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Owner Representation in event of Bankruptcy Filing

12K views 38 replies 20 participants last post by  EVer1 
#1 ·
I am announcing the formation of the "Ad hoc Fisker Karma Owners' Committee" (AFKOC? - open to suggestions on an acronym).

The idea of representation was discussed in the "warranty concerns" thread (at http://www.fiskerbuzz.com/forums/18-introductions/4481-more-dialogue-warranty-concerns.html). And in the "Communicating with the Board of Directors thread (at http://www.fiskerbuzz.com/forums/13-fisker-karma/3634-communicating-board-directors.html). When I read those posts, I knew that my wife could potentially assist.

My wife Grace is a board-certified bankruptcy attorney with experience in complex commercial bankruptcy and creditors' rights (and as an owner herself, has an interest in the subject matter). Her professional biography can be found at: http://www.mrthlaw.com/attorneys/grace-e-robson/

We know Fisker Automotive (FA) hired Kirkland and Ellis to potentially file for bankruptcy, but since then it has been a very quiet 2 months. The filing could still come at any time, and IF it does, being organized in advance costs nothing and is simply a prudent thing to do.

The committee has 9 members, and I expect to be scheduling a conference call this week, so if you are a known member, expect an email from me (not a PM) advising you as to the date and time. If you would like to become a member, send me a PM and I will describe the information I need to add you (I need more than "I'm in" and a board ID to establish an attorney-client relationship).

Post your questions about the committee in response, and I'll try my best to answer.
 
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#3 ·
A PM is a "private message", which you can send by clicking where you see my name "non sequitur" next to this post. Or you can look at the top of the screen where you are signed in and you will see that I've sent you a PM with my email address.

Now what's a "BM"?
 
#5 ·
I took it upon myself to call Grace this morning and have a conversation with her. Although there were no great revelations here, we were both in agreement that we need to be organized in case of a bankruptcy, especially a prepackaged one. We will need to make best case for a "carve out" for warranty work,and that may very well separate us from the other general creditors. It is probably a long shot, but one that needs to be explored.
Although I do not know if Grace is the right attorney for us, I think she will do no harm, and being a Fisker owner she is up to speed on the situation.
I will go along with using her, unless somebody has a better idea, and would also be willing to be part of the "ad hoc committee" representing us, the owners.
 
#6 ·
The current committee membership stands at 10 FBuzz contributors. Additional members still welcome (10 are, after all, representing 2000 owners).

I will be sending an email (not a PM) to the committee members either today or tomorrow, giving options for a date and time of conference call, which is expected later this week.
 
#7 ·
I will be sending an email (not a PM) to the committee members either today or tomorrow, giving options for a date and time of conference call, which is expected later this week.
The conference call will be tomorrow (Thursday, June 27) at 11:30am ET/8:30 am PT. This will be a short introductory call with the bankruptcy attorney Grace Robson (who has organized the call).

A call-in number and access code was emailed yesterday to members who have supplied me with complete contact and ownership details, so if you are a committee member, you should have received that email (PM me if you didn't).

A few other contributors have expressed interest, but not formally joined. If you are one of these, check your "Private Messages" on this board - If you sent me a PM, you should have a response from me.
 
#8 ·
Many thanks to Grace, @non_sequitur and the other committee members! You are doing important work on behalf of all of us, both Fiskerbuzzers and other Fisker owners. Thank you for giving up your valuable time and expertise to explore the issues and formulate a plan. You have my full support.
 
#10 ·
@non_sequitur: May I ask what changed your mind regarding the whole warranty thing? Considering you purchased the car after the warranty was non-existent, I'm a bit confused about all the pitchforks and torch waving.

I came out ahead on price, and more importantly styling and exclusivity, with the Karma (though at the cost of warranty and security, so there will be much "knocking on reclaimed wood" in my future).
 
#12 ·
There are pending lawsuits against them and more coming. They already have lawsuits pending in California.

Is Fisker replying to these lawsuits? Or are they just letting the plaintiff win by default?

If any of these lawsuits are won and judgements are issued, will Fisker pay or will a Sheriff sale take place? Or would they file bankruptcy to stop the Sheriff from auctioning off assets?

It's an interesting problem.

Bill
 
#19 ·
I have done a Federal Court search and found these actions filed against Fisker Automotive. Answers to both complaints have been filed by attorneys representing Fisker Automotive.
Civil Results
Party Name Court Case NOS Date Filed Date Closed

1 Fisker Automotive Holdings, Inc. (dft) cacdce 8:2013-cv-00540 790 04/05/2013
Sven Etzelsberger v. Fisker Automotive Inc
2 Fisker Automotive Inc (dft) cacdce 8:2013-cv-00271 190 02/14/2013
Exhibit Works Inc v. Fisker Automotive Inc
3 Fisker Automotive Inc (dft) cacdce 8:2013-cv-00540 790 04/05/2013
Sven Etzelsberger v. Fisker Automotive Inc
 
#33 ·
I have done a Federal Court search and found these actions filed against Fisker Automotive. Answers to both complaints have been filed by attorneys representing Fisker Automotive.
Civil Results
Party Name Court Case NOS Date Filed Date Closed

1 Fisker Automotive Holdings, Inc. (dft) cacdce 8:2013-cv-00540 790 04/05/2013
Sven Etzelsberger v. Fisker Automotive Inc
2 Fisker Automotive Inc (dft) cacdce 8:2013-cv-00271 190 02/14/2013
Exhibit Works Inc v. Fisker Automotive Inc
3 Fisker Automotive Inc (dft) cacdce 8:2013-cv-00540 790 04/05/2013
Sven Etzelsberger v. Fisker Automotive Inc
So we'll need to sue to get an answer from Fisker? Sounds like an unreasonable way to do business----but nothing they have done recently has been reasonable.

What's it cost to file a lawsuit to get answers?

Bill
 
#25 ·
It was actually June 22nd according to the press when the DOE took the reserve money - which makes you wonder....
 
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