EXHIBIT B
- Date
- 2023-03-06
Summary
Doc 608-3, Exhibit B, filed March 6, 2023 in In re Kabbage, Inc. d/b/a KServicing, et al., Case No. 22-10951 (CTG), in the U.S. Bankruptcy Court for the District of Delaware. It is the declaration of Jeremy Sternberg of Holland & Knight LLP, counsel for Customers Bank, supporting Customers Bank's motion under Federal Rule of Bankruptcy Procedure 2004 for production of documents and testimony from the debtors. The declaration attaches Exhibit 1, a January 18, 2023 letter to debtors' counsel stating that servicing information requested under the settlement agreement had not been received, Exhibit 2, a January 26, 2023 email with a PPP loan servicing transition plan and draft borrower letter, and Exhibit 3, draft transition FAQs. Exhibit 4 is a January 31, 2023 email exchange in which debtors' counsel proposes a later start for the plan.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Full text
Case 22-10951-CTG Doc 608-3 Filed 03/06/23 Page 1 of 23
EXHIBIT B
Case 22-10951-CTG Doc 608-3 Filed 03/06/23 Page 2 of 23
UNITED STATES BANKRUPTCY COURT
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)
:
:
-------------------------------------------------------------- x
DECLARATION OF JEREMY STERNBERG IN
SUPPORT OF MOTION OF CUSTOMERS BANK PURSUANT TO FEDERAL
RULE OF BANKRUPTCY PROCEDURE 2004 FOR PRODUCTION OF
DOCUMENTS AND TESTIMONY FROM DEBTORS
Pursuant to 28 U.S.C. § 1746, I, Jeremy Sternberg, hereby declare under penalty of perjury as
follows:
1. I am a partner at Holland & Knight LLP and counsel for Customers Bank in the
above captioned cases. I am admitted pro hac vice to the Court for these cases. I submit this
declaration on behalf of Customers Bank in support of the Motion of Customers Bank Pursuant
to Federal Rule of Bankruptcy Procedure 2004 for Production of Documents and Testimony
from Debtors (the “Motion”). 2
2. Attached hereto as Exhibit 1 is a true and correct copy of a January 18, 2023 letter
from me to Debtors' counsel.
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).
2
All capitalized terms used but not otherwise defined herein shall have the meaning ascribed to them in the Motion.
Case 22-10951-CTG Doc 608-3 Filed 03/06/23 Page 3 of 23
3. Attached hereto as Exhibit 2 is a true and accurate copy of a January 26, 2023
email communication to the Debtor’s counsel including a transition plan and a draft borrower
letter.
4. Attached hereto as Exhibit 3 is a true and accurate copy of a draft set of transition
FAQs provided by me to the Debtor’s counsel on January 27, 2023.
5. Attached hereto as Exhibit 4 is a true and accurate copy of a January 31, 2023
email exchange between me and the Debtor’s counsel.
6. Attached hereto as Exhibit 5 is a true and accurate copy of a February 22, 2023
email from me to Debtor’s counsel.
Pursuant to 28 U.S.C. § 1746, I declare under penalty of perjury that the foregoing is true and
correct.
