Transportation

Henrik Fisker drops salary to $1 to keep Fisker Inc. bankruptcy case alive

Comment

Fisker CEO Henrik Fisker speaks during their inaugural "Product Vision Day" in Huntington Beach, California, on August 3, 2023. (Photo by FREDERIC J. BROWN/AFP via Getty Images)
Image Credits: FREDERIC J. BROWN/AFP / Getty Images

Fisker Inc. co-founders Henrik Fisker and his wife, Geeta Gupta-Fisker, are lowering their salaries to $1 in order to keep their failed EV startup’s bankruptcy proceedings funded, as lawyers work to complete a sale of its remaining inventory.

Fisker Inc.’s restructuring officer, John DiDonato, said in a Tuesday morning filing that the couple, who co-founded the startup in 2016, made the decision July 8 — just five days after he was grilled about the issue by Linda Richenderfer, a lawyer for the office of the U.S. Trustee.

In that July 3 hearing, Richenderfer asked DiDonato whether the Fiskers were still on the payroll. Richenderfer wanted to be sure that every other option had been exhausted given that the lawyers for the company were asking the court to approve an expedited sale of Fisker’s EVs (at least the ones designed for North America) in order to fund the rest of the Chapter 11 case. Those funds are meant to cover legal proceedings and the wind-down of the company.

DiDonato stumbled trying to recall what Henrik and Geeta were currently being paid but told Richenderfer that their salaries were “undertaking a modification” and possibly “some deferrals.”

It’s still not clear what the couple were being paid every other week as the company slid into bankruptcy. The company said in a regulatory filing last year that it paid them a minimum-wage salary in 2022, which at the time in California was $62,400. But they were each additionally paid cash bonuses of $710,000.

In addition to the salary reductions, DiDonato said in Tuesday’s filing that Fisker will defer “certain severance payments, certain employee healthcare benefits, and vehicle sale incentive bonuses” that have not yet been paid. Most of Fisker’s workforce, which was around 1,300 in September 2023, has been whittled down to about 130 people.

All of this comes as the company is pushing to sell more than 3,000 of its remaining Ocean SUVs to American Lease, a New York-area company that mainly serves ride-hail drivers, in a deal that is supposed to net around $46.25 million. And while Fisker is in agreement to make that sale to American Lease, another potential buyer has approached the startup — but that unknown party is under NDA and it’s not been made clear what, exactly, they might want and what they’d be willing to pay.

A lawyer for Fisker said at the July 3 hearing that the plan was to parcel out about 200 Oceans to American Lease at a time, due, in part, to a problem with the EV’s water pump that can cause the high-voltage battery to lose power. Fisker needs to fix that problem on every car before it can be sold because the part is now under an official recall with the National Highway Traffic Safety Administration.

With the cost-saving measures DiDonato laid out, along with additional cash coming in from prior vehicle auctions and interest on bank accounts, Fisker now thinks it can fund the case over the next few weeks. A final decision on the approval of the sale to American Lease is now not expected until July 16.

“I think holding the hearing on that date allows a little more breathing room for the parties and potential other events,” Brian Resnick of Davis Polk, who represents Fisker in the bankruptcy case, said in a hearing Tuesday morning. That includes the potential new buyer for Fisker’s assets, Resnick said, but he added: “We’re certainly not taking our eye off the ball” on the American Lease transaction.

In the interim, the fight between Fisker’s lone secured creditor — Heights Capital Management, an affiliate of financial services company Susquehanna International Group — and its many unsecured lenders continues. A committee of unsecured creditors was finally formed last week, and their legal representation got its first chance to speak at Tuesday’s hearing.

That lawyer, Doug Mannal of Morrison Foerster LLP, didn’t waste the moment. He spent about 10 minutes of the roughly 30-minute hearing building on claims, frustrations and allegations made by another lawyer who spoke on behalf of an unsecured creditor in the first Chapter 11 hearing on June 21. Mannal’s speech aimed to deliver the court a message: The committee of unsecured creditors is uncomfortable with the way that Heights wound up first in line for all of Fisker’s assets.

Heights extended around $500 million worth of loans to Fisker in 2023. That debt was not secured by any collateral, but instead could be converted into Fisker stock. When Fisker was late in filing its third-quarter financial results in late 2023, that breached one of the covenants of the deal with Heights.

