Proof of Publication — Notice of Deadlines to File Proofs of Claim (USA Today & The New York Times) — In re KServicing Wind Down Corp., et al. (Bankr. D. Del.)

Record facts

U.S. Bankruptcy Court for the District of Delaware · No. 22-10951 · Doc. 234 · 2022-11-09 · Docket on CourtListener

Full text

Case 22-10951-CTG

Doc 234

Filed 11/09/22

Page 1 of 7

IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE
In re:

Chapter 11

KABBAGE, INC. d/b/a KSERVICING, et al.,

Case No. 22-10951 (CTG)

Debtors.1

(Jointly Administered)
PROOF OF PUBLICATION

Attached hereto as Exhibits A - B are Proofs of Publication for the Notice of Deadlines to File
Proofs of Claim from the following:
Publication
USA Today
The New York Times

Publication Date
November 9, 2022
November 9, 2022

Exhibit
A
B

/s/ Randy Lowry
Randy Lowry
Omni Agent Solutions
5955 DeSoto Avenue, Suite 100
Woodland Hills, California 91367
(818) 906-8300
Claims, Noticing, and Administrative Agent for the
Debtor

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 234

Filed 11/09/22

EXHIBIT A

Page 2 of 7


Case 22-10951-CTG

Doc 234

Filed 11/09/22

Page 3 of 7

VERIFICATION OF PUBLICATION

COMMONWEALTH OF VIRGINIA
COUNTY OF FAIRFAX
_________________________

Being duly sworn, Vanessa Salvo says that she is the principal clerk of USA TODAY, and is
duly authorized by USA TODAY to make this affidavit, and is fully acquainted with the facts
stated herein: on Wednesday, November 9, 2022, the following legal advertisement –
Kabbage, Inc. d/b/a KServicing was published in the national edition of USA TODAY.

_________________________________
Principal Clerk of USA TODAY
November 9, 2022


Case 22-10951-CTG

Doc 234

Filed 11/09/22

Page 4 of 7

SPORTS

4C ❚ WEDNESDAY NOVEMBER 9, 2022 ❚ USA TODAY

NFL grades: Good (Jets) to very bad (Colts)
ed the scheme, and without
any timeouts, Brady and the
Bucs went 60 yards in 35 seconds to score the game-winning touchdown.
Granted,
most
teams
would’ve played some variation of a zone defense in the
same situation. But the Rams’
zone defense was basic and allowed too many open areas
around the field.

Tyler Dragon
USA TODAY

Close games have been the
theme this NFL season. Sixtytwo games have been decided
by a touchdown or less through
nine weeks, the most all time at
this stage. Six games in Week 9
were decided by three points or
fewer.
All four teams in the AFC
East have a winning record, the
fifth time since 2002 that all
four teams in a single division
have a winning record through
the first nine weeks of a year,
per NFL stats.
In the NFC, the Philadelphia
Eagles are 8-0 for the first time
in franchise history.
We’ve officially crossed the
midway point of the season.
How much of an influence did
coaches have on the outcomes
in Week 9? USA TODAY Sports
examined the performances of
NFL coaches. Here are their
grades for Week 9:

Cincinnati Bengals
coaching staff: A
Without star wide receiver
Ja’Marr Chase, Zac Taylor and
the Bengals coaching staff did a
great job of implementing running back Joe Mixon heavily in
their offensive game plan. Mixon notched a career-high 211
yards from scrimmage and produced a franchise-record five
touchdowns in Sunday’s 42-21
rout against the Carolina Panthers.
The Bengals’ zone runblocking scheme paved the way
for some of Mixon’s longest
runs. On one, Cincinnati’s successful zone blocks up front allowed Mixon to cut back to the
left behind the offensive line.
Mixon just had to make Panthers CB Jaycee Horn miss oneon-one on his way to a 14-yard
touchdown run.
Mixon is the sixth player in
the Super Bowl era with at least

Indianapolis Colts
coaching staff: F

After losing top receiver Ja’Marr Chase to injury, Bengals coach Zac Taylor had quarterback Joe
Burrow, right, hand off more to Joe Mixon. JEFF DEAN/AP

200 yards from scrimmage and
five touchdowns in a single
game. The Bengals running
back had 26 touches in Week 9.

New York Jets coaching
staff: B
Buffalo Bills quarterback
Josh Allen had season lows in
passing yards (205) and passer
rating (46.8) in Sunday’s 20-17
loss to the Jets. Credit must be
given to the Jets defense and
the defensive game plan. The
Jets defense had five sacks and
two interceptions in Sunday’s
upset.
New York rarely blitzed Allen. Instead, it dropped back in
coverage and forced Allen to
throw passes in traffic. It was
an effective game plan because
the Jets’ front four was able to

