Exhibit A, Proof of Claim No. 254 — In re KServicing (Dkt. 924-1)

Notice — Exhibit A, Proof of Claim No. 254 — In re KServicing (Dkt. 924-1), dated 2023-07-25.

Full text

{01894091;v1}

EXHIBIT “A”
Case 22-10951-CTG    Doc 924-1    Filed 07/25/23    Page 1 of 98

  Debtor:
Filed On
Claim Number on court claims registry (if known)
Proof of Claim
  Case Number:
 From whom?
04/22
Official Form 410
Read the instructions before filling out this form.  This form is for making a claim for payment in a bankruptcy case.  Do not use this form to
make a request for payment of an administrative expense.  Make such a request according to 11 U.S.C.  § 503.
Filers must leave out or redact information that is entitled to privacy on this form or on any attached documents.  Attach redacted copies of any
documents that support the claim, such as promissory notes, purchase orders, invoices, itemized statements of running accounts, contracts, judgments,
mortgages, and security agreements.
A person who files a fraudulent claim could be fined up to $500,000, imprisoned for up to 5 years, or both.  18 U.S.C. §§ 152, 157, and 3571.
Do not send original documents; they may be destroyed after scanning.  If the documents are not available,
explain in an attachment.
Fill in all the information about the claim as of the date the case was filed.  That date is on the notice of bankruptcy (Form 309) that you received.
Part 1:
Identify the Claim
Name of the current creditor (the person or entity to be paid for this claim)
Other names the creditor used with the debtor
Who is the current creditor?
Has this claim been acquired
from someone else?
No
Yes
Where should notices and
payments to the creditor be
sent?
Federal Rule of
Bankruptcy Procedure
(FRBP) 2002(g)
4.
3.
1.
2.
Does this claim amend one
already filed?
No
Yes
Where should notices to the creditor be sent?
Where should payments to the creditor be sent? (if
different)
Name
Number
Street
City
State
ZIP Code
Contact Phone
Contact email
Contact Phone
Contact email
Uniform claim identifier for electronic payments in chapter 13 (if you use one)
MM / DD / YYYY
5. Do you know if anyone else
has filed a proof of claim for
this claim?
Who made the earlier filing?
No
Yes
Name
Number
Street
City
State
ZIP Code
Official Form 410
Proof of Claim
UNITED STATES BANKRUPTCY COURT DISTRICT OF DELAWARE
Kabbage, Inc. d/b/a KServicing
First-Citizens Bank & Trust Company
Direct Capital, CIT Bank, N.A.
Lisa.Rasmussen@firstcitizens.com
250
4/12/2023
X
X
X
FILED
Claim No. 254
July 17, 2023
By Omni Claims Agent
For U.S. Bankruptcy Court
District of Delaware
Read the instructions before filling out this form. This form is for making a claim for payment in a bankruptcy case. Do not use this form to make a
request for payment of an administrative expense. Make such a request according to 11 U.S.C. § 503.
Filers must leave out or redact information that is entitled to privacy on this form or on any attached documents. Attach redacted copies of any documents
that support the claim, such as promissory notes, purchase orders, invoices, itemized statements of running accounts, contracts, judgments, mortgages, and
security agreements. Do not send original documents; they may be destroyed after scanning. If the documents are not available, explain in an attachment.
A person who files a fraudulent claim could be fined up to $500,000, imprisoned for up to 5 years, or both. 18 U.S.C. §§ 152, 157, and 3571.
Fill in all the information about the claim as of the date the case was filed. That date is on the notice of bankruptcy (Form 309) that you received.
Carefully read instructions included with this Proof of Claim before completing.

Portsmouth, NH, 03801
155 Commerce Way
Attn: Lisa Rasmussen
603-373-1925
22-10951
Case 22-10951-CTG    Doc 924-1    Filed 07/25/23    Page 2 of 98