Dated: March 6, 2023
Boston, Massachusetts
/s/Jeremy Sternberg____________
Jeremy Sternberg
2
#192412143_v2
Case 22-10951-CTG Doc 608-3 Filed 03/06/23 Page 4 of 23
Exhibit 1
Case 22-10951-CTG Doc 608-3 Filed 03/06/23 Page 5 of 23
10 St. James Avenue | Boston, MA 02116 | T 617.523.2700 | F 617.523.6850
Holland & Knight LLP | www.hklaw.com
Jeremy M. Sternberg
+1 617-854-1476
Jeremy.Sternberg@hklaw.com
January 18, 2023
Via E-mail
Candace Arthur
Chase Bentley
Richard Slack
Theodore Tsekerides
Weil, Gotshal & Manges LLP
767 Fifth Avenue
New York, NY 10153-0119
Re: Kabbage, Inc./Customers Bank
Dear Counsel:
Pursuant to the Court’s Order dated November 9, 2022 entering the Settlement
Agreement between the Parties, Kabbage has certain servicing obligations to Customers
Bank. In an effort to obtain the servicing information it needs and to which it is entitled to by the
terms of the Settlement Agreement, on October 24, 2022, Customers Bank made a request in
writing (to Donna Evans and Chioma Ajagba) for the following information:
1. ACH and payment information for all loans with a remaining balance (positive and
negative), including:
• ACH Fields needed
o Bank Account Holder Name
o Drafting Bank
o Routing Number
o Bank Account Number
o Payment Amount
• Draft Amount
o Payment Frequency
o Account Type: Checking/Savings
o Draft Date
Atlanta | Austin | Boston | Century City | Charlotte | Chicago | Dallas | Denver | Fort Lauderdale | Fort Worth
Houston | Jacksonville | Los Angeles | Miami | New York | Orange County | Orlando | Philadelphia
Portland | Richmond | San Francisco | Stamford | Tallahassee | Tampa | Tysons
Washington, D.C. | West Palm Beach
Algiers | Bogotá | London | Mexico City | Monterrey
Case 22-10951-CTG Doc 608-3 Filed 03/06/23 Page 6 of 23
Candace Arthur
Chase Bentley
Richard Slack
Theodore Tsekerides
January 18, 2023
Page 2
2. Fraud information – all documentation and data collected associated with loans with
an outstanding balance that have a suspected or confirmed fraud indicator (per the
CB Portfolio report and/or SBA Hold Code 50/51)
3. Extract of all data in the Biz2Credit platform for all borrower forgiveness
applications (for all loans submitted to lender and in process with the SBA)
To date, Customers Bank has not received any of this vital information. Please advise
whether Kabbage will provide this information voluntarily on or before January 20, 2023, which
is nearly a full three months after the written request.
Very truly yours,
HOLLAND & KNIGHT LLP
/s/Jeremy M.. Sternberg
Jeremy M. Sternberg
cc: John Monaghan
#183566291_v1
Case 22-10951-CTG Doc 608-3 Filed 03/06/23 Page 7 of 23
Exhibit 2
Case 22-10951-CTG Doc 608-3 Filed 03/06/23 Page 8 of 23
Ruprecht, Sarah (BOS - X75838)
From: Sternberg, Jeremy M (BOS - X71476)
Sent: Thursday, January 26, 2023 8:57 PM
To: Arthur, Candace M.
Cc: Slack, Richard; Bentley, Chase; Hwangpo, Natasha; Tsekerides, Theodore; Monaghan, John (BOS -
X75834)
Subject: RE: Kabbage/Customers Bank
Attachments: Draft Borrower Letter 1.26.23.pdf
Dear All,
Good talking to you today. In furtherance of the orderly transition we discussed, below is the current iteration of CB’s
transition plan (I will forward the referenced attachments once I receive them, other than the draft borrower
communication which is attached as a pdf).
Please send along the AMEX information request that you mentioned on today’s call so that CB can evaluate and add
any necessary information.
We will circulate tomorrow morning some proposed times for a team call on Monday to discuss both the November
remittance issue and the servicing transition issues. In the meantime, John and I are also available for a call tomorrow
to discuss any of the service transition data or operations issues.
Regards,
Jeremy
**********
As of 2/1/23, KServicing to:
• Discontinue sending affirmative communications to borrowers - including billing and statements
• Respond to borrower inquires resulting from the borrower notice in line with the attached FAQs.
• Redirect borrowers with additional questions to ppp-servicing@customersbank or 1(800) 931-4480.