Pacific forfeits match at
BYU, citing August game
Analis Bailey
USA TODAY

The University of Pacific volleyball team has elected to forfeit its match against BYU after
a fan was accused of making
racist comments toward a Duke
volleyball player in August.
“The volleyball team has decided to not play the November
10 game at BYU,” the school’s
senior communications director Mike Klocke said in a statement Monday night. “The team
expressed concerns following
reports of racist and hostile
comments during an August 26
match. Pacific stands with our
student-athletes.”
Since the alleged incident,
BYU conducted an investigation and found no evidence to
“corroborate the allegation that
fans engaged in racial heckling
or uttered racial slurs at the
event.”
BYU released the following
statement:
“The University of the Pacific’s decision to forfeit this
week’s women’s volleyball
match is unwarranted and
deeply disappointing. Following the Aug. 26 allegation, BYU

conducted an extensive review
and found no evidence to corroborate this allegation. As we
have stated previously, BYU
will not tolerate any conduct
that would make a studentathlete feel unsafe in our athletic environments.
“It is unfortunate that Pacific would make a decision that
perpetuates the very challenge
we are working to heal in our
polarized society.”
The August incident has led
to more damning accusations,
including Southern Cal women’s soccer players stating BYU
fans directed racial slurs at
them after players kneeled during the national anthem in August 2021.
The latest volleyball cancellation comes weeks after Dawn
Staley, South Carolina women’s
basketball coach, also canceled
a series with BYU.
“As a head coach, my job is to
do what’s best for my players
and staff,” Staley said in a
statement released by South
Carolina. “The incident at BYU
has led me to reevaluate our
home-and-home, and I don’t
feel that this is the right time for
us to engage in this series.”

GOLF DP WORLD TOUR (EUROPEAN/SUNSHINE)
Nedbank Golf Challenge
Course: The Gary Player Golf
Course and Country Club in
Sun City, South Africa. Yardage: 7,834. Par: 72.
TV (EST): Thursday-Friday,
4-9 a.m. (Golf);
Saturday, 4-8:30 a.m. (Golf);
Sunday, 3:30-8 a.m. (Golf)
Notes: This is the final tournament before the season-ending DP World Tour Championship. … Tommy Fleetwood is
back to defend his title from
2019. The past two years, the
tournament was canceled be-

cause of the COVID-19 pandemic. … Fleetwood (No. 25)
and Ryan Fox (No. 26) are the
two highest-ranked players in
the field. … Seven LIV Golf
players are in the field, including Lee Westwood. Branden Grace, who won the second LIV event, is playing on a
sponsor exemption. …. George
Coetzee on the Sunshine Tour
and Jazz Janewattananond on
the Asian Tour are coming off
victories. … LIV’s Shaun Norris
is playing from winning the
Sunshine Tour Order of Merit.
– Associated Press

create pressure. Allen was under duress for much of the contest. The Jets had 15 pressures,
per Pro Football Focus.
Plus, the Jets secondary, led
by Defensive Rookie of the Year
candidate Sauce Gardner,
played great in coverage.

Chicago Bears coaching
staff: C
The Bears might’ve found
their offensive identity, albeit
in a 35-32 loss. Bears quarterback Justin Fields amassed 178
rushing yards in Week 9, the
most by a quarterback in a single game in the Super Bowl era.
Most of Fields’ big gains
came on oft-script plays, but
the Bears did a solid job of calling plays that required the mobile quarterback to get outside

of the pocket. When Fields
couldn’t find anyone open
downfield, he used his legs.
Chicago has rushed for at
least 225 yards in each of its
past four games, but the best
news might be Fields’ emergence with five touchdown
passes thrown and QB ratings
over 100 in the last two games.

It seems appropriate to give
the Colts a failing grade this
week. Frank Reich became the
second head coach to be fired
this season after the Colts lost
26-3 to the New England Patriots to drop their record to 3-5-1.
Indy’s offense had another
listless performance. The Colts
offense went 0-for-14 on third
down and produced a seasonlow 121 total yards.
Sam Ehlinger, who is the
seventh quarterback to start a
game for the Colts since 2018,
was sacked nine times and
threw an interception.
Reich was fired less than 24
hours after the disastrous performance.
Now the Colts are hoping interim head coach Jeff Saturday,
who was a Colts offensive lineman from 1999 to 2011 but has
no professional coaching experience, can come save the day.
Good luck.

BONUS
Los Angeles Rams
coaching staff: D
The Rams defense held Tom
Brady and the Buccaneers out
of the end zone until Tampa
Bay’s final possession. Los Angeles decided to play a zone
prevent defense that exposed it
to plenty of open holes around
the field, including on the sideline.
Brady and the Bucs exploit-

Las Vegas Raiders
coaching staff: F
The Raiders have blown
three leads of at least 17 points
this season. Failing grades can
be divided throughout the entire organization.
Coach Josh McDaniels and
the 2-6 Raiders are last in the
AFC West.

