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Home Court filings Exhibit A — KServicing Wind Down Corp. (22-10951) (Dkt. 173.1) Exhibit A — Exhibit A — KServicing Wind Down Corp. (22-10951) (Dkt. 173.1) (Dkt. 173.1)

Court filing

Exhibit A — Exhibit A — KServicing Wind Down Corp. (22-10951) (Dkt. 173.1) (Dkt. 173.1)

Record facts

CourtU.S. court record
Filed2022-10-28

U.S. court record · No. 22-10951 · Doc. 173-1 · 2022-10-28 · Docket on CourtListener

Summary

Exhibit A to a debtors' motion, a proposed order filed October 28, 2022 as Doc 173-1 in In re Kabbage, Inc. d/b/a KServicing et al., Case 22-10951-CTG, jointly administered Chapter 11 cases in the U.S. Bankruptcy Court for the District of Delaware. The proposed order would shorten the notice and objection periods for the Debtors' motion seeking approval of a settlement agreement between KServicing and Customers Bank. It would set the Settlement Motion for hearing on November 7, 2022 at 1:00 p.m. (Eastern Time) and require objections by November 4, 2022, at 4:00 p.m. (Eastern Time). It cites 28 U.S.C. § 157(b) for core-proceeding status, and a footnote lists the debtor entities in the three-page proposed order.

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Full text

RLF1 28165828v.1 
Exhibit A 
Proposed Order 
 
Case 22-10951-CTG    Doc 173-1    Filed 10/28/22    Page 1 of 3

 
 
 
 
RLF1 28165828v.1 
UNITED STATES BANKRUPTCY COURT 
DISTRICT OF DELAWARE 
------------------------------------------------------------ x 
 
 
: 
 
In re 
: 
Chapter 11 
 
: 
 
KABBAGE, INC. d/b/a KSERVICING et al., 
: 
Case No. 22-19051 (CTG) 
 
: 
 
 
: 
 
Debtors.1 
: 
(Jointly Administered) 
 
 
 
: 
 
------------------------------------------------------------ x 
Re: Docket No. [•] 
 
 
 
ORDER SHORTENING NOTICE AND  
OBJECTION PERIODS FOR DEBTORS’ MOTION FOR ENTRY 
OF AN ORDER AUTHORIZING AND APPROVING THE SETTLEMENT 
AGREEMENT BETWEEN KSERVICING AND CUSTOMERS BANK  
 
 
Upon the motion (the “Motion”)2 of Kabbage Inc. d/b/a KServicing (the 
“Company”) and its debtor affiliates, as debtors and debtors in possession in the chapter 11 cases 
(collectively, the “Debtors”), for the entry of an order shortening the notice and objection periods 
for the Settlement Motion, all as more fully described in the Motion; and the Court having 
jurisdiction to consider the Motion and the relief requested therein pursuant to 28 U.S.C. 
§§ 157(a)–(b) and 1334(b), and the Amended Standing Order of Reference from the United States 
District Court for the District of Delaware, dated February 29, 2012; and consideration of the 
Motion and the requested relief being a core proceeding pursuant to 28 U.S.C. § 157(b); and venue 
being proper before this Court pursuant to 28 U.S.C. §§ 1408 and 1409; and due and proper notice 
 
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 Capitalized terms used but not otherwise defined herein shall have the respective meanings ascribed to them in the 
Motion.  
Case 22-10951-CTG    Doc 173-1    Filed 10/28/22    Page 2 of 3

 
2 
 
 
 
1 
of the Motion having been provided; and such notice having been adequate and appropriate under 
the circumstances; and it appearing that no other or further notice need be provided; and this Court 
having determined that the legal and factual bases set forth in the Motion establish just cause for 
the relief granted herein; and upon all of the proceedings had before the Court and after due 
deliberation and sufficient cause appearing therefor, 
IT IS HEREBY ORDERED THAT: 
1. 
The Motion is GRANTED as set forth herein.   
2. 
The Settlement Motion shall be heard at the hearing on November 7, 2022 
at 1:00 p.m. (Eastern Time).   
3. 
Objections, if any, to the relief requested in the Settlement Motion shall be 
filed and served no later than November 4, 2022, at 4:00 p.m. (Eastern Time). 
4. 
This Court retains exclusive jurisdiction with respect to all matters arising 
from or related to the implementation, interpretation, and enforcement of this Order. 
 
Case 22-10951-CTG    Doc 173-1    Filed 10/28/22    Page 3 of 3

File and source

File
gov.uscourts.deb.188293.173.1.pdf
Size
192,983 bytes
SHA-256
c945d093b4bb345ff694164256a2dee2591522f82a73c840e5be34a05a9b605f
Our copy
gov.uscourts.deb.188293.173.1.pdf
Original
archive.org
  1. Motion to Shorten Notice — Customers Bank Settlement — In re KServicing (Bankr. D. Del.)same docket · 2022-10-28
  2. Revised December 2010same docket · 2022-10-27
  3. Order Authorizing Retention of Richards, Layton & Finger as Co-Counsel — In re KServicing (Bankr. D. Del.)same docket · 2022-10-28
  4. Kabbage - RLF Retention Order [Revised].dotxsame docket · 2022-10-27
  5. Order Shortening Notice — Customers Bank Settlement Hearing — In re KServicing (Bankr. D. Del.)same docket · 2022-10-28
  6. Exhibit A, Proposed Order Approving Customers Bank Settlement — In re KServicing (Dkt. 172-2)same docket · 2022-10-27
  7. Motion to Approve Disclosure Statement and Solicitation Procedures — In re KServicingsame docket · 2022-10-31
  8. Motion to Approve Settlement Agreement — KServicing and Customers Bank — In re KServicing (Bankr. D. Del.)same docket · 2022-10-27
  9. Order - Kservicing Bankruptcy (2022-10-26)same docket · 2022-10-26
  10. entered an order (the “Bar Date Order”) establishing the following Bar Datessame docket · 2022-10-26
  11. Kabbage - Motion to Approve Disclosure Statement As Filedsame docket · 2022-10-31
  12. Trinity - Jones Day Supplemental Lelling Declaration (WGM comments 10.25.22)same docket · 2022-10-26
  13. Supplemental Declaration of Lelling re Jones Day Retention — In re KServicing (Bankr. D. Del.)same docket · 2022-10-26
  14. Notice of Application to Retain Jones Day as Special Counsel — In re Kabbage, Inc. d/b/a KServicingsame docket · 2022-10-31
  15. Order Establishing Bar Dates for Proofs of Claim — In re KServicingsame docket · 2022-10-26
  16. Notice of Bar Date Deadlines to File Proofs of Claim — In re KServicing (Bankr. D. Del.)same docket · 2022-10-26
  17. Revised Ordersame docket · 2022-10-25
  18. Kabbage - COC re Jones Day Retention App, Doc. 189-2 — In re KServicing Wind Down Corp., et al.same docket · 2022-11-01
  19. Order (I) Establishing A General Bar Date To Filesame docket · 2022-10-25
  20. Kabbage - COC re Jones Day Retention App, Doc. 189-1 — In re KServicing Wind Down Corp., et al.same docket · 2022-11-01

Part of: U.S. Bankruptcy Court for the District of Delaware · Other pandemic litigation · Bankruptcies · Exhibits and declarations · 2022 · Court filings

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