United States: In Re Fisker: Delaware Bankruptcy Court Imposes Roadblock To Credit Bidding – Hughes Hubbard & Reed LLP

In considering a Section 363 asset sale in “In re Fisker Automotive Holdings, Inc.”, the United States Bankruptcy Court for the District of Delaware used its “for cause” power under Section 363(k) to limit the proposed purchaser’s credit bid and trigger a competitive cash auction for the debtor’s assets.