NOTICES

LEGAL NOTICE
Pursuant to section 101(5) of the Bankruptcy Code and as used in this Bar Date as provided herein,but fails to do so,unless ordered othUNITED STATES BANKRUPTCY COURT, DISTRICT OF DELAWARE
In re
Chapter 11 Case Nos.: Notice,the word“claim”means (i) a right to payment,whether or not such erwise by the Court,shall not be treated as a creditor with respect
right
is reduced to judgment, liquidated, unliquidated, fixed, contingent, to such claim for the purposes of voting and distribution in these
KABBAGE, INC.
22-10951 (CTG)
matured, unmatured, disputed, undisputed, legal, equitable, secured, or Chapter11Casesonaccountofsuchclaim.
D/B/A KSERVICING, et al.,
Through 22-10956
unsecured;or
(ii) a right to an equitable remedy for breach of performance 5. THE DEBTORS’ SCHEDULES, ACCESS THERETO, AND
Debtors.
(Jointly Administered)
NOTICE OF DEADLINES TO FILE PROOFS OF CLAIM if such breach gives rise to a right to payment,whether or not such right to CONSEQUENCES OF AMENDMENT THEREOF. You may be listed as the
an equitable remedy is reduced to judgment, fixed, contingent, matured, holder of a claim against the Debtors in the Debtors’ Schedules of Assets
TO: ALL PERSONS AND ENTITIES WHO MAY HAVE CLAIMS unmatured, disputed, undisputed, secured, or unsecured. Further, claims and Liabilities (collectively, the “Schedules”). To determine if and how
AGAINST ANY OFTHE FOLLOWING DEBTOR ENTITIES:
includeunsecuredclaims,securedclaims,andpriorityclaims.
you are listed in the Schedules,please refer to the descriptions set forth on
Name of Debtor, Case Number, Tax Identification Number: Pursuant to section 101(15) of the Bankruptcy Code and as used in this the enclosed Proof of Claim Form regarding the nature,amount,and status
Kabbage, Inc., 22-10951, 36-4973937; Kabbage Canada Holdings, Notice, the term “entity” has the meaning given to it in section 101(15) of your claim(s). If the enclosed Proof of Claim Form is blank, you are not
LLC, 22-10952, N/A; Kabbage Asset Securitization, LLC, 22-10953, N/A; of the Bankruptcy Code, and includes all persons, estates, trusts, and identified in the Schedules as having a claim against the Debtors. If you
Kabbage Asset Funding 2017-A LLC, 22-10954, 61-1854803; Kabbage governmental units. In addition, the terms “persons” and “governmental believe that any information reflected in the Proof of Claim Form is incorAsset Funding 2019-A LLC, 22-10955, 83-4698973; Kabbage Asset units”are defined in sections 101(41) and 101(27) of the Bankruptcy Code, rect or if the Proof of Claim Form includes information that you do not agree
Diameter,LLC,22-10956,N/A
respectively.
with,you may cross out such information and write in what you believe to
OTHER NAMES USED BY THE DEBTORS IN THE PAST 8 YEARS: 2. WHO NEED NOT FILE A PROOF OF CLAIM. The persons or enti- be the correct information. If you received postpetition payments from the
Kabbage, Inc., d/b/a KServicing, Inc., KService Corp., KServicing, and ties (including,without limitation,individuals,partnerships,corporations, Debtors (as authorized by the Court) on account of your claim,the enclosed
KabbagePlatform(KabbagePlatformusedsolelyinthestateofNewYork) joint ventures, trusts, or Governmental Units) who hold the following Proof of Claim Form will reflect the net amount of your claims. If the
Attorneys for Debtors: Daniel J. DeFranceschi (No. 2732), Zachary claims are not required to file a Proof of Claim on or before the applicable Debtorsbelievethatyouholdclaimsagainstmorethanone Debtor,youwill
I. Shapiro (No. 5103), RICHARDS, LAYTON & FINGER, P.A., One Rodney BarDate,solelywithrespecttotheclaimsdescribedbelow:
receive multiple Proof of Claim Forms,each of which will reflect the nature
Square,920 N.King Street,Wilmington,Delaware 19801,Telephone: (302) a. any claim listed on the Schedules filed by the Debtors, and (i) the andamountofyourclaimagainsteachDebtor,aslistedintheSchedules.
651-7700, Facsimile: (302) 651-7701 -and- Ray C. Schrock, P.C., Natasha claim is not listed on the Schedules as“disputed,”“contingent,”or“unliqui- As set forth above, if you agree with the nature,amount,and status of
S. Hwangpo, Esq. , Chase A. Bentley, Esq. , WEIL, GOTSHAL & MANGES LLP, dated,”(ii) the person or entity agrees with the amount,nature,and prior- your claim as listed in the Debtors’Schedules and if your claim is not listed
767 Fifth Avenue, New York, New York 10153,Telephone: (212) 310-8000, ity of the claim as set forth in the Schedules, and (iii) the person or entity in the Schedules as “disputed,”“contingent,” or “unliquidated,” you need
Facsimile: (212)310-8007
agrees that the claim is an obligation of the specific Debtor against which not file a Proof of Claim. Otherwise,or if you decide to file a Proof of Claim,
Address of the Clerk of the Bankruptcy Court: Clerk of the United theclaimislistedintheSchedules;
you must do so before the Bar Date in accordance with the procedures set
States Bankruptcy Court, 824 North Market Street, 3rd Floor,Wilmington, b. any claim as to which the holder already has filed a signed Proof of forthinthisNotice.
DE 19801, Telephone: 302-252-2900, Hours Open: 8:00 a.m.–4:00 p.m. Claim with Omni against the respective Debtor(s) with respect to the claim Copies of the Schedules may be examined by interested parties on the
Monday–Friday
being asserted,utilizing the Proof of Claim Form or the Official Bankruptcy Court’s electronic docket for the Debtors’Chapter 11 Cases,which is posted
PLEASETAKE NOTICETHAT:
Form No.410 (the“Official Form 410”),and has otherwise complied with (i) on the website established by Omni for the Debtors’ cases at https://
YOU ARE RECEIVING THIS NOTICE BECAUSE YOU MAY HAVE A theProcedures;
omniagentsolutions.com/kservicing and (ii) on the Court’s website
CLAIM AGAINST THE DEBTORS IN THE ABOVE-CAPTIONED CHAPTER
c. an administrative expense allowable under section 503(b) and at www.deb.uscourts.gov. (A login and password to the Court’s Public
11 CASES. THEREFORE, YOU SHOULD READ THIS NOTICE CAREFULLY 507(a)(2)oftheBankruptcyCodeasanexpenseofadministration(but not, Access to Electronic Court Records (“PACER”) are required to access the
AND CONSULT AN ATTORNEY IF YOU HAVE ANY QUESTIONS, for the avoidance of doubt, claims asserting priority pursuant to section informationon the Court’swebsite and can beobtainedthrough the PACER
