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IN RE REGISTER

Bankruptcy No. 380-01810, Adv. No. 388-0198.

95 B.R. 73 (1989)

In re Perry Elton REGISTER and Martha A. Register, Debtors. SILK PLANTS, ETC. FRANCHISE SYSTEMS, INC., Plaintiff, v. Perry Elton REGISTER and Martha A. Register, Defendants.

United States Bankruptcy Court, M.D. Tennessee.

January 11, 1989.

Attorney(s) appearing for the Case

C. Kinian Cosner, Jr., Manier, Herod, Hollabaugh & Smith, Nashville, Tenn., for debtors.

William L. Norton, III, Roger G. Jones, Boult, Cummings, Conners & Berry, Nashville, Tenn., for plaintiff.

MEMORANDUM OPINION

GEORGE C. PAINE, II, Chief Judge.

The issue presented is whether a covenant-not-to-compete contained in a franchise agreement is still enforceable after the debtors-franchisees rejected the executory franchise agreement. The plaintiff, Silk Plants, Etc. Franchise Systems, Inc., is seeking to enjoin the debtors from operating a business in apparent violation of the covenant-not-to-compete. The following constitute findings of fact and conclusions...

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