Exhibit A: Proposed Order — Case 22-10951-CTG, Doc 1185-1, Filed 12/15/25
- Date
- 2025-12-15
Summary
Doc 1185-1, filed December 15, 2025 in In re: KServicing Wind Down Corp., et al., Case No. 22-10951 (CTG), in the U.S. Bankruptcy Court for the District of Delaware, is Exhibit A, a proposed Order Sustaining KServicing Wind Down Corporation's Fifth (Substantive) Omnibus Objection to Certain (I) No Liability Claims, and (II) Unliquidated Claims. The proposed order would sustain the objection and disallow and expunge the Disputed Claims in their entirety, reserve rights as to other claims, and authorize Stretto, Inc. to update the Claims Register. Schedule 1 lists individual indemnification claims filed in 2022 as no liability claims under Section 8.5 of the Plan, and Schedule 2 lists the same claims as unliquidated. Each claim is listed with its claim number, debtor and case number, with amounts shown as Unknown/Unliquidated.
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“Exhibit A: Proposed Order — Case 22-10951-CTG, Doc 1185-1, Filed 12/15/25.”
Original at archive.org, dated 2025-12-15. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2025-12-15-kservicing-bankruptcy/
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Case 22-10951-CTG Doc 1185-1 Filed 12/15/25 Page 1 of 8
EXHIBIT A
Proposed Order
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Case 22-10951-CTG Doc 1185-1 Filed 12/15/25 Page 2 of 8
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)
Re: Docket No. ______
ORDER SUSTAINING KSERVICING WIND DOWN CORPORATION’S
FIFTH (SUBSTANTIVE) OMNIBUS OBJECTION TO CERTAIN
(I) NO LIABILITY CLAIMS, AND (II) UNLIQUIDATED CLAIMS
Upon the objection (the “Objection”) 2 of the post-confirmation Debtors’ wind down
estates (“KServicing Wind Down Estates”), for entry of an order (this “Order”) sustaining the
Objection and disallowing and expunging in its entirety the claims listed in Schedule 1 (the “No
Liability Claims”) and Schedule 2 (the “Unliquidated Claims”) attached hereto (the “Disputed
Claims”), and this Court having jurisdiction to consider the Objection pursuant to 28 U.S.C. §§
157 and 1334 and the Amended Standing Order of Reference from the United States District Court
for the District of Delaware, dated February 29, 2012; and this Court being able to issue a final
order consistent with Article III of the United States Constitution; and venue of these Chapter 11
Cases and the Objection in this district being proper pursuant to 28 U.S.C. §§ 1408 and 1409; and
this matter being a core proceeding pursuant to 28 U.S.C. § 157(b); and this Court having found
that proper and adequate notice of the relief requested therein has been provided in accordance
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: 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 925B Peachtree Street NE, Suite 383, Atlanta, GA 30309.
2
Capitalized terms used herein but not otherwise defined shall have the meanings ascribed to them in the Objection.
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with the Bankruptcy Rules and the Local Rules, and that, except as otherwise ordered herein, no
other or further notice is necessary; and responses (if any) to the Objection having been withdrawn,
resolved or overruled on the merits; and a hearing having been held to consider the relief requested
in the Objection and upon the record of the hearing and all of the proceedings had before this
Court; and this Court having found and determined that the relief set forth in this Order is in the
best interests of the KServicing Wind Down Estates, their estates, their creditors, and other parties
in interest; and that the legal and factual bases set forth in the Objection establish just cause for the
relief granted herein; and after due deliberation and sufficient cause appearing therefore;
IT IS HEREBY ORDERED THAT:
1. The Objection is SUSTAINED as provided herein.
2. The Disputed Claims are hereby disallowed and expunged in their entirety.
3. This Order has no res judicata, estoppel, or other effect on the validity, allowance,
or disallowance of, and all rights to object to or defend on any basis are expressly reserved with
respect to any claims referenced or identified in the Objection other than the Disputed Claims
listed on Schedule 1 and Schedule 2, attached hereto.
