No-Objection Certificate on Customers Bank Motion — Kabbage

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A Certificate of No Objection filed December 30, 2022 as Doc 393 in In re: Kabbage, Inc. d/b/a KServicing, et al., Case No. 22-10951 (CTG), jointly administered Chapter 11 cases in the United States Bankruptcy Court for the District of Delaware. Counsel for Customers Bank certifies that no answer, objection or responsive pleading was received or appears on the docket regarding the Customers Bank motion to seal at DI 359, which seeks to file under seal exhibits to a declaration supporting its opposition to the debtor's motion to enforce a settlement order. The motion was filed on December 21, 2022, and responses were due by December 28, 2022 at 4:00 p.m. The certificate asks the Court to enter the order attached to the motion as Exhibit A. It is signed by William A. Hazeltine, with Holland & Knight LLP as co-counsel.

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              Case 22-10951-CTG           Doc 393      Filed 12/30/22     Page 1 of 2




                     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. 359

         CERTIFICATE OF NO OBJECTION REGARDING THE MOTION OF
         CUSTOMERS 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 CUSTOMERS BANK TO DEBTOR’S MOTION FOR
       AN ORDER ENFORCING THE SETTLEMENT ORDER AND SETTLEMENT
          AGREEMENT BETWEEN KSERVICING AND CUSTOMERS BANK

         The undersigned, counsel for Customers Bank (“Customers Bank”) in the above

captioned case, hereby certifies as follows:

         1.    On December 21, 2022, Customers Bank filed its Motion of Customers Bank for

Authorization to File Under Seal Exhibits 3, 3(a), 6 8, and 9 of the Declaration of Alyssa White

in Support of the Opposition of Customers Bank to Debtor’s Motion for an Order Enforcing the

Settlement Order and Settlement Agreement Between KServicing and Customers Bank (the

“Motion to Seal”) [DI 359].

         2.    The undersigned certifies that (i) he has received no answer, objection, or

responsive pleading with respect to the Motion to Seal and (ii) he has reviewed the Court’s

docket in the above captioned cases and no answer, objection, or other responsive pleading to the

Motion to Seal appears thereon. Pursuant to the Notice of Motion filed with the Motion to Seal,

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 393       Filed 12/30/22   Page 2 of 2




responses to the Motion to Seal were to be filed and served no later than December 28, 2022 at

4:00 p.m. Eastern Standard Time.

       WHEREFORE, the Trust respectfully requests that this Honorable Court enter the Order

attached to the Motion to Seal as Exhibit A.

Date: December 30, 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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