In re Fisker Automotive Holdings, Inc., "I Got a Brand New Car, and I'm Feeling Good so Far"

The bankruptcy court's opinion in In re Fisker Automotive Holdings may well increase the disenchantment of discounted debt purchasers with section 363 sales in bankruptcy. While the court was appropriately focused on assuring that the sale process was a robust one, as a consequence, the credit bidding agreement between the purchaser of the secured debt and the debtor, which served as a platform for the bankruptcy filing, proved to be of no moment.

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