Motion Of Customer Bank For Authorization To File Under Seal
Summary
A motion to seal filed December 21, 2022 as Doc 359 by Customers Bank in In re Kabbage, Inc. d/b/a KServicing, et al., Case No. 22-10951 (CTG), in the U.S. Bankruptcy Court for the District of Delaware. Customers Bank asks for authority to file under seal Exhibits 3, 3(a), 6, 8, and 9 to a declaration supporting its opposition to the Debtor's motion to enforce the settlement order and settlement agreement between KServicing and Customers Bank. The motion states that those exhibits contain bank account numbers, borrowers' names and loan numbers, and that redacted versions will be filed. It relies on 11 U.S.C. § 107(b), Bankruptcy Rule 9018 and Local Rule 9018-1(b), and attaches a proposed order as Exhibit A. The hearing is set for January 6, 2023, with an objection deadline of December 29, 2022.
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Case 22-10951-CTG Doc 359 Filed 12/21/22 Page 1 of 4
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE
In re: ) Chapter 11
)
KABBAGE, INC. d/b/a KSERVICING, et al.,1 ) Case No. 22-10951 (CTG)
)
Debtors. ) (Jointly Administered)
)
) Hearing Date: January 6, 2023 at 10:00 a.m.
) Obj. Deadline: December 29, 2022 at 4:00 p.m.
) Related Docket No. 358
MOTION OF CUSTOMER BANK FOR AUTHORIZATION TO FILE UNDER SEAL
EXHIBITS 3, 3(a), 6, 8, AND 9 TO THE DECLARATION OF ALYSSA WHITE IN
SUPPORT OF OPPOSITION OF CUSTOMER’S BANK TO DEBTOR’S MOTION FOR
AN ORDER ENFORCING THE SETTLEMENT ORDER AND SETTLEMENT
AGREEMENT BETWEEN KSERVICING AND CUSTOMERS BANK
Customers Bank (“Customers Bank”) respectfully submits this motion (the “Motion to
Seal”), pursuant to section 107(b) of the Bankruptcy Code, Fed. R. Civ. Pro. 9018, and Del.
Bankr. L.R. 9018-1, seeking entry of an Order authorizing it to file under seal exhibits 3, 3(a), 6,
8, and 9 to the Declaration of Alyssa White in Support of Opposition of Customer’s Bank to
Debtor’s Motion for an Order Enforcing the Settlement Order and Settlement Agreement
Between KServicing and Customers Bank (the “Second White Declaration”). In support of this
Motion to Seal, Customers Bank respectfully represents as follows:
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). Kabbage is a
trademark of American Express used under license; Kabbage, Inc. d/b/a KServicing is not affiliated with
American Express. The Debtors’ mailing and service address is 925B Peachtree Street NE, Suite 383,
Atlanta, GA 30309.
Case 22-10951-CTG Doc 359 Filed 12/21/22 Page 2 of 4
JURISDICTION
1. This Court has jurisdiction to consider this Motion under 28 U.S.C. §§ 157 and
1334. This is a core proceeding under 28 U.S.C. §§ 1408 and 1409(a). Customers Bank
confirms its consent pursuant to Del. Bankr. L. R. 9013-1(f) to the entry of a final order by the
Court in connection with this Motion to the extent that it is later determined that the Court,
absent consent of the parties, cannot enter final orders or judgments in connection herewith
consistent with Article III of the United States Constitution.
2. The statutory predicates for the relief requested herein are Bankruptcy Code
sections 107(b), Bankruptcy Rule 9018, and Local Rule 9018-1(b).
RELIEF REQUESTED
3. On December 21, 2022, Customers Bank filed the Second White Declaration.
Exhibits 3, 3(a), 6, 8, and 9 to the Second White Declaration contain sensitive information, such
as bank account numbers, borrowers’ names and loan numbers. Customers Bank files this
Motion to Seal requesting that the Court grant it permission to file Exhibits 3, 3(a), 6, 8, and 9
under seal. Customers bank will file redacted versions of these exhibits without the bank account
numbers, borrowers’ names and loan numbers.
BASIS FOR RELIEF REQUESTED
4. Section 107(b) of the Bankruptcy Code provides this Court with the authority to
issue orders that will protect entities from potential harm that may result from the disclosure of
certain information. The section provides, in relevant part:
(b) On request of a party in interest, the bankruptcy court shall, and on
the bankruptcy court’s own motion, the bankruptcy court may –
(1) protect an entity with respect to a trade secret or
confidential research, development, or commercial
information….
2
Case 22-10951-CTG Doc 359 Filed 12/21/22 Page 3 of 4
11 U.S.C. § 107(b). Fed. R. Bankr. P. 9018 sets forth the procedures by which a party may move
for relief under section 107(b), providing that “[o]n motion or on its own initiative, with or
without notice, the court may make any order which justice requires (1) to protect the estate or
any entity in respect of a trade secret or other confidential research, development, or commercial
information….” Del. Bankr. P. L. Rule 9018-1(b) additionally provides, in relevant part, that
“[a]ny party who seeks to file documents under seal must file a motion to that effect.”.
5. As set forth above, Exhibits 3, 3(a), 6, 8, and 9 contain sensitive information such
as bank account numbers, borrowers’ names and loan numbers. Accordingly, Customers Bank
submits that cause exists to grant its request to seal and respectfully requests the entry of an order
permitting it to file the Exhibits under seal.
CONCLUSION
WHEREFORE, Customers Bank respectfully requests the Court enter an Order
substantially in the form attached hereto as Exhibit A granting Customers Bank authority to file
Exhibits 3, 3(a), 6, 8, and 9 of the Second White Declaration under seal and granting such other
and further relief as the Court may deem just and proper.
Date: December 21, 2022 SULLIVAN • HAZELTINE • ALLINSON LLC
Wilmington, Delaware
/s/ William A. Hazeltine
William A. Hazeltine (No. 3294)
919 North Market Street, Suite 420
Wilmington, DE 19801
Tel. (302) 428-8191
Fax (302) 428-8195
Email: whazeltine@sha-llc.com
and
3
Case 22-10951-CTG Doc 359 Filed 12/21/22 Page 4 of 4
HOLLAND & KNIGHT LLP
John J. Monaghan (admitted pro hac vice)
Jeremy M. Sternberg (admitted pro hac vice)
Lynne B. Xerras (pro hac vice forthcoming)
10 St. James Avenue
Boston, MA 02116
Telephone: 617-523-2700
Facsimile: 617-523-685
john.monaghan@hklaw.com
jeremy.sternberg@hkaw.com
lynne.xerras@hklaw.com
Counsel to Customers Bank
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