Declaration and Disclosure Statement of Jeffrey J. Chapman (McGuireWoods LLP) — In re KServicing

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The declaration and disclosure statement of Jeffrey J. Chapman, a partner of McGuireWoods LLP, was filed November 23, 2022 as Doc 285 in the Chapter 11 case of Kabbage, Inc. d/b/a KServicing et al., Case No. 22-10951 (CTG), in the U.S. Bankruptcy Court for the District of Delaware. It is submitted under the OCP Order on professionals used in the ordinary course of business (Docket No. 196) and states that the Firm provides legal services to the Debtors regarding regulatory matters. The Firm's customary rates range from $525 per hour for its newest associates to $1,585 per hour for its most senior U.S. partners. Chapman declares that as of the Petition Date the Firm was not party to an agreement for indemnification with the Debtors. Exhibit A lists parties in interest, naming the U.S. Department of Justice and the U.S. Small Business Administration as adverse parties.

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Case 22-10951-CTG Doc 285 Filed 11/23/22 Pagel1of5

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.! : Jointly Administered
y
x Obj. Deadline: December 7, 2022 @ 4:00 p.m. (ET)

DECLARATION AND DISCLOSURE STATEMENT OF
JEFFREY J. CHAPMAN ON BEHALF OF McGUIREWOODS LLP

I, Jeffrey J. Chapman, hereby declare, pursuant to section 1746 of title 28 of the
United States Code, that the following is true to the best of my knowledge, information, and belief:

l. I am a partner of McGuireWoods LLP located at 1251 Avenue of the
Americas, 20" Floor, New York, NY 10020-1104 (the “Firm’).

2. This declaration (the “Declaration”) is submitted in accordance with the
Order Pursuant to 11 U.S.C. $$ 105(a), 327, and 330 Authorizing Debtors to Employ
Professionals Used in Ordinary Course of Business [Docket No. 196] (the “OCP Order”).
Capitalized terms used herein but not otherwise defined herein shall have the meanings ascribed
to such terms in the OCP Order.

3. Kabbage, Inc. d/b/a KServicing and its debtor affiliates, as debtors and
debtors in possession (collectively, the “Debtors”), have requested that the Firm provide legal
services to the Debtors, and the Firm has consented to provide such services. The Firm is a legal

services firm providing legal services to the Debtors regarding regulatory matters.

' 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 285 Filed 11/23/22 Page2of5

4. The Firm has provided services to the Debtors prior to Petition Date.

5. The Firm will be compensated at its standard hourly rates, which are based
on the professionals’ level of experience. The Firm’s current customary rates, subject to change
from time to time, range from $525 per hour for Firm’s newest associates to $1,585 per hour for
Firm’s most senior U.S. partners. In the normal course of its business, the Firm revises its regular
rates on January | of each year and requests that, effective January 1 of each year, the
aforementioned rates be revised to the regular hourly rates which will be in effect at that time.

6. The Firm may have performed services in the past and may perform services
in the future, in matters unrelated to these chapter 11 cases, for persons who are parties in interest
in the Debtors’ chapter 11 cases. As part of its customary practice, the Firm is retained in cases,
proceedings, and transactions involving many different parties, some of whom may represent or
be claimants or employees of the Debtors, or other parties-in-interest in these chapter 11 cases.
The Firm does not perform services for any such person in connection with these chapter 11 cases.
In addition, the Firm does not have any