AFFIDAVIT
IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA
CASE NUMBER: XXXX
Alexander Williams,
Plaintiff,
vs.
PATIO INC.
Defendants.
__________________________________/
AFFIDAVIT OF JOHN RICHARDS
STATE OF FLORIDA )
)ss
COUNTY OF BROWARD )
BEFORE ME, the undersigned authority, personally appeared JOHN RICHARDS, who, being first duly sworn, hereby deposes and says:
- My name is JOHN RICHARDS and I am an attorney licensed to practice law in the State of Florida since XX. While working at the law firm of XXXX, I was handling the case of Alexander Williams vs. Patio Inc., during the pre-suit stages of the case.
- I did not receive the Amended Schedule F – Creditors Holding Unsecured Non-Priority Claims, from Patio Inc. or from the Clerk of the Bankruptcy Court for the Northern District of Florida.
- I did not receive a copy of the notice from the Clerk of the Bankruptcy Court pertaining to the requirement to file claims.
- Additionally, during the time periods in which the Bankruptcy notice were purportedly sent, the insurer for Patio Inc., XX, was actively investigating the case and communicating with the law firm XX in attempt to amicably resolve the personal injury case. Even if the bankruptcy documents were received, XX, as Patio Inc.’s insurer/agent, continued to communicate with XX, with a view towards resolution of the case and by its actions has estopped Patio Inc. and XX from claiming that the case was discharged in bankruptcy. XX Insurance never advised me or anyone else at the law firm of XX that Patio Inc. was in bankruptcy and that XX could not participate in any attempt to settlement the claim.
FURTHER AFFIANT SAYETH NAUGHT.
__________________________
JOHN RICHARDS
SWORN TO AND SUBSCRIBED before me
on the ____ day of _________________, 20__,
by , who did or did not take an oath and
who presented as identification:
[ ]Florida Drivers License
[ ]Other: _______________________________
_________________________________________
NOTARY PUBLIC, STATE OF FLORIDA
My commission expires:
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