Somehow — and it’s still unclear exactly what happened here — Fisker’s way of making good with Heights was to pledge all of its assets as collateral for the remaining debt. “What would be a relatively benign event in most other situations has had a dramatic impact” on Fisker, Mannal said in the hearing. He also noted that the covenant breach allowed Heights to convert and sell Fisker stock at a juicy premium, essentially turning $1 into $1.60 by flipping it on the open market.

Mannal accused Heights of using Fisker as a “money tree” and claimed they’ve already made back far more than the value of the original loans. He therefore questioned why Heights is still claiming to be owed more than $180 million — debt that remains collateralized by all of Fisker’s assets — when the unsecured creditors are collectively owed around $1 billion.

Scott Greissman, a partner at White & Case LLP who represents Heights, said the firm “has at all times acted within the four corners of a series of contracts” with Fisker. He reminded the court that Fisker was a publicly traded company with a board of directors and “fine counsel,” all of whom oversaw the negotiations of the original loans and the agreement to repair the breach.

“Your Honor, similar to the first day hearing, different law firm, same allegations, perhaps a little more dramatic, we don’t think it’s appropriate necessarily at all to respond to any of these allegations that Mr. Mannal has stated on the record almost in the form of testimony,” Greissman said. “We are very concerned that the [unsecured creditors’] committee’s approach to the case will destroy value rather than enhance it.”

(One way the committee of unsecured creditors is already trying to “enhance” the value of what’s left at Fisker: It was the one that found the new potential buyer.)

Whichever way the next few weeks go, Greissman stressed the point that, though Fisker entered a Chapter 11 proceeding, Heights sees this as a liquidation and little else. “Every dollar expended is unrecoverable,” he said. “Even an approved sale won’t necessarily sustain a Chapter 11 case, especially a highly litigious one.”

More TechCrunch

Exoticca’s platform connects flights, hotels, meals, transfers, transportation and more, plus the local companies at the destinations.

Spanish startup Exoticca raises a €60M Series D for its tour packages platform

Content creators are busy people. Most spend more than 20 hours a week creating new content for their respective corners of the web. That doesn’t leave much time for audience…

Mark Zuckerberg imagines content creators making AI clones of themselves

Elon Musk says he will show off Tesla’s purpose-built “robotaxi” prototype during an event October 10, after scrapping a previous plan to reveal it August 8. Musk said Tesla will…

Elon Musk sets new date for Tesla robotaxi reveal, calls everything beyond autonomy ‘noise’

Alphabet will spend an additional $5 billion on its self-driving subsidiary, Waymo, over the next few years, according to Ruth Porat, the company’s chief financial officer. Porat announced the commitment…

Alphabet to invest another $5B into Waymo

There is no fool proof way to prevent a buggy update like CrowdStrike’s, but there are best practices that could mitigate the fallout.

How to prevent your software update from being the next CrowdStrike

Spotify CEO Daniel Ek says the streaming service is still in the “early days” of its plans to bring hi-fi support to the platform. During the company’s earnings call on…

Spotify CEO says company is in ‘early days’ of hi-fi audio plans

Featured Article

A comprehensive list of 2024 tech layoffs

The tech layoff wave is still going strong in 2024. Following significant workforce reductions in 2022 and 2023, this year has already seen 60,000 job cuts across 254 companies, according to independent layoffs tracker Layoffs.fyi. Companies like Tesla, Amazon, Google, TikTok, Snap and Microsoft have conducted sizable layoffs in the…

A comprehensive list of 2024 tech layoffs

Tesla was not the first company to begin working on a humanoid form factor, but while being the first to market does carry weight in this high-tech space, we’re at…

Elon Musk sets 2026 Optimus sale date. Here’s where other humanoid robots stand.

Harvey, a startup building what it describes as an AI-powered “copilot” for lawyers, has raised $100 million in a Series C round led by GV, Google’s corporate venture arm. The…

OpenAI-backed legal tech startup Harvey raises $100M

Digital banking startup Mercury informed some founders that it is no longer serving customers in certain countries, including Ukraine.

