Fisker Suitor Seeks Direct Appeal of Credit-Bid Cap
Hybrid Tech Holdings LLC is seeking to appeal a bankruptcy judge's ruling that capped its right to credit bid for the failed luxury hybrid automaker Fisker Automotive Inc. at $25 million, Bloomberg News reported today. The case should go directly to the U.S. Court of Appeals in Philadelphia, bypassing the U.S. District Court, to let Fisker's auction proceed efficiently next month and to ensure the appeal isn't mooted by a sale, Hybrid said in court papers filed on Monday. Bankruptcy Judge Kevin Gross ruled on Jan. 17 that Hybrid's ability to use debt forgiveness to bid for the Anaheim, Calif., automaker's assets was properly limited at $25 million rather than the $75 million Hybrid proposed. The judge said a limit would promote competitive bidding that wouldn't otherwise occur if Hybrid was permitted to use the full amount of its claim. Judge Gross also cited questions over whether Hybrid's claim is fully secured.