Kabbage - Rule 2004 Motion - FT Partners as Filed

Summary

Proposed Order (Exhibit A to Doc 576-2, four pages) on the Debtors' motion under Federal Rule of Bankruptcy Procedure 2004 for production of documents from Financial Technology Partners LP and FTP Securities LLC, filed February 24, 2023 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. The order would direct FT Partners to produce all non-privileged, responsive documents described in the Document Requests within seven days, at the offices of the Debtors' attorneys, Weil, Gotshal & Manges LLP in New York. It would preserve the Debtors' right to seek additional discovery, including examination of witnesses, and would be effective immediately upon entry.

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RLF1 28641161v.1
Exhibit A
Proposed Order
Case 22-10951-CTG    Doc 576-2    Filed 02/24/23    Page 1 of 4

RLF1 28641161v.1
IN THE 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)

:

Debtors.1
:
:
:
:
:
(Jointly Administered)

RE:  D.I.  __
------------------------------------------------------------ x

ORDER GRANTING MOTION OF DEBTORS PURSUANT TO FEDERAL RULE OF
BANKRUPTCY PROCEDURE 2004 FOR PRODUCTION OF DOCUMENTS FROM
FINANCIAL TECHNOLOGY PARTNERS LP AND FTP SECURITIES LLC

Upon the motion (the “Motion”)2 of the Debtors for entry of an order (this “Order”),
pursuant to Bankruptcy Rule 2004 and Local Rule 2004-1, directing FT Partners to produce the
requested documents identified on Exhibit B to the Motion (the “Document Requests”), as more
fully described in the Motion; and the Court having reviewed the Motion; and the Court having
determined that the relief requested in the Motion is in the best interests of the Debtors, their
estates, their creditors, and other parties in interest; 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 as of February 29, 2012; and this Court having found that it may enter a final order
consistent with Article III of the United States Constitution; and this Court having found that venue

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 them in the Motion.
Case 22-10951-CTG    Doc 576-2    Filed 02/24/23    Page 2 of 4

2

RLF1 28641161v.1
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 to the Notice Parties
and that no other or further notice is necessary; and upon the record herein and upon all of the
proceedings had before this Court; and after due deliberation thereon; and good and sufficient
cause appearing therefor, it is hereby
ORDERED, ADJUDGED, AND DECREED THAT:
1.
The Motion is GRANTED as set forth herein.
2.
FT Partners is hereby directed to produce for inspection and copying all non-
privileged, responsive documents, whether now in their possession, custody and control, or
subsequently obtained, as described in the Document Requests, and such documents must be
produced within seven days of the date hereof at the offices of the Debtors’ attorneys:  Weil,
Gotshal & Manges LLP, 767 Fifth Avenue, New York, New York 10153 (Attention: Theodore E.
Tsekerides, Esq. (theodore.tsekerides@weil.com)).
3.
This Order is without prejudice to the Debtors’ rights to seek additional discovery
from FT Partners or other parties, including, without limitation, requests based on any information
that may be revealed as a result of the document production and the examination of one or more
witnesses.
4.
Any Bankruptcy Rule that might otherwise delay the effectiveness of this Order is
hereby waived, and the terms and conditions of this Order are immediately effective and
enforceable upon its entry.
5.
The Debtors are authorized to take all actions necessary or appropriate to effectuate
the relief granted in this Order.
Case 22-10951-CTG    Doc 576-2    Filed 02/24/23    Page 3 of 4

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RLF1 28641161v.1
6.
This Court shall retain jurisdiction with respect to all matters arising from or related
to the implementation and/or interpretation of this Order.
Case 22-10951-CTG    Doc 576-2    Filed 02/24/23    Page 4 of 4

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