
Joel R. Glucksman
Partner
201-896-7095 jglucksman@sh-law.com
Partner
201-896-7095 jglucksman@sh-law.comU.S. electric car maker Coda Automotive sought bankruptcy law protection in early May, and now it appears that its financial condition is impacting its affiliate companies and they will be forced into bankruptcy as well. Delaware-based Lio Energy Systems Holdings has filed for protection along with Hong Kong-based Miles Electric Vehicles Ltd.
The companies are petitioning to have their cases jointly administered with those of their parent company Coda Holdings and its affiliates, according to a Reuters report. Lio Energy Systems is considered a direct subsidiary of Coda Holdings, while Miles Electric Vehicles Ltd is a direct subsidiary of Lio Energy. Both companies, while performing different functions, were established in the late 2000s to forge manufacturing agreements with and make investments in China. It is not yet clear whether these two new bankruptcy cases will be managed jointly with those of the other Coda affiliates that have sought bankruptcy.
Most recently, Coda Automotive received bankruptcy court approval to sell its assets for $25 million to a group of lenders, the predominant leader being Fortress Investment Group. Under the terms of the agreement, Fortress will pay $1.7 million in cash. The remaining amount will be received in the form of a “credit bid,” in which Fortress will bid for Coda’s assets using its monetary claims instead of cash, Reuters reports. The agreement is expected to facilitate Coda Automotive’s exit from the car industry and transition to the production of energy storage systems through subsidiary Coda Energy.
“(The ruling) will allow us to emerge in a stronger position to develop our core technology, forge stronger relationships with our partners, and ultimately, enable us to execute our business plan in the growing energy storage sector,” the company said in an email to the news source.
A string of bankruptcy filings among green automakers has created speculation about the future of the electric car industry, which was once thought to be a viable solution to the nation’s energy issues.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

IP infringement occurs when someone uses your intellectual property without your permission or beyond the scope of the permission you granted. Common examples of IP infringement include copying a product’s patented features or using a trademarked logo in a way that is likely to confuse consumers about the source or affiliation of goods or services. […]
Author: Michael Mietlicki

When facing public allegations of wrongdoing, companies should not let the speed of the public conversation dictate the speed of an investigation. An investigation designed to confirm a preferred narrative rather than establish the facts can create serious problems later, particularly if litigation, regulatory scrutiny, or employment claims follow. Key Takeaways When public allegations surface […]
Author: Sean M. Pena

For battery energy storage system (BESS) developers, securing equipment and site control is only part of the development equation. A project must also connect to the electric grid, and increasingly, BESS interconnection is one of the biggest sources of schedule, cost, and contractual risk. Key Takeaways This article is Part 3 of our Battery Storage […]
Author: Nicholas Wall

Director and officer liability increases sharply when a company is in financial distress. Decisions that would draw little attention in a healthy business can later be challenged by creditors, shareholders, bankruptcy trustees, and regulators as breaches of fiduciary duty, fraudulent transfers, or oversight failures. Understanding where that exposure comes from, and how to manage it, […]
Author: Michael Mietlicki

For developers pursuing battery energy storage system (BESS) projects, finding the right property is only the beginning. BESS site selection is as much a legal and transactional exercise as a real estate decision, with risk analysis central to the project’s ultimate success. Key Takeaways The core questions for BESS site selection in New York and […]
Author: Nicholas Wall

What should you expect when meeting a litigation attorney about a business dispute? You should expect to describe the dispute in your own words, hand over the most important documents, flag any deadlines or immediate threats, and leave with a clearer picture of the problem, what information is still needed, and the likely next steps. […]
Author: Michael Mietlicki
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!