INCLUDINGWHETHERYOUSHOULDFILEAPROOFOFCLAIM.
503(b)(9)2 oftheBankruptcyCode);
Service Center at www.pacer.psc.uscourts.gov). Copies of the Schedules
On October 3, 2022 (the “Petition Date”), the Debtors commenced d. anyclaimthathasbeenallowedbyorderofthisCourtenteredonor also may be examined between the hours of 8:00 a.m. and 5:00 p.m.
with the Court voluntary cases under the Bankruptcy Code (the“Chapter beforetheapplicableBarDate;
(Prevailing Eastern Time) Monday through Friday at the Office of the Clerk
11 Cases”).The Debtors are authorized to continue operating their busi- e. any claim that has been paid in full or will be paid in full in oftheBankruptcyCourt,824NorthMarketStreet,3rdFloor,Wilmington,DE
ness and managing their properties as debtors in possession pursuant to accordancewiththeBankruptcyCodeoranorderofthisCourt;
19801. Copies of the Debtors’Schedules also may be obtained by written
section 1107(a) and 1108 of the Bankruptcy Code.No trustee,examiner,or
f. any claim for which a separate deadline has been fixed by an order request to the Debtors’claims agent, Omni, at the address and telephone
statutorycommitteehasbeenappointedintheseChapter11Cases.
number set forth below: Kabbage,Inc.d/b/a KServicing,et al.Claims
ofthisCourtenteredonorbeforetheapplicableBarDate;
On October 26,2022,the Bankruptcy Court,having jurisdiction over the g. any equity interest in the Debtors, which interest exclusively is Processing, c/o Omni Agent Solutions, 5955 De Soto Ave., Suite 100,
Chapter 11 Cases of the Debtors,entered an order (the“Bar Date Order”) based upon the ownership of common or preferred stock, membership Woodland Hills, CA 91367, (866) 956-2138 (toll free), (747) 226-5953
establishingthefollowingBarDates:
interests,partnership interests,or warrants,options,or rights to purchase, (international).
i. November 30, 2022 at 5:00 p.m. (Prevailing Eastern Time) sell, or subscribe to such a security or interest; provided, that if any such In the event that the Debtors amend or supplement their Schedules
as the deadline for each person or entity (including individuals, part- holder asserts a claim (as opposed to an ownership interest) against the subsequent to date of entry of the Bar Date Order, the Debtors shall give
nerships, corporations, joint ventures, and trusts, but not including any Debtors (including a claim relating to an equity interest or the purchase or notice of any amendment or supplement to the holders of claims affected
governmental units (as defined in section 101(27) of the Bankruptcy sale of such equity interest),a Proof of Claim must be filed on or before the by such amendment or supplement within fourteen (14) days after filing
Code) (“Governmental Units”)), to file a proof of claim (each, a“Proof applicableBarDatepursuanttotheProceduressetforthherein;
such amendment or supplement, and such holders must file a Proof of
of Claim”) in respect of a prepetition claim (as defined in section 101(5) h. a claim held by a current employee of the Debtors,if an order of the Claim by the later of (a) the General Bar Date or the Governmental
of the Bankruptcy Code), including, for the avoidance of doubt, secured Court authorized the Debtors to honor such claim in the ordinary course Bar Date, as applicable, and (b) 5:00 p.m. (Prevailing Eastern
claims, unsecured priority claims, and unsecured non-priority claims (the of business for wages, commissions, or benefits; provided, that a current Time) on the date that is thirty (30) days following the date on
“GeneralBarDate”),unlessotherwiseprovidedherein;
employee must submit a Proof of Claim by the applicable Bar Date for all which the Debtors serve an applicable claimant with notice of a
ii. April 3, 2023 at 5:00 p.m. (Prevailing Eastern Time) as the other claims arising before the Petition Date,including,but not limited to, previously unfiled Schedule or an amendment or supplement to
deadlineforGovernmentalUnitstofileaProofofClaiminrespectofaprepe- claims with respect to the Debtors’non-qualified deferred compensation the Schedules,and such deadline shall be contained in any notice of such
titionclaimagainstanyoftheDebtors(the“GovernmentalBarDate”); plan or for wrongful termination,discrimination,harassment,hostile work amendment or supplement of the Schedules provided to the holders of
iii. the later of (i) the General Bar Date or the Governmental environment,and/orretaliation;
claimsaffectedthereby.
Bar Date, as applicable, and (ii) 5:00 p.m. (Prevailing Eastern i. any claim based on indemnification, contribution, or reimburse- 6. RESERVATION OF RIGHTS. Nothing contained in this Notice
Time) on the date that is thirty (30) days from the date on which mentofacurrentofficer,director,oremployeeofanyoftheDebtors;and
is intended to or should be construed as a waiver of the Debtors’right to:
the Debtors serve an applicable claimant with notice of a previj. any claim held by a Debtor or non-Debtor subsidiary or affiliate (a) dispute, or assert offsets or defenses against, any filed claim or any
ouslyunscheduledclaim,anamendmenttotheSchedules(which, againstanotherDebtor.
claim listed or reflected in the Schedules as to the nature,amount,liability,
for avoidance of doubt, shall include a change to whether a claim
The fact that you have received this notice does not mean that or classification thereof; (b) subsequently designate any scheduled claim
is listed on the Schedules as “contingent,”“unliquidated,” or dis- you have claim or that the Debtors or the Court believe that you as disputed, contingent, or unliquidated; and (c) otherwise amend or
puted,”) or a supplement to the Schedules (as defined herein) as have a claim against the Debtors. You should not file a Proof of supplementtheSchedules.
the deadline by which claimants holding claims affected by such filing, ClaimifyoudonothaveaclaimagainstanyoftheDebtors.
If you require additional information regarding the filing of a
amendment,or supplement must file Proofs of Claim with respect to such
3. INSTRUCTIONS FOR FILING PROOFS OF CLAIM. Except as oth- proof of claim, you may contact the Debtors’ Claims and Noticing
claim(the“AmendedSchedulesBarDate”);and