• Stop collecting borrower payments and forward payments received to:
Customers Bank - Loan Ops
40 General Warren Blvd Suite 200
Malvern, PA 19355
• Discontinue processing new Guaranty and Forgiveness applications
• Close the Synovus CUBI PPP bank account, submit any funds remaining in the account to Customers Bank with a
supporting bank reconciliation consistent with our normal servicing reports.
Continue:
• Processing and submission to the SBA forgiveness applications already received from borrowers (see
attachment to confirm population)
• Submission of returns due to the SBA outstanding as of 10/3/2022 as itemized in 11/4/22 excel spreadsheet
provided by KServicing.
• All service reporting, including February submission of the 1502 report for January, daily LSR, Supplemental and
Portfolio, and remittance report until in process loans are resolved or some agreed upon date.
• Work with CB operations to research and resolve data discrepancies.
• Weekly operations meeting through final transition of loans to Customers Bank.
Borrower Communication:
1
Case 22-10951-CTG Doc 608-3 Filed 03/06/23 Page 9 of 23
• Customers Bank will send a communications on 1/31/23 to borrowers (attached). Borrowers can be directed to
email Customers Bank at ppp-servicing@customersbank.com or 1(800) 931-4480.
• KServicing to respond to borrower inquiries on loans that are in process, other can be redirected to CB.
From: Sternberg, Jeremy M (BOS - X71476)
Sent: Wednesday, January 25, 2023 9:59 PM
To: Arthur, Candace M. <Candace.Arthur@weil.com>
Cc: Slack, Richard <richard.slack@weil.com>; Bentley, Chase <Chase.Bentley@weil.com>; Hwangpo, Natasha
<Natasha.Hwangpo@weil.com>; Tsekerides, Theodore <theodore.tsekerides@weil.com>; Monaghan, John (BOS -
X75834) <john.monaghan@hklaw.com>
Subject: Kabbage/Customers Bank
Candace,
John (primarily) and I have some bankruptcy proceeding related issues we wanted to discuss sooner than later with you
and your team. Let us know if you have a few minutes tomorrow, ideally, or Friday. Some of them are somewhat time
sensitive and could lend themselves to collaboration.
Regards,
Jeremy
Jeremy Sternberg | Holland & Knight
Partner
Holland & Knight LLP
10 St. James Avenue, 11th Floor | Boston, Massachusetts 02116
Phone 617.854.1476 | Fax 617.523.6850
jeremy.sternberg@hklaw.com | www.hklaw.com
2
Case 22-10951-CTG Doc 608-3 Filed 03/06/23 Page 10 of 23
DRAFT 1/26/23
1/31/23
SBA Loan #: xxxxxxx
We know the past year has brought many unknowns including your PPP loan status. As you may
recall, Customers Bank is the lender of your PPP loan. Customers Bank is assuming servicing of
your loan from Kabbage, Inc. d/b/a KServicing.
What you need to know
Kabbage, Inc. d/b/a KServicing filed for bankruptcy in October 2022. Customers Bank, as one of
the nation's top PPP lenders focused on small business lending, is assuming servicing of all of
our loans previously serviced by Kabbage, Inc. d/b/a KServicing, including your loan. We are
committed to providing a complete offering of financial services to our PPP customers, so that
you receive the service you need to keep advancing your business.
What to Expect
Our records indicate that you have a remaining balance on your loan. To ensure you don’t miss a
payment, all borrowers are required to confirm billing & contact information at this link.
If you haven’t already applied for forgiveness, or if your application is currently in process, we
will be sending you additional details and outlining remaining steps in a future communication.
Contact Us
Please feel free to contact us at any point should you have any questions regarding your account
or status.
Customers Bank Care Center
Hours: Monday - Friday 8:00 a.m. – 8 p.m. (EST)
Tel: 855-123-1234
E-mail: ppp-servicing@customersbank.com
We look forward to working with you as we continue to service your account.
