Notice of Bar Date Deadlines to File Proofs of Claim — In re KServicing (Bankr. D. Del.)

Record facts

U.S. Bankruptcy Court for the District of Delaware · No. 22-10951 · Doc. 169 · 2022-10-26 · Docket on CourtListener

Full text

RLF1 28158238v.1 
UNITED STATES BANKRUPTCY COURT, DISTRICT OF DELAWARE 
In re   
 
KABBAGE, INC. D/B/A KSERVICING, et al., 
 
 
 
 
Debtors. 
Chapter 11 Case Nos.: 22-10951 (CTG) 
Through 22-10956 
(Jointly Administered) 
NOTICE OF DEADLINES TO FILE PROOFS OF CLAIM  
TO: ALL PERSONS AND ENTITIES WHO MAY HAVE CLAIMS AGAINST ANY OF THE FOLLOWING DEBTOR 
ENTITIES: 
Name of Debtor 
Case Number 
Tax Identification Number 
Kabbage, Inc.  
22-10951 
36-4973937 
Kabbage Canada Holdings, LLC 
22-10952 
N/A 
Kabbage Asset Securitization, LLC 
22-10953 
N/A 
Kabbage Asset Funding 2017-A LLC 
22-10954 
61-1854803 
Kabbage Asset Funding 2019-A LLC 
22-10955 
83-4698973 
Kabbage Asset Diameter, LLC 
22-10956 
N/A 
OTHER NAMES USED BY THE DEBTORS IN THE PAST 8 YEARS: 
Kabbage, Inc. 
d/b/a KServicing, Inc., KService Corp., KServicing, and Kabbage Platform 
(Kabbage Platform used solely in the state of New York) 
Attorneys for Debtors 
Daniel J. DeFranceschi (No. 2732) 
Zachary I. Shapiro (No. 5103) 
RICHARDS, LAYTON & FINGER, P.A. 
One Rodney Square 
920 N. King Street 
Wilmington, Delaware 19801 
Telephone:  (302) 651-7700 
Facsimile:  (302) 651-7701 
Attorneys for Debtors 
Ray C. Schrock, P.C. 
Natasha S. Hwangpo, Esq.  
Chase A. Bentley, Esq.  
WEIL, GOTSHAL & MANGES LLP 
767 Fifth Avenue 
New York, New York 10153 
Telephone:  (212) 310-8000 
Facsimile:  (212) 310-8007 
Address of the Clerk of the Bankruptcy Court 
                 Clerk of the United States Bankruptcy Court, 
                 824 North Market Street, 3rd Floor, Wilmington, DE 19801 
Telephone: 302-252-2900 
Hours Open: 8:00 a.m.–4:00 p.m. Monday–Friday 
PLEASE TAKE NOTICE THAT: 
YOU ARE RECEIVING THIS NOTICE BECAUSE YOU MAY HAVE A CLAIM AGAINST THE 
DEBTORS IN THE ABOVE-CAPTIONED CHAPTER 11 CASES.  THEREFORE, YOU SHOULD READ 
THIS NOTICE CAREFULLY AND CONSULT AN ATTORNEY IF YOU HAVE ANY QUESTIONS, 
INCLUDING WHETHER YOU SHOULD FILE A PROOF OF CLAIM. 
On October 3, 2022 (the “Petition Date”), the Debtors commenced with the Court voluntary cases 
under the Bankruptcy Code (the “Chapter 11 Cases”). The Debtors are authorized to continue operating their business 
and managing their properties as debtors in possession pursuant to section 1107(a) and 1108 of the Bankruptcy Code. 
No trustee, examiner, or statutory committee has been appointed in these Chapter 11 Cases.  
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On October 26, 2022, the Bankruptcy Court, having jurisdiction over the Chapter 11 Cases of the 
Debtors, entered an order (the “Bar Date Order”) establishing the following Bar Dates:   
i. 
November 30, 2022 at 5:00 p.m. (Prevailing Eastern Time) as the deadline for each person or entity 
(including individuals, partnerships, corporations, joint ventures, and trusts, but not including any 
