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Old 02-26-2014, 06:09 PM   #1 (permalink)
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Default Next Steps Re: Claims Form - Has anyone received this document?

Hi Everyone,

After filing my Claims Form, I just received this document ("Notion of Motion of the Debtors for Entry of an Order...") and I'm wondering if anyone knows what we are now suppose to do?

Any input / help would be much appreciated.

Jim
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Old 02-26-2014, 06:13 PM   #2 (permalink)
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Originally Posted by jmcclocklin View Post
Hi Everyone,

After filing my Claims Form, I just received this document ("Notion of Motion of the Debtors for Entry of an Order...") and I'm wondering if anyone knows what we are now suppose to do?

Any input / help would be much appreciated.

Jim
I received the same document as you and have the same question, i.e., what do I do with it, if anything.
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Old 02-26-2014, 06:20 PM   #3 (permalink)
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Sane here ,,, what next?


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Old 02-27-2014, 05:27 AM   #4 (permalink)
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Same here.
But I think it is just a notice. But I have no idea what it means...
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Old 02-27-2014, 06:45 PM   #5 (permalink)
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I'm no lawyer, but reading the document with all it legalese, to me, seems like an extention to Fisker Automotive (the debtor) to work thru all the requests they received form people who have claims. looks like the judge agreed to the June 2014 time frame request. part of my read also indicates that Fisker Automotive will try to dismiss most , if not all, the claims based on the assest sale value -- I guess it's up to the creditor committee to see what we will get back from our respective claims ---
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Old 02-28-2014, 06:33 AM   #6 (permalink)
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I'll have my wife (bankruptcy lawyer) look at it when we get it, and post some response, but we haven't yet.
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Old 02-28-2014, 11:09 AM   #7 (permalink)
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Originally Posted by Nin ja View Post
I'm no lawyer, but reading the document with all it legalese, to me, seems like an extention to Fisker Automotive (the debtor) to work thru all the requests they received form people who have claims. looks like the judge agreed to the June 2014 time frame request. part of my read also indicates that Fisker Automotive will try to dismiss most , if not all, the claims based on the assest sale value -- I guess it's up to the creditor committee to see what we will get back from our respective claims ---
I read it the same way as Nin ja. Also, the debtor's can request another extension beyond June 2014.
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Old 02-28-2014, 12:48 PM   #8 (permalink)
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Non Sequitur, that would be awesome. The help I got was from the lawyers who ended up not representing us but were kind enough to give us some guidance on how to fill the forms. When I posted on it, I literally got contacted by over a hundred Fisker owners so the response the courts received must have been surprising.

When you come up with a suitable response for us, please post detailed instructions so that all of us can follow them easily and we can act together as a group.

Thanks!

Pat
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Old 03-01-2014, 07:24 AM   #9 (permalink)
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When you come up with a suitable response for us, please post detailed instructions so that all of us can follow them easily and we can act together as a group.
Giving detailed free legal advice over the Internet can get a person in a lot of trouble, and cost them their license. I say this to explain why we chose instead to form a committee of owners last summer - to be able to discuss legal issues in safety - rather than just post everything publicly. The committee was well advertised here, and members paid nothing, yet there were many owners who still didn't get involved because they wanted the free advice but wouldn't sign an engagement letter.

Through its (board-certified bankruptcy) attorney, the committee was in communication with the lawyers and trustee in the case, received legal analysis of options, and achieved representation on the official committee of creditors, which must have been an exhausting and exciting job for the owner who was chosen, given everything we have read.

So while I can't give detailed advice, I'll explain what forms are, and if they are relevant enough that people should get legal advice (which they can then choose to summarize or post here on buzz).

Ok: we got this on yesterday: "notice... For entry of an order (a) enlarging the period within which the debtors may remove actions and (b) granting related relief". 8 double-sided pages seems important, but it's really just 3 documents covering the same thing: notice of a motion, the motion itself (the substantive document), then an order granting the motion.

The motion says that to the extent there were actions against Fisker outside of the bankruptcy case in Delaware (for example: a lawsuit by a supplier in Arizona, or a lawsuit by a Karma owner in Georgia), Fisker (the debtor) wants time to decide whether to bring those cases (from outside Delaware) into Delaware.

So all this has to do with is extending time for a decision - nothing to do with the main case, the sale, our proofs of claim, or anything important. If you have an existing separate case outside of Delaware, maybe it matters, but if that were the case, you already have a lawyer (who would have received the notice also and advised you on it).

Summary: Waste of paper
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Old 03-01-2014, 12:06 PM   #10 (permalink)
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This is a great summary, thanks!

I totally understand the legal issues and that's why when I posted how to fill out the forms, I made it clear that this is just how I sent it in and that if others want to copy it, then that's fine. So when you end up sending in anything, just make it available to everyone else and they can seek their own legal advice if they want. For a group of people like the Fisker Owners, this is probably the best, most efficient way of doing things because it's terribly hard to coordinate otherwise. I didn't realize how many emails and time responding to people on the Claim forms would take but I saw that it's because I didn't put enough detail on my posts so next time I'll make sure to do that.

Everyone appreciates the time and work people put to helping others on this forum so thanks again! It feels nice to be able to give back to a community of like-minded individuals

Pat
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