Cross River Bank's Witness and Exhibit List — In re Kabbage, Inc. d/b/a KServicing (Case No. 22-10951, Doc 207)

Summary

Cross River Bank's Witness and Exhibit List, Doc 207, filed 11/04/22 in Case No. 22-10951 (CTG) in the United States Bankruptcy Court for the District of Delaware, in the Chapter 11 case of Kabbage d/b/a KServicing, et al., regarding Dkt. No. 172. It concerns the hearing at 1:00 p.m. (Eastern Time) on November 7, 2022 on the Debtors' motion to authorize and approve the settlement agreement between KServicing and Customers Bank. Cross River states that it does not presently intend to offer testimony from any witness but reserves the right to do so, and reserves the right to submit any rebuttal exhibit or exhibit identified by any other party. It also reserves the right to amend its designations in light of the shortened notice of the Debtors' motion.

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

Cite this document

“Cross River Bank's Witness and Exhibit List — In re Kabbage, Inc. d/b/a KServicing (Case No. 22-10951, Doc 207).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/gov-uscourts-deb-188293-207-0-bad2da1042/, SHA-256 d2c6921dec022ecfb837284ccfca93367669f74018e5397edd2abdc2e3498b21.

Full text

Case 22-10951-CTG Doc 207 Filed 11/04/22 Page 1 of 3

IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE

In re Chapter 11

KABBAGE, INC. d/b/a KSERVICING, et al., Case No. 22-10951 (CTG)

Debtors.1 (Jointly Administered)

Re: Dkt. No. 172

CROSS RIVER BANK’S WITNESS AND EXHIBIT LIST FOR NOVEMBER 7,
2022, AT 1:00 P.M. (EASTERN TIME) HEARING CONCERNING DEBTORS’
MOTION FOR ENTRY OF AN ORDER (I) AUTHORIZING AND APPROVING
THE SETTLEMENT AGREEMENT BETWEEN KSERVICING AND
CUSTOMERS BANK AND (II) GRANTING RELATED RELIEF [ECF 172]

Cross River Bank (“Cross River”) hereby discloses that it intends to introduce and/or

reserve the right to call the following witnesses, and intends to and/or reserves the right to

introduce the following exhibits at the hearing scheduled for November 7, 2022, at 1:00 p.m.

(Eastern Time) (the “Hearing”) concerning the Debtors’ Motion for Entry of an Order (I)

Authorizing and Approving the Settlement Agreement between KServicing and Customers Bank

and (II) Granting Related Relief [ECF 172], and any objections thereto, including the objection

being contemporaneously filed by Cross River.

WITNESSES

1. Cross River does not presently intend to offer testimony from any witness, but

reserves the right to do so. Cross River reserves the rights to cross-examine any witness

identified by any other party and to call any other party’s witness as a rebuttal witness.

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: Kabbage, Inc. d/b/a KServicing (3937); Kabbage Canada Holdings, LLC (N/A);
Kabbage Asset Securitization LLC (N/A); Kabbage Asset Funding 2017-A LLC (4803); Kabbage Asset
Funding 2019-A LLC (8973); and Kabbage Diameter, LLC (N/A) (collectively, the “Debtors”).

Case 22-10951-CTG Doc 207 Filed 11/04/22 Page 2 of 3

EXHIBITS

2. Cross River reserves the right to submit any rebuttal exhibit or exhibit identified

by any other party at the Hearing.

RESERVATION OF RIGHTS

3. In light of the shortened notice of Debtors’ motion, among other things, Cross

River reserves the right to amend, supplement and modify these designations in all respects,

including without limitation by using additional witnesses or exhibits, as necessary. Cross River

reserves the right to call rebuttal witnesses to any fact witnesses disclosed or called by any party

at the Hearing. Cross River reserves the right to call any witnesses identified by any party at the

Hearing. Cross River reserves the right to add additional witnesses upon notice to the Court and

the other parties at the Hearing. Cross River reserves the right to add additional exhibits upon

notice to the Court and other parties at the Hearing. Cross River reserves the right to introduce

into evidence (i) any exhibit listed by any other party, (ii) any documents for the purposes of

rebuttal or impeachment, or (iii) any pleadings or other court filings.

Dated: November 4, 2022 Respectfully submitted,
Wilmington, Delaware
BENESCH, FRIEDLANDER, COPLAN
& ARONOFF LLP

/s/ Gregory W. Werkheiser
Gregory W. Werkheiser (No. 3553)
1313 N. Market Street, Suite 1201
Wilmington, Delaware 19801
Telephone: (302) 442-7010
Facsimile: (302) 442-7012
gwerkheiser@beneschlaw.com

Case 22-10951-CTG Doc 207 Filed 11/04/22 Page 3 of 3

- and-

QUINN EMANUEL URQUHART
& SULLIVAN, LLP

Susheel Kirpalani
51 Madison Avenue, 22nd Floor
New York, NY 10010
Telephone: (212) 849-7000
susheelkirpalani@quinnemanuel.com

Matthew R. Scheck
300 West 6th Street, Suite 2010
Austin, TX 78701
Telephone: (737) 667-6100
matthewscheck@quinnemanuel.com

Counsel to Cross River Bank

File and source

File: gov.uscourts.deb.188293.207.0.pdf
Size: 165,408 bytes
SHA-256: d2c6921dec022ecfb837284ccfca93367669f74018e5397edd2abdc2e3498b21
Our copy: gov.uscourts.deb.188293.207.0.pdf
Original: archive.org