Fisker Bankrupt
Fisker Bankrupt
Delaware
____________________ District of _________________
(State)
11
Case number (If known): _________________________ Chapter _____ Check if this is an
amended filing
If more space is needed, attach a separate sheet to this form. On the top of any additional pages, write the debtor’s name and the case
number (if known). For more information, a separate document, Instructions for Bankruptcy Forms for Non-Individuals, is available.
4. Debtor’s address Principal place of business Mailing address, if different from principal place
of business
14 Centerpointe Drive
______________________________________________ _______________________________________________
Number Street Number Street
______________________________________________ _______________________________________________
P.O. Box
La Palma CA 90623
______________________________________________ _______________________________________________
City State ZIP Code City State ZIP Code
_______________________________________________
_______________________________________________
City State ZIP Code
Official Form 201 Voluntary Petition for Non-Individuals Filing for Bankruptcy page 1
Case 24-11377 Doc 1 Filed 06/17/24 Page 2 of 17
6. Type of debtor Corporation (including Limited Liability Company (LLC) and Limited Liability Partnership (LLP))
Partnership (excluding LLP)
Other. Specify: __________________________________________________________________
A. Check one:
7. Describe debtor’s business
Health Care Business (as defined in 11 U.S.C. § 101(27A))
Single Asset Real Estate (as defined in 11 U.S.C. § 101(51B))
Railroad (as defined in 11 U.S.C. § 101(44))
Stockbroker (as defined in 11 U.S.C. § 101(53A))
Commodity Broker (as defined in 11 U.S.C. § 101(6))
Clearing Bank (as defined in 11 U.S.C. § 781(3))
None of the above
C. NAICS (North American Industry Classification System) 4-digit code that best describes debtor. See
http://www.uscourts.gov/four-digit-national-association-naics-codes .
3 ___
___ 3 ___
6 ___
1
Acceptances of the plan were solicited prepetition from one or more classes of
creditors, in accordance with 11 U.S.C. § 1126(b).
The debtor is required to file periodic reports (for example, 10K and 10Q) with the
Securities and Exchange Commission according to § 13 or 15(d) of the Securities
Exchange Act of 1934. File the Attachment to Voluntary Petition for Non-Individuals Filing
for Bankruptcy under Chapter 11 (Official Form 201A) with this form.
The debtor is a shell company as defined in the Securities Exchange Act of 1934 Rule
12b-2.
Chapter 12
Official Form 201 Voluntary Petition for Non-Individuals Filing for Bankruptcy page 2
Case 24-11377 Doc 1 Filed 06/17/24 Page 3 of 17
11. Why is the case filed in this Check all that apply:
district?
Debtor has had its domicile, principal place of business, or principal assets in this district for 180 days
immediately preceding the date of this petition or for a longer part of such 180 days than in any other
district.
A bankruptcy case concerning debtor’s affiliate, general partner, or partnership is pending in this district.
It includes perishable goods or assets that could quickly deteriorate or lose value without
attention (for example, livestock, seasonal goods, meat, dairy, produce, or securities-related
assets or other options).
Other _______________________________________________________________________________
____________________________________________________________________
No
Yes. Insurance agency ____________________________________________________________________
Phone ________________________________
Official Form 201 Voluntary Petition for Non-Individuals Filing for Bankruptcy page 3
Case 24-11377 Doc 1 Filed 06/17/24 Page 4 of 17
WARNING -- Bankruptcy fraud is a serious crime. Making a false statement in connection with a bankruptcy case can result in fines up to
$500,000 or imprisonment for up to 20 years, or both. 18 U.S.C. §§ 152, 1341, 1519, and 3571.
17. Declaration and signature of Q The debtor requests relief in accordance with the chapter of title 11, United States Code, specified in this
authorized representative of
petition.
debtor
Q I have been authorized to file this petition on behalf of the debtor.
Q I have examined the information in this petition and have a reasonable belief that the information is true and
correct.
I declare under penalty of perjury that the foregoing is true and correct.
