Exhibit List of Customers Bank for March 20, 2023 Hearing — In re Kabbage, Inc. (Bankr. D. Del.)
- Date
- 2023-03-20
Summary
The Exhibit List of Customers Bank for a March 20, 2023 hearing in In re Kabbage, Inc. d/b/a KServicing, et al., Case No. 22-10951 (CTG), a jointly administered Chapter 11 case in the U.S. Bankruptcy Court for the District of Delaware, filed March 16, 2023 as Doc 692. It relates to the debtors' motion for an order enforcing the settlement order and settlement agreement between KServicing and Customers Bank [D.I. 340]. The list names 14 exhibits, including a reconciliation summary of the settlement payment, emails dated from August 28, 2021 to November 14, 2022, a Synovus borrower repayment account analysis, a glossary of ACH return codes, a KGB settlement analysis and a trial balance. Customers Bank reserves the right to introduce other record documents. The list is signed by Sullivan Hazeltine Allinson LLC, with Holland & Knight LLP also listed as counsel to Customers Bank.
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Full text
Case 22-10951-CTG Doc 692 Filed 03/16/23 Page 1 of 3
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE
In re: ) Chapter 11
)
KABBAGE, INC. d/b/a KSERVICING, et al., 1 ) Case No. 22-10951 (CTG)
)
Debtors. ) (Jointly Administered)
EXHIBIT LIST OF CUSTOMERS BANK FOR
MARCH 20, 2023 HEARING AT 10:00 A.M.
In connection with the Motion of Debtors for Entry of an Order Enforcing the Settlement
Order and the Settlement Agreement Between KServicing and Customers Bank [D.I. 340] and set
to be heard by the Court on March 20, 2023 (the “Hearing”), Customers Bank respectfully submits
the Exhibit List below to be considered at the Hearing. Customers Bank reserves the right to
introduce at the Hearing documents that are part of the record of the above-captioned chapter 11
cases, including pleadings and other documents filed on the docket, as well as to introduce any
document, or to rebut the testimony of witnesses or evidence presented by any other part, or for
impeachment.
EXHIBITS:
No. Document Description
1 Reconciliation Summary provided by Customers Bank to KServicing representing
Customers Bank’s calculation of the Settlement Payment at the end of the
reconciliation period, or November 9, 2022
2 Email from Donna Evans, dated November 4, 2022 re: KServing Update # 1
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 692 Filed 03/16/23 Page 2 of 3
No. Document Description
3 Email from Donna Evans, dated November 4, 2022 re KServing Update # 3, includes
Synovus bank statements
4 K Servicing Synovus borrower repayment account analysis, dated October 3, 2022
5 Email from Donna Evans, dated November 4, 2022 re KServing Update # 2
6 Email from Michele L Vervlied, dated August 28, 2021 re: ACH cancelled
7 Email from Donna Evans, dated November 4, 2022 re KServing Update # 5
8 Email from Jeremy Sternberg, dated November 3, 2022 re CUBI/KS Reconciliation
Efforts
9 Email from Candace M. Arthur, November 9, 2022 re request for information
10 Email from Donna Evans, dated November 14, 2022 re KServicing Follow up:
Updated cancelled loan analysis
11 Email chain involving Customers Bank and KServicing re Kabbage – SBA inquiry
12 Glossary of ACH Return Codes
13 KGB Settlement Analysis
14 Email from Donna Evans dated November 9, 2022 attaching Trial Balance
Exhibits 1 through 12 are attached to the Notice of Filing Proposed Redacted Version of
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 [DI 370].
Dated: March 16, 2023 SULLIVAN · HAZELTINE · ALLINSON LLC
Wilmington, Delaware
/s/ William A. Hazeltine
William D. Sullivan (No. 2820)
William A. Hazeltine (No. 3294)
919 North Market Street, Suite 420
Wilmington, DE 19801
Tel: (302) 428-8191
Email: bsullivan@sha-llc.com
whazeltine@sha-llc.com
2
Case 22-10951-CTG Doc 692 Filed 03/16/23 Page 3 of 3
and
HOLLAND & KNIGHT LLP
John J. Monaghan (admitted pro hac vice)
Jeremy M. Sternberg (admitted pro hac vice)
Lynne B. Xerras (pro hac vice forthcoming)
10 St. James Avenue
Boston, MA 02116
Telephone: 617-523-2700
Facsimile: 617-523-685
john.monaghan@hklaw.com
jeremy.sternberg@hkaw.com
lynne.xerras@hklaw.com
Counsel to Customers Bank
3
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