4. The Wind Down Officer’s right to object on any other grounds that he or
KServicing Wind Down Estates discovers is preserved.
5. KServicing Wind Down Estates and the Wind Down Officer are authorized and
empowered to execute and deliver such documents, and to take and perform all actions necessary
to implement and effectuate the relief granted in this Order.
6. Nothing in this Order or the Objection is intended or shall be construed as a waiver
of any of the rights KServicing Wind Down Estates or the Wind Down Officer may have to enforce
rights of setoff against the Claimants.
2
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7. Nothing in the Objection or this Order, nor any actions or payments made by
KServicing Wind Down Estates pursuant to this Order, shall be construed as: (a) an admission as
to the amount of, basis for, or validity of any claim against KServicing Wind Down Estates under
the Bankruptcy Code or other applicable non-bankruptcy law; (b) a waiver of the Wind Down
Officer’s or any other party in interest’s right to dispute any claim; (c) a promise or requirement
to pay any particular claim; (d) an implication or admission that any particular claim is of a type
specified or defined in this Order; (e) an admission as to the validity, priority, enforceability, or
perfection of any lien on, security interest in, or other encumbrance on property of the KServicing
Wind Down Estates or the Debtors’ estates; or (f) a waiver of any claims or causes of action which
may exist against any entity under the Bankruptcy Code or any other applicable law.
8. The Wind Down Officer’s objection to each of the No Liability Claims and
Unliquidated Claims addressed in the Objection constitutes a separate contested matter as
contemplated by Bankruptcy Rule 9014. This Order shall be deemed a separate order with respect
to each claim. Any stay of this Order pending appeal by any of the Claimants subject to this Order
shall only apply to the contested matter which involves such claimant and shall not act to stay the
applicability and/or finality of this Order with respect to the other contested matters addressed in
the Objection and this Order.
9. This Order is immediately effective and enforceable, notwithstanding the possible
applicability of Bankruptcy Rule 6004(h) or otherwise.
10. Stretto, Inc., KServicing Wind Down Estates’ noticing and claims agent, is
authorized to update the Claims Register to reflect the relief granted in this Order.
11. This Court shall retain jurisdiction with respect to any matters, claims, rights or
disputes arising from or related to the Objection or the implementation of this Order.
3
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Schedule 1
No Liability Claims
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Case 22-10951-CTG Doc 1185-1 Filed 12/15/25 Page 6 of 8
Claimant Claim Date Filed Claim Number Debtor & Case No. Claim Amount Reason for Disallowance
Bhambani, Oneal Kabbage, Inc. d/b/a KServicing Unknown/Unliquidated Claims must be disallowed for no liability because indemnification shall be rejected
Address on file 11/29/2022 85 22-10951 General Unsecured as of the Effective Date pursuant to Section 8.5 of the Plan and related sections.
Douglas, James Kabbage Diameter, LLC Unknown/Unliquidated Claims must be disallowed for no liability because indemnification shall be rejected
Address on file 11/29/2022 3 22-10956 General Unsecured as of the Effective Date pursuant to Section 8.5 of the Plan and related sections.
Douglas, James Kabbage, Inc. d/b/a Kservicing Unknown/Unliquidated Claims must be disallowed for no liability because indemnification shall be rejected
Address on file 11/29/2022 92 22-10951 General Unsecured as of the Effective Date pursuant to Section 8.5 of the Plan and related sections.
Goldberg, Laura Kabbage, Inc. d/b/a Kservicing Unknown/Unliquidated Claims must be disallowed for no liability because indemnification shall be rejected
Address on file 11/30/2022 130 22-10951 General Unsecured as of the Effective Date pursuant to Section 8.5 of the Plan and related sections.
Jain, Deepesh Kabbage Asset Funding 2017-A, LLC Unknown/Unliquidated Claims must be disallowed for no liability because indemnification shall be rejected
Address on file 11/30/2022 5 22-10954 General Unsecured as of the Effective Date pursuant to Section 8.5 of the Plan and related sections.
