Fisker Bankruptcy Estate Can't Claw Back $33M From BMW

Law360 (August 27, 2019, 5:39 PM EDT) -- Bankrupt electric car venture Fisker Automotive has lost its bid to claw back $33 million paid to German automaker BMW in a failed engine-manufacturing deal, with a Delaware bankruptcy judge saying the contract entitles BMW to keep the money.

Noting while "at first glance" it appears BMW AG took advantage of Fisker Automotive Holdings Inc. by keeping a payment for engines it never delivered, U.S. Bankruptcy Judge Kevin Gross said in an opinion filed Monday that BMW had acted within the bounds of the supply contract and could keep the payment.

"The trustee cannot raise an unjust enrichment claim because a...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS