fisker automotive holdings inc

8/13/2019 Fisker Automotive Holdings Inc

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Bi Official Form 1) 12/11)UNITED STATES BANKRUPTCY COURT

District of Delaware VOL NTARPETlName of Debtor (if individual, enter Last, First, Middle): Name of Joint Debtor (Spouse) (Last, First, Middle):Fisker Autom otive Holdings Inc.All Other Names used by the Debtor in the last 8 years All Other Names used by the Joint Debtor in the last 8 years(include married, maiden, and trade names): (include married, maiden, and trade names):

Last four digits of Soc. Sec. or Individual-Taxpayer I.D. (ITIN)/Complete EIN Last four digits of Soc. Sec. or Individual-Taxpayer I.D. (ITIN)/Complete EIN(if more than one, state all): (if more than one, state all):27 - 2359678Street Address of Debtor (No. and Street, City, and State): Street Address of Joint Debtor (No. and Street, City, and State):5515 E. La Palma Ave.Anaheim California

Z P CODE 928 7 I Z P CODECounty of Residence or of the Principal Place of Business: County of Residence or of the Principal Place of Business:Orange CountyMailing Address of Debtor (if different from street address): Mailing Address of Joint Debtor (if different from street address):

VIP CODE VIP CODE _ _ _ _ Location of Principal Assets of Business Debtor (if different from street address above):

ZIP CODEType of Debtor Nature of Business Chapter of Bankruptcy Code Under Which

(Form of Organization) (Check one box.) the Petition is Filed (Check one box.)(Cheek one box.) Health Care Business D hapter 7 hapter 15 Petition forE ndividual (includes Joint Debtors) Single Asset Real Estate as defined in D hapter 9 ecognition of a ForeignSee Exhibit Don page 2 of this for,n. 11 U.S.C. 101(51B) Z hapter 11 ain ProceedingCorporation (includes LLC and LLP) E l ailroad D hapter 12 hapter 15 Petition forPartnership E l tockbroker Chapter 13 ecognition of a ForeignD ther (If debtor is not one of the above entities, check ommodity Broker Nonmain Proceedingthis box and state type of entity below.) learing BankZ ther

Chapter 15 Debtors Tax-Exempt Entity Nature of DebtsCountry of debtors center of main interests: (Check box, if applicable.) (Check one box.)Debts are primarily consumer Z Debts are

ebtor is a tax-exempt organization debts, defined in 11 U.S.C. rimarilyEach country in which a foreign proceeding by, regarding, or under title 26 of the United States 101(8) as incurred by an usiness debts.against debtor is pending: Code (the Internal Revenue Code). individual primarily for a

personal, family, orhousehold purpose.

Filing Fee (Check one box.) Chapter DebtorsCheck one box:

Full Filing Fee attached. ebtor is a small business debtor as defined in II U.S.C. 101(51 D).Debtor is not a small business debtor as defined in II U.S.C. 101(5 ID).iling Fee to be paid in installments (applicable to individuals only). Must attachsigned application for the courts consideration certifying that the debtor is Check ifunable to pay fee except in installments. Rule 1006(b). See Official Form 3A. ebtors aggregate noncontingent liquidated debts (excluding debts owed to

insiders or affiliates) are less than $2,343,300 amount subject to adjustmentiling Fee waiver requested (applicable to chapter 7 individuals only). Must on 41 1113 and every three years thereafter).

attach signed application for the courts consideration. See Official Form 3B.Check all applicable boxes:

plan is being filed with this petition.Acceptances of the plan were solicited prepetition from one or more classesof creditors, in accordance with 11 U.S.C. 1126(b).

Statistical/Administrative Information THIS SP CE IS FOROURT USE ONLY

Debtor estimates that funds will be available for distribution to unsecured creditors.Debtor estimates that, after any exempt property is excluded and administrative expenses paid, there will be no funds available fordistribution to unsecured creditors.

Estimated Number of Creditors on a consolidated basis)1-49 0-99 00-199 00-999 ,000- ,001- 0,001- 5,001- 0,001- ver

5,000 0,000 5,000 0,000 00,000 00,000Estimated Assets on a consolidated basis)

z$0 to 50,001 to 100,001 to 500,001 1,000,001 10,000,001 50,000,001 100,000,001 500,000,001 ore than$50,000 100,000 500,000 o $1 o $10 o $50 o $100 o $500 o $1 billion 1 billion

million illion illion illion illionEstimated Liabilities on a consolidated basis)

$0 to 50,001 to 100,001 to 500,001 1,000,001 10,000,001 50,000,001 100,000,001 500,000,001 ore than$50,000 100,000 500,000 o $1 o $10 o $50 o $100 o $500 o $I billion 1 billion

million illion illion illion illion

Case 13-13087 Doc 1 Filed 11/22/13 Page 1 of 4


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BI (Official Form U 12/111 aoe 2Voluntary Petition Ngrne of Debtor(s):This page must be completed andfiled in every case.) i isker Automo tive Holdings Inc.