Best,
Customers Bank
Case 22-10951-CTG Doc 608-3 Filed 03/06/23 Page 11 of 23
Exhibit 3
Case 22-10951-CTG Doc 608-3 Filed 03/06/23 Page 12 of 23
Kabbage, Inc. d/b/a KServicing Transition FAQ’s
Updated: 1/24/23
Not for distribution
What happened to Kabbage, Inc. d/b/a KServicing?
• Kabbage, Inc. was bought by American Express. d/b/a KServicing was created to continue
servicing responsibilities for the PPP loan portfolio.
What is the difference between Kabbage, Inc. and d/b/a KServicing?
• They are the same.
Who is Customers Bank and who authorized you now to service my loan?
• Customers Bank has always been the lender of your PPP loan. Your Note and any outstanding
debt for your PPP loan is with Customers Bank. Kabbage, Inc. d/b/a KServicing was servicing
your loan on behalf of Customers Bank. We are now assuming the servicing function of your
loan.
Why hasn’t Kabbage, Inc. d/b/a KServicing informed me?
• As your lender, we have informed all borrowers of this transition. We are working with K/Servicing
throughout this transition to minimize any borrower impact.
Who is protecting my personal loan information that now resides with both you
and Kabbage, Inc. d/b/a KServicing?
• For more details about our privacy policies and how we collect, protect, and use information,
please visit <insert address>.
(For those borrowers already making loan payments) Will my ACH information
automatically be set up on your end so my monthly payments can be made
automatically? Or do I need to do anything?
• Since your payment now needs to be made through Customers Bank, we do need you to
authorize and provide that information. You can go to <insert address> to provide updated
information.
How do I contact you when I have any loan-related questions?
• Borrowers can contact ppp-servicing@customersbank.com or call 1 (800) 931-4480 Monday –
Friday 8:00 AM – 8:00 PM Eastern Standard time.
1
Case 22-10951-CTG Doc 608-3 Filed 03/06/23 Page 13 of 23
Kabbage, Inc. d/b/a KServicing Transition FAQ’s
Updated: 1/24/23
Since I have already been making PPP loan payments, how can I be sure that my
prior payment information is correct?
• Ensuring the accuracy of your payment information is very important to us. As we receive this
data from Kabbage, Inc. d/b/a KServicing, we will thoroughly reconcile it to payments you have
already made. If you have any questions, please contact us once you get your billing statement.
When will I receive my first billing statement?
• We are working to transfer your loan information and set up your account on our system. You
will receive your first Customers Bank billing statement shortly after that has been completed.
More information will be provided as we finalize those dates.
Where can I send payment?
• To streamline your payment process and ensure your payment is applied on time, we encourage
you to go to <insert address> to provide your most up to date ACH information. If you prefer to
mail in a check, that payment can be mailed to:
CUSTOMERS BANK – LOAN OPS
40 General Warren Blvd., STE 200
Malvern, PA 19355-1251
If I still have loan forgiveness questions including how to apply, who should I
contact about it?
• We are in the process of setting your loan up to handle forgiveness. Information will be sent out
shortly with instructions on how to process your application. If you’ve already applied, we will
provide updates on the status of your application.
I already submitted a forgiveness application, what is happening with that?
• We are working with K/Servicing to complete processing of your application. We will contact
you if any additional information is needed from you regarding your application.
2
Case 22-10951-CTG Doc 608-3 Filed 03/06/23 Page 14 of 23
Exhibit 4
Case 22-10951-CTG Doc 608-3 Filed 03/06/23 Page 15 of 23
Ruprecht, Sarah (BOS - X75838)
From: Arthur, Candace M. <Candace.Arthur@weil.com>
Sent: Tuesday, January 31, 2023 5:56 PM
To: Sternberg, Jeremy M (BOS - X71476)
Subject: RE:
[External email]
Jeremy – apologies that it has taken the day to get feedback. The proposal was actually very well received and there
were a number of components the company liked and thought were necessary to for a clean transition. The benefits of
“pausing” were certainly among the appreciated factors. As I suspected though the turnaround was met with hesitation
and the challenges of doing something like this on short notice didn’t feel prudent. I think there is alignment on the key
points and for the concepts that the company is working through to avoid hiccups it could be a good idea for the right fin
ops people to talk and have a solution in place. I know it isn’t 2/1 that your clients hoped but would they be willing to
have the plan in place for 3/1 start?
