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Expert Analysis

Another Case To Further Fisker's Credit-Bid Uncertainty

Law360, New York (May 9, 2014, 12:44 PM EDT) -- A few months ago, a ruling in the Chapter 11 case of Fisker Automotive narrowed a secured creditor's right to credit-bid its debt in connection with a sale of the debtor's assets. The decision surprised many observers and resurrected uncertainty about a debtor's ability to limit a secured lender's credit-bidding rights (a dispute that appeared to have been firmly resolved in favor of secured creditors only two years ago by the U.S. Supreme Court's decision in RadLax Gateway Hotel)....

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