Proposed Order (Exhibit A) — Kabbage, Inc. d/b/a KServicing, et al. (Case No. 22-10951 (CTG), Doc 351-2)

Date: 2022-12-09

Summary

Exhibit A to a debtors' motion, filed December 9, 2022 as Doc 351-2 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, is a proposed order authorizing the debtors to file under seal certain exhibits to the declarations in support of the motion to enforce. The proposed order cites sections 105(a) and 107 of the Bankruptcy Code, Bankruptcy Rule 9018 and Local Rule 9018-1. It would grant the motion and keep the Confidential Information under seal, with the unredacted declarations provided only to the Court, to CB on a confidential basis and, if requested, to the U.S. Trustee. The three-page document refers to Docket Nos. 340, 341, 342, 343 and 344.

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“Proposed Order (Exhibit A) — Kabbage, Inc. d/b/a KServicing, et al. (Case No. 22-10951 (CTG), Doc 351-2).” Original at archive.org, dated 2022-12-09. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2022-12-09-kservicing-bankruptcy/, SHA-256 02e45b218b00fc3ee1379e7e40ac0030e8e10b5ae4bea182742e6b52d2732f74.

Full text

Case 22-10951-CTG Doc 351-2 Filed 12/09/22 Page 1 of 3

EXHIBIT A

Proposed Order

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Case 22-10951-CTG Doc 351-2 Filed 12/09/22 Page 2 of 3

UNITED STATES BANKRUPTCY COURT FOR THE
DISTRICT OF DELAWARE

------------------------------------------------------------ x
In re : Chapter 11
:
KABBAGE, INC. d/b/a KSERVICING, et al., : Case No. 22-10951 (CTG)
:
: (Jointly Administered)
Debtors. 1 :
------------------------------------------------------------ x Re: Docket Nos. 340, 341, 342, 343, 344 & __

ORDER AUTHORIZING THE DEBTORS TO FILE UNDER SEAL CERTAIN
EXHIBITS TO THE DECLARATIONS IN SUPPORT OF THE MOTION TO ENFORCE

Upon the motion (the “Motion”) 2 of the Debtors for an order under sections 105(a) and

107 of the Bankruptcy Code, Bankruptcy Rule 9018, and Local Rule 9018-1, authorizing the

Debtors to file under seal the Confidential Information set forth in the certain Exhibits to the

Declarations, as more fully set forth in the Motion; and the Court having reviewed the Motion; and

the Court having jurisdiction to consider the Motion and the relief requested therein in accordance

with 28 U.S.C. §§ 157 and 1334 and the Amended Standing Order of Reference from the United

States District Court for the District of Delaware, dated February 29, 2012; and the Court having

found that this is a core proceeding pursuant to 28 U.S.C. § 157(b)(2) and that this Court may enter

an order consistent with Article III of the United States Constitution; and the Court having found

that venue of this proceeding and the Motion in this district is proper pursuant to 28 U.S.C. §§

1408 and 1409; and it appearing that proper and adequate notice of the Motion has been given 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.
2
Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to such terms in the
Motion.

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that no other or further notice is necessary; and upon the record herein; and after due deliberation

and sufficient cause appearing therefor,

IT IS HEREBY ORDERED THAT:

1. The Motion is GRANTED.

2. The Debtors are authorized to file the Confidential Information contained

in the Exhibits to the Declarations und seal.

3. The Confidential Information shall remain under seal, and shall not be made

available to anyone except that the unredacted Declarations shall be provided to the Court and, on

a confidential basis, to CB and, if requested, the U.S. Trustee. The unredacted Declarations shall

not be provided to any other party except upon further order from the Court.

4. The terms and conditions of this Order shall be immediately effective and

enforceable upon its entry.

5. The Debtors are authorized to take all actions necessary to effectuate the

relief granted in this Order in accordance with the Motion.

6. This Court shall retain jurisdiction to hear and determine all matters arising

from or related to the implementation, interpretation, or enforcement of this Order.

-2-
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