Proposed Order Granting Motion to Seal — In re Kabbage

Summary

Proposed Order Approving Motion of Customers Bank for Authorization to Seal Exhibits A and C to the Declaration of Alyssa White, Exhibit A to Doc 338-2, filed December 7, 2022 in In re Kabbage, Inc. d/b/a KServicing, et al., Case No. 22-10951 (CTG), U.S. Bankruptcy Court for the District of Delaware, Chapter 11, jointly administered. The declaration supports Customers Bank's separate motion to compel compliance with the court-approved settlement agreement and order and to require additional adequate protection. The three-page proposed order would grant the motion to seal and permit the bank to file the two exhibits under seal under Federal Rule 9018 and Local Rule 9018-1(b). The signature line for Judge Craig T. Goldblatt and the date are blank.

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EXHIBIT A

[Proposed Order Granting Motion to Seal]
Case 22-10951-CTG    Doc 338-2    Filed 12/07/22    Page 1 of 3

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. ___

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 338-2    Filed 12/07/22    Page 2 of 3

2

2.
Customer 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).

Dated: _________, 2022

The Honorable Craig T. Goldblatt

United States Bankruptcy Judge

2 Capitalized terms not defined herein shall have the meanings ascribed to them in the Motion to
Seal.
Case 22-10951-CTG    Doc 338-2    Filed 12/07/22    Page 3 of 3

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