Candace M. Arthur
Partner
Weil, Gotshal & Manges LLP
767 Fifth Avenue
New York, NY 10153
candace.arthur@weil.com
+1 212 310 8324 Direct
+1 212 310 8007 Fax
From: Sternberg, Jeremy M (BOS - X71476) <Jeremy.Sternberg@hklaw.com>
Sent: Tuesday, January 31, 2023 5:39 PM
To: Arthur, Candace M. <Candace.Arthur@weil.com>
Subject:
Candace,
Please let me know where we stand on the transition issues we discussed this morning.
Regards,
Jeremy
Jeremy Sternberg | Holland & Knight
Partner
Holland & Knight LLP
10 St. James Avenue, 11th Floor | Boston, Massachusetts 02116
Phone 617.854.1476 | Fax 617.523.6850
jeremy.sternberg@hklaw.com | www.hklaw.com
________________________________________________
Add to address book | View professional biography
NOTE: This e-mail is from a law firm, Holland & Knight LLP ("H&K"), and is intended solely for the use of the individual(s) to whom it is
1
Case 22-10951-CTG Doc 608-3 Filed 03/06/23 Page 16 of 23
addressed. If you believe you received this e-mail in error, please notify the sender immediately, delete the e-mail from your computer and
do not copy or disclose it to anyone else. If you are not an existing client of H&K, do not construe anything in this e-mail to make you a client
unless it contains a specific statement to that effect and do not disclose anything to H&K in reply that you expect it to hold in confidence. If
you properly received this e-mail as a client, co-counsel or retained expert of H&K, you should maintain its contents in confidence in order to
preserve the attorney-client or work product privilege that may be available to protect confidentiality.
The information contained in this email message is intended only for use of the individual or entity named above. If the
reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended
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prohibited. If you have received this communication in error, please immediately notify us by email, postmaster@weil.com,
and destroy the original message. Thank you.
2
Case 22-10951-CTG Doc 608-3 Filed 03/06/23 Page 17 of 23
Exhibit 5
Case 22-10951-CTG Doc 608-3 Filed 03/06/23 Page 18 of 23
Ruprecht, Sarah (BOS - X75838)
From: Sternberg, Jeremy M (BOS - X71476)
Sent: Wednesday, February 22, 2023 4:01 PM
To: Arthur, Candace M.; Monaghan, John (BOS - X75834)
Cc: Slack, Richard; Schrock, Ray; Tsekerides, Theodore; Bonk, Cameron; Hwangpo, Natasha
Subject: RE: KServicing-/Customers Bank- Correspondence
Candace and team,
It is now a week until March 1 and Kabbage has not shared any of the information needed to effect the limited cutover
that we have discussed on March 1 (stopping borrower collections and new forgiveness applications), let alone the
information required for a full transition some time later despite the many requests for information and invitations to
meet by Customers Bank.
Much time has passed since our last joint meeting on the transition issues (at which time we discussed among other
things the attached set of narrowed requests), and our subsequent requests for detail about borrower communications,
connection between the IT teams on the cloud based loan files, comments on the draft borrower communication and
FAQs, and more have not resulted in any meaningful responses.
John and I will call you later to conference our motion for a 2004 examination and associated documents relative to
servicing transition issues. We intend to file the motion in the next few days absent some tangible solution achieved by
conferencing the matter.