All Prior Bankruptcy Cases Filed Within Last 8 Years (If more than two, attach additional sheet.)Location Case Number: Date Filed:Where Filed:Location Case Number: Date Filed:Where Filed: _______________________________________

Pending Bankruptcy Case Filed by any Spouse, Partner, or Affiliate of this Debtor (If more than one, attach additional sheet.)Name of Debtor: Case Number: Date Filed:Fisker Automotive Inc.District: istrict of elaware Relationship: Judge:

Exhibit xhibit B(To be completed if debtor is required to file periodic reports (e.g., forms 10K and (To be completed if debtor is an individualIOQ) with the Securities and Exchange Commission pursuant to Section 13 or 15(d) whose debts are primarily consumer debts.)of the Securities Exchange Act of 1934 and is requesting relief under chapter Il.)

1, the attorney for the petitioner named in the foregoing petition, declare that I haveinformed the petitioner that [he or she] may proceed under chapter 7, 11, 12, or 13of title 11, United States Code, and have explained the relief available under eachsuch chapter. 1 further certify that I have delivered to the debtor the notice requiredby 11 U.S.C. 342(b).El xhibit A is attached and made a part of this petition.X

Signature of Attorney for Debtor(s) Date)

xhibitDoes the debtor own or have possession of any property that poses or is alleged to pose a threat of imminent and identifiable harm to public health or safety?

Yes, and Exhibit C is attached and made a part of this petition.No, ee Attached Exhibit C.

Exhibit D(To be completed by every individual debtor. If a joint petition is filed, each spouse must complete and attach a separate Exhibit D.)D xhibit D, completed and signed by the debtor, is attached and made a part of this petition.If this is a joint petition:

xhibit D, also completed and signed by the joint debtor, is attached and made apart of this petition.

Information Regarding the Debtor Venue(Check any applicable box.)

E ebtor has been domiciled or has had a residence, principal place of business, or principal assets in this District for 180 days immediatelypreceding the date of this petition or for a longer part of such 180 days than in any other District.

Ei here is a bankruptcy case concerning debtor s affiliate, general partner, or partnership pending in this District.o ebtor is a debtor in a foreign proceeding and has its principal place of business or principal assets in the United States in this District, or hasno principal place of business or assets in the United States but is a defendant in an action or proceeding [in a federal or state court] in thisDistrict, or the interests of the parties will be served in regard to the relief sought in this District.

Certification by a Debtor Who Resides as a Tenant ofResidential Property(Check all applicable boxes.)

E l andlord has ajudgment against the debtor for possession of debtor s residence. (If box checked, complete the following.)(Name of landlord that obtained judgment)

(Address of landlord)

o ebtor claims that under applicable nonbankruptcy law, there are circumstances under which the debtor would be permitted to cure theentire monetary default that gave rise to the judgment for possession, after the judgment for possession was entered, andebtor has included with this petition the deposit with the court of any rent that would become due during the 30-day period after the filing

of the petition.ebtor certifies that he/she has served the Landlord with this certification. (11 U.S.C. 362(D).



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RI tflffldni Fnrm i I (I /IIl ___Voluntary Petition Name of Debtor s) .( Ibis page mud be con,p/eiedandflled in every cave.) Fisker Automo tive Hold ings, Inc.

SignaturesSignature s) of Debtor s) (Individual/Joint) Signature ore Foreign Representative

I declare under penal ty of per jury that the information provided in this petition is true I declare under penalty ofpeijury that the information provided in this petition is trueand correct. and correct, that I am the foreign representative of a de btor in a foreign proceeding,[ If pe t it ioner is an individua l whose deb ts a re pr imar i ly consum er debts and h as and that I am authorized to file this petition.chosen to f ile under chapter 71 I am aware that I m ay proceed under chapter 7, Il , 12or 13 of ti t le II, United States Code , understand the rel ief available under each such Check only one box.)chapter, and choose to proceed under chapter 7 .[If no attorney represents me and no bankruptcy petition preparer signs the petition] I request relief in accordance with chapter IS of title II, United States Code.have obtained and read the notice required by II U.S.C. 342 b) . Certif ied copies of the docume nts required by II U.S.C. j15 IS are attached.ursuant to II U.S.C. 1511,1 request relief in accordance with theI request relief in accordance with the chapter of title II United States Code chapter of ti t le II spe cif ied in this petition. A cer tif ied cop y of thespecified in this petition, order granting recognition of the foreign main proceeding is attached.

