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Home Source documents “Objection”) for entry of an order, substantially in the form attached hereto as Exhibi…

“Objection”) for entry of an order, substantially in the form attached hereto as Exhibit A (the

Date
2026-01-05

Summary

KServicing Wind Down Corporation's Fifth (Substantive) Omnibus Objection to certain no liability claims and unliquidated claims, filed December 15, 2025 as Doc 1185 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. Jeremiah Foster, as Wind Down Officer, asks the court under sections 105(a) and 502(b) of the Bankruptcy Code, Bankruptcy Rule 3007 and Local Rule 3007-1 to disallow and expunge the claims listed on Schedules 1 and 2 to the proposed order. The objection states that the Schedule 1 claims seek indemnification and insurance benefits for former officers and directors, and argues that Plan § 8.5 rejected those obligations. It sets an objection deadline of January 5, 2026 and a hearing on January 14, 2026, and relies on the Foster Declaration attached as Exhibit B.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

               Case 22-10951-CTG             Doc 1185        Filed 12/15/25         Page 1 of 14




                        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)

                                                           Objection Deadline: January 5, 2026 at 4:00 p.m. (ET)
                                                           Hearing Date: January 14, 2026 at 10:00 a.m. (ET)

         KSERVICING WIND DOWN CORPORATION’S FIFTH (SUBSTANTIVE)
           OMNIBUS OBJECTION TO CERTAIN (I) NO LIABILITY CLAIMS,
                      AND (II) UNLIQUIDATED CLAIMS
    THIS OBJECTION SEEKS TO DISALLOW CERTAIN FILED PROOFS OF
    CLAIM. CLAIMANTS SHOULD CAREFULLY REVIEW THIS OBJECTION
    AND THE SCHEDULES ATTACHED TO THIS OBJECTION TO DETERMINE
    WHETHER THIS OBJECTION AFFECTS THEIR CLAIMS. CLAIMANTS
    RECEIVING THIS OBJECTION SHOULD LOCATE THEIR NAMES AND
    CLAIMS ON SCHEDULES 1 THROUGH 2 TO EXHIBIT A ATTACHED
    HERETO.
         Jeremiah Foster, in his capacity as the wind down officer (the “Wind Down Officer”) of

the wind down estates of the above captioned Post-Confirmation Debtors (collectively,

“KServicing Wind Down Estates”) and each wind down estate’s affiliates and successors

(collectively, “KServicing”), through the undersigned counsel submits this claims objection (this

“Objection”) for entry of an order, substantially in the form attached hereto as Exhibit A (the

“Order”), pursuant to sections 105(a) and 502(b) of title 11 of the United States Code, 11 U.S.C.

§§ 101 et seq. (the “Bankruptcy Code”), Rule 3007 of the Federal Rules of Bankruptcy Procedure

(the “Bankruptcy Rules”), and Rule 3007-1 of the Local Rules of the United States Bankruptcy



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.



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Court for the District of Delaware (the “Local Rules”), disallowing and expunging certain proofs

of claim filed by claimants (each a “Claimant” and collectively, the “Claimants”), as identified

on Schedule 1 (the “No Liability Claims”) and Schedule 2 (the “Unliquidated Claims”, and

together with the No Liability Claims, the “Disputed Claims”) to the Order.

         In support of this Objection, KServicing Wind Down Estates rely upon the Declaration of

Jeremiah Foster, the Wind Down Officer of KS Wind Down in Support of KServicing Wind Down

Corporation’s Fifth (Substantive) Omnibus Objection to Certain (I) No Liability Claims, and (II)

Unliquidated Claims (the “Foster Declaration”), attached hereto as Exhibit B, and respectfully

state as follows:

                                     JURISDICTION AND VENUE

         1.     The Court has jurisdiction to consider this 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. This matter is a core proceeding pursuant to 28

U.S.C. § 157(b).

