Notice of Customers Bank Rule 2004 Examination Motion — In re Kabbage (KServicing)

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Notice of Motion filed March 6, 2023 as Doc 608-1 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, Chapter 11, jointly administered. It gives notice that on March 6, 2023 Customers Bank filed a motion under Bankruptcy Rule 2004 for an order directing production of documents and materials and appearance for oral examination. Objections are due March 13, 2023 at 4:00 p.m., with a hearing set for March 20, 2023 at 10:00 a.m. before the Honorable Craig T. Goldblatt. The two-page notice is signed by counsel at Sullivan Hazeltine Allinson LLC and Holland & Knight LLP.

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IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE

In re:

KABBAGE, INC. d/b/a KSERVICING, et al.,1

Debtors.
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Chapter 11

Case No. 22-10951 (CTG)

(Jointly Administered)

Hearing Date:  March 20, 2023 at 10:00 a.m.
Obj. Deadline:  March 13, 2023 at 4:00 p.m.

NOTICE OF MOTION

PLEASE TAKE NOTICE that, on March 6, 2023, Customers Bank (the “Movant”), filed
its Motion for an Order Pursuant to Bankruptcy Rule 2004 Directing Production of Documents
and Materials and Appearance for Oral Examination (the “Motion”) with the United States
Bankruptcy Court for the District of Delaware (the “Bankruptcy Court”).
PLEASE TAKE FURTHER NOTICE that objections or responses to the Motion, if any,
must be made in writing, filed with the Bankruptcy Court, and served so as to actually be received
by the undersigned attorneys for the Movant on or before March 13, 2023 at 4:00 p.m. (the
“Objection Deadline”).
PLEASE TAKE FURTHER NOTICE that a hearing with respect to the Motion, if
required, is scheduled before the Honorable Craig T. Goldblatt at the Bankruptcy Court, 824 North
Market Street, Third Floor, Courtroom #7, Wilmington, Delaware 19081 on March 20, 2023 at
10:00 a.m.

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 608-1    Filed 03/06/23    Page 1 of 2

2

PLEASE TAKE FURTHER NOTICE THAT IF NO OBJECTION TO THE
MOTION IS TIMELY FILED BY THE OBJECTION DEADLINE IN ACCORDANCE
WITH THIS NOTICE, THE BANKRUPTCY COURT MAY GRANT THE RELIEF
REQUESTED IN THE MOTION WITHOUT FURTHER NOTICE OR HEARING.

Date: March 6, 2023

SULLIVAN • HAZELTINE • ALLINSON LLC
Wilmington, Delaware

 /s/ William A. Hazeltine

William A. Hazeltine (No. 3294)
919 North Market Street, Suite 420
Wilmington, DE 19801
Tel. (302) 428-8191
Fax (302) 428-8195
Email: whazeltine@sha-llc.com

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

Case 22-10951-CTG    Doc 608-1    Filed 03/06/23    Page 2 of 2

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