Declaration — In re Kabbage, Inc. d/b/a KServicing (Case No. 22-10951, Doc 577)

Summary

Declaration of Theodore E. Tsekerides, Doc 577, filed 02/24/23 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 Docket No. 576. The declarant states he is a partner at Weil, Gotshal & Manges LLP and counsel for the Debtors, and submits the declaration in support of the Debtors' Rule 2004 motion for production of documents from Financial Technology Partners LP and FTP Securities LLC. It attaches as exhibits the June 23, 2020 minutes of a special meeting of the Board of Directors of Kabbage, a December 15, 2022 letter from the Debtors' counsel to FT Partners, and several email chains between counsel dated from January 10, 2023 through February 16, 2023. It is dated February 24, 2023 and carries /s/ Theodore E. Tsekerides.

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                   Case 22-10951-CTG              Doc 577        Filed 02/24/23       Page 1 of 2




                                UNITED STATES BANKRUPTCY COURT
                                     DISTRICT OF DELAWARE

------------------------------------------------------------ x
                                                             :
In re                                                        :     Chapter 11
                                                             :
KABBAGE, INC. d/b/a KSERVICING, et al., :                          Case No. 22-10951 (CTG)
                                                             :
                        Debtors.1                            :     (Jointly Administered)
                                                             :
                                                             :     Re: Docket No. 576
                                                             :
                                                             :
------------------------------------------------------------ x

               DECLARATION OF THEODORE E. TSEKERIDES IN
        SUPPORT OF MOTION OF DEBTORS PURSUANT TO FEDERAL RULE
      OF BANKRUPTCY PROCEDURE 2004 FOR PRODUCTION OF DOCUMENTS
     FROM FINANCIAL TECHNOLOGY PARTNERS LP AND FTP SECURITIES LLC

Pursuant to 28 U.S.C. § 1746, I, Theodore E. Tsekerides, hereby declare under penalty of perjury

as follows:

           1.       I am a partner at Weil, Gotshal & Manges LLP and counsel for Kabbage, Inc. d/b/a

KServicing (the “Debtors”) in the above captioned cases. I am admitted pro hac vice to the Court

for these cases. I submit this declaration on behalf of the Debtors in support of the Motion of

Debtors Pursuant to Federal Rule of Bankruptcy Procedure 2004 for Production of Documents

from Financial Technology Partners LP and FTP Securities LLC (the “Motion”), filed

concurrently herewith.2




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.
2
    All capitalized terms used but not otherwise defined herein shall have the meaning ascribed to them in the Motion.




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                   Case 22-10951-CTG        Doc 577     Filed 02/24/23     Page 2 of 2




         2.        Attached hereto as Exhibit 1 is a true and correct copy of the June 23, 2020 Minutes

of a Special Meeting of the Board of Directors of Kabbage, Inc.

         3.        Attached hereto as Exhibit 2 is a true and correct copy the December 15, 2022

Letter from the Debtors’ counsel to FT Partners requesting production of certain documents related

to the AmEx Transaction for the Debtors’ examination.

         4.        Attached hereto as Exhibit 3 is a true and correct copy of a December 27, 2023

email chain between the Debtors’ counsel and FT Partners’ counsel.

         5.        Attached hereto as Exhibit 4 is a true and correct copy of a January 10, 2023 email

chain between the Debtors’ counsel and FT Partners’ counsel.

         6.        Attached hereto as Exhibit 5 is a true and correct copy of a January 29, 2023 email

chain between the Debtors’ counsel and FT Partners’ counsel.

         7.        Attached hereto as Exhibit 6 is a true and correct copy of a February 3, 2023 email

chain between the Debtors’ counsel and FT Partners’ counsel.

         8.        Attached hereto as Exhibit 7 is a true and correct copy of a February 7, 2023 email

sent from FT Partners’ counsel to the Debtors’ counsel.

         9.        Attached hereto as Exhibit 8 is a true and correct copy of a February 16, 2023 email

chain between the Debtors’ counsel and FT Partners’ counsel.



         Pursuant to 28 U.S.C. § 1746, I declare under penalty of perjury that the foregoing is true

and correct.

Dated: February 24, 2023
       New York, New York

                                                 /s/ Theodore E. Tsekerides
                                                 THEODORE E. TSEKERIDES



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