In re Kabbage — Email Correspondence Between American Express and KServicing (Exhibit 5)
- Date
- 2023-03-15
Summary
Exhibit 5, filed March 15, 2023 as Doc 684-5 in In re Kabbage, Case 22-10951-CTG. The three-page exhibit reproduces an email chain dated January 31, 2023 and February 2, 2023 between a VP and senior M&A counsel at American Express and the deputy general counsel of KServicing. In the chain, the American Express counsel confirms that Amex is comfortable with KServicing partitioning the CRB loan files and other CRB loan data in an S3 container and making a copy for CRB. The American Express counsel asks for testing to confirm no non-CRB loan data is captured and for encryption at transmission level and at file or field level. The same counsel adds that Customers Bank data would be treated similarly but that any transfer of Kabbage direct loan data would need further discussion.
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Cite this document
“In re Kabbage — Email Correspondence Between American Express and KServicing (Exhibit 5).”
Original at archive.org, dated 2023-03-15. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2023-03-15-kservicing-bankruptcy-3c35e28f-1/
, SHA-256 3c35e28fc9dfdd5c4f2c6f48985dcf92334eccd192d75016e2051a4b3786517d.Full text
Case 22-10951-CTG Doc 684-5 Filed 03/15/23 Page 1 of 3
Exhibit 5
Case 22-10951-CTG Doc 684-5 Filed 03/15/23 Page 2 of 3
From: Regina Sorin <Regina.Sorin@aexp.com>
Sent: Thursday, February 2, 2023 11:48 AM
To: Sal Kafiti
Subject: RE: Quick question for you
Yes, please let me know. We’d think about Customers Bank data in the same way, but would want to discuss further any
transfer of Kabbage direct loan data, as that is technically owned by Amex.
REGINA SORIN | VP AND SENIOR M&A COUNSEL
GENERAL COUNSEL’S ORGANIZATION
AMERICAN EXPRESS
M: 440.554.3359 | E: regina.sorin@aexp.com
From: Sal Kafiti <skafiti@kservicecorp.com>
Sent: Thursday, February 2, 2023 11:32 AM
To: Regina Sorin <Regina.Sorin@aexp.com>
Subject: [External] Re: Quick question for you
Thank you, Regina. I will confirm the encryption point you note below. The testing for data accuracy is already part of
the workflow plan.
I really appreciate the quick response. If this same S3 solution is of interest to Customers Bank or other potential
successor servicers, I will let you know.
Many Thanks,
Sal
Salim Kafiti
Deputy General Counsel
Email: skafiti@kservicecorp.com
Pronouns: He/Him/His
www.kservicing.com [kabbage.com]
From: Regina Sorin <Regina.Sorin@aexp.com>
Date: Thursday, February 2, 2023 at 11:21 AM
To: skafiti@kservicecorp.com <skafiti@kservicecorp.com>
Subject: RE: Quick question for you
Hi Sal,
I’m confirming that Amex is comfortable with K Servicing partitioning the CRB loan files and other CRB loan data in the
S3 container and making a copy for CRB, as we discussed. We would just ask that you all perform sufficient testing to
1
Case 22-10951-CTG Doc 684-5 Filed 03/15/23 Page 3 of 3
confirm that the query you run doesn’t inadvertently capture any non‐CRB loan data in the container, and that you
ensure that the data transmission was encrypted at two levels – at transmission level and at file or field level.
Best,
Regina
REGINA SORIN | VP AND SENIOR M&A COUNSEL
GENERAL COUNSEL’S ORGANIZATION
AMERICAN EXPRESS
M: 440.554.3359 | E: regina.sorin@aexp.com
From: Sal Kafiti <skafiti@kservicecorp.com>
Sent: Tuesday, January 31, 2023 3:01 PM
To: Regina Sorin <Regina.Sorin@aexp.com>
Subject: [External] Quick question for you
Regina – let me know if you have a few minutes to connect. I have a quick question about data that I don’t think
necessarily has to go through Weil and Sullivan.
Notice of Confidentiality: This message and any attachments are solely for the intended recipient and may contain confidential or
privileged information. If you are not the intended recipient, any disclosure, copying, use, or distribution of the information included
in this message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e-mail
and immediately and permanently delete this message and any attachments. Thank you.
American Express made the following annotations
"This message and any attachments are solely for the intended recipient and may contain confidential or privileged
information. If you are not the intended recipient, any disclosure, copying, use, or distribution of the information
included in this message and any attachments is prohibited. If you have received this communication in error, please
notify us by reply e‐mail and immediately and permanently delete this message and any attachments. Thank you."
American Express a ajouté le commentaire suivant
Ce courrier et toute pièce jointe qu'il contient sont réservés au seul destinataire indiqué et peuvent contenir des
renseignements confidentiels et privilégiés. Si vous n'êtes pas le destinataire prévu, toute divulgation, duplication,
utilisation ou distribution du courrier ou de toute pièce jointe est interdite. Si vous avez reçu cette communication par
erreur, veuillez nous en aviser par courrier et détruire immédiatement le courrier et les pièces jointes. Merci.
Notice of Confidentiality: This message and any attachments are solely for the intended recipient and may contain confidential or
privileged information. If you are not the intended recipient, any disclosure, copying, use, or distribution of the information included
in this message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e-mail
and immediately and permanently delete this message and any attachments. Thank you.
2
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