Request For Judicial Notice In Support Of (I) Kservicing Wind Down
Summary
A request for judicial notice filed December 28, 2023 as Doc 1002 in In re KServicing Wind Down Corp., et al., Case No. 22-10951 (CTG), jointly administered post-confirmation Chapter 11 cases in the United States Bankruptcy Court for the District of Delaware, by Morris James LLP and Perkins Coie LLP as counsel to the post-confirmation debtors. It supports three claim objections: to the Juneau Group's claims, to Claim Nos. 95 and 149 arising from a class action, and to a claim by an individual claimant. The request asks the court to notice a Georgia state court civil summons and complaint, pleadings, an order and the docket from the class action in the Northern District of Georgia, and an indictment, complaint, order of dismissal and docket from Southern District of Texas cases. The documents are attached as eleven numbered exhibits.
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Case 22-10951-CTG Doc 1002 Filed 12/28/23 Page 1 of 4
UNITED STATES BANKRUPTCY COURT
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 Nos. 998, 999, 1000
REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF (I) KSERVICING WIND DOWN
CORP.’S OBJECTION TO THE JUNEAU GROUP’S CLAIMS; (II) KSERVICING
WIND DOWN CORP.’S OBJECTION TO CLAIM NOS. 95 AND 149; AND (III)
KSERVICING WIND DOWN CORP.’S OBJECTION TO THE WIGGINS CLAIM
The above captioned post-confirmation debtors (collectively, “KS Wind Down”) hereby
request that the Court take judicial notice of the following documents in support of (i) KServicing
Wind Down Corp.’s Objection to the Juneau Group’s Claims (“Juneau Group Objection”);
(ii) KServicing Wind Down Corp.’s Objection to Claim Nos. 95 and 149 (“Class Action
Objection”); and (iii) KServicing Wind Down Corp.’s Objection to the Wiggins Claim (“Wiggins
Objection” and together with the Juneau Group Objection and the Class Action Objection,
the “Objections”).2
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.
2
Capitalized terms used but not defined herein shall have the meanings given to them in the respective
Objection.
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Case 22-10951-CTG Doc 1002 Filed 12/28/23 Page 2 of 4
A. Juneau Group Objection
1. On December 18, 2023, KS Wind Down was sent a copy of a complaint and civil
summons filed on February 21, 2023 in the State Court of Georgia for Hall County, relating to an
action captioned In re the Juneau Group, LLC v. American Express International d/b/a Kabbage,
Inc and/or KServicing. In support of the Juneau Objection, KS Wind Down requests that the Court
take judicial notice of:
• Civil Summons and Complaint, dated February 21, 2023, attached as Exhibit 1.
B. Class Action Objection
2. On March 30, 2022, Jason Carr, Vicki LeMaster, Edward Ford Services LLC,
Carlton Morgan¸ 365 Sun LLC, and Candice Worthy (together, the “Representative Plaintiffs”)
filed a complaint (the “Complaint”) commencing the Class Action in the Northern District of
Georgia. The case was administered under Case No. 22-01249. In support of the Class Objection,
KS Wind Down requests that the Court take judicial notice of:
• Class Action Complaint dated March 30, 2022, ECF No. 1, attached as Exhibit 2;
• Defendant Kabbage, Inc., d/b/a KServicing’s Motion to Dismiss and Request for
Oral Argument and Memorandum of Law in Support of its Motion to Dismiss, dated
May 31, 2022, ECF Nos. 12, 12-1, attached as Exhibit 3;
• Plaintiff’s Opposition to Defendant’s Motion to Dismiss and Request for Oral
Argument, dated July 11, 2022, ECF No. 18, attached as Exhibit 4;
• Defendant Kabbage, Inc., d/b/a KServicing’s Reply in Further Support of its
Motion Dismiss, dated July 25, 2022, ECF No. 20, attached as Exhibit 5;
• Order, ECF 22, dated March 31, 2023, attached as Exhibit 6; and
• A copy of the Class Action ECF Docket, attached as Exhibit 7.
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Case 22-10951-CTG Doc 1002 Filed 12/28/23 Page 3 of 4
C. Wiggins Claim Objection
3. On February 24, 2021, the United States Attorney filed a criminal indictment
against Wiggins. The criminal case is proceeding in the United States Court for the Southern
District of Texas under the Case No. 21-cr-00066. In support of the Wiggins Objection, KS Wind
Down requests that the Court take judicial notice of:
• Criminal Indictment, dated February 24, 2021, ECF No. 1, attached as Exhibit 8.
4. On September 23, 2022, Wiggins filed a complaint (“Complaint”) in the United
States District for the Southern District of Texas against American Express Kabbage Inc.,
Kabbage, Inc., K-Servicing, Inc., Radius Intelligence, AWS, and American Express Company
proceeding under the Case No. 4:22-CV-03302 (“Civil Case”). I have reviewed the Complaint
and other pleadings in the Civil Case. In support of the Wiggins Objection, KS Wind Down
requests that the Court take judicial notice of:
• Complaint, dated September 23, 2022, ECF No. 1, attached as Exhibit 9;
• Order of Dismissal, dated March 30, 2023, ECF No. 24, attached as Exhibit 10;
• A copy of the Civil Case ECF Docket, attached as Exhibit 11.
[Remainder of Page Intentionally Left Blank]
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Case 22-10951-CTG Doc 1002 Filed 12/28/23 Page 4 of 4
For the reasons above, the KS Wind Down respectfully requests judicial notice of each of
the attached and above referenced documents.
Dated: December 28, 2023 MORRIS JAMES LLP
/s/ Brya M. Keilson
Eric J. Monzo (DE Bar No. 5214)
Brya M. Keilson (DE Bar No. 4643)
Tara C. Pakrouh (DE Bar No. 6192)
500 Delaware Avenue, Suite 1500
Wilmington, DE 19801
Telephone: (302) 888-6800
Facsimile: (302) 571-1750
E-mail: emonzo@morrisjames.com
E-mail: bkeilson@morrisjames.com
E-mail: tpakrouh@morrisjames.com
and
PERKINS COIE LLP
Bradley A. Cosman (admitted pro hac vice)
Kathleen Allare (admitted pro hac vice)
2901 North Central Avenue, Suite 2000
Phoenix, AZ 85012-2788
Telephone: (602) 351-8000
Facsimile: (602) 648-7000
E-mail: BCosman@perkinscoie.com
E-mail: KAllare@perkinscoie.com
and
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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