governmental units (as defined in section 101(27) of the Bankruptcy Code) (“Governmental Units”)), 
to file a proof of claim (each, a “Proof of Claim”) in respect of a prepetition claim (as defined in section 
101(5) of the Bankruptcy Code), including, for the avoidance of doubt, secured claims, unsecured 
priority claims, and unsecured non-priority claims (the “General Bar Date”), unless otherwise provided 
herein; 
ii. 
April 3, 2023 at 5:00 p.m. (Prevailing Eastern Time) as the deadline for Governmental Units to file a 
Proof of Claim in respect of a prepetition claim against any of the Debtors (the “Governmental Bar 
Date”); 
iii. 
the later of (i) the General Bar Date or the Governmental Bar Date, as applicable, and (ii) 5:00 
p.m. (Prevailing Eastern Time) on the date that is thirty (30) days from the date on which the 
Debtors serve an applicable claimant with notice of a previously unscheduled claim, an 
amendment to the Schedules (which, for avoidance of doubt, shall include a change to whether a 
claim is listed on the Schedules as “contingent,” “unliquidated,” or disputed,”) or a supplement to 
the Schedules (as defined herein) as the deadline by which claimants holding claims affected by such 
filing, amendment, or supplement must file Proofs of Claim with respect to such claim (the “Amended 
Schedules Bar Date”); and 
iv. 
the later of (i) the General Bar Date or the Governmental Bar Date, as applicable, and (ii) 5:00 
p.m. (Prevailing Eastern Time) on the date that is thirty (30) days following the date an applicable 
claimant is served of an order approving rejection of any executory contract or unexpired lease of 
the Debtors as the deadline by which claimants asserting claims resulting from the Debtors’ rejection 
of an executory contract or unexpired lease must file Proofs of Claim for damages arising from such 
rejection1 (the “Rejection Damages Bar Date,” and, collectively with the General Bar Date, the 
Governmental Bar Date, and the Amended Schedules Bar Date, the “Bar Dates”). 
You may be a creditor of one or more of the debtors.  
If you have any questions relating to this Notice, please feel free to contact Omni Agent 
Solutions  (“Omni”) at (866) 956-2138 (toll free) or (747) 226-5953 (international) or by e-mail at 
KServicingInquiries@OmniAgnt.com. 
NOTE:  The staff of the Bankruptcy Clerk’s Office, the Office of the United States Trustee, and the Debtors’ Claims 
and Noticing Agent cannot give legal advice. 
INSTRUCTIONS: 
1. 
 WHO MUST FILE A PROOF OF CLAIM  
Except as otherwise set forth herein, the following entities holding claims against the Debtors arising prior 
to the Petition Date are required to file Proofs of Claim on or before the applicable Bar Date: 
a. 
any person or entity whose claim against a Debtor is not listed in the applicable Debtor’s 
Schedules or is listed as “contingent,” “unliquidated,” or “disputed,” if such entity desires 
to participate in any of these Chapter 11 Cases or share in any distribution in any of these 
Chapter 11 Cases;  
 
