Supplemental Declaration of Lelling re Jones Day Retention — In re KServicing (Bankr. D. Del.)

Record facts

U.S. Bankruptcy Court for the District of Delaware · No. 22-10951 · Doc. 162 · 2022-10-26 · Docket on CourtListener

Full text

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) 
 
 
 
: 
 
------------------------------------------------------------ x 
Re: Docket No. 108 
SUPPLEMENTAL DECLARATION OF ANDREW E. LELLING IN SUPPORT OF  
DEBTORS’ APPLICATION TO EMPLOY AND RETAIN JONES DAY AS  
SPECIAL COUNSEL TO THE DEBTORS EFFECTIVE AS OF THE PETITION DATE 
 
Pursuant to Rule 2014(a) of the Federal Rules of Bankruptcy Procedure 
(the “Bankruptcy Rules”), Rule 2014-1(a) of the Local Rules of Bankruptcy Practice and 
Procedure of the United States Bankruptcy Court for the District of Delaware (the “Local 
Rules”), and in accordance with the Guidelines for Reviewing Applications for Compensation 
and Reimbursement of Expenses Filed under 11 U.S.C. § 330 by Attorneys in Larger Chapter 11 
Cases, issued by the Executive Office of the United States Trustee (the “U.S. Trustee 
Guidelines”), I, Andrew E. Lelling, declare: 
1. 
I am an attorney at law admitted and in good standing to practice in the State 
of Massachusetts and before the United States District Courts for the District of Massachusetts, 
 
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 162    Filed 10/26/22    Page 1 of 3

the Southern and Eastern Districts of New York, and the Eastern District of Virginia and before 
the United States Courts of Appeals for the First, Second, and Fourth Circuits.   
2. 
I am a partner of the law firm of Jones Day and am duly authorized to make 
this declaration (the “Declaration”) on behalf of Jones Day.  I make this Declaration in further 
support of the Application of Debtors for Authority to Employ and Retain Jones Day as Special 
Counsel to the Debtors Effective as of the Petition Date (the “Application”) [Docket No. 108] to 
supplement the disclosures set forth in my original declaration dated October 14, 2022 
(the “Original Declaration”), which was attached as Exhibit C thereto, and in response to certain 
inquiries received with respect to the Application and the Original Declaration from the Office of 
the United States Trustee for Region 3.2  The facts set forth in this Declaration are personally 
known to me and, if called as a witness, I could and would competently testify thereto. 
3. 
Paragraph 28 of the Original Declaration sets forth certain ranges of 
standard hourly rates charged by Jones Day professionals in three separate billing categories.  
Attached as Appendix I hereto is a table identifying the professionals and paraprofessionals Jones 
Day currently expects to work on the engagement described in the Application, together with, in 
each case, such individual’s title, bar year, and current hourly rate.   
4. 
Paragraph 36(c) of the Original Declaration states that Jones Day currently 
or formerly represented Cross River Bank in matters unrelated to the Debtors or these Chapter 11 
Cases.  In particular, Jones Day assisted Cross River Bank with the foundation of a new charitable 
foundation and related governance and compliance matters.  
5. 
Paragraph 36(q) of the Original Declaration states that Jones Day formerly 
represented an affiliate of both SoftBank Priceville Investments, L.P. and SoftBank Vision Fund 
 
2 Capitalized terms not otherwise defined herein shall have the meanings given to them in the Application. 
Case 22-10951-CTG    Doc 162    Filed 10/26/22    Page 2 of 3

(AIV M2) L.P. (together, the “SoftBank Shareholders”) in matters unrelated to the Debtors or 
these Chapter 11 Cases.  That former client is identified on Schedule 2 to the Original Declaration 
as Sprint Corporation.  For the avoidance of doubt, Jones Day has not provided services to either 
of the SoftBank Shareholders. 
Pursuant to 28 U.S.C. § 1746, I declare under penalty of perjury that the foregoing 
is true and correct to the best of my knowledge and belief. 
Dated:  October 26, 2022 
 
Atlanta, Georgia 
 
/s/ Andrew E. Lelling  
 
 
 
Andrew E. Lelling (MA 631859) 
JONES DAY 
100 High Street 
21st Floor 
Boston, Massachusetts 02110-1781 
Telephone: (617) 960-3939 
Facsimile:  (617) 449-6999 
 
Case 22-10951-CTG    Doc 162    Filed 10/26/22    Page 3 of 3

File and source

File

gov.uscourts.deb.188293.162.0.pdf

Size

188,675 bytes

SHA-256

14492229c55c55f2aacf0e76703e57e910afe3c320bf86c8c8701642de0c6fd3

Our copy

gov.uscourts.deb.188293.162.0.pdf

Original

archive.org