Certification Of Counsel Regarding Motion Of Customers Bank
Summary
A Certification of Counsel filed December 28, 2022 as Doc 383 by counsel for Customers Bank in the jointly administered Chapter 11 cases of Kabbage, Inc. d/b/a KServicing, et al., Case No. 22-10951 (CTG), in the U.S. Bankruptcy Court for the District of Delaware. It concerns Customers Bank's motion to seal, docketed as Related Docket No. 338, which asks to file under seal Exhibits A and C to a declaration supporting its motion to compel compliance with a court-approved settlement agreement and for additional adequate protection. Counsel states that no written objections were filed, and that at the U.S. Trustee's request the bank filed revised redacted versions of Exhibits A and C instead of sealing them entirely. The certification states the U.S. Trustee does not oppose the proposed order, attached as Exhibit A, with a blackline attached as Exhibit B.
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Case 22-10951-CTG Doc 383 Filed 12/28/22 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.,1 ) Case No. 22-10951 (CTG)
)
Debtors. ) (Jointly Administered)
)
) Related Docket No. 338
CERTIFICATION OF COUNSEL REGARDING MOTION OF CUSTOMERS BANK
FOR AUTHORIZATION TO FILE UNDER SEAL EXHIBITS A AND C TO THE
DECLARATION OF ALYSSA WHITE IN SUPPORT OF THE MOTION OF
CUSTOMERS BANK FOR ENTRY OF AN ORDER (I) COMPELLING COMPLIANCE
WITH COURT APPROVED SETTLEMENT AGREEMENT AND ORDER; (II)
REQUIRING ADDITIONAL ADEQUATE PROTECTION IN FAVOR OF CUSTOMERS
BANK; AND (III) GRANTING RELATED RELIEF
Undersigned counsel for Customers Bank (the “Movant”) in the above-captioned cases
hereby certifies as follows:
1. On December 7, 2022, the Movant filed its Motion of Customers Bank for
Authorization to File Under Seal Exhibits A and C of the Declaration of Alyssa White in Support
of the Motion of Customers Bank for Entry of an Order (I) Compelling Compliance With Court
Approved Settlement Agreement and Order; (II) Requiring Additional Adequate Protection In
Favor of Customers Bank; and (III) Granting Related Relief [DI 338] (the “Motion to Seal”).
Pursuant to the Notice of Motion, the deadline to object or respond to the Motion to Seal was
December 21, 2022. The objection deadline was extended to December 28, 2022 for the Office of
the U.S. Trustee (the “U.S. Trustee”).
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 383 Filed 12/28/22 Page 2 of 3
2. The Movant also filed its Notice of Filing Redacted Version of Exhibits A and C to
the White Declaration [DI 339] on December 7, 2022. The entirety of both Exhibit A and Exhibit
C were redacted.
3. No written objections or responses to the Application have been filed with the Court
or received by the Movant. The U.S. Trustee requested that Movant file redacted versions of
Exhibits A and C rather than filing the entire exhibits under seal. The Movant filed its Re-Notice
of Filing Redacted Version of Exhibits A and C to the White Declaration [DI 339] on December
28, 2022. Prior to filing, Movant’s counsel circulated the revised redacted versions of Exhibits A
and C to the U.S. Trustee. The undersigned certifies that revised redacted versions of Exhibits A
and C and the proposed order attached hereto as Exhibit A (the “Proposed Order”) resolve the
concerns raised by the U.S. Trustee. The U.S. Trustee does not oppose the entry of the Proposed
Order.
4. A blacklined version of the Proposed Order showing changes from the Order filed
with the Motion to Seal is attached hereto as Exhibit B.
2
Case 22-10951-CTG Doc 383 Filed 12/28/22 Page 3 of 3
WHEREFORE, the Movant respectfully requests that this Honorable Court enter the
Proposed Order attached hereto as Exhibit A.
Date: December 28, 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
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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