Compete.” On May 2, 1980, the defendant, Rovine Corporation, filed a petition under Chapter 11 of the Bankruptcy Code. At the time of the filing of the Chapter 11 petition, the defendant was a franchisee of the plaintiff, Burger King Corporation. The franchise agreement contained a clause which provided that upon termination of the franchise agreement and for a period of 18 months thereafter, the defendant would not engage in any…