06/17/2024
Executed on _________________
MM / DD / YYYY
Official Form 201 Voluntary Petition for Non-Individuals Filing for Bankruptcy page 4
Case 24-11377 Doc 1 Filed 06/17/24 Page 5 of 17
(302) 658-9200
____________________________________ rdehney@morrisnichols.com
__________________________________________
Contact phone Email address
3578
______________________________________________________ DE
____________
Bar number State
Official Form 201 Voluntary Petition for Non-Individuals Filing for Bankruptcy page 5
Case 24-11377 Doc 1 Filed 06/17/24 Page 6 of 17
A list of creditors holding the 20 largest unsecured claims must be filed in a Chapter 11 or Chapter 9 case. Include claims which the debtor
disputes. Do not include claims by any person or entity who is an insider, as defined in 11 U.S.C. § 101(31). Also, do not include claims by
secured creditors, unless the unsecured claim resulting from inadequate collateral value places the creditor among the holders of the 20
largest unsecured claims.
Name of creditor and complete Name, telephone number, and Nature of the claim Indicate if Amount of unsecured claim
mailing address, including zip code email address of creditor (for example, trade claim is If the claim is fully unsecured, fill in only unsecured
contact debts, bank loans, contingent, claim amount. If claim is partially secured, fill in
professional unliquidated, total claim amount and deduction for value of
services, and or disputed collateral or setoff to calculate unsecured claim.
government
contracts)
Total claim, if Deduction for Unsecured
partially value of claim
secured collateral or
setoff
ADOBE IT / SOFTWARE $ 2,042,952.21
1 345 PARK AVE PHONE: 408-536-2800
SAN JOSE, CA 95510 FAX: 408-537-6000
EMAIL: VIP-DIRECT-AMER@ADOBE.COM
Official Form 204 Chapter 11 or Chapter 9 Cases: List of Creditors Who Have the 20 Largest Unsecured Claims page 1
Case 24-11377 Doc 1 Filed 06/17/24 Page 7 of 17
Name of creditor and complete Name, telephone number, and Nature of the claim Indicate if Amount of unsecured claim
mailing address, including zip code email address of creditor (for example, trade claim is If the claim is fully unsecured, fill in only unsecured
contact debts, bank loans, contingent, claim amount. If claim is partially secured, fill in
professional unliquidated, total claim amount and deduction for value of
services, and or disputed collateral or setoff to calculate unsecured claim.
government
contracts)
Total claim, if Deduction for Unsecured
partially value of claim
secured collateral or
setoff
NBC UNIVERSAL LLC SALES & MARKETING $ 649,999.97
9 30 ROCKEFELLER PLAZA EMAIL: GAVIN.LAU@NBCUNI.COM
NEW YORK, NY 10112
Official Form 204 Chapter 11 or Chapter 9 Cases: List of Creditors Who Have the 20 Largest Unsecured Claims page 2
Case 24-11377 Doc 1 Filed 06/17/24 Page 8 of 17
In re: Chapter 11
Debtor.
1. Each of the entities1 identified on the Corporate Structure Chart, other than
Fisker Inc., is owned in its entirety by its direct parent.
2. Fisker Inc. is the ultimate parent of the Debtor, and its equity securities are
publicly held as follows (as of April 8, 2024):
Class of Common
Amount Authorized Amount Outstanding
Stock
A 2,000,000,000 1,250,822,032
B 150,000,000 132,354,128
3. There are no entities that own 10% or more of the issued and outstanding
common stock of Fisker Inc.
1
The address of the Debtor’s corporate headquarters is 14 Centerpointe Drive, La Palma, CA 90623.
Case 24-11377 Doc 1 Filed 06/17/24 Page 9 of 17
Exhibit A
Fisker Group
Inc.
Henrik Fisker (Delaware)
CEO
Asia North America
0.01% 99.99% 1%
99%
Fisker Vigyan India Fisker (Shanghai) Blue Current Terra Fisker Ocean EV, S. de
Fisker TN LLC Platinum IPR LLC
Private Limited Motors Ltd. Holding LLC Energy Inc. Canada Ltd. R.L. de C.V.
(Tennessee) (Delaware)
(India) (China) (Delaware) (Delaware) (Canada) (Mexico)
Europe
CERTIFICATE OF SECRETARY
OF
FISKER GROUP INC.
Capitalized terms used but not otherwise defined herein shall have the meanings ascribed
to such terms in Exhibit A annexed hereto. The undersigned, Corey MacGillivray, Secretary of the
Fisker Group Inc. (the “Company”) hereby certifies on behalf of the Company in his capacity as
an officer of the Company and not in any other capacity that, attached hereto as Exhibit A is a true,
correct and complete copy of the resolutions of the Board of Directors of the Company, effective
June 17, 2024, that were passed at a meeting on June 17, 2024, with a quorum of the Board of
Directors present. Such resolutions have not in any way been amended, modified, revoked or
rescinded, are in full force and effect on the date hereof and constitute all of the resolutions with
respect to the matters covered thereby.