         2.     Venue is proper in the Court pursuant to 28 U.S.C. §§ 1408 and 1409.

         3.     The statutory predicates for the relief requested herein are sections 105(a) and 502

title 11 of the United States Code (the “Bankruptcy Code”), Bankruptcy Rules 3003 and 3007,

and Local Rule 3007-1.

         4.     Pursuant to Local Rule 9013-1(f), KServicing Wind Down Estates consent to the

entry of a final order or judgment by the Court in connection with this Objection to the extent it is

later determined that the Court, absent consent of the parties, cannot enter final orders or judgments

consistent with Article III of the United States Constitution.




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                                  BACKGROUND AND OVERVIEW

         5.     On October 3, 2022, (the “Petition Date”), KServicing and its debtor-affiliates (the

“Debtors”) commenced bankruptcy under Chapter 11 of title 11 of the United States Code in the

United States Bankruptcy Court for the District of Delaware (the “Court”).

         6.     On October 24, 2022 the Debtors filed their schedules of assets and liabilities and

statements of financial affairs [Docket No. 144-155] (collectively, the “Schedules”).

         7.     On October 26, 2022, the Court entered the Order (I) Establishing a General Bar

Date to File Proofs of Claim, (II) Establishing a Bar Date to File Proofs of Claim by Governmental

Units, (III) Establishing an Amended Schedules Bare Date, (IV) Establishing a Rejection Damages

Bar Date, (V) Approving the Form and Manner for Filing Proofs of Claim, (VI) Approving the

Proposed Notice of Bar Dates, (VII) Approving Procedures with Respect to Service of the

Proposed Notice of Bar Dates, and (VIII) Granting Related Relief [Docket No. 161] (the “Bar

Date Order”).

         8.     The Bar Date Order established November 30, 2022 at 5:00 p.m. (prevailing

Eastern Time) as the deadline for creditors to file proofs of claim for each claim they assert against

the Debtors that arose before the Petition Date (the “General Bar Date”). The Bar Date Order

also established the governmental bar date for governmental units to file proofs of claims against

any Debtor as April 3, 2023 at 5:00 p.m. (prevailing Eastern Time). Additionally, the Bar Date

Order approved the form of proof of claim to be filed against the Debtors and the manner of giving

notice of the General Bar Date (the “Bar Date Notice”). The Bar Date Notice was mailed to all

known creditors of the Debtors [Docket No. 169].

         9.     On January 19, 2023, the Debtors filed their Amended Joint Chapter 11 Plan of

Liquidation of Kabbage, Inc. (d/b/a KServicing) and its Affiliated Debtors [Docket No. 466] (the

“Plan”).

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         10.    The confirmation hearing was held on March 13, 2023, at the conclusion of which

the Court issued a bench ruling confirming the Plan. On March 15, 2023, this Court entered a

written order [Docket No. 680] (“Confirmation Order”) supplementing the oral ruling.

         11.    The Plan became effective on June 20, 2023 (the “Effective Date”), and under §

5.4(a) of the Plan, Jeremiah Foster was appointed as the Wind Down Officer. Under § 7.1(a) of

the Plan, the Wind Down Officer, on behalf of KServicing Wind Down Estates, has the sole

authority to object to claims.

         12.    The Debtors’ register of claims (the “Claims Register”) as maintained by Stretto,

Inc. includes three hundred and three (303) proofs of claim that were filed against the Debtors

including another sixty-four (64) scheduled claims.

         13.    In the ordinary course of business, the Debtors maintained books and records (the

“Books and Records”) that reflect, among other things, the nature and amount of the liabilities

the Debtors owed to their creditors. The Debtor began, and the Wind Down Officer and his

professionals have continued reviewing, comparing, and reconciling the proofs of claim (including

any supporting documentation) with the Schedules, Claims Register, and the Books and Records.

The claims reconciliation process includes identifying particular categories of claims that may be

subject to objection. While this review, analysis, and reconciliation is ongoing, the Wind Down

Officer has determined that certain claims should be disallowed and expunged for one or more

reasons. Accordingly, the Wind Down Officer files this Objection seeking the relief requested

below.