Regards,
Jeremy
Jeremy Sternberg | Holland & Knight
Partner
Holland & Knight LLP
10 St. James Avenue, 11th Floor | Boston, Massachusetts 02116
Phone 617.854.1476 | Fax 617.523.6850
jeremy.sternberg@hklaw.com | www.hklaw.com
From: Arthur, Candace M. <Candace.Arthur@weil.com>
Sent: Monday, February 20, 2023 6:20 PM
To: Sternberg, Jeremy M (BOS - X71476) <Jeremy.Sternberg@hklaw.com>; Monaghan, John (BOS - X75834)
<john.monaghan@hklaw.com>
Cc: Slack, Richard <richard.slack@weil.com>; Schrock, Ray <Ray.Schrock@weil.com>; Tsekerides, Theodore
<theodore.tsekerides@weil.com>; Bonk, Cameron <Cameron.Bonk@weil.com>; Hwangpo, Natasha
<Natasha.Hwangpo@weil.com>
Subject: RE: KServicing-/Customers Bank- Correspondence
[External email]
Jeremy
Slight clarification on the below (which doesn’t change the outcome), the borrowers are not utilizing an “auto-debit”
function but virtually all pay using the portal. With AmEx’s assistance the company can block the payment function on
the portal at the appropriate time.
1
Case 22-10951-CTG Doc 608-3 Filed 03/06/23 Page 19 of 23
Best
Candace
Candace M. Arthur
Partner
Weil, Gotshal & Manges LLP
767 Fifth Avenue
New York, NY 10153
candace.arthur@weil.com
+1 212 310 8324 Direct
+1 212 310 8007 Fax
From: Arthur, Candace M.
Sent: Monday, February 20, 2023 12:19 PM
To: 'Sternberg, Jeremy M (BOS - X71476)' <Jeremy.Sternberg@hklaw.com>; Monaghan, John (BOS - X75834)
<john.monaghan@hklaw.com>
Cc: Slack, Richard <richard.slack@weil.com>; Schrock, Ray <Ray.Schrock@weil.com>; Tsekerides, Theodore
<theodore.tsekerides@weil.com>; Bonk, Cameron <Cameron.Bonk@weil.com>; Hwangpo, Natasha
<Natasha.Hwangpo@weil.com>
Subject: RE: KServicing-/Customers Bank- Correspondence
Jeremy
The Company/Alix Partners have confirmed that over 90% of the ACH borrower payments are initiated by KS since those
borrowers have KS permission to auto-debit. As a result, in preparation for a transfer cutoff the Company would refrain
from sending Synovus the ACH batch instruction file prior to the designated date. For the nominal balance of borrower
initiated payments KS can instruct Synovus to block all-go-forward external deposits to be effective on the designated
cutoff date. Synovus should have a few weeks advance notice to make sure they are prepared/ready.
Best
Candace
Candace M. Arthur
Partner
Weil, Gotshal & Manges LLP
767 Fifth Avenue
New York, NY 10153
candace.arthur@weil.com
+1 212 310 8324 Direct
+1 212 310 8007 Fax
From: Sternberg, Jeremy M (BOS - X71476) <Jeremy.Sternberg@hklaw.com>
Sent: Monday, February 20, 2023 10:46 AM
To: Arthur, Candace M. <Candace.Arthur@weil.com>; Monaghan, John (BOS - X75834) <john.monaghan@hklaw.com>
Cc: Slack, Richard <richard.slack@weil.com>; Schrock, Ray <Ray.Schrock@weil.com>; Tsekerides, Theodore
<theodore.tsekerides@weil.com>; Bonk, Cameron <Cameron.Bonk@weil.com>; Hwangpo, Natasha
<Natasha.Hwangpo@weil.com>
Subject: RE: KServicing-/Customers Bank- Correspondence
2
Case 22-10951-CTG Doc 608-3 Filed 03/06/23 Page 20 of 23
Candace,
Hope you are enjoying the long weekend.
Any updates your team can provide on the Synovus and ACH information you conveyed below would be of great interest
to the Bank. If there is anything further the Bank can do to assist KS with the transition, please let us know.