Case 24-11377 Doc 1 Filed 06/17/24 Page 12 of 17
IN WITNESS WHEREOF, the undersigned has executed this Certificate and caused this
Certificate to be delivered this 17th day of June 2024.
_________________________
Corey MacGillivray, Secretary
Exhibit A
See attached.
Case 24-11377 Doc 1 Filed 06/17/24 Page 14 of 17
WHEREAS, the Board of Directors (the “Board”) of Fisker Group Inc. (the “Company”)
has reviewed and had the opportunity to ask questions about the materials presented by the
management, the Chief Restructuring Officer, and the legal and financial advisors of the Company
regarding the liabilities and liquidity of the Company, the strategic alternatives available, and the
impact of the foregoing on the Company’s business;
WHEREAS, the Board has had the opportunity to consult with the CRO, management and
the legal and financial advisors of the Company to fully consider each of the strategic alternatives
available to the Company;
WHEREAS, the Board has received, reviewed, and considered the recommendations of,
and the materials presented by, the management and the legal and financial advisors of the
Company regarding the relative risks and benefits of pursuing a case under the provisions of
chapter 11 of title 11 of the United States Code (the “Bankruptcy Code”);
WHEREAS, the Board has reviewed with the CRO, the management and the legal and
financial advisors of the Company the resolutions set forth below; and
WHEREAS, the Board (a) has determined that taking the actions set forth below and the
transactions contemplated hereby are advisable and fair to, and in the best interests of, the
Company and its stakeholders and, therefore, (b) has adopted the resolutions set forth below and
authorized and approved the transactions, agreements, and actions contemplated hereby:
RESOLVED, that the Board has determined, after due consultation with the CRO,
management and the legal and financial advisors of the Company, that it is desirable and in the
best interests of the Company and its stakeholders that the Company shall be, and hereby is,
authorized to file, or cause to be filed, a petition seeking relief (a “Chapter 11 Case”) under the
provisions of chapter 11 of the Bankruptcy Code, and any other petition for relief or recognition
or other order that may be desirable under applicable law in the United States;
RESOLVED, FURTHER, that each officer, including the Chief Restructuring Officer,
director, or manager of the Company (each, an “Authorized Person”), is authorized, empowered,
and directed to (a) execute and file in the name and on behalf of the Company, and under its
corporate seal or otherwise, all plans, petitions, schedules, statements, motions, lists, applications,
pleadings, orders, and other documents in the United States Bankruptcy Court for Delaware (the
“Bankruptcy Court”), (b) employ and retain all assistance by legal counsel, accountants,
financial advisors, investment bankers, and other professionals, and (c) take and perform any and
all further acts and deeds that such Authorized Person, who may act without the joinder of any
other Authorized Person, deems necessary, proper, or desirable in connection with the Chapter 11
Cases, including (i) negotiating, executing, delivering, and performing under any and all
documents, agreements, certificates, and instruments in connection with the transactions and
professional retentions set forth in this resolution, (ii) appearing as necessary at all bankruptcy
Case 24-11377 Doc 1 Filed 06/17/24 Page 15 of 17
proceedings in the Bankruptcy Court on behalf of the Company, and (iii) paying all such expenses
where necessary or appropriate in order to carry out fully the intent and accomplish the purposes
of the resolutions adopted herein; and
RESOLVED, FURTHER, that the Company is authorized, and each Authorized Person
shall be, and hereby is, authorized, empowered, and directed on behalf of and in the name of the
Company to seek to have its Chapter 11 Case administered by the Bankruptcy Court under chapter
11 of the Bankruptcy Code.
