Motion to File Under Seal (Opposition) - Ex. A (Final)

Summary

Exhibit A, a Proposed Order Granting Motion to Seal, Doc 359-2 filed December 21, 2022 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. The form is titled Order Approving Motion of Customer Bank for Authorization to File Under Seal Exhibits 3, 3(a), 6, 8, and 9 to the Declaration of Alyssa White in Support of Opposition of Customer's Bank to Debtor's Motion for an Order Enforcing the Settlement Order and Settlement Agreement Between KServicing and Customers Bank. It would grant the Motion to Seal and permit those exhibits to the Second White Declaration to be filed under seal under Federal Rule 9018 and Local Rule 9018-1(b). The date and signature lines for the Honorable Craig T. Goldblatt are blank.

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EXHIBIT A

[Proposed Order Granting Motion to Seal]
Case 22-10951-CTG    Doc 359-2    Filed 12/21/22    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.
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Chapter 11

Case No. 22-10951 (CTG)

(Jointly Administered)

Related Docket No. ___

ORDER APPROVING MOTION OF CUSTOMER BANK FOR AUTHORIZATION
TO FILE UNDER SEAL EXHIBITS 3, 3(a) 6, 8, AND 9 TO THE DECLARATION
OF ALYSSA WHITE IN SUPPORT OF OPPOSITION OF CUSTOMER’S BANK
TO DEBTOR’S MOTION FOR AN ORDER ENFORCING THE SETTLEMENT
ORDER AND SETTLEMENT AGREEMENT BETWEEN
KSERVICING AND CUSTOMERS BANK

Upon consideration of the Motion of Customers Bank for Authorization to Seal Exhibits
3, 3(a), 6, 8, and 9 to the Declaration of Alyssa White in Support of Opposition of Customer’s
Bank to Debtor’s Motion for an Order Enforcing the Settlement Order and Settlement Agreement
Between KServicing and Customers Bank (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 359-2    Filed 12/21/22    Page 2 of 3

2

2.
Customer Bank is hereby granted permission to file Exhibits 3, 3a, 6, 8, and 9 to
the Second 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 359-2    Filed 12/21/22    Page 3 of 3

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