Proposed Order
- Date
- 2023-03-28
Summary
A proposed order filed March 28, 2023 as Doc 731-1 (Exhibit 1) 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. It concerns the motion by Customers Bank under Bankruptcy Rule 2004 for production of documents and oral examination, Related Docket No. 608, and recites that the parties reached agreement. The proposed order would resolve the motion and direct the Debtors, for themselves and the Wind Down Estates, to complete the transfer to Customers Bank of files related to servicing the Customers Bank PPP Loans no later than April 17, 2023, as described in a Statement of Work provided on March 9, 2023. It would limit recourse for any alleged breach to specific performance and would retain the Court's jurisdiction. The document is three pages.
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Full text
Case 22-10951-CTG Doc 731-1 Filed 03/28/23 Page 1 of 3
EXHIBIT 1
Proposed Order
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Case 22-10951-CTG Doc 731-1 Filed 03/28/23 Page 2 of 3
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE
Chapter 11
In re:
Case No. 22-10951 (CTG)
KABBAGE, INC., d/b/a KSERVICING, et al., (Jointly Administered)
Debtors. Related Docket No. 608
ORDER REGARDING MOTION FOR AN ORDER PURSUANT TO
BANKRUPTCY RULE 2004 DIRECTING PRODUCTION OF DOCUMENTS
AND MATERIALS AND APPEARANCE FOR ORAL EXAMINATION
Upon consideration of the Motion For an Order Pursuant to Bankruptcy Rule 2004
Directing Production of Documents and Materials and Appearance for Oral Examination (the
“Motion”) filed by Customers Bank and any responses filed thereto; and the Court having
jurisdiction to consider the Motion and the relief requested therein in accordance with 28 U.S.C.
§§ 157 and 1334 and the Amended Standing Order of Reference, dated February 29, 2012; and
consideration of the Motion and the relief requested therein being a core proceeding pursuant to
28 U.S.C. § 157(b); and venue being proper before this Court pursuant to 28 U.S.C. §§ 1408 and
1409; and sufficient notice of the Motion having been provided under the circumstances and in
accordance with the Bankruptcy Rules and the Local Rules; and the parties having reached
agreement with respect to the relief sought in the Motion; and finding just cause for the relief
granted herein;
IT IS HEREBY ORDERED THAT:
1. The Motion is RESOLVED as set forth herein.
2. As promptly as possible, but in no event later than April 17, 2023, the Debtors, on
behalf of themselves and the Wind Down Estates (as defined in the Amended Plan [Docket No.
627]), shall complete the transfer to Customers Bank of the files related to the servicing obligations
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Case 22-10951-CTG Doc 731-1 Filed 03/28/23 Page 3 of 3
of the Customers Bank PPP Loans, which obligations shall be satisfied by the transfer to
Customers Bank of all relevant files as described in “Phase 1” and “Phase 2” of the Statement of
Work provided by the Debtors to Customers Bank on March 9, 2023, and in each case solely to
the extent such files are in the possession, custody, or control of the Debtors.
3. Notwithstanding the foregoing, with respect to actions, inactions, or delays of third
parties in connection with the transfer of such files by April 17, 2023, (1) such events shall not
result in the Debtors or the Wind Down Estates being considered in breach of the obligations set
forth in this Order, and (2) neither the Debtors nor the Wind Down Estates shall be required to
incur any out of pocket expenses outside of the ordinary course of business in connection with
such events. The sole recourse of any alleged breach of the obligations of the Debtors or the Wind
Down Estates set forth herein shall be expressly limited to specific performance.
4. This Court shall retain jurisdiction to interpret and enforce the terms of this Order.
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- gov.uscourts.deb.188293.731.1.pdf
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- Original
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