Nature of property:
Real Estate
Other
Motor Vehicle
Value of Property:
$
Amount of the claim that is unsecured:
$
$
Amount of the claim that is secured:
Describe:
Annual Interest Rate:
____________%
Basis for perfection:
$
Amount necessary to cure any default as of the date of the petition:
6. Do you have any number you
use to identify the debtor?
Give Information About the Claim as of the Date the Case Was Filed
Part 2:
Last 4 digits of the debtor's account or any number you use to identify the debtor:
No
Yes
7. How much is the claim?
Attach statement itemizing interest, fees, expenses, or other
charges required by Bankruptcy Rule 3001(c)(2)(A).
No
Yes
Does this amount include interest or other charges?
8. What is the basis of the
claim?
Examples: Goods sold, money loaned, lease, services performed, personal injury or wrongful death, or credit card.
Attach redacted copies of any documents supporting the claim required by Bankruptcy Rule 3001(c).
Limit disclosing information that is entitled to privacy, such as health care information
9. Is all or part of the claim
secured?
No
Yes
The claim is secured by a lien on property
If the claim is secured by the debtor's principal residence, file a
(Official Form 410-A) with this
Mortgage Proof of Claim
Attachment
Proof of Claim
Attach redacted copies of documents, if any, that show evidence of perfection of a security interest (for example,
a mortgage, lien, certificate of title, financing statement, or other document that shows the lien has been filed or
recorded.
$
(when case was filed)
10. Is this claim based on a
lease?
No
Yes
Amount necessary to cure any default as of the date of the petition.
11. Is this claim subject to a
right of setoff?
No
Yes
Identify the property:
(The sum of the secured and
unsecured amounts should match the
amount in line 7).
Fixed
Variable
$
12. Is this claim for the value
of goods received by the
debtor within 20 days
before the
commencement  date of
this case
(11 U.S.C. § 503(b)(9)).?
No
Yes
Amount of 503(b)(9) Claim: $
Official Form 410
Proof of Claim
$44,458.29
Master Lease Agreement - Lease rejection claim
$0.00
X
X
X
X
X
X
X
Case 22-10951-CTG    Doc 924-1    Filed 07/25/23    Page 3 of 98

Is all or part of the claim
entitled to priority under
11 U.S.C. § 507(a)?
13.
Check one:
No
Yes
Domestic support obligations (including alimony and child support) under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).
Part 3:
Up to $3,350* of deposits toward purchase, lease, or rental of property or services
for personal, family, or household use.  11 U.S.C. § 507(a)(7).
Wages, salaries, or commissions (up to $15,150*) earned within 180 days before
the bankruptcy petition is filed or the debtor's business ends, whichever is earlier.
11 U.S.C. § 507(a)(4).
Taxes or penalties owed to governmental units. 11 U.S.C. § 507(a)(8).
Contributions to an employee benefit plan 11 U.S.C. § 507(a)(5).
$
$
$
$
$
Other.  Specify subsection of 11 U.S.C. § 507(a)(___) that applies.
$
Amount entitled to priority
*
Amounts are subject to adjustment on 4/01/25 and every 3 years after that for cases begun on or after the date of adjustment.
Sign Below
A claim may be partly
priority and partly
nonpriority.  For example,
in some categories, the
law limits the amount
entitled to priority.
The person completing
this proof of claim must
sign and date it.
If you file this claim
electronically, FRBP
5005(a)(2) authorizes
courts to establish local
rules specifying what a
signature is.
A person who files a
fraudulent claim could be
fined up to $500,000,
imprisoned for up to 5
years, or both.
18 U.S.C. §§ 152, 157, and
3571.
I am the creditor.
Check the appropriate box:
I am the creditor's attorney or authorized agent.
I am the trustee, or the debtor, or their authorized agent.  Bankruptcy Rule 3004.
I am the guarantor, surety, endorser, or other codebtor.  Bankruptcy Rule 3005.
I understand that an authorized signature on this
amount of the claim, the creditor gave the debtor credit for any payments received toward the debt.
Proof of Claim serves as an acknowlegment that when calculating the
I declare under penalty of perjury that the foregoing is true and correct.
I have examined the information in this Proof of Claim and have a reasonable belief that the information is true
and correct.
Executed on date
MM  /  DD  /  YYYY
Signature
Print the name of the person who is completing and signing this claim:
Name
First Name
Middle Name
Last Name
Title
Company
Identify the corporate servicer as the company if the authorized agent is a servicer.
Address
Contact Phone
Email
Number
Street
City
State
ZIP Code
FRBP 9011(b).
Official Form 410
Proof of Claim
$44,458.29
7/17/2023
Laura Messina
Laura Messina
First-Citizens Bank & Trust Company
603-766-9321
Laura.Messina@firstcitizens.com
155 Commerce Way
Portsmouth, NH 03801
X
X
X
2
Case 22-10951-CTG    Doc 924-1    Filed 07/25/23    Page 4 of 98

EXHIBIT 1
LEASE REJECTION CLAIM FOR $44,458.29 (REPLACES CLAIM NO. 250)

FIRST CITIZENS BANK & TRUST COMPANY successor by merger to CIT BANK, N.A.
CASE NUMBER 22-10951   JOINTLY ADMINISTERED

TOTAL LEASE PAYMENTS DUE AFTER THE PETITION DATE AND BEFORE THE
EFFECTIVE DATE: $38,341.29

TOTAL ATTORNEY FEES & COSTS ARISING AFTER THE PETITION DATE AS A
RESULT OF THE BANKRUPTCY AND DEFAULT: $6,117.00 See attached redacted attorney
fees and costs.  The attorney fees are due under Master Lease Agreement #ML01234567 at
paragraph 15.

