Williams Declaration

Summary

Doc 948-1, filed August 8, 2023 as Exhibit A in In re KServicing Wind Down Corp., Case No. 22-10951 (CTG), in the U.S. Bankruptcy Court for the District of Delaware. It is the declaration of Tamica M. Williams, former Corporate Controller of Kabbage, under 28 U.S.C. § 1746, in support of the Post-Confirmation Debtors' objection to Biz2Credit Inc.'s application for payment of an administrative expense claim. The declaration states, to the best of the declarant's knowledge, that Kabbage and Biz2Credit are parties to a Referral and Marketing Agreement dated January 18, 2021 and a Software License Agreement dated April 28, 2021. It states that Referral Agreement fees owed as of June 6, 2022 were no less than $1,031,000, that as the declarant understands it Biz2Credit's Asserted Claim is $371,570, and that the declarant believes the Kabbage Counterclaim exceeds it by no less than $659,430.

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             Case 22-10951-CTG    Doc 948-1   Filed 08/08/23   Page 1 of 3




                                      Exhibit A

                                 Williams Declaration




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                Case 22-10951-CTG             Doc 948-1        Filed 08/08/23        Page 2 of 3




                        IN THE UNITED STATES BANKRUPTCY COURT
                             FOR THE DISTRICT OF DELAWARE

In re                                                      Chapter 11

KServicing Wind down Corp., et al.,1                       Case No. 22-10951 (CTG)

              Post-Confirmation Debtors.                   (Jointly Administered)



            DECLARATION OF TAMICA M. WILLIAMS IN SUPPORT OF
                      POST-CONFIRMATION DEBTORS’
           OBJECTION TO THE APPLICATION OF BIZ2CREDIT INC. FOR
        ALLOWANCE AND PAYMENT OF ADMINISTRATIVE EXPENSE CLAIM

         I, Tamica M. Williams, pursuant to 28 U.S.C. § 1746, declare under penalty of perjury that

the following is true and correct to the best of my knowledge, information, and belief:

         1.       I was the Corporate Controller of Kabbage, Inc. d/b/a KServicing (“Kabbage”). I

served as the Corporate Controller from November 2021 through June 2023, and I have been

providing consulting services to the Post-Confirmation Debtors on an as needed basis. As

Corporate Controller, I established and implemented financial policies and controls, supervised all

accounting and financial functions, and prepared financial statements.

         2.       I submit my declaration in further support of the Post-Confirmation Debtors’

Objection to the Application of Biz2credit Inc. for Allowance and Payment of Administrative




1
         The post-confirmation Debtors in these chapter 11 cases, along with the last four digits of each Debtor’s
         federal tax identification number, as applicable are: KServicing Wind Down Corp. (f/k/a Kabbage, Inc. d/b/a
         KServicing) (3937); KServicing Wind Down Canada Holdings LLC (f/k/a Kabbage Canada Holdings, LLC)
         (N/A); KServicing Wind Down Asset Securitization LLC (f/k/a Kabbage Asset Securitization LLC) (N/A);
         KServicing Wind Down Asset Funding 2017-A LLC (f/k/a Kabbage Asset Funding 2017-A LLC) (4803);
         KServicing Wind Down Asset Funding 2019-A LLC (f/k/a Kabbage Asset Funding 2019-A LLC) (8973);
         and KServicing Wind Down Diameter LLC (f/k/a Kabbage Diameter, LLC) (N/A). The Debtors’ mailing
         and service address is KServicing Wind Down Corp. c/o Resolute Commercial Services, 6750 E. Camelback
         Road, Suite 103, Scottsdale, AZ 85251.



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Expense Claim (the “Objection”) filed contemporaneously herewith.2 I am generally

knowledgeable about the commercial dealings between Biz2Credit and Kabbage. Except as

otherwise indicated, the facts set forth in this declaration are based upon my personal knowledge,

my review of relevant documents and databases that are prepared, maintained, and utilized by

Kabbage in the ordinary course of its business, as well as the information provided to me by other

employees of Kabbage. If called upon to testify, I would testify to the facts set forth in this

declaration.

          3.      Kabbage and Biz2Credit are parties to that certain Referral and Marketing

Agreement dated January 18, 2021 (the “Referral Agreement”).

          4.      Kabbage and Biz2Credit are also parties to that certain Software License

Agreement dated April 28, 2021 (as amended by the First Amendment to the Software License

Agreement dated October 3, 2022) (the “Platform Agreement”).

          5.      As of June 6, 2022, the outstanding fees owed under the Referral Agreement were

no less than $1,031,000. It is my understanding that Biz2Credit’s Asserted Claim is $371,570.

Accordingly, I believe that the Kabbage Counterclaim exceeds the Asserted Claim by an amount

no less than $659,430.

          I declare under penalty of perjury that the foregoing is true and correct.



    Dated: August 8, 2023                                  /s/ Tamica M. Williams
           Atlanta, Georgia                                Tamica M. Williams




2
          Capitalized terms used but not defined in this declaration shall have the meanings defined to them in the
          Objection.


                                                       -2-
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