Case 13-13087-KG Doc 1643 Filed 10/05/15 Page 1 of 13 IN THE UNITED STATES BANKRUPTCY COURT District of Delaware In the Matter of: } } Case No. 13-13087 (KG) FAH Liquidating Corp. } 13-13086 (KG) (joint admin) fka Fisker Automotive Holdings, Inc. } Fisker Automotive, Inc. } Chapter 11 } Debtor(s) } Judge Kevin Gross AFFIDAVIT IN SUPPORT OF RESPONSE TO OBJECTION TO PROOF OF CLAIM NO. 576 (DOC. 1632) STATE OF OHIO ) ss: COUNTY OF FRANKLIN ) Jam Khorrami, being duly sworn, deposes and states: 1. I am a claimant in the above referenced matter. I have personal knowledge of the facts herein, and the information contained herein is true and correct to the best of my knowledge and belief. 2. On or about May 25, 2012 I purchased a 2012 Fisker Karma Ecosport (the "Vehicle"), VIN No. YH4K14AA3CA001538. 3. Included with the purchase of the Vehicle was a standard warranty provided by the Debtor(s) and/or Debtor(s)' predecessor in interest. 4. On or about January 31, 2014, pursuant to receiving a notice of the Debtors' bankruptcy, I filed a proof of claim (Claim no. 576) (the "Claim"), by and through my attorney regarding breach of warranty against the Debtor for $30,000. This claim was the subject of Order Approving Stipulation By and Among the Debtors and Jam Khorrami Resolving the Debtors' Outstanding Objections to Claim Numbers 575 and 576 on 07/01/2014 (Doc. 1044) and any objection regarding timeliness of the claim was resolved in my favor pursuant to said Order. 5. I based my claim on the estimated repair and maintenance costs of the Vehicle over the useful life of the Vehicle. 6. Due to the lack of an established dealership network to provide repairs and maintenance for the Vehicle, and the unique nature of the Vehicle itself, many of the parts and accessories for the Vehicle must be custom ordered and made. 7. I estimate that at some point during the useful life of the Vehicle I will need to replace the 1
Case 13-13087-KG Doc 1643 Filed 10/05/15 Page 2 of 13 battery, at an estimated cost of $20,000.00. 8. I am also aware that computer diagnostic tests to determine any necessary repairs and/or maintenance will cost approximately $2,000.00, and these computer diagnostics will need to be performed at least 4-5 times during the life of the Vehicle. 9. At the present time the covers for the driver seat mechanisms are broken and will need to be custom ordered and replaced, at an estimated cost in excess of $500.00. 10. I believe that the figure of $30,000.00 is a very conservative estimate of the cost of repairs and maintenance of the Vehicle, and that I will most likely have to pay out of pocket an amount in excess of $30,000.00 over the useful life of the Vehicle for repair and maintenance costs. 11. If the Debtor had not filed for bankruptcy, the estimated $30,000.00 that I claimed would have been covered under the warranty provided by the Debtor(s), or the Debtor(s)' predecessor in interest, and I would not have to pay this amount out of pocket. 12. Along with my completed Ballot for Accepting or Rejecting the Debtors' Second Amended Joint Plan of Liquidation Pursuant to Chapter 11 of the Bankruptcy Code, I submitted a Warranty Claims Election Form wherein I elected to receive a beneficial interest in my Pro Rate share of the Liquidating Trust Assets (the "Cash Option"). This Warranty Claims Election Form was sent by Certified Mail, return receipt requested, and was received by the claims administrator on July 10, 2014 at 9:36 a.m., which was in advance of the deadline of July 16, 2014. A copy of the Warranty Claims Election Form and Proof of Receipt are attached hereto as Exhibits A and B. 13. At the time I was required to submit my Warranty Claims Election Form, the Debtors' Amended Disclosure Statement (Doc. 984, Article VI, Paragraph B.4) provided as follows: "The Debtors and the Committee are negotiating with Wanxiang on potentially providing an enhanced Warranty Program that improves the treatment for Holders of Allowed Warranty Claims versus the treatment provided pursuant to the Purchase Agreement. However, there can be no guaranty that these negotiations will result in an enhanced Warranty Program, and Holders of Warranty Claims should not assume that any improved Warranty Program will be available." I elected the Cash Option in part because I could not tell from the Amended Disclosure Statement what I might actually receive under the warranty option. 14. I also filed Claim No. 575, which was resolved pursuant to the Order Approving Stipulation By and Among the Debtors and Jam Khorrami Resolving the Debtors' Outstanding Objections to Claim Numbers 575 and 576 on 07/01/2014 (Doc. 1044). Claim No. 575 is no longer at issue herein. 2
Case 13-13087-KG Doc 1643 Filed 10/05/15 Page 3 of 13 FURTHER AFFIANT SAYETH NAUGHT. /s/ Jam Khorrami Jam Khorrami Sworn to before me and subscribed in my presence this 2nd day of October, 2015. /s/ Mina N. Khorrami Notary Public My commission expires: no expiration date ORC 147.03 [seal] 3
Case 13-13087-KG Doc 1643 Filed 10/05/15 Page 4 of 13 CERTIFICATE OF SERVICE I hereby certify that on October 5, 2015, a copy of the foregoing AFFIDAVIT IN SUPPORT OF RESPONSE TO OBJECTION TO PROOF OF CLAIM NO. 576 (DOC. 1632) was served on the following by electronic transmission at the address on file with the clerk's office David L. Eaton Laura Davis Jones Peter J Keane James E. O'Neill Mark S. Kenney William R. Baldiga Sunni P Beville Nicolas M. Dunn, Jr. Mark Minuti Brian Thomas Rice Lucian Borders Murley and by ordinary U.S. Mail addressed to: Co-Counsel for the Liquidating Trustee, Brown Rudnick LLP, Seven Times Square, New York, New York 10036 (Attn: William R. Baldiga, Esq.) and One Financial Center, Boston, Massachusetts 02111 (Attn: Sunni P. Beville, Esq. and Brian t. Rice, Esq.) Co-Counsel for the Liquidating Trustee, Saul Ewing LLP, 222 Delaware Avenue, Suite 1200, P.O. Box 1266, Wilmington, Delaware 19899 (Attn: Mark Minuti, Esq. and Lucian B. Murley, Esq.) The Office of the Clerk of the United States Bankruptcy Court for the District of Delaware, 824 North Market Street, Wilmington, Delaware 19801 The Office of the United States Trustee, J. Caleb Boggs Federal Building, 844 N. King Street, Room 2207, Lockbox 35, Wilmington, Delaware /s/ Mina Nami Khorrami Mina Nami Khorrami (0058350) Attorney for Creditor Jam Khorrami 4
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