TOTAL DUE = $44,458.29

Schedule # DCC-1529717 (Internal number 097-0100907-000)  Next due:  January 25, 2023
Monthly rental including rental tax is $523.73. Thus, monthly payments are due:
January 25, 2023
February 25, 2023
March 25, 2023
April 25, 2023
May 25, 2023
Total Due on Schedule # DCC-1529717 is $2,618.65

Schedule # DCC-1540927 (Internal number 097-0100907-001) Next due:  October 25, 2022.
Monthly rental including rental including rental tax is $720.38.  Thus, monthly payments are
due:
October 25, 2022
November 25, 2022
December 25, 2022
January 25, 2023
Case 22-10951-CTG    Doc 924-1    Filed 07/25/23    Page 5 of 98

February 25, 2023
March 25. 2023
April 25, 2023
May 25, 2023
Total Due on Schedule #DCC-1549027 is $5,763.04

Schedule # DCC-1542550 (internal number 097-0100907-002) Next due: October 25, 2022.
Monthly rental including rental tax is $1,770.80.  Thus, monthly payments are due:
October 25, 2022
November 25, 2022
December 25, 2022
January 25, 2023
February 25, 2023
March 25. 2023
April 25, 2023
May 25, 2023
Total Due on Schedule # DCC-1542550 is $13,008.64

Schedule # DCC-1556125 (internal number 097-0100907-003). Next due: November 15, 2022.
Monthly rental including rental tax is $1,398.49.  Thus, monthly payments are due:
November 15, 2022
December 15, 2022
January 15, 2023
February 15, 2023
March 15, 2023
April 15, 2023
May 15, 2023
June 15, 2023
Total Due on Schedule #DCC-1556125 is $11,187.92
Case 22-10951-CTG    Doc 924-1    Filed 07/25/23    Page 6 of 98

Schedule # DCC-1592874 (internal number 097-0111908-000) Next due: October 25, 2022.
Monthly rental including rental tax is $720.38. Thus, monthly payments are due:
October 25, 2022
November 25, 2022
December 25, 2022
January 25, 2023
February 25, 2023
March 25. 2023
April 25, 2023
May 25, 2023
Total Due on Schedule # DCC-1592874 is $5,763.04
.

Case 22-10951-CTG    Doc 924-1    Filed 07/25/23    Page 7 of 98

July 12, 2023
File #:
2324.21085
Settle
RE:
KABBAGE INC.
First Citizens Bank
Inv  #:
Dressler & Peters, LL
101 W. Grand Ave, Suite 404
Chicago, Illinois 60654
Attention:
Ph:312-602-7360
312-637-9378
Fax:
DATE
DESCRIPTION
HOURS
AMOUNT
LAWYER
Nov-28-22
(Kabbage) Receipt of
 from

regarding
 of
 of
 and review
0.20
21.00
RLM
Nov-29-22
Review email from
 regarding
; condcut detailed review of

 for
 and

detailed review of
,
 for

 and
; detailed review of

for
, and
;
detailed review of
,
 for

 and
; detailed review of

for
, and
;
review
; prepare

 to

plus important
3.60
1,062.00
KDP

Review
 for
 and
retrieval and review of

including
, order for

, order setting

 and

 and
 (.8);
1.50
187.50
RLM
Case 22-10951-CTG    Doc 924-1    Filed 07/25/23    Page 8 of 98

2
Page
Settle
Invoice #:
July 12, 2023
preparation of draft
of
 and
redaction of
 (.7)
Nov-30-22
Review
 to fact
, followed by
outlining  of
 and comparing the
 to
the
 &
 in
the
 (and follow up with

 regarding
 and
 on
, and
); prepared detailed outline
of
 for
 with the
 of
as an
 setting forth

to facilitate
 by
 including
 etc...
for
 subsequent to the
; prepare
 for the
 and
; prepare a
 of
 organize and
prepare
 for the

 (and related
)
received from
; prepare
to
 explaining the
 of
 and
3.80
1,121.00
KDP

Final formatting of
 and

 of
 of
 on

(.2)
0.20
25.00
RLM
Mar-11-23
Prepare
 to
 re
0.20
N/C
KDP
Mar-15-23
Preparation and
 filing of
 for
 in
0.40
50.00
RLM
Apr-09-23
 Review

(
) to
;
review
 of
 Regarding
; review
 of
 and
 in
Connection with
 and
; review
 of

and
 in Connection with
 and
;
 of
 of
 to the
; review
 of
 of

to the

 of
 of

 and its
; review
3.50
1,032.50
KDP
Case 22-10951-CTG    Doc 924-1    Filed 07/25/23    Page 9 of 98