RESOLVED, that each Authorized Person shall be, and hereby is authorized, empowered,
and directed, on behalf of and in the name of the Company, to (a) do and perform all such acts and
things and enter into, execute, acknowledge, deliver, and file all such certificates, agreements,
acknowledgments, instruments, contracts, statements, and other documents and to take such
further actions as such Authorized Person may deem necessary or appropriate to effect the intent
and accomplish the purposes of the foregoing resolutions, the taking of such action or the execution
and delivery thereof to be conclusive evidence of the approval thereof, (b) perform the Company’s
obligations under the Bankruptcy Code and exercise all rights of the Company under the
Bankruptcy Code (including all rights with respect to contracts, agreements, and leases under
sections 365 of the Bankruptcy Code), with all such actions to be performed in such manner, and
all such certificates, instruments, guaranties, notices, and documents to be executed and delivered
in such form, as the Authorized Person performing or executing the same shall approve, the
performance or execution thereof to be conclusive evidence of the approval thereof by such
Authorized Person, the Board, and the Company, and (c) pay fees and expenses in connection with
the transactions contemplated by the foregoing resolutions;
RESOLVED, FURTHER, that the omission from this written consent of any (a) agreement,
document, or other arrangement contemplated by any of the agreements, documents, or
instruments described in the foregoing resolutions or (b) action to be taken in accordance with any
requirement of any of the agreements or instruments described in the foregoing resolutions shall
in no manner derogate from the authority of the Authorized Persons to take all actions necessary,
desirable, advisable, or appropriate to consummate, effectuate, carry out, or further the transactions
contemplated by, and the intent and purposes of, the foregoing resolutions;
RESOLVED, FURTHER, that, to the extent that any Authorized Person serves as the sole
member, managing member, manager, general partner, partner, or other governing body
(collectively, a “Controlling Company”), in each case, of any direct or indirect subsidiary of the
Company (a “Controlled Company”), each such Authorized Person who may act without the
joinder of any other Authorized Person, be, and hereby is, authorized, empowered, and directed in
the name and on behalf of such Controlling Company (acting for such Controlled Company in the
capacity set forth above, as applicable), to (a) authorize such Controlled Company to take any
action that any Authorized Person is authorized to take hereunder and/or (b) take any action on
behalf of such Controlled Company that an Authorized Person is herein authorized to take on
behalf of such Controlling Company (including execution and delivery of any authorizing
resolutions);
2
Case 24-11377 Doc 1 Filed 06/17/24 Page 16 of 17
RESOLVED, FURTHER, that the Board has received sufficient notice of the actions and
transactions relating to the matters contemplated by the foregoing resolutions, as may be required
by the organizational documents of the Company, or hereby waive any right to have received such
notice;
RESOLVED, FURTHER, that any and all actions taken by any officer or director of or
advisor to the Company prior to the date of adoption of the foregoing resolutions, which would
have been authorized by the foregoing resolutions but for the fact that such actions were taken
prior to such date, be, and each hereby is, ratified, approved, confirmed, and adopted as a duly
authorized act of the Company in all respects and for all purposes; and
RESOLVED, FURTHER, that this consent may be executed in one or more counterparts,
and delivered by electronic means, each of which, when so executed, shall be treated in all manner
and respects and for all purposes as one and the same original, written consent, and shall be
considered to have the same binding legal effect as if it were an original manually signed
counterpart hereof delivered in person.
3
Case 24-11377 Doc 1 Filed 06/17/24 Page 17 of 17
An individual who is authorized to act on behalf of a non-individual debtor, such as a corporation or partnership, must sign and submit
this form for the schedules of assets and liabilities, any other document that requires a declaration that is not included in the document,
and any amendments of those documents. This form must state the individual’s position or relationship to the debtor, the identity of the
document, and the date. Bankruptcy Rules 1008 and 9011.
WARNING -- Bankruptcy fraud is a serious crime. Making a false statement, concealing property, or obtaining money or property by fraud in
connection with a bankruptcy case can result in fines up to $500,000 or imprisonment for up to 20 years, or both. 18 U.S.C. §§ 152, 1341,
1519, and 3571.
I am the president, another officer, or an authorized agent of the corporation; a member or an authorized agent of the partnership; or
another individual serving as a representative of the debtor in this case.
I have examined the information in the documents checked below and I have a reasonable belief that the information is true and correct:
Schedule D: Creditors Who Have Claims Secured by Property (Official Form 206D)
Schedule E/F: Creditors Who Have Unsecured Claims (Official Form 206E/F)
Chapter 11 or Chapter 9 Cases: List of Creditors Who Have the 20 Largest Unsecured Claims and Are Not Insiders (Official Form 204)
I declare under penalty of perjury that the foregoing is true and correct.
06/17/2024
Executed on ______________ 8 /s/ John C. DiDonato
_________________________________________________________________________
MM / DD / YYYY Signature of individual signing on behalf of debtor
John C. DiDonato
________________________________________________________________________
Printed name
Official Form 202 Declaration Under Penalty of Perjury for Non-Individual Debtors