Order — 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. 387 · 2022-12-29 · Docket on CourtListener

Summary

An order entered December 29, 2022 by U.S. Bankruptcy Judge Craig T. Goldblatt in the jointly administered Chapter 11 cases of Kabbage, Inc. d/b/a KServicing, et al., Case No. 22-10951 (CTG), in the U.S. Bankruptcy Court for the District of Delaware. The order grants the motion of Customers Bank, related to Docket No. 338, for authorization to seal Exhibits A and C to the White Declaration. That declaration supports Customers Bank's motion to compel compliance with a court-approved settlement agreement and order, require additional adequate protection in its favor and grant related relief. The order permits filing the exhibits under seal under Federal Rule 9018 and Local Rule 9018-1(b) and directs Customers Bank to file and serve redacted versions of Exhibits A and C. It is Doc. 387 and runs two 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. 
) 
) 
) 
) 
) 
) 
) 
Chapter 11 
 
Case No. 22-10951 (CTG)  
 
(Jointly Administered) 
 
Related Docket No. 338 
 
ORDER APPROVING MOTION OF CUSTOMERS BANK FOR AUTHORIZATION TO 
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 
 
 
Upon consideration of the Motion of Customers Bank for Authorization to Seal Exhibits A 
and C to the Declaration of Alyssa White 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 “Motion to Seal”); and the Court having reviewed all pleadings related thereto; and the Court 
having determined that there exists just cause for the relief granted therein; 
 
IT IS HEREBY ORDERED THAT: 
1. 
The Motion to Seal is GRANTED; and 
 
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 387    Filed 12/29/22    Page 1 of 2

2 
 
2. 
Customers Bank is hereby granted permission to file Exhibits A and C to the White 
Declaration2 under seal pursuant to Federal Rule 9018 and Local Rule 9018-1(b). Customers Bank 
shall file redacted versions of Exhibits A and C with the Court and serve redacted Exhibits A and 
C on the persons that received service of the White Declaration. 
 
 
2 Capitalized terms not defined herein shall have the meanings ascribed to them in the Motion to 
Seal. 
 
Dated: December 29th, 2022 
Wilmington, Delaware
CRAIG T. GOLDBLATT 
UNITED STATES BANKRUPTCY JUDGE
Case 22-10951-CTG    Doc 387    Filed 12/29/22    Page 2 of 2

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