         14.    On October 16, 2025 KServicing Wind Down Corp. (f/k/a Kabbage, Inc.),

commenced an adversary action styled as Adv. Case No. 25-52372 (CTG) against (i) certain

directors and officers to recover damages KServicing Wind Down Corp. (f/k/a Kabbage, Inc.)



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allegedly sustained as a result of their breaches of fiduciary duty; and (ii) to recover the more than

$500 million in allegedly fraudulent transfers (the “D&O Complaint”). See D&O Complaint ¶32.

For the avoidance of doubt, this Objection is not intended to interfere with or affect anything

related to the D&O Complaint, that adversary action or effect the former directors and officers that

are named as defendants in the D&O Complaint.

          15.    KServicing Wind Down Estates respectfully requests that the Disputed Claims be

disallowed and expunged.

                                      RELIEF REQUESTED

          16.    For the reasons set forth more fully below, the Wind Down Officer requests the

Court enter the Order, pursuant to sections 105(a) and 502 of the Bankruptcy Code, Bankruptcy

Rule 3007, and Local Rule 3007-1, (a) disallowing the Disputed Claims and (b) granting related

relief.

                                       BASIS FOR RELIEF

          17.    At their core, the Disputed Claims seek indemnification from KServicing and allege

certain rights pursuant to the Debtors’ insurance policies and agreements between KServicing and

the Claimants listed in this Objection.

          18.    Section 502(a) of the Bankruptcy Code provides, in pertinent part, that “[a] claim

or interest, proof of which is filed under section 501 of this title, is deemed allowed, unless a party-

in-interest . . . objects.” 11 U.S.C. § 502(a). Once an objection to a claim is filed, the Court, after

notice and hearing, shall determine the allowed amount of the claim. 11 U.S.C. § 502(b).

          19.    Section 502(b)(1) of the Bankruptcy Code provides, in relevant part, that a claim

may not be allowed to the extent that it “is unenforceable against the debtor and property of the

debtor, under any agreement or applicable law.” Id. The Bankruptcy Code provides for the

disallowance of a claim where any agreement or applicable law would find the claim unenforceable

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against the debtor. Id. In short, if a claimant could not file suit and recover against a debtor, the

claim must be disallowed. While a properly filed claim is prima facie evidence of the claim’s

allowed amount, when an objecting party rebuts a claim’s prima facie validity, the Claimant bears

the burden of proving the claim’s validity by a preponderance of evidence. See In re Allegheny

Int’l, Inc., 954 F.2d 167, 173–74 (3d Cir. 1992) (“The burden of persuasion is always on the

claimant.”); see also 11 U.S.C. § 501; Fed. R. Bankr. P. 3001(f).

                                          DISPUTED CLAIMS

               I.      No Liability Claims

         20.        The Wind Down Officer objects to each of the claims listed on Schedule 1 to the

Proposed Order and requests that the No Liability Claims be disallowed. The No Liability Claims

set forth in Schedule 1 to the Proposed Order arise from agreements, governance documents, or

other contracts that certain Claimants executed with one of more Debtors during their tenure with

the respective Debtor entity.

         21.        The No Liability Claims listed on Schedule 1 are contingent claims for

indemnification and/or benefits related to certain of KServicing’s directors’ and officers’ liability

insurance policies, as referenced in the respective claim filed by certain former officers and

directors of KServicing. The No Liability Claims are based on purported indemnification and

benefits obligations under certain agreements, corporate governance documents, and insurance

policies.

         22.        However, the Plan provides, in relevant part, that:

               Notwithstanding the above, this Section 8.5 shall not apply to any Former
               Officers and Directors and any obligations of the Debtors pursuant to a contract,
               instrument, agreement, certificate of incorporation, by-law, comparable
               organizational document or any other document or applicable law, including
               amendments entered into any time prior to the Effective Date, to indemnify,
               reimburse, or limit the liability of any Former Officer and Director shall be


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               rejected as of the Effective Date, and the Wind Down Officer reserves all legal
               and equitable rights and defenses in respect of any claims asserted by any
               Former Officer or Director.