erwise set forth herein,each entity that asserts a claim against the Debtors Agent directly at: Kabbage, Inc. d/b/a KServicing, et al. c/o Omni
iv. the later of (i) the General Bar Date or the Governmental thatarosebeforethePetitionDateMUSTfileaProofofClaim.
Agent Solutions, 5955 De Soto Ave., Suite 100,Woodland Hills, CA
Bar Date, as applicable, and (ii) 5:00 p.m. (Prevailing Eastern The following procedures with respect to preparing and filing 91367; Telephone: (866) 956-2138 (toll free) or (747) 226-5953
Time) on the date that is thirty (30) days following the date an ofProofsofClaimwillapply:
(international); or by e-mail at KServicingInquiries@omniagnt.
applicable claimant is served of an order approving rejection of a. Proofs of Claim must conform substantially to either (i) the Proof of com.
any executory contract or unexpired lease of the Debtors as the ClaimFormor(ii)theOfficialForm410; 3
A holder of a possible claim against the Debtors should condeadline by which claimants asserting claims resulting from the Debtors’ b. Proofs of Claim must be filed (i) electronically through sult an attorney if such holder has any questions regarding this
rejection of an executory contract or unexpired lease must file Proofs of the Omni’s Proof of Claim website for these cases at https://cases. Notice,includingwhethertheholdershouldfileaProofofClaim.
Claim for damages arising from such rejection1 (the“Rejection Damages omniagentsolutions.com/claim?clientid=3641 by following instructions Dated:Wilmington,Delaware
BYORDEROFTHECOURT
Bar Date,”and,collectively with the General Bar Date,the Governmental for filing proofs of claim electronically;or (ii) transmitted with the original
November 4,2022
BarDate,andtheAmendedSchedulesBarDate,the“BarDates”).
proof of claim by hand delivery, U.S. Postal Service mail, or overnight Ray C. Schrock, P.C., Candace M. Arthur, Natasha S. Hwangpo, Chase A.
Youmaybeacreditorofoneormoreofthedebtors.
delivery to Omni’s Claims Processing Center for the Debtors atKabbage,Inc.
If you have any questions relating to this Notice, please feel d/b/a KServicing,et al.Claims Processing,c/o Omni Agent Solutions,5955 Bentley,WEIL, GOTSHAL & MANGES LLP, 767 Fifth Avenue, New York, New
York 10153,Telephone: (212) 310-8000, Facsimile: (212) 310-8007 -andfree to contact Omni Agent Solutions (“Omni”) at (866) 956- DeSotoAve.,Suite100,WoodlandHills,CA91367.
2138 (toll free) or (747) 226-5953 (international) or by e-mail at c. Proofs of Claim will be deemed filed only when received by the Daniel J. DeFranceschi, Amanda R. Steele, Zachary I. Shapiro, Matthew
P. Milana, RICHARDS, LAYTON & FINGER, PA, One Rodney Square, 920 N.
KServicingInquiries@OmniAgnt.com.
OmnionorbeforetheapplicableBarDate;
King Street, Wilmington, Delaware 19801, Telephone: (302) 651-7700,
NOTE: The staff of the Bankruptcy Clerk’s Office, the Office of the United
d. Proofs of Claim must(i)besigned bythe claimant or,ifthe claimant Facsimile: (302) 651-7701, ATTORNEYS FOR DEBTORS AND DEBTORS IN
States Trustee, and the Debtors’ Claims and Noticing Agent cannot give is not an individual,by an authorized agent of the claimant under penalty
POSSESSION
legaladvice.
of perjury;(ii) include supporting documentation (if voluminous,attach a 1 Provided that notwithstanding the foregoing,a party to an executory
INSTRUCTIONS:
summary) or an explanation as to why documentation is not available;(iii) contract or unexpired lease that has not been rejected by the Debtors by
1. WHO MUST FILE A PROOF OF CLAIM. Except as otherwise set be in the English language and (iv) be denominated in United States curthe date of entry of the Bar Date Order who asserts a claim on account of
forth herein, the following entities holding claims against the Debtors rency;
amounts accrued and outstanding as of the Petition Date pursuant
arising prior to the Petition Date are required to file Proofs of Claim on or
e. Proofs of Claim must specify by name and case number the Debtor unpaid
beforetheapplicableBarDate:
against which the claim is filed. If the holder asserts a claim against more to such executory contract or unexpired lease (other than a rejection
a. anypersonorentitywhoseclaimagainstaDebtorisnotlistedinthe than one Debtor or has claims against different Debtors, a separate Proof damages claim) must file a Proof of Claim for such amounts on or before
applicable Debtor’s Schedules or is listed as“contingent,”“unliquidated,”or of Claim form must be filed with respect to each Debtor.If the holder lists the applicable Bar Date,unless an exception identified in this Motion or the
“disputed,” if such entity desires to participate in any of these Chapter 11 multiple Debtors on the Proof of Claim, then the Debtors will treat such ProposedOrderapplies.
2
A claim arising under Bankruptcy Code section 503(b)(9) is a claim
CasesorshareinanydistributioninanyoftheseChapter11Cases;
claim as if it is filed against the first listed Debtor. If the holder files a Proof
b. any person or entity that believes that its claim is improperly clas- of Claim without identifying a Debtor,such Proof of Claim will be deemed 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
sified in the Schedules or is listed in an incorrect amount and that desires asfiledonlyagainstKabbage,Inc.d/b/aKServicing;
to have its claim allowed in a different classification or amount other than f. Proofs of Claim sent by facsimile, telecopy, or electronic mail DebtorsintheordinarycourseoftheDebtors’business.
3
thatidentifiedintheSchedules;and
The Official Form 410 can be found at www.uscourts.gov/
transmissionwillnotbeaccepted.
c. any person or entity that believes that any prepetition claim as 4. CONSEQUENCES OF FAILURE TO TIMELY FILE A PROOF OF forms/bankruptcy-forms, the official website for the United States
listed in the Schedules is not an obligation of the specific Debtor against CLAIM BY THE APPLICABLE BAR DATE. Pursuant to the Bar Date Bankruptcy Courts. The Proof of Claim Form can be found at https://
which the claim is listedand that desires to have its claim allowed against a OrderandBankruptcyRule3003(c)(2),anyholderofaclaimwhois omniagentsolutions.com/kservicing,the website established by Omni for
DebtorotherthantheDebtoridentifiedintheSchedules.
required to timely file a Proof of Claim on or before the applicable theDebtors’chapter11cases.


