Notice of Extended Objection Deadline for Disclosure Statement and Continued Hearing — In re KServicing (Bankr. D. Del.)

Record facts

U.S. Bankruptcy Court for the District of Delaware · No. 22-10951 · Doc. 246 · 2022-11-11 · Docket on CourtListener

Full text

RLF1 28225887v.1 
UNITED STATES BANKRUPTCY COURT 
DISTRICT OF DELAWARE 
------------------------------------------------------------ x 
 
 
: 
Chapter 11 
In re 
: 
 
 
: 
Case No. 22-10951 (CTG) 
KABBAGE, INC. d/b/a KSERVICING, et al., : 
 
 
: 
(Jointly Administered)  
 
 
Debtors.1 
: 
 
 
: 
Obj. Deadline:  Dec. 2, 2022, at 4:00 p.m. (ET) 
 
: 
Hearing Date:  To be determined 
 
: 
 
 
: 
Re: Docket Nos. 14, 63, 98 & 176 
------------------------------------------------------------ x 
 
 
NOTICE OF EXTENDED OBJECTION DEADLINE FOR AND CONTINUED HEARING 
TO CONSIDER APPROVAL OF (I) THE DISCLOSURE STATEMENT AND  
(II) THE RELIEF REQUESTED IN THE DISCLOSURE STATEMENT MOTION 
 
PLEASE TAKE NOTICE THAT on October 5, 2022, Kabbage, Inc. d/b/a 
KServicing and its debtor affiliates, as debtors and debtors in possession in the above-captioned 
chapter 11 cases (collectively, the “Debtors”), filed the Disclosure Statement for the Joint Chapter 
11 Plan of Liquidation Kabbage, Inc. (d/b/a KServicing) and its Affiliated Debtors [Docket No. 63] 
(as may be amended, modified, or supplemented, the “Disclosure Statement”), and on October 12, 
2022, the Debtors filed the Notice of Hearing to Consider Approval of  Disclosure Statement for the 
Joint Chapter 11 Plan of Liquidation of Kabbage, Inc. (d/b/a KServicing) and its Affiliated Debtors 
[Docket No. 98] (the “Disclosure Statement Notice”), with the United States Bankruptcy Court for 
the District of Delaware (the “Court”). 
 
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 246    Filed 11/11/22    Page 1 of 4

 
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RLF1 28225887v.1 
PLEASE TAKE FURTHER NOTICE THAT on October 31, 2022, the Debtors filed 
the Motion of Debtors for Entry of Order (I) Approving the Disclosure Statement of the Debtors, (II) 
Establishing Solicitation, Voting, and Related Procedures, (III) Scheduling Confirmation Hearing, 
(IV) Establishing Notice and Objection Procedures for Confirmation of Plan, (V) Approving Special 
Electronic Noticing Procedures, (VI) Approving Debtors’ Proposed Cure Procedures for Unexpired 
Leases and Executory Contracts, and (VII) Granting Related Relief [Docket No. 176] (the 
“Disclosure Statement Motion”) with the Court.  Pursuant to the Disclosure Statement Motion, the 
Debtors sought entry of an order (the “Disclosure Statement Order”), approving, among other 
things, the Disclosure Statement and the solicitation and voting procedures with respect to the Joint 
Chapter 11 Plan of Liquidation Kabbage, Inc. (d/b/a KServicing) and its Affiliated Debtors [Docket 
No. 14] (as may be amended, modified, or supplemented, the “Plan”). 
PLEASE TAKE FURTHER NOTICE THAT pursuant to the Disclosure Statement 
Notice and the Notice of Motion and Hearing filed with the Disclosure Statement Motion, objections 
or responses to entry of the Disclosure Statement Order, including approval of the Disclosure 
Statement, were to be filed on or before November 14, 2022 at 4:00 p.m. (prevailing Eastern Time) 
(the “Objection Deadline”), and a hearing to consider entry of the Disclosure Statement Order, 
including approval of the Disclosure Statement, was scheduled for November 21, 2022 at 1:00 p.m. 
(prevailing Eastern Time) (the “Hearing”). 
PLEASE TAKE FURTHER NOTICE THAT the Debtors hereby extend the 
Objection Deadline through and including December 2, 2022, at 4:00 p.m. (prevailing Eastern 
Time). 
PLEASE TAKE FURTHER NOTICE THAT the Hearing has been continued to a 
date and time to be determined.  The date and time of the Hearing will be separately noticed upon 
receiving such date and time from the Court. 
Case 22-10951-CTG    Doc 246    Filed 11/11/22    Page 2 of 4