          Plan § 8.5.

         23.      The Plan defines “Former Officers and Directors” as “any Person that (a) served in

a capacity as an officer or director of any of the Debtors prior to the Commencement Date and (b)

was not an officer or director of any of the Debtors as of the Commencement Date.” Plan § 1.54.

Furthermore, “Commencement Date” under the Plan refers to “the date on which the Debtors

commenced the Chapter 11 Cases.” Id. at §1.21. The Chapter 11 Cases began on the Petition Date

and the Wind Down Officer reads such terms to be synonymous with one another.

         24.      Based on the Books and Records, none of the Claimants listed in Schedule 1 to the

Proposed Order were officers or directors of any Debtor as of the Commencement Date. Therefore,

pursuant to the Plan, the No Liability Claims reflect claims for which the Debtors do not have any

liability or existing payment obligations.

         25.      In evaluating the Disputed Claims, the Wind Down Officer thoroughly reviewed

the Books and Records of the KServicing Wind Down Estates, each Disputed Claim, as well as

any supporting documentation.

         26.      During the Wind Down Officer’s review of the Wind Down Estates’ books and

records, he discovered that certain of the corporate documents for the Debtors provide for the

indemnification of the entity’s directors and officers.

         27.      Nonetheless, the Wind Down Officer believes that the Plan explicitly terminates

the Claimant’s rights to indemnification and insurance benefits. Specifically, in addition to the

language in Section 8.5, Section 1 C of the Plan states “[i]n the event of an inconsistency between

the Plan and other document, the terms of the Plan shall control.” Plan ¶1C.



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         28.         Additionally, Section 5.9 of the Plan states “[a]s of the Effective Date, the

certificate of incorporation and by-laws, or other organizational documents, as applicable, of the

Debtors shall be amended to the extent necessary to carry out the provisions of this Plan, subject

to the consent of the Reserve Bank, not to be unreasonably withheld.”

         29.         Therefore, any potential or perceived rights of the Claimants, as alleged via the

Disputed Claims, are superseded by the language in the Plan.

         30.         Furthermore, certain of the Claimants have executed separation agreements that

further limit such Claimant’s right to bring claims against the Wind Down Estates.

         31.         In sum, based on the foregoing, the Wind Down Officer determined that the

KServicing Wind Down Estates are not liable or does not have any payment obligation due and

owing on account of each Disputed Claim. See Foster Declaration.

         32.         Failure to disallow the No Liability Claims will result in Claimants receiving an

unwarranted recovery from KServicing Wind Down Estates to the detriment of other creditors.

Thus, the relief requested herein is necessary to prevent any improper or unjustified distribution

of estate funds and to facilitate the administration of the claims allowance process. Accordingly,

the No Liability Claims set forth on Schedule 1 to the Order should be disallowed and expunged

in their entirety.

               II.      Unliquidated Claims

         33.         The Wind Down Officer objects to each of the claims listed on Schedule 2 to the

Proposed Order on the grounds that they were filed in an undetermined amount, or assert only

unliquidated, and/or contingent claims, failing to adhere to the requirements under the Bankruptcy

Code to sufficiently specify the amount sought. Schedule 2 to the Order identifies for each such




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claim: (a) the Claimant’s name; (b) the proof of claim number; (c) the claim date; (d) the claim

amount and asserted priority status; and (e) the basis for disallowance.

         34.    Accordingly, because the parties asserting the Unliquidated Claims have failed to

meet their burden of support under Bankruptcy Rule 3001(f) to provide sufficient support for their

Unliquidated Claims and because the failure to fix or liquidate the amount of the Unliquidated

Claims would unduly delay the administration of the cases, the Unliquidated Claims should be

disallowed and expunged.

         35.    For the reasons set forth herein and in Schedule 2 to the Proposed Order, the Wind

Down Officer objects to the Unliquidated Claims and requests that such claims be disallowed and

expunged because such claims were filed in unliquidated amounts and the failure to fix or liquidate

the amount of such claims would unduly delay the administration of the cases. The Unliquidated

Claims were filed in a contingent, unliquidated, or undetermined amount and either provided

insufficient support from which a liquidated allowable amount for the claim could be determined.

