Motion to seal — Customers Bank (White Declaration exhibits A & C) — In re KServicing

Record facts

U.S. Bankruptcy Court for the District of Delaware · No. 22-10951 · Doc. 338 · 2022-12-07 · Docket on CourtListener

Summary

A motion by Customers Bank, filed December 7, 2022 as Doc. 338 in In re Kabbage, Inc. d/b/a KServicing, et al., Chapter 11 Case No. 22-10951 (CTG), in the U.S. Bankruptcy Court for the District of Delaware. It asks the court for authorization to file under seal Exhibits A and C to the White Declaration, which supports Customers Bank's motion to compel compliance with a court-approved settlement agreement and require additional adequate protection. The motion relies on 11 U.S.C. § 107(b), Bankruptcy Rule 9018 and Local Rule 9018-1(b), and states that the two exhibits contain sensitive information regarding the Debtors' customers. It lists a hearing date of January 6, 2023 and is signed by counsel from Sullivan Hazeltine Allinson LLC and Holland & Knight LLP. The motion is four pages.

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IN THE UNITED STATES BANKRUPTCY COURT 
FOR THE DISTRICT OF DELAWARE 
 
In re: 
  
KABBAGE, INC. d/b/a KSERVICING, et al.,1 
 
Debtors. 
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Chapter 11 
 
Case No. 22-10951 (CTG)  
 
(Jointly Administered) 
 
Hearing Date:  January 6, 2023 at 10:00 a.m. 
Obj. Deadline:  December 21, 2022, 2023 at 4:00 p.m. 
 
Related Docket No. 337 
 
 
 
 
 
 
 
MOTION OF CUSTOMER BANK FOR AUTHORIZATION TO FILE UNDER SEAL 
EXHIBITS A AND C TO THE DECLARATION OF ALYSSA WHITE IN SUPPORT OF 
THE MOTION OF CUSTOMERS BANK FOR ENTRY OF AN ORDER (I) 
COMPELLING COMPLIANCE WITH COURT APPROVED SETTLEMENT 
AGREEMENT AND ORDER; (II) REQUIRING ADDITIONAL ADEQUATE 
PROTECTION IN FAVOR OF CUSTOMERS BANK;  
AND (III) GRANTING RELATED RELIEF 
 
 
Customers Bank (“Customers Bank”) respectfully submits this motion (the “Motion to 
Seal”), pursuant to section 107(b) of the Bankruptcy Code, Fed. R. Civ. Pro. 9018, and Del. 
Bankr. L.R. 9018-1, seeking entry of an Order authorizing it to file under seal exhibit A and C 
the Declaration of Alyssa White in Support of the Motion of Customers Bank for Entry of an 
Order (I) Compelling Compliance With Court Approved Settlement Agreement and Order; (II) 
Requiring Additional Adequate Protection In Favor of Customers Bank; and (III) Granting 
Related Relief (the “White Declaration”).  In support of this Motion to Seal, Customers Bank 
respectfully represents as follows: 
 
1 The Debtors in these chapter 11 cases, along with the last four digits of each Debtor’s federal tax 
identification number, as applicable are: Kabbage, Inc. d/b/a KServicing (3937); Kabbage Canada 
Holdings, LLC (N/A); Kabbage Asset Securitization LLC (N/A); Kabbage Asset Funding 2017-A LLC 
(4803); Kabbage Asset Funding 2019-A LLC (8973); and Kabbage Diameter, LLC (N/A). Kabbage is a 
trademark of American Express used under license; Kabbage, Inc. d/b/a KServicing is not affiliated with 
American Express. The Debtors’ mailing and service address is 925B Peachtree Street NE, Suite 383, 
Atlanta, GA 30309.   
Case 22-10951-CTG    Doc 338    Filed 12/07/22    Page 1 of 4

 
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JURISDICTION 
1. 
This Court has jurisdiction to consider this Motion under 28 U.S.C. §§ 157 and 
1334.  This is a core proceeding under 28 U.S.C. §§ 1408 and 1409(a).  Customers Bank 
confirms its consent pursuant to Del. Bankr. L. R. 9013-1(f) to the entry of a final order by the 
Court in connection with this Motion to the extent that it is later determined that the Court, 
absent consent of the parties, cannot enter final orders or judgments in connection herewith 
consistent with Article III of the United States Constitution. 
2. 
The statutory predicates for the relief requested herein are Bankruptcy Code 
sections 107(b), Bankruptcy Rule 9018, and Local Rule 9018-1(b). 
RELIEF REQUESTED 
3. 
On December 7, 2022, Customers Bank filed the White Declaration.  Potions of 
Exhibit A and C contain sensitive, personally identifiable information.  Customers Bank files this 
Motion to Seal requesting that the Court grant it permission to file Exhibits A and C under seal. 
BASIS FOR RELIEF REQUESTED 
4. 
Section 107(b) of the Bankruptcy Code provides this Court with the authority to 
issue orders that will protect entities from potential harm that may result from the disclosure of 
certain information.  The section provides, in relevant part: 
(b) 
On request of a party in interest, the bankruptcy court shall, 
and on the bankruptcy court’s own motion, the bankruptcy 
court may –  
 
(1) 
protect an entity with respect to a trade secret or 
confidential research, development, or commercial 
information…. 
 
11 U.S.C. § 107(b).  Fed. R. Bankr. P. 9018 sets forth the procedures by which a party may move 
for relief under section 107(b), providing that “[o]n motion or on its own initiative, with or 
Case 22-10951-CTG    Doc 338    Filed 12/07/22    Page 2 of 4

 
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without notice, the court may make any order which justice requires (1) to protect the estate or 
any entity in respect of a trade secret or other confidential research, development, or commercial 
information….”  Del. Bankr. P. L. Rule 9018-1(b) additionally provides, in relevant part, that 
“[a]ny party who seeks to file documents under seal must file a motion to that effect.”. 
5. 
As set forth above, Exhibits A and C contain sensitive, information regarding the 
Debtors customers.  Accordingly, Customers Bank submits that cause exists to grant its request 
to seal and respectfully requests the entry of an order permitting it to file the Exhibits under seal. 
CONCLUSION 
WHEREFORE, Customers Bank respectfully requests the Court enter an Order 
substantially in the form attached hereto as Exhibit A granting Customers Bank authority to file 
Exhibit A and C of the White Declaration under seal and granting such other and further relief as 
the Court may deem just and proper. 
Date: December 7, 2022 
 
 
SULLIVAN • HAZELTINE • ALLINSON LLC 
Wilmington, Delaware 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 /s/ William A. Hazeltine 
 
 
 
William A. Hazeltine (No. 3294) 
919 North Market Street, Suite 420 
Wilmington, DE 19801 
Tel. (302) 428-8191 
Fax (302) 428-8195 
Email: whazeltine@sha-llc.com 
 
and 
Case 22-10951-CTG    Doc 338    Filed 12/07/22    Page 3 of 4

 
4
 
HOLLAND & KNIGHT LLP 
John J. Monaghan (admitted pro hac vice) 
Jeremy M. Sternberg (admitted pro hac vice) 
Lynne B. Xerras (pro hac vice forthcoming) 
10 St. James Avenue 
Boston, MA 02116 
Telephone: 617-523-2700 
Facsimile: 617-523-685 
john.monaghan@hklaw.com 
jeremy.sternberg@hkaw.com 
lynne.xerras@hklaw.com 
  
Counsel to Customers Bank 
 
Case 22-10951-CTG    Doc 338    Filed 12/07/22    Page 4 of 4

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