 
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RLF1 28225887v.1 
PLEASE TAKE FURTHER NOTICE THAT IF AN OBJECTION TO THE 
DISCLOSURE STATEMENT OR DISCLOSURE STATEMENT MOTION IS NOT FILED 
BY THE EXTENDED OBJECTION DEADLINE, THE OBJECTING PARTY MAY BE 
BARRED FROM OBJECTING TO THE DISCLOSURE STATEMENT OR THE 
ADEQUACY THEREOF, OR THE DISCLOSURE STATEMENT MOTION, AND MAY 
NOT BE HEARD AT THE HEARING.  IF NO OBJECTIONS TO THE DISCLOSURE 
STATEMENT OR THE DISCLOSURE STATEMENT MOTION ARE TIMELY FILED AS 
SET FORTH HEREIN, THE COURT MAY ENTER THE DISCLOSURE STATEMENT 
ORDER WITHOUT FURTHER NOTICE OR HEARING.  THIS NOTICE IS NOT A 
SOLICITATION OF VOTES TO ACCEPT OR REJECT THE PLAN.  VOTES ON THE 
PLAN MAY NOT BE SOLICITED UNLESS AND UNTIL THE COURT ENTERS THE 
DISCLOSURE STATEMENT ORDER. 
PLEASE TAKE FURTHER NOTICE THAT the Objection Deadline may be further 
extended or the Hearing continued or adjourned from time to time without further notice to parties 
in interest other than by an announcement in the Court of such extension or adjournment, or as 
indicated in any notice of hearing or agenda of matters scheduled for hearing filed by the Debtors 
with the Court. 
 
 
Case 22-10951-CTG    Doc 246    Filed 11/11/22    Page 3 of 4

 
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RLF1 28225887v.1 
Dated: November 11, 2022 
Wilmington, Delaware 
 
/s/ Matthew P. Milana 
RICHARDS, LAYTON & FINGER, P.A. 
Daniel J. DeFranceschi, Esq. (No. 2732) 
Amanda R. Steele, Esq. (No. 5530) 
Zachary I. Shapiro, Esq. (No. 5103) 
Matthew P. Milana, Esq. (No. 6681) 
One Rodney Square 
920 North King Street 
Wilmington, Delaware 19801 
Telephone: (302) 651-7700 
E-mail: defranceschi@rlf.com 
       steele@rlf.com 
       shapiro@rlf.com 
       milana@rlf.com 
 
-and- 
 
WEIL, GOTSHAL & MANGES LLP 
Ray C. Schrock, P.C. (admitted pro hac vice) 
Candace M. Arthur, Esq. (admitted pro hac vice) 
Natasha S. Hwangpo, Esq. (admitted pro hac vice) 
Chase A. Bentley, Esq. (admitted pro hac vice) 
767 Fifth Avenue 
New York, New York 10153 
Telephone:  
(212) 310-8000 
E-mail:  
ray.schrock@weil.com 
 
 
candace.arthur@weil.com 
 
 
natasha.hwangpo@weil.com 
 
 
chase.bentley@weil.com 
 
Attorneys for Debtors and Debtors in Possession 
 
Case 22-10951-CTG    Doc 246    Filed 11/11/22    Page 4 of 4

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