         36.    As of today, the information available to the Wind Down Officer reflects that the

allowable liability of each Unliquidated Claim is $0. Without some liquidated amount for these

claims, the Wind Down Officer does not even have a basis on which it could reserve for those

claims while otherwise evaluating the Debtors’ liability on those claims, and thereby make

distributions to other claimants whose liquidated claims have been allowed.

         37.    Accordingly, the parties asserting the Unliquidated Claims have failed to meet their

burden of support under Bankruptcy Rule 3001(f) to provide any support for their Unliquidated

Claims and because the failure to fix or liquidate the amount of the Unliquidated Claims would

unduly delay the administration of the distribution process, the Unliquidated Claims should be

disallowed and expunged.



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                                RESPONSE TO THE OBJECTION

          38.     To contest this Objection, the Claimant must file and serve a written response to

 this Objection (a “Response”) so that it is received no later than January 5, 2026, at 4:00 p.m.

 (ET) (the “Response Deadline”). The Response to this Objection must be filed with the Office

 of the Clerk of the United States Bankruptcy Court for the District of Delaware: 824 Market

 Street, 3rd Floor, Wilmington, Delaware 19801, and served upon counsel to KServicing, Perkins

 Coie LLP, 500 N. Akard Street, Suite 3300, Dallas, Texas 75201, Attn: John Penn

 (jpenn@perkinscoie.com) and Bradley Cosman (bcosman@perkinscoie.com) and Morris James

 LLP, 3205 Avenue North Blvd., Suite 100, Wilmington, Delaware 19803, Attn: Eric Monzo

 (emonzo@morrisjames.com) and Brya M. Keilson (bkeilson@morrisjames.com), so as to be

 actually received by no later than the Response Deadline.

         The response to this Objection must, at a minimum, contain the following information:

              a. a caption setting forth the name of the Court, the name of the Debtors, the lead case
                 number and the title of the Objection to which the Response is directed;

              b. the name of the Claimant, the claim number, and a description of the basis for the
                 amount of the claim;

              c. the specific factual basis and supporting legal argument upon which the party will
                 rely in opposing this Objection;

              d. all documentation and other evidence, to the extent it was not included with the
                 proof of claim previously filed, upon which the claimant will rely to support the
                 basis for and amounts asserted in the proof of claim and in opposing this Objection;
                 and

              e. the name, address, telephone number, fax number or email address of the person(s)
                 (which may be the Claimant or the Claimant’s legal representative) with whom
                 counsel for KServicing should communicate with respect to the claim or the
                 Objection and who possesses authority to reconcile, settle, or otherwise resolve the
                 objection to the Claim on behalf of the claimant.




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         39.     If the Claimant fails to timely file and serve a Response by the Response Deadline,

KServicing will present to the Court the Order disallowing and expunging the Claim in its entirety

without further notice to the Claimant or a hearing.

         40.     KServicing may file and serve a reply to any Response in accordance with the Local

Rules. KServicing reserves the right to seek an adjournment of the hearing on any Response to this

Objection, which adjournment will be noted on the notice of agenda for the hearing.

         41.     Adjournment of Hearing: KServicing reserves the right to seek an adjournment

of the hearing on any Response to this Objection, which adjournment will be noted on the notice

of agenda for the hearing. The agenda will be served on the person designated by the Claimant in

its Response.

         42.     Separate Contested Matter: The objection by the Wind Down Officer to each

claim shall constitute a separate contested matter as contemplated by Bankruptcy Rule 9014. Any

order entered by the Court regarding an objection asserted in this Objection shall be deemed a

separate order with respect to each claim subject thereto.

