M&M Custard, a major Freddy's Frozen Custard & Steakburgers franchisee, just filed for Chapter 11. The filing reveals $5.2 million in assets weighed against a hefty $27.7 million in liabilities. That's a debt-to-asset ratio of over 5:1 – a figure that should make any lender sweat. Newsweek reached out for comment, but so far, silence.
We've seen this story play out across the fast-food landscape. McDonald's is talking about a "bifurcated consumer base," with lower-income traffic down nearly double digits. Chipotle echoed the sentiment, noting a pullback in frequency from the same demographic. Hooters is feeling the pinch, too. The common thread? Lower- to middle-income consumers are getting squeezed. Unemployment, student loan repayments, and stagnant wage growth are all conspiring to keep people out of restaurants.
The Freddy's bankruptcy, involving 31 affiliate locations across multiple states, isn't just an isolated incident. It's a symptom of a larger economic malaise.
The bankruptcy case is limited to the franchisee, not Freddy's corporate. But let's not kid ourselves; what hits the franchisee eventually impacts the parent company. The Street reports that other similar chains, including Dairy Queen (which has shuttered dozens of locations this year), are feeling the pain. Dairy Queen's closures, particularly in Texas, stem from a legal battle over royalty payments and remodel requirements – a situation that highlights the inherent tensions in the franchise model.
Here's the thing: franchisees are often highly leveraged. They take on significant debt to open and operate locations. When consumer spending slows, these businesses are the first to feel the pressure. And this is the part of the report that I find genuinely puzzling: why would Freddy's (or any franchisor) continue expanding aggressively if the underlying consumer base is demonstrably weakening? Are they simply pushing the risk onto franchisees, knowing that some will inevitably fail?

According to KVTV 5, M&M Custard plans to close several stores as part of its bankruptcy reorganization. That means job losses, empty storefronts, and a further drag on local economies. While the filing states there will be funds available for payouts to unsecured creditors, the real-world impact is far messier.
McDonald’s CEO Chris Kempczinski noted that lower-income consumer traffic declined nearly double digits in the third quarter. Growth was about 10%—to be more exact, 9.8%.
The court filing states that there will be funds available for the franchisee to pay out to its unsecured creditors. But how much will they actually receive? In Chapter 11, creditors often get pennies on the dollar. It's a far cry from being made whole.
The question is: can M&M Custard successfully restructure and emerge from bankruptcy? It's possible, but it will require significant concessions from creditors, improved consumer spending, and a more supportive stance from Freddy's corporate. The alternative is liquidation, which would mean the permanent closure of those locations.
The Freddy's bankruptcy isn't just a blip. It's a warning sign. The data paints a clear picture: lower- and middle-income consumers are struggling, and the restaurant industry is feeling the effects. Until those economic pressures ease, we can expect to see more bankruptcies and closures in the fast-food space. The future looks uncertain, and that’s putting it mildly.
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