Jain, Deepesh Kabbage Asset Funding 2019-A, LLC Unknown/Unliquidated Claims must be disallowed for no liability because indemnification shall be rejected
Address on file 11/30/2022 7 22-10955 General Unsecured as of the Effective Date pursuant to Section 8.5 of the Plan and related sections.
Jain, Deepesh Kabbage, Inc. d/b/a Kservicing Unknown/Unliquidated Claims must be disallowed for no liability because indemnification shall be rejected
Address on file 11/30/2022 127 22-10951 General Unsecured as of the Effective Date pursuant to Section 8.5 of the Plan and related sections.
McGowan, David Kabbage, Inc. d/b/a Kservicing Unknown/Unliquidated Claims must be disallowed for no liability because indemnification shall be rejected
Address on file 11/29/2022 89 22-10951 General Unsecured as of the Effective Date pursuant to Section 8.5 of the Plan and related sections.
Mendel, Rebecca Kabbage, Inc. d/b/a Kservicing Unknown/Unliquidated Claims must be disallowed for no liability because indemnification shall be rejected
Address on file 11/29/2022 111 22-10951 General Unsecured as of the Effective Date pursuant to Section 8.5 of the Plan and related sections.
Zimmerman, Amy Kabbage, Inc. d/b/a Kservicing Unknown/Unliquidated Claims must be disallowed for no liability because indemnification shall be rejected
Address on file 11/29/2022 114 22-10951 General Unsecured as of the Effective Date pursuant to Section 8.5 of the Plan and related sections.
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Schedule 2
Unliquidated Claims
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Claimant Claim Date Filed Claim Number Debtor & Case No. Claim Amount Reason for Disallowance
Bhambani, Oneal Kabbage, Inc. d/b/a KServicing Unknown/Unliquidated Claim asserts a contingent, unliquidated amount and lacks sufficient
Address on file 11/29/2022 85 22-10951 General Unsecured information to determine value.
Douglas, James Kabbage Diameter, LLC Unknown/Unliquidated Claim asserts a contingent, unliquidated amount and lacks sufficient
Address on file 11/29/2022 3 22-10956 General Unsecured information to determine value.
Douglas, James Kabbage, Inc. d/b/a Kservicing Unknown/Unliquidated Claim asserts a contingent, unliquidated amount and lacks sufficient
Address on file 11/29/2022 92 22-10951 General Unsecured information to determine value.
Goldberg, Laura Kabbage, Inc. d/b/a Kservicing Unknown/Unliquidated Claim asserts a contingent, unliquidated amount and lacks sufficient
Address on file 11/30/2022 130 22-10951 General Unsecured information to determine value.
Jain, Deepesh Kabbage Asset Funding 2017-A, LLC Unknown/Unliquidated Claim asserts a contingent, unliquidated amount and lacks sufficient
Address on file 11/30/2022 5 22-10954 General Unsecured information to determine value.
Jain, Deepesh Kabbage Asset Funding 2019-A, LLC Unknown/Unliquidated Claim asserts a contingent, unliquidated amount and lacks sufficient
Address on file 11/30/2022 7 22-10955 General Unsecured information to determine value.
Jain, Deepesh Kabbage, Inc. d/b/a Kservicing Unknown/Unliquidated Claim asserts a contingent, unliquidated amount and lacks sufficient
Address on file 11/30/2022 127 22-10951 General Unsecured information to determine value.
McGowan, David Kabbage, Inc. d/b/a Kservicing Unknown/Unliquidated Claim asserts a contingent, unliquidated amount and lacks sufficient
Address on file 11/29/2022 89 22-10951 General Unsecured information to determine value.
Mendel, Rebecca Kabbage, Inc. d/b/a Kservicing Unknown/Unliquidated Claim asserts a contingent, unliquidated amount and lacks sufficient
Address on file 11/29/2022 111 22-10951 General Unsecured information to determine value.
Zimmerman, Amy Kabbage, Inc. d/b/a Kservicing Unknown/Unliquidated Claim asserts a contingent, unliquidated amount and lacks sufficient
Address on file 11/29/2022 114 22-10951 General Unsecured information to determine value.
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