                                   RESERVATION OF RIGHTS

         43.     Nothing in this Objection: (a) shall impair, prejudice, waive, or otherwise affect the

rights of KServicing Wind Down Estates or their estates to contest the validity, priority, or amount

of any claim against KServicing Wind Down Estates or the Debtors or their estates; (b) shall

impair, prejudice, waive, or otherwise affect the rights of KServicing Wind Down Estates or their

estates with respect to any and all claims or causes of action against any third party; or (c) shall be

construed as a promise to pay a claim or continue any applicable program post-petition, which

decision shall be in the discretion of KServicing Wind Down Estates.

         44.     KServicing Wind Down Estates and the Wind Down Officer expressly reserve the

right to amend, modify, or supplement this Objection. Should one or more of the grounds for

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objection stated in this Objection be dismissed or overruled, KServicing Wind Down Estates

reserves the right to object to each of the claims on any other grounds that the Wind Down Officer

discovers or elects to pursue. The Wind Down Officer reserves the right to assert additional

substantive or non-substantive objections to the claims at a later time.

         45.     Notwithstanding anything contained in the Objection, or the exhibits and schedules

attached hereto, nothing herein will be construed as a waiver of any rights that the KServicing

Wind Down Estates, the Wind Down Officer or any successors thereto, may have to enforce any

other rights, including but not limited to the right of setoff against the Unliquidated Claims or any

other claim filed by the Claimant.

         46.     Nothing in this Objection shall be deemed: (a) an admission as to the amount of,

basis for, or validity of any claim against KServicing Wind Down Estates and/or the Wind Down

Officer under the Bankruptcy Code or other applicable nonbankruptcy law; (b) a waiver of the

KServicing Wind Down Estates’, 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 Objection; (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 Wind Down

Officer; 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.

                         COMPLIANCE WITH LOCAL RULE 3007-1

         47.     To the best of KServicing Wind Down Estates’ knowledge and belief, this

Objection and related exhibits comply with Local Rule 3007-1. To the extent this Objection does

not comply in all respects with the requirements of Local Rule 3007-1, the undersigned believes

such deviations are not material and respectfully requests that any such requirement be waived.

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                                             NOTICE

         48.     Notice of this Objection will be provided to: (a) the U.S. Trustee; (b) each holder

of the Disputed Claims subject to this Objection; and (c) any other party that has requested notice

pursuant to Bankruptcy Rule 2002.

                                      NO PRIOR REQUEST

         No prior request for the relief sought herein has been made by KServicing to this or any

other court with respect to the claims identified herein.

         WHEREFORE, KServicing respectfully requests that the Court enter the Order,

substantially in the form attached hereto as Exhibit A, granting the relief requested herein and

such other relief as the Court deems appropriate under the circumstances.



Dated: December 15, 2025                       MORRIS JAMES LLP

                                               /s/ Brya M. Keilson
                                               Brya M. Keilson (DE Bar No. 4643)
                                               Eric J. Monzo (DE Bar No. 5214)
                                               3205 Avenue North Blvd., Suite 100
                                               Wilmington, DE 19803
                                               Telephone: (302) 888-6800
                                               Facsimile: (302) 571-1750
                                               E-mail: bkeilson@morrisjames.com
                                               E-mail: emonzo@morrisjames.com

                                               and

                                               PERKINS COIE LLP
                                               Bradley A. Cosman (admitted pro hac vice)
                                               Kathleen Allare (admitted pro hac vice)
                                               2525 E. Camelback Road, Suite 500
                                               Phoenix, AZ 85016-4227
                                               Telephone: (602) 351-8000
                                               Facsimile: (602) 648-7000
                                               E-mail: BCosman@perkinscoie.com
                                               E-mail: KAllare@perkinscoie.com

                                               and

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                                       John D. Penn (admitted pro hac vice)
                                       500 North Akard Street, Suite 3300
                                       Dallas, TX 75201-3347
                                       Telephone: (214) 965-7700
                                       Facsimile: (214) 965-7799
                                       E-mail: JPenn@perkinscoie.com

                                       Counsel to the Post-Confirmation Debtors,
                                       operating as the Wind Down Estates




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