Customers Bank Exhibit List for January 6, 2023 Hearing — In re KServicing (Bankr. D. Del.)

Record facts

U.S. Bankruptcy Court for the District of Delaware · No. 22-10951 · Doc. 410 · 2023-01-05 · Docket on CourtListener

Full text

IN THE UNITED STATES BANKRUPTCY COURT  
FOR THE DISTRICT OF DELAWARE 
In Re: 
KABBAGE, INC., d/b/a KSERVICING, et 
al., 
Debtors. 
Chapter 11 
Case No. 22-10951 (CTG) 
(Jointly Administered) 
Hearing Date:  January 6, 2023 at 10:00 a.m. 
CUSTOMERS BANK’S EXHIBIT LIST FOR JANUARY 6, 2023 HEARING 
In connection with both of the motions filed in this case on December 7, 2022,1 and set to 
be heard by the Court on January 6, 2023 (the “Hearing”), Customers Bank respectfully submits 
the Exhibit List below to be considered at the Hearing.  Customers Bank reserves the right to 
introduce at the Hearing documents that are part of the record of the above-captioned chapter 11 
cases, including pleadings and other documents filed on the docket, as well as to introduce any 
document, or to rebut the testimony of witnesses or evidence presented by any other part, or for 
impeachment.   
Exhibit List 
1. 
Synovus Account Statement in name of Kabbage, Inc. PPP Payments CUBI for 
month of October 2022; 
2. 
Emails involving Alyssa White of Customers Bank and Donna Evans and others 
from KServicing dated November 28, 2022 entitled October Remittance Report; 
3. 
November 4, 2022 email from Donna Evans of KServicing to Alyssa White and 
others entitled KServicing Update #5 (and attachment); 
 
1 Those motions are: (1) Motion of Customers Bank for an Order Compelling Compliance With Court Approved 
Settlement Agreement and Order and Requiring Additional Adequate Protection in Favor Of Customers Bank and 
Related Relief [Dkt No. 355]; and (2) Motion of Debtors for Entry of an Order Enforcing the Settlement Order and 
the Settlement Agreement Between KServicing and Customers Bank [Dkt No. 340].   
Case 22-10951-CTG    Doc 410    Filed 01/05/23    Page 1 of 3

 
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4. 
Settlement Reconciliation Summary detailing Settlement Payment of $20,499,683 
provided by Customers Bank to KServicing on or about November 15, 2022; 
5. 
November 4, 2022 emails involving Donna Evans of KServicing and Michele 
Vervlied and others at Customers Bank entitled KServicing Update #1; 
6. 
November 4, 2022 email from Donna Evans of KServicing to Alyssa White and 
others at Customers Bank entitled KServicing Update #3 (and attachments, Synovus account 
statements from November 2020 through October 2022); 
7. 
K Servicing Synovus borrower repayment account analysis 10/3/2022; 
8. 
November 4, 2022 email from Donna Evans of KServicing to Alyssa White and 
others at Customers Bank entitled KServicing Update #2;  
9. 
August 28, 2021 email from Daniel Eidson of KServicing to Michele Vervlied of 
Customers Bank entitled ACH cancelled; 
10. 
November 3, 2022 email from Jeremy Sternberg to Candace Arthur entitled 
CUBI/KS Reconciliation Efforts; 
11. 
November 9, 2022 emails between Candace Arthur and Jeremy Sternberg; 
12. 
November 14, 2022 email (and attachment) from Donna Evans of KServicing to 
Alyssa White and others at Customers Bank entitled KServicing Follow up: Updated cancelled 
loan analysis; 
13. 
Chain of emails between KServicing personnel and Customers Bank personnel 
regarding MV -- XXXXXXX302 -- Kabbage -- SBA Inquiry between October 12, 2022 and 
December 14, 2022; 
14. 
ACH Return Codes Glossary; 
15. 
CUBI Remittance Wire Summary 12/14/2022; 
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16. 
December 16, 2022 emails between Alyssa White of Customers Bank and Donna 
Evans of KServicing entitled November Remittance Report; and 
17. 
 Synovus Account Statement in name of Kabbage, Inc. PPP Payments CUBI for 
month of November 2022.   
Date: January 5, 2023 
 
 
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 
 
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 410    Filed 01/05/23    Page 3 of 3

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