1  Provided that notwithstanding the foregoing, a party to an executory contract or unexpired lease that has not been 
rejected by the Debtors by the date of entry of the Bar Date Order who asserts a claim on account of unpaid amounts 
accrued and outstanding as of the Petition Date pursuant to such executory contract or unexpired lease (other than 
a rejection damages claim) must file a Proof of Claim for such amounts on or before the applicable Bar Date, unless 
an exception identified in this Motion or the Proposed Order applies. 
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b. 
any person or entity that believes that its claim is improperly classified in the Schedules or 
is listed in an incorrect amount and that desires to have its claim allowed in a different 
classification or amount other than that identified in the Schedules; and 
c. 
any person or entity that believes that any prepetition claim as listed in the Schedules is not 
an obligation of the specific Debtor against which the claim is listed and that desires to 
have its claim allowed against a Debtor other than the Debtor identified in the Schedules. 
Pursuant to section 101(5) of the Bankruptcy Code and as used in this Notice, the word “claim” means (i) a 
right to payment, whether or not such right is reduced to judgment, liquidated, unliquidated, fixed, contingent, 
matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured; or (ii) a right to an equitable remedy 
for breach of performance if such breach gives rise to a right to payment, whether or not such right to an equitable 
remedy is reduced to judgment, fixed, contingent, matured, unmatured, disputed, undisputed, secured, or unsecured.  
Further, claims include unsecured claims, secured claims, and priority claims. 
Pursuant to section 101(15) of the Bankruptcy Code and as used in this Notice, the term “entity” has the 
meaning given to it in section 101(15) of the Bankruptcy Code, and includes all persons, estates, trusts, and 
governmental units.  In addition, the terms “persons” and “governmental units” are defined in sections 101(41) and 
101(27) of the Bankruptcy Code, respectively. 
2. 
WHO NEED NOT FILE A PROOF OF CLAIM  
The persons or entities (including, without limitation, individuals, partnerships, corporations, joint ventures, 
trusts, or Governmental Units) who hold the following claims are not required to file a Proof of Claim on or before 
the applicable Bar Date, solely with respect to the claims described below: 
a. 
any claim listed on the Schedules filed by the Debtors, and (i) the claim is not listed on the 
Schedules as “disputed,” “contingent,” or “unliquidated,” (ii) the person or entity agrees 
with  the amount, nature, and priority of the claim as set forth in the Schedules, and (iii) 
the person or entity agrees that the claim is an obligation of the specific Debtor against 
which the claim is listed in the Schedules;  
b. 
any claim as to which the holder already has filed a signed Proof of Claim with Omni 
against the respective Debtor(s) with respect to the claim being asserted, utilizing the Proof 
of Claim Form or the Official Bankruptcy Form No. 410 (the “Official Form 410”), and 
has otherwise complied with the Procedures;  
c. 
an administrative expense allowable under section 503(b) and 507(a)(2) of the Bankruptcy 
Code as an expense of administration (but not, for the avoidance of doubt, claims asserting 
priority pursuant to section 503(b)(9)2 of the Bankruptcy Code); 
d. 
any claim that has been allowed by order of this Court entered on or before the applicable 
Bar Date;  
e. 
any claim that has been paid in full or will be paid in full in accordance with the Bankruptcy 
Code or an order of this Court; 
f. 
any claim for which a separate deadline has been fixed by an order of this Court entered 
on or before the applicable Bar Date; 
g. 
any equity interest in the Debtors, which interest exclusively is based upon the ownership 
of common or preferred stock, membership interests, partnership interests, or warrants, 
options, or rights to purchase, sell, or subscribe to such a security or interest; provided, that 
if any such holder asserts a claim (as opposed to an ownership interest) against the Debtors 
(including a claim relating to an equity interest or the purchase or sale of such equity 
 