3
Page
Settle
Invoice #:
July 12, 2023
 of
 in
 of
 of

 of
 of

 and its
 and

 to

 Filed by

review numerous additional

concerning
 and the
of the
; detailed
preparation of nuanced
;
prepare
 to
 for

Apr-11-23
Prepare legally complex

, including
to

 within the
 tot he

[both
 plus

] to maximize
 to be

to
1.50
442.50
KDP

Preparation of draft
 and
1.00
125.00
RLM
Apr-12-23
Receipt of
 of
from

submittal of
 via

 agent
 for
 of
 and filing of

and forwarding of
 to
 (.6)
0.60
75.00
RLM
Apr-17-23
T/C with
 for
 which

the
 of
 review
 from said
 regarding same, and forward same to
0.20
59.00
KDP
Apr-18-23
Receipt of
 of

 and docketing of calendar date
0.10
12.50
RLM
Apr-27-23
Receipt and review of
 of cancellation of
0.10
12.50
RLM
May-01-23
Receipt and review of

to
 for

 and docketing of deadline for
 and hearing date on calendars
0.10
12.50
RLM
May-18-23
Receipt and review of

 for
 to
 and docketing
of deadline on calendars
0.10
12.50
RLM
Jun-03-23
Review of voluminous/numerous

 to determine
of
,
status of

 of
1.30
383.50
KDP
Case 22-10951-CTG    Doc 924-1    Filed 07/25/23    Page 10 of 98

4
Page
Settle
Invoice #:
July 12, 2023
 and possible
 of

 (if
); prepare
email to
 for
 regarding same;
prepare email to
 regarding
same
Jun-16-23
Receipt and review of
 to
 to confirm
 not
affected
0.10
12.50
RLM
Jun-23-23
Receipt and notice of

review of same to identify
 for
and
 and
docketing of same on calendars
0.20
25.00
RLM
Jul-03-23
Review of docket regarding
 for

 to
 the amount of
; commence review of
pertinent
 and

 regarding same; prpeare follow up
notes
0.70
206.50
KDP
Jul-11-23
Review voluminous court documents
including

 of
 of

 and its

 of
 of

of
 of
 and its
 and
,
etc...; detailed line by line review of each of
the
 and

(and file notes on each of same) to organize
and calculate
 of the

 for
17

 draft
 setting forth
details of same; draft
, and add
; revise previously filed

 for same
4.20
1,239.00
KDP
$6,117.00
Totals
___________
23.60
Case 22-10951-CTG    Doc 924-1    Filed 07/25/23    Page 11 of 98

5
Page
Settle
Invoice #:
July 12, 2023
DISBURSEMENTS
Nov-29-22
24.80
Document Management - Pacer
Mar-06-23
-24.80
Write Off
Totals
$0.00
___________
___________
$6,117.00
Total Fee & Disbursements for all charges on this matter
TAX ID Number
PAYMENT DETAILS
2,416.50
Payment Received
Jan-30-23
50.00
Payment Received Inv.346097
Jun-05-23
___________
Total Payments
$2,466.50
Case 22-10951-CTG    Doc 924-1    Filed 07/25/23    Page 12 of 98

MASTER LEASE AGREEMENT
#ML01234567
and
SCHEDULE# DCC-1529717
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Payment ID
Date Received
Check #
Total Check Received
Late Charge(s) ($)
Late Charge Tax ($)
Rental Amount($)
Rental Tax($)
Misc Received($)
104498291
09/26/2022
749.14
0.0
0.0
661.5
56.23
31.41
104240825
08/25/2022
749.14
0.0
0.0
661.5
56.23
31.41
103969981
07/25/2022
749.14
0.0
0.0
661.5
56.23
31.41
103727535
06/27/2022
749.14
0.0
0.0
661.5
56.23
31.41
103467342
05/25/2022
749.14
0.0
0.0
661.5
56.23
31.41
103202178
04/25/2022
751.79
0.0
0.0
661.5
58.88
31.41
102944521
03/25/2022
751.79
0.0
0.0
661.5
58.88
31.41
102684474
02/25/2022
751.79
0.0
0.0
661.5
58.88
31.41
102410521
01/25/2022
751.79
0.0
0.0
661.5
58.88
31.41
102171431
12/27/2021
751.79
0.0
0.0
661.5
58.88
31.41
101928944
11/29/2021
1032.1
0.0
0.0
661.5
58.88
311.72
101644986
10/25/2021
830.79
0.0
0.0
661.5
58.88
110.41
101402815
09/27/2021
751.79
0.0
0.0
661.5
58.88
31.41
101148081
08/25/2021
751.79
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