borrowers, incident reports and associated narratives, questionable activity reports, fraud flag
- Date
- 2023-03-06
Summary
Exhibit A, filed March 6, 2023 as Doc 608-2 in Case 22-10951-CTG, is a two-page list of document requests and deposition topics concerning Customers Bank borrowers serviced by the Debtor. Its eleven document requests seek loan files, servicing files, borrower communications, fraud reviews including KYC and KYB investigations and screening results, borrower payment records, SBA guaranty purchase submissions and forgiveness applications. Other requests cover loans affected by the SBA's "excess loan amount" hold, communications with the SBA on that issue, third party audit requirements, and plans for transitioning servicing from the Debtor to Customers Bank. The two deposition topics are the requested documents and the location, transfer status and transferability of the data needed to move loan servicing to Customers Bank.
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Full text
Case 22-10951-CTG Doc 608-2 Filed 03/06/23 Page 1 of 2
EXHIBIT A
I. Document Requests
1. All documents constituting the loan files of Customers Bank borrowers serviced by
the Debtor, including without limitation applications, tax forms, resolution to borrower forms,
notes, and supporting borrower documents.
2. All documents constituting the servicing file(s) for Customers Bank borrowers
serviced by the Debtor.
3. All documents evidencing communications between the Debtor and Customers Bank
borrowers, including without limitation emails and recorded calls and billing and payment
information for loans with a remaining balance.
4. All documents evidencing fraud reviews performed by the Debtor with respect to
Customers Bank borrowers, including without limitation Know Your Customer (“KYC”) and/or
Know Your Business (“KYB”) investigations made by the Debtor regarding Customers Bank
borrowers, incident reports and associated narratives, questionable activity reports, fraud flag
categories and flag explanations, and results of screening procedures (such as Threatmetrix,
Lexis/Nexis, Experian, GIAC).
5. All documents evidencing borrower payments, including without limitation ACH
detail for payments.
6. All documents evidencing SBA guaranty purchase submissions and underlying
eligibility documents and transcript assignment forms.
Case 22-10951-CTG Doc 608-2 Filed 03/06/23 Page 2 of 2
7. All documents regarding forgiveness applications submitted to the SBA for Customers
Bank borrowers, including without limitation the data extract from the Biz2Credit platform.
8. All documents evidencing which Customers Bank loans are impacted by the SBA’s
“excess loan amount” hold, including without limitation reports with loan level detail on actions
taken by Kabbage on the “excess loan amount issue.”
9. All documents evidencing communications with the SBA regarding processing
forgiveness and/or guaranty on loans with an “excess loan amount” issue, including without
limitation any SBA requirements for processing forgiveness and guaranty on the “excess loan”
population.
10. All documents evidencing third party audit and governance requirements and
communications with respect to the Debtor’s servicing of the Customers Bank loans.
11. All plans, timelines, or statements of work regarding the transition of servicing from
the Debtor to Customers Bank.
II. Deposition Topics
1. The documents requested above.
2. The location, transfer status, technical specifications, and transferability of the data:
(a) necessary to transfer the loan servicing to Customers Bank; and (b) requested by Customers
Bank from the Debtor to effect the transfer of loan servicing to Customers Bank.
2
File and source
- File
- gov.uscourts.deb.188293.608.2.pdf
- Size
- 114,061 bytes
- SHA-256
- 32d0041be3c0b3098da4ff7ba180b99f7fb72408bc69c5b3f8e773d8b20de17f
- Original
- archive.org