Case 22-10951-CTG

Doc 234

Filed 11/09/22

EXHIBIT B

Page 5 of 7


Case 22-10951-CTG

Doc 234

Filed 11/09/22

Page 6 of 7

PROOF OF PUBLICATION
22
Nov-09, 20___
___________________________

/͕ĚŐĂƌEŽďůĞƐĂůĂ͕ŝŶŵLJĐĂƉĂĐŝƚLJĂƐĂWƌŝŶĐŝƉĂůůĞƌŬŽĨƚŚĞWƵďůŝƐŚĞƌŽĨ
Ă
ĚĂŝůLJŶĞǁƐƉĂƉĞƌŽĨŐĞŶĞƌĂůĐŝƌĐƵůĂƚŝŽŶƉƌŝŶƚĞĚĂŶĚƉƵďůŝƐŚĞĚŝŶƚŚĞŝƚLJ͕ŽƵŶƚLJĂŶĚ^ƚĂƚĞŽĨEĞǁzŽƌŬ͕
ŚĞƌĞďLJĐĞƌƚŝĨLJƚŚĂƚƚŚĞĂĚǀĞƌƚŝƐĞŵĞŶƚĂŶŶĞdžĞĚŚĞƌĞƚŽǁĂƐƉƵďůŝƐŚĞĚŝŶƚŚĞĞĚŝƚŝŽŶƐŽĨ
ŽŶƚŚĞĨŽůůŽǁŝŶŐĚĂƚĞŽƌĚĂƚĞƐ͕ƚŽǁŝƚŽŶ
Nov 9, 2022, NYT & Natl, pg B5

^ǁŽƌŶƚŽŵĞ ƚŚŝƐϵƚŚĚĂLJŽĨ
EŽǀĞŵďĞƌ͕ϮϬϮϮ
ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ
EŽƚĂƌLJWƵďůŝĐ