Digital banking startup Mercury abruptly shuttered service for startups in Ukraine, Nigeria, other countries

Welcome to TechCrunch Fintech! This week, we’re looking at Human Interest’s path toward an IPO, fintech’s newest unicorn, a slew of new fundraises, and more. To get a roundup of…

The next fintech to go public may not be the one you expected

Waymo has started testing on public roads in San Francisco a new robotaxi built by Chinese electric automaker Zeekr.  Waymo has “less than a handful” of the Zeekr vehicles in San…

The Waymo-Zeekr robotaxi has come to San Francisco

The transaction values Cyabra at $70 million, and the company expects the merger to close by the end of the year.

Cyabra, a startup helping companies and governments detect disinformation, plans to go public via SPAC

Featured Article

There’s a lot more to the Kamala Harris memes than you think

“You think you just fell out of a coconut tree?” says Vice President Kamala Harris in a now infamous clip. An overlay of the lime green album art for Charli XCX’s “Brat” flashes on the screen, while a remix of “Von Dutch” scores increasingly frenetic clips of Harris hysterically laughing…

There’s a lot more to the Kamala Harris memes than you think

GM’s self-driving car subsidiary Cruise is scrapping plans to build the Origin — a purpose-built robotaxi with no steering wheel or pedals — and will instead use the next-generation Chevrolet Bolt…

GM’s Cruise abandons Origin robotaxi, takes $583 million charge

The Federal Trade Commission announced on Tuesday that it’s ordering eight companies that offer AI-powered “surveillance service pricing” to turn over information about the potential impact these products have on…

FTC is investigating how companies are using AI to base pricing on consumer behavior

Meta AI, Meta’s AI-powered assistant across Facebook, Instagram, Messenger and the web, can now speak in more languages and create stylized selfies. And, starting today, Meta AI users can route…

Meta AI gets new ‘Imagine me’ selfie feature

Mesa, Arizona-based Rosotics has kept a low profile. From the startup’s website, one would think they are solely focused on selling large metal 3D printers to aerospace and defense customers.…

Rosotics wants to manufacture massive orbital shipyards using 3D printing

Meta’s latest open source AI model is its biggest yet. Today, Meta said it is releasing Llama 3.1 405B, a model containing 405 billion parameters. Parameters roughly correspond to a…

Meta releases its biggest ‘open’ AI model yet

Hustle culture is embedded into the Silicon Valley startup ethos, but the expectation to grind all the time can be detrimental to a founder’s mental health. We’re pleased to welcome…

Andy Dunn talks the importance of founder mental health at TechCrunch Disrupt 2024

Meta has been given until September 1 to respond to consumer protection concerns in the European Union. The Consumer Protection Cooperation (CPC) Network, a network of authorities responsible for the…

Meta given weeks to tell EU consumer protection authorities how it’ll fix ‘pay or consent’

Google is no longer proposing to deprecate third-party tracking cookies in Chrome, instead suggesting that users be given an option to deny tracking.

Google’s latest Privacy Sandbox gambit could pit user choice against tracking

Let’s start with the premise that many people take notes as they work with customers as part of their jobs. As they take notes, they may need to access a…

Noded AI wants to make your notes the center of your work world

Nathan Rosenberg, the founder of farm automation platform Farmblox, said if there is one thing to know about trying to sell technology to farmers, it’s that you can’t tell them…

Farmblox puts the control into farmers’ hands with its AI-powered sensor-reading platform

Platforms like TikTok and Spotify have experimented with events on their platforms. But rather than concentrating on concerts and large gatherings, event startup Posh is focusing on intimate gatherings of…

Posh raises $22M to become TikTok for small events

Adobe released new Firefly tools for Photoshop and Illustrator on Tuesday, offering graphic designers more ways to use the company’s in-house AI models. Adobe’s new features let creative workers describe…

Adobe releases new Firefly AI tools for Illustrator and Photoshop

Grocery app Flashfood’s new offering is designed for independently owned grocery stores that want to reduce food waste and consumers who want to save money. 

Flashfood users can now save money on groceries at their local grocery store in addition to bigger chains

Quality assurance in the app development world is a necessary, but often resource-draining, undertaking. According to Statista, 23% of companies’ annual IT budgets are allocated to in-house or third-party contracted…

QA Wolf secures $36M to grow its app QA-testing suite

Level AI offers a suite of AI-powered tools to automate various customer service tasks.

Level AI applies algorithms to contact center pain points

In spite of maintaining stealth until now, Mytra has already drummed up interest with big names. The startup has a pilot with grocery giant Albertsons, among others.

Former Tesla humanoid head launches a robotics startup