Regards,
Jeremy
From: Arthur, Candace M. <Candace.Arthur@weil.com>
Sent: Friday, February 10, 2023 5:06 PM
To: Sternberg, Jeremy M (BOS - X71476) <Jeremy.Sternberg@hklaw.com>; Monaghan, John (BOS - X75834)
<john.monaghan@hklaw.com>
Cc: Slack, Richard <richard.slack@weil.com>; Schrock, Ray <Ray.Schrock@weil.com>; Tsekerides, Theodore
<theodore.tsekerides@weil.com>; Bonk, Cameron <Cameron.Bonk@weil.com>; Hwangpo, Natasha
<Natasha.Hwangpo@weil.com>
Subject: RE: KServicing-/Customers Bank- Correspondence
[External email]
Appreciate it.
You can convey to your client that AlixPartners has been tasked with obtaining options from Synovus as to what features
can be used on the account to minimize leakage and the issues Alyssa raised. We will get the landscape of options and
revert.
Second update – American Express gave direction yesterday evening as to where the ACH information Melissa requested
can be located. The Company is looking into this so hopefully that task will be completed sooner than later.
Candace M. Arthur
Partner
Weil, Gotshal & Manges LLP
767 Fifth Avenue
New York, NY 10153
candace.arthur@weil.com
+1 212 310 8324 Direct
+1 212 310 8007 Fax
From: Sternberg, Jeremy M (BOS - X71476) <Jeremy.Sternberg@hklaw.com>
Sent: Friday, February 10, 2023 4:49 PM
To: Arthur, Candace M. <Candace.Arthur@weil.com>; Slack, Richard <richard.slack@weil.com>; Schrock, Ray
<Ray.Schrock@weil.com>; Tsekerides, Theodore <theodore.tsekerides@weil.com>; Bonk, Cameron
<Cameron.Bonk@weil.com>; Hwangpo, Natasha <Natasha.Hwangpo@weil.com>
Cc: Monaghan, John (BOS - X75834) <john.monaghan@hklaw.com>
Subject: RE: KServicing-/Customers Bank- Correspondence
Let’s discuss at noon on Monday (with Alyssa White and others on our team) the settlement reconciliation issues you
want to talk about.
From: Arthur, Candace M. <Candace.Arthur@weil.com>
Sent: Wednesday, February 8, 2023 11:36 AM
3
Case 22-10951-CTG Doc 608-3 Filed 03/06/23 Page 21 of 23
To: Sternberg, Jeremy M (BOS - X71476) <Jeremy.Sternberg@hklaw.com>
Cc: Bonk, Cameron <Cameron.Bonk@weil.com>; Monaghan, John (BOS - X75834) <john.monaghan@hklaw.com>;
Tsekerides, Theodore <theodore.tsekerides@weil.com>; Slack, Richard <richard.slack@weil.com>; Hwangpo, Natasha
<Natasha.Hwangpo@weil.com>; Schrock, Ray <Ray.Schrock@weil.com>
Subject: RE: KServicing-/Customers Bank- Correspondence
[External email]
Thank you!
Candace M. Arthur
Partner
Weil, Gotshal & Manges LLP
767 Fifth Avenue
New York, NY 10153
candace.arthur@weil.com
+1 212 310 8324 Direct
+1 212 310 8007 Fax
From: Sternberg, Jeremy M (BOS - X71476) <Jeremy.Sternberg@hklaw.com>
Sent: Wednesday, February 8, 2023 11:35 AM
To: Arthur, Candace M. <Candace.Arthur@weil.com>
Cc: Bonk, Cameron <Cameron.Bonk@weil.com>; Monaghan, John (BOS - X75834) <john.monaghan@hklaw.com>;
Tsekerides, Theodore <theodore.tsekerides@weil.com>; Slack, Richard <richard.slack@weil.com>; Hwangpo, Natasha
<Natasha.Hwangpo@weil.com>; Schrock, Ray <Ray.Schrock@weil.com>
Subject: RE: KServicing-/Customers Bank- Correspondence
Candace,
We stand ready to meet and work through all the issues (transition, remittance, reconciliation). We are available to
meet on all of it between noon and 2 on Friday. Please let us know your team’s availability in that window.