ͺͺͺͺͺͺͺͺͺͺ

ͺͺͺͺͺͺͺͺ


Case 22-10951-CTG

Doc 234

Filed 11/09/22

Page 7 of 7

Nxxx,2022-11-09,B,005,Bs-BW,E1

CMYK

THE NEW YORK TIMES BUSINESS WEDNESDAY, NOVEMBER 9, 2022

N

B5

INTERNATIONAL | AUTOMOBILES

In Climate Challenge,
China Is Continuing
To Burn More Coal
FROM FIRST BUSINESS PAGE

and more efficient way,” Mr. Xi
said, with no mention of reducing
consumption.
A look at two areas of China —
the greater Beijing region and the
heart of the coal mining industry
in central Shanxi Province — underlines the hopes and the fears of
climate scientists.
The administrative region of
Beijing covers an area the size of
Connecticut, from broad wheat
fields on the plains to the southeast to brush-covered mountain
ranges topped with the Great Wall
to the north.
The potential for China to rely
heavily on renewable energy is
visible in and around Hanhaozhuang, a village on Beijing’s
border with Hebei Province to the
north. It is a hamlet where brickwalled sheep pens alternate with
yellow and gray gourds growing
on steel wire trellises.
Just beyond the pens lies a huge
expanse of dark blue solar panels
mounted on steel frames to keep
them tilted at the correct southern
angle toward the sun. The solar
power farm covers five times the
area of the village. Two rows of apple trees grow between each row
of solar panels, providing a cash
crop for residents.
A dozen miles to the southwest,
in a marsh along the banks of a
reservoir, stands a long row of
wind turbines. They turn the
strong winds blowing off the Gobi
Desert into electricity for Beijing.
And, closer to the city, utilities
have built large gas-fired power
plants.
These measures drove Beijing's
coal use down 95 percent in the

‘China has committed
to nothing yet.’
Anna Mikulska, a natural gas
expert at Rice University, on how
Beijing is mulling its energy
relationship with Russia.
decade through 2020, the most recent year for which data is available. The last coal mine in the region closed three years ago.
But just in case the weather
turns very hot or very cold, raising electricity demand, or if renewable energy slackens, Beijing
has not given up on coal. The enormous Huaneng thermal power
plant in the city’s southeast sits
ready to fire up four coal-fired
units each taller than a 10-story
apartment tower.
Other regions are much further
from giving up on coal. In Shanxi

Province, 300 miles southwest of
Beijing and the heart of China’s
coal country, coal companies in
the past year have sharply
stepped up the pace at which they
carve new or expanded mines into
the low, dry hills. Shanxi is also
burning vast quantities of coal to
power cement factories, steel
mills and other industries and to
generate electricity — coal consumption grew 80 percent in the
decade through 2020. Wind and
solar power are growing there,
too, but those levels of production
were far lower to begin with.
Natural gas, which when
burned releases roughly half as
much carbon dioxide as coal, offers a potential bridge from coal to
renewable energy for China. How
much China promotes natural gas
instead of coal will have long-term
consequences for not only its
economy but also its relationship
with Russia.
Gas imports from Russia are increasing rapidly from pipelines
and shipped liquefied natural gas
despite Russia’s invasion of
Ukraine. This year, China has
nearly doubled its gas imports
through a pipeline from eastern
Siberia. But, overall, Russian gas
makes up just 1 percent of Chinese
energy consumption and less than
a tenth of China’s gas consumption. How much more China is prepared to buy from its northern
neighbor is unclear and subject to
intense speculation among Western officials and energy analysts.
The biggest outstanding issue
is whether a larger second pipeline, known as Power of Siberia 2,
will be built across Mongolia to
China. The gas fields in western
Siberia had been supplying Europe. But President Vladimir V.
Putin of Russia has sharply reduced those flows to punish European leaders for opposing his invasion of Ukraine.
Russia has been eager to build
Power of Siberia 2, which could
supply a tenth of China’s gas
needs. But China appears to be
stalling, and is mulling whether to
deepen its energy relationship
with Moscow. China has consistently sought diversity of supply
and long-term, low-cost contracts.
“China has committed to nothing yet,” said Anna Mikulska, a
natural gas and Russia expert at
Rice University. “They are looking
for a bargain.”
China is focused for now on
coal. The Beijing region’s strategy
of keeping a giant coal-fired
power plant to meet brief peaks in
demand defies conventional wisdom in the global power industry.
Natural gas has long been seen
as a better choice for meeting

PHOTOGRAPHS BY GILLES SABRIÉ FOR THE NEW YORK TIMES

China is installing more solar panels
each year than the rest of the world
combined, like at a solar farm in
Hanhaozhuang, above. Natural gas,
like the kind used at a plant in
Dongguan, is seen as better than
coal for meeting peaks in demand.

such peaks, because gas-fired turbines can ramp up electricity production in minutes or even seconds. Coal-fired plants can take a
couple of days from a cold start.
China is now investing heavily
in refitting coal-fired power plants
to make them more suitable for
meeting peak electricity needs,
said Zhou Xizhou, a longtime specialist in Chinese energy who is
now at S&P Global. Keeping coalfired power plants running slowly
— at 30 to 50 percent of capacity,
as China is doing in some cities —
allows the plants to be brought up
to full capacity very quickly when
there is a shortfall in renewable
energy.
The danger for the climate is

Lucid Says It Will Raise $1.5 Billion,
And Reports a Loss of $670 Million
By NEAL E. BOUDETTE

