Danish Fisker Ocean owners may be a bit better off after it emerged this week that Fisker Inc. not shut down completely with immediate effect. Yet.
This week it was made clear that Henrik Fisker will not see his car brand shut down completely. At least not yet.
Instead of a so-called 'Chapter 11' bankruptcy in the US, which is the total shutdown of a company, Fisker enters 'Chapter 7' of the US Bankruptcy Code.
This means that Fisker is not forced to liquidate the brand's real estate. Instead, you continue to wind down the business in stages until the day there is nothing left. Conversely, it puts Fisker's many creditors in a worse situation.
If the creditors get anything out of the closing at all, there is now an even longer way to the more than 1 billion dollars that the total claim against the car brand is.
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While the business is being wound down, there will thus be a management at Fisker. The car brand will also be able to carry out recalls and perhaps there are enough resources for software updates, but this remains an unsettled question.
All in all, there are so many unresolved questions that the American association of Fisker owners, the Fisker Owners Association, believes that you have the right to influence what happens to the car brand's intellectual property rights. Blue. the software part.
– The owners strongly feel that Fisker owes them to ensure that their cars are safe, says Daniel Shamah, lawyer for the Fisker Owners Association, according to Carscoops .
Danes who have bought a car directly through Fisker while the Danish subsidiary still existed must therefore also have a warranty on their cars for the period it takes to close down the company.
But after that there is not much to do. Previously, Michael Ern Nielsen, who is a lawyer at FDM, explained to Borsen how a possible warranty case with a brand in Fisker's situation should be handled.
Complaints and warranty cases must be reported to the possible bankruptcy estate. Something that is now actually a reality at Fisker
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