X x Signature of Foreign Representative)ignature of D ebtorX Signature of Joint D ebtor Printed Nam e of Foreign Representative)

Telephone Number if not represented by at torney)Date

ignature of Attorney* Signature of Non-Attorney Bankruptcy Petition Preparerr ate

I declare under penal ty of peiuiy that: I) I am a bankruptcy petition preparer asdefined in II U.S.C. 110; 2)1 prepared this document for compensation and haver btor s) provided the debtor with a copy of this document and the notices and informationPrinted Name of A ttorney for Debtor s)Pachulski Stang Z iehi Jones LLP required under ii .S.C. * 110 b) 10 h) nd 342 b) nd, 3) if rules orguidelines have been prom ulgated pursuant to II U.S.C. * 110 h) se t t ing a maximumF i rm N a m e fee for services chargeable by bankruptcy petition preparers, I have given the debtor919 North Marke t Street, 17th Floor, P .O. Box 8705 notice of the maxim um am ount before preparing any document for f il ing for a debtorWilming ton, Delawa re 19899-8705 Cou rier 19801) or accepting any fee f rom the debtor , as required in that section. Off icial Form 19 is

Address302) 652-4100Telephone N umber Printed Name and title, if any, of Bankruptcy Petition Preparer11/22/2013Date

Social-Security numb er If the bank ruptcy petition preparer is not an individual,1n a case in which 707 b) 4) D) applies, this signature also constitutes a state the So cial-Security number of the o ff icer , pr incipal , responsible person orcertification that the attorney has no knowledge after an inquiry that the information partner of the bankruptcy petition preparer .) Required by II U.S.C. * 110.)in the schedules is incorrect.Signa ture of De btor Corpora t ion/Par tne r ship)

I declare under penal ty of per jury that the information provided in this petition is true Addressand cor rec t , and tha t I have been author ized to f i l e th is pe t i t ion on beha l f of thedebtor .The de btor requests the rel ief in accordance with the chapter of ti t le II, United States SignatureCode, specifi n this petition 2 DateSignature of Authorized IndividualMarc Beil inson Signature of bankruptcy petition preparer or officer, principal, responsible person, orpartner whose Social-Securi ty number is provided above.rinted N ame of Authorized IndividualChief Restructuring Officer

Title of Authorized Individual11/22/2013 Nam es and Social-Security numbers of al l other individuals who prepared or assistedDate in preparing this document unless the bankruptcy petition preparer is not anindividual.

If more than one person prepared this document, attach additional sheets conformingto the appropriate official form for each person.bankruptcy petition preparer sfailure to comply with the provisions of title /1 and

the / ederal Rules o Bankruptcy Procedure may result In fines or Imprisonment orboth 11 U S 0 110; 18 USC 156.



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B IC (Official Form I, Exhibit C) (9/0 )[If to the best of the debtors knowledge, the debtor owns or has possession ofproperty that poses or is alleged to pose a threat ofimminent and identifiable harm to the public health or safety, attach this Exhibit C to the petition.]

UNITED STATES BANKRUPTCY COURTDistrict of Delaware

In re isker Automotive Holdings, Inc. ase No 134 . . . . . . . . . . . )Debtor

Chapter 11

EXHIBIT C TO VOLUNTARY PETITION1 Identify and briefly describe all real or persona l property ow ned by or in po ssession of the debtor that, to the best of thedebtor s knowled ge, poses or is alleged to pose a threat of imminent and identifiable harm to the public health or safety (attachadditional sheets if necessary):

The Debtor does not believe it owns or possesses any real or personal property that poses or is alleged topose a threat of imminent and identifiable harm to the public health or safety. The Debtor notes that it is notaware of any definition of imminent and identifiable harm as used in this form.

2 With respect to each parcel of real property or item of personal property identified in question 1, describe the nature andlocation of the dangerous condition, whether environmental or otherwise, that poses or is alleged to pose a threat of imminent andidentifiable harm to the pub lic health or safety (attach additional sheets if necessary):The Debtor is not aware of any dangerous conditions existing on or related to any real or personal propertyowned or possessed by the Debtor that pose or are alleged to pose a threat of imminent and identifiableharm to the public health or safety. The Debtor notes that it is not aware of any definition of imminent andidentifiable harm as used in this form.


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