Carl Icahn said he has the right to bid for Blockbuster, which has a $290 million offer from a group of senior creditors. Icahn, who owns the bankrupt movie-rental company’s senior debt, isn’t part of the bidding group that includes Monarch Alternative Capital, he said in a court filing.

However, he has “worked constructively” with Blockbuster in its failed effort to reorganize and now supports the sale of the company, he said in the filing.

The bankrupt company’s financial adviser informed creditors that “at least five” parties conducted “due diligence” on Blockbuster. The judge will assess his good faith if he decides to bid and if Blockbuster determines that his bid is “the highest and best,” Icahn said. Bankruptcy Judge Burton Lifland has scheduled a hearing on the issue for today.