2 A claim arising under Bankruptcy Code section 503(b)(9) is a claim arising from the value of any goods received 
by the Debtors within twenty (20) days before the Petition Date, provided that the goods were sold to the Debtors 
in the ordinary course of the Debtors’ business. 
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RLF1 28158238v.1 
interest), a Proof of Claim must be filed on or before the applicable Bar Date pursuant to 
the Procedures set forth herein; 
h. 
a claim held by a current employee of the Debtors, if an order of the Court authorized the 
Debtors to honor such claim in the ordinary course of business for wages, commissions, or 
benefits; provided, that a current employee must submit a Proof of Claim by the applicable 
Bar Date for all other claims arising before the Petition Date, including, but not limited to, 
claims with respect to the Debtors’ non-qualified deferred compensation plan or for 
wrongful termination, discrimination, harassment, hostile work environment, and/or 
retaliation;  
i. 
any claim based on indemnification, contribution, or reimbursement of a current officer, 
director, or employee of any of the Debtors; and 
j. 
any claim held by a Debtor or non-Debtor subsidiary or affiliate against another Debtor. 
The fact that you have received this notice does not mean that you have claim or that the Debtors or 
the Court believe that you have a claim against the Debtors.  You should not file a Proof of Claim if you do not 
have a claim against any of the Debtors.  
3. 
INSTRUCTIONS FOR FILING PROOFS OF CLAIM  
Except as otherwise set forth herein, each entity that asserts a claim against the Debtors that arose 
before the Petition Date MUST file a Proof of Claim.   
The following procedures with respect to preparing and filing of Proofs of Claim will apply: 
a. 
Proofs of Claim must conform substantially to either (i) the Proof of Claim Form or (ii) the 
Official Form 410;3 
b. 
Proofs of Claim must be filed (i) electronically through the Omni’s Proof of Claim website 
for these cases at https://omniagentsolutions.com/kservicing-claims by following 
instructions for filing proofs of claim electronically; or (ii) transmitted with the original 
proof of claim by hand delivery, U.S. Postal Service mail, or overnight delivery to Omni’s 
Claims Processing Center for the Debtors at Kabbage, Inc. d/b/a KServicing, et al. Claims 
Processing, c/o Omni Agent Solutions, 5955 De Soto Ave., Suite 100, Woodland Hills, CA 
91367. 
c. 
Proofs of Claim will be deemed filed only when received by the Omni on or before the 
applicable Bar Date; 
d. 
Proofs of Claim must (i) be signed by the claimant or, if the claimant is not an individual, 
by an authorized agent of the claimant under penalty of perjury; (ii) include supporting 
documentation (if voluminous, attach a summary) or an explanation as to why 
documentation is not available; (iii) be in the English language and (iv) be denominated in 
United States currency; 
e. 
Proofs of Claim must specify by name and case number the Debtor against which the claim 
is filed.  If the holder asserts a claim against more than one Debtor or has claims against 
different Debtors, a separate Proof of Claim form must be filed with respect to each Debtor. 
If the holder lists multiple Debtors on the Proof of Claim, then the Debtors will treat such 
claim as if it is filed against the first listed Debtor.  If the holder files a Proof of Claim 
without identifying a Debtor, such Proof of Claim will be deemed as filed only against 
Kabbage, Inc. d/b/a KServicing; 
f. 
Proofs of Claim sent by facsimile, telecopy, or electronic mail transmission will not be 
accepted.  
 