Lucid Group, an electric car company that has struggled to ramp
up manufacturing, said on Tuesday that it had reached agreements to raise up to $1.5 billion,
shoring up its financial position as
it works to streamline and expand
its production operations.
The company said in a regulatory filing that it planned to sell up
to $600 million in new shares
through Bank of America, Barclay’s Capital and Citi. It also said
it reached an agreement to sell up
to $915 million in stock to the sovereign wealth fund of Saudi Arabia, which already owns a majority of Lucid’s stock.
Shares of Lucid were down
about 12 percent in after-hours
trading on Tuesday following the
disclosure of its plans in the securities filing. The company’s stock
was trading at just under $12,
down from more than $50 last November.
Separately on Tuesday, Lucid
said that it had lost $670 million in
the third quarter, compared with a
loss of $524 million loss in the
same period a year earlier. The
company said it had significantly
increased production in the third
quarter.
Revenue rose significantly to
$195.5 million, from $97.3 million
in the second quarter and just
$232,000 in the third quarter of
2021. It delivered 1,398 cars to
customers in the third quarter,
more than twice as many as in the
second quarter.
The fledgling company, based in
Newark, Calif., said it produced
2,282 electric cars in the three
months that ended in September,
more than three times as many as
it made in the previous three
months. “We’ve made great
strides in ramping up our production,” Lucid’s chief executive, Peter Rawlinson, said in an inter-

BRYAN DERBALLA FOR THE NEW YORK TIMES

Lucid built 2,282 electric cars in the three months that ended in September.
The Air, above, its only model, can travel up to 520 miles on a full charge.

view. “We are gradually improving things and there’s a real belief
we are on the right track here.”
He added that the automaker
was on track to hit its revised target of making 6,000 to 7,000 cars
this year.
The company said it had taken
reservations for 34,000 cars from
individuals. Its only model, the Air
sedan, has won accolades from

$915M
The value of stock that Lucid has
agreed to sell to the sovereign
wealth fund of Saudi Arabia.

car magazines and websites. The
car can travel up to 520 miles on a
full charge, more than any other
electric vehicle on the market.
The company said it would begin
taking reservations for a second
model, the Gravity sport-utility
vehicle, early next year.
But Lucid still faces a number of

challenges, including increasing
production and turning a profit.
With the exception of Tesla, most
recent automotive start-ups have
struggled to mass produce their
promising designs and create selfsustaining businesses. Lucid had
$3.85 billion in cash and cash
equivalents at the end of September.
Saudi Arabia’s government has
agreed to buy up to 100,000 cars
from Lucid and the company is
planning to build a manufacturing
facility in that country. It currently makes cars at a factory in
Arizona.
This year investors have lost
much of their enthusiasm for
start-up carmakers, making it
harder and more expensive for
them to raise financing. Rivian,
another electric car company, reports its third-quarter earnings on
Wednesday.
Rivian’s
shares
soared to as high as $180 after its
initial public offering late last
year, but have since fallen sharply.
On Tuesday Rivian’s stock closed
at under $32 a share.

that electric utilities might not be
satisfied with running coal-fired
power plants only part of the time,
said Mr. Sandalow, the former U.S.
energy official. “Once the asset is
built, will there be pressure to use
it more?” he said.
Beijing has begun allowing
electric utilities to charge far more
money per kilowatt-hour for coalgenerated electricity during
power shortages. The cost of electricity soared in August when a
drought in southwestern China
caused a plunge in hydroelectric
power and a wave of blackouts.
“That brings many companies
to the point of considering rooftop
solar panels on their factories,”
said Frank Haugwitz, a longtime

Chinese solar energy sector consultant. China is now installing
more solar panels each year than
the rest of the world combined,
with the electricity generation capacity of new installations doubling again this year.
The country’s National Energy
Administration has mandated
that a slowly rising proportion of
new solar installations must have
batteries, although this makes the
systems more expensive.
The goal is for solar panels to
meet power needs during the day
and store enough electricity in the
batteries to meet local needs for
another two to four hours after
sunset. The batteries also provide
extra time for coal-fired power

plants to raise electricity output.
A peculiarity of China’s previous climate pledges gives the
country’s coal industry an unusual incentive to burn as much
coal as possible in the next seven
years. Mr. Xi has promised that
China’s net carbon emissions will
peak “before 2030,” and then
shrink to zero by 2060.
But he has not specified how
high these emissions will rise. So
burning extra coal in the coming
years could in theory help the coal
industry keep more mines and
power plants running for many
more years at higher output, protecting profits and jobs.
Experts in China dismiss concerns that their country will do
this. Kevin Tu, a Beijing-based fellow for the Center on Global Energy Policy of Columbia University,
said China’s national government
was deeply committed to reducing
smog and other toxic air pollution,
in addition to climate goals.
But Beijing authorities will
need to watch local officials
closely to make sure that they follow national policies, Mr. Tu said.
“At the local government level,
there are different interest groups
trying to push emissions higher at
the provincial level,” he said. “This
would generate higher economic
growth in the short term, unfortunately at the expense of the environment in the long run.”
Li You contributed research.

File and source

File

gov.uscourts.deb.188293.234.0.pdf

Size

5,143,757 bytes

SHA-256

33bbc948ea91f3497a4ed1463cdf52a1e9288746ead9d172e3554f4dcaca8498

Our copy

gov.uscourts.deb.188293.234.0.pdf

Original

archive.org