Regards,
Jeremy
Jeremy Sternberg | Holland & Knight
Partner
Holland & Knight LLP
10 St. James Avenue, 11th Floor | Boston, Massachusetts 02116
Phone 617.854.1476 | Fax 617.523.6850
jeremy.sternberg@hklaw.com | www.hklaw.com
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From: Arthur, Candace M. <Candace.Arthur@weil.com>
Sent: Wednesday, February 8, 2023 6:08 AM
To: Sternberg, Jeremy M (BOS - X71476) <Jeremy.Sternberg@hklaw.com>
Cc: Bonk, Cameron <Cameron.Bonk@weil.com>; Monaghan, John (BOS - X75834) <john.monaghan@hklaw.com>;
Tsekerides, Theodore <theodore.tsekerides@weil.com>; Slack, Richard <richard.slack@weil.com>; Hwangpo, Natasha
<Natasha.Hwangpo@weil.com>; Schrock, Ray <Ray.Schrock@weil.com>
Subject: Re: KServicing-/Customers Bank- Correspondence
[External email]
4
Case 22-10951-CTG Doc 608-3 Filed 03/06/23 Page 22 of 23
Acknowledging receipt. Formal response will be provided; however, given your scheduling conflicts set forth, please let
us know of your client’s availability to meet this week. Based on the statements you made that the information is
already available to KServicing and your client is prepared to identify and walk through the pending issues it should be a
meeting we can quickly have and dispense of. Resolving this matter to conclusion and mitigating, if possible, the
continued related legal expenses is of utmost priority to the Debtors and other stakeholders. Please ensure it is a priority
for your client.
Candace M. Arthur
Weil, Gotshal & Manges LLP
767 Fifth Avenue
New York, NY 10153
candace.arthur@weil.com
+1 212 310 8324 Direct
+1 212 310 8007 Fax
On Feb 3, 2023, at 11:40 AM, Sternberg, Jeremy M (BOS - X71476) <Jeremy.Sternberg@hklaw.com>
wrote:
Please see attached correspondence.
Jeremy Sternberg | Holland & Knight
Partner
Holland & Knight LLP
10 St. James Avenue, 11th Floor | Boston, Massachusetts 02116
Phone 617.854.1476 | Fax 617.523.6850
jeremy.sternberg@hklaw.com | www.hklaw.com
From: Bonk, Cameron <Cameron.Bonk@weil.com>
Sent: Monday, January 30, 2023 12:05 PM
To: Sternberg, Jeremy M (BOS - X71476) <Jeremy.Sternberg@hklaw.com>; Monaghan, John (BOS -
X75834) <john.monaghan@hklaw.com>
Cc: Tsekerides, Theodore <theodore.tsekerides@weil.com>; Slack, Richard <richard.slack@weil.com>;
Arthur, Candace M. <Candace.Arthur@weil.com>; Hwangpo, Natasha <Natasha.Hwangpo@weil.com>;
Schrock, Ray <Ray.Schrock@weil.com>
Subject: KServicing-/Customers Bank- Correspondence
[External email]
Counsel:
Please see the attached correspondence.
Regards,
<image001.jpg>
Cameron Mae Bonk
5
Case 22-10951-CTG Doc 608-3 Filed 03/06/23 Page 23 of 23
(She/Her/Hers)
Weil, Gotshal & Manges LLP
767 Fifth Avenue
New York, NY 10153
Cameron.Bonk@weil.com
+1 212 310 8542 Direct
+1 212 310 8007 Fax
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<Customers-Kabbage - Letter to R Slack 02.03.2023.pdf>
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