3 The Official Form 410 can be found at www.uscourts.gov/forms/bankruptcy-forms, the official website for the 
United 
States 
Bankruptcy 
Courts. 
 
The 
Proof 
of 
Claim 
Form 
can 
be 
found 
at 
https://omniagentsolutions.com/kservicing, the website established by Omni for the Debtors’ chapter 11 cases. 
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RLF1 28158238v.1 
 
4. 
CONSEQUENCES OF FAILURE TO TIMELY FILE A PROOF OF CLAIM BY THE 
APPLICABLE BAR DATE 
Pursuant to the Bar Date Order and Bankruptcy Rule 3003(c)(2), any holder of a claim who is 
required to timely file a Proof of Claim on or before the applicable Bar Date as provided herein, but fails to do 
so, unless ordered otherwise by the Court, shall not be treated as a creditor with respect to such claim for the 
purposes of voting and distribution in these Chapter 11 Cases on account of such claim. 
 
5. 
THE DEBTORS’ SCHEDULES, ACCESS THERETO, AND CONSEQUENCES OF AMENDMENT 
THEREOF 
You may be listed as the holder of a claim against the Debtors in the Debtors’ Schedules of Assets 
and Liabilities (collectively, the “Schedules”).  To determine if and how you are listed in the Schedules, please refer 
to the descriptions set forth on the enclosed Proof of Claim Form regarding the nature, amount, and status of your 
claim(s).  If the enclosed Proof of Claim Form is blank, you are not identified in the Schedules as having a claim 
against the Debtors.  If you believe that any information reflected in the Proof of Claim Form is incorrect or if the 
Proof of Claim Form includes information that you do not agree with, you may cross out such information and write 
in what you believe to be the correct information.  If you received postpetition payments from the Debtors (as 
authorized by the Court) on account of your claim, the enclosed Proof of Claim Form will reflect the net amount of 
your claims.  If the Debtors believe that you hold claims against more than one Debtor, you will receive multiple Proof 
of Claim Forms, each of which will reflect the nature and amount of your claim against each Debtor, as listed in the 
Schedules. 
As set forth above, if you agree with the nature, amount, and status of your claim as listed in the 
Debtors’ Schedules and if your claim is not listed in the Schedules as “disputed,” “contingent,” or “unliquidated,” you 
need not file a Proof of Claim.  Otherwise, or if you decide to file a Proof of Claim, you must do so before the Bar 
Date in accordance with the procedures set forth in this Notice. 
Copies of the Schedules may be examined by interested parties on the Court’s electronic docket for 
the Debtors’ Chapter 11 Cases, which is posted (i) on the website established by Omni for the Debtors’ cases at 
https://omniagentsolutions.com/kservicing and (ii) on the Court’s website at www.deb.uscourts.gov.  (A login and 
password to the Court’s Public Access to Electronic Court Records (“PACER”) are required to access the information 
on the Court’s website and can be obtained through the PACER Service Center at www.pacer.psc.uscourts.gov).  
Copies of the Schedules also may be examined between the hours of 8:00 a.m. and 5:00 p.m. (Prevailing Eastern 
Time) Monday through Friday at the Office of the Clerk of the Bankruptcy Court, 824 North Market Street, 3rd Floor, 
Wilmington, DE 19801.  Copies of the Debtors’ Schedules also may be obtained by written request to the Debtors’ 
claims agent, Omni, at the address and telephone number set forth below: 
Kabbage, Inc. d/b/a KServicing, et al. Claims Processing  
c/o Omni Agent Solutions 
5955 De Soto Ave., Suite 100 
Woodland Hills, CA 91367 
(866) 956-2138 (toll free)  
(747) 226-5953 (international) 
In the event that the Debtors amend or supplement their Schedules subsequent to date of entry of 
the Bar Date Order, the Debtors shall give notice of any amendment or supplement to the holders of claims affected 
by such amendment or supplement within fourteen (14) days after filing such amendment or supplement, and such 
holders must file a Proof of Claim by the later of (a) the General Bar Date or the Governmental Bar Date, as 
applicable, and (b) 5:00 p.m. (Prevailing Eastern Time) on the date that is thirty (30) days following the date 
on which the Debtors serve an applicable claimant with notice of a previously unfiled Schedule or an 
amendment or supplement to the Schedules, and such deadline shall be contained in any notice of such amendment 
or supplement of the Schedules provided to the holders of claims affected thereby. 
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6. 
RESERVATION OF RIGHTS 
Nothing contained in this Notice is intended to or should be construed as a waiver of the Debtors’ 
right to: (a) dispute, or assert offsets or defenses against, any filed claim or any claim listed or reflected in the 
Schedules as to the nature, amount, liability, or classification thereof; (b) subsequently designate any scheduled claim 
as disputed, contingent, or unliquidated; and (c) otherwise amend or supplement the Schedules. 
If you require additional information regarding the filing of a proof of claim, you may contact the Debtors’ 
Claims and Noticing Agent directly at: Kabbage, Inc. d/b/a KServicing, et al. c/o Omni Agent Solutions, 5955 
De Soto Ave., Suite 100, Woodland Hills, CA 91367; Telephone: (866) 956-2138 (toll free) or (747) 226-5953 
(international); or by e-mail at KServicingInquiries@omniagnt.com. 
 
A holder of a possible claim against the Debtors should consult an attorney if such holder has any questions 
regarding this Notice, including whether the holder should file a Proof of Claim. 
 
Dated: 
Wilmington, Delaware 
BY ORDER OF THE COURT 
 
October 26, 2022 
 
Ray C. Schrock, P.C. 
Candace M. Arthur 
Natasha S. Hwangpo 
Chase A. Bentley 
WEIL, GOTSHAL & MANGES LLP 
767 Fifth Avenue 
New York, New York 10153 
Telephone:  (212) 310-8000 
Facsimile:  (212) 310-8007 
 
Daniel J. DeFranceschi 
Amanda R. Steele 
Zachary I. Shapiro 
Matthew P. Milana 
RICHARDS, LAYTON & FINGER, PA 
One Rodney Square 
920 N. King Street 
Wilmington, Delaware 19801 
Telephone: (302) 651-7700  
Facsimile:   (302) 651-7701 
 
ATTORNEYS FOR DEBTORS AND DEBTORS IN POSSESSION 
 
Case 22-10951-CTG    Doc 169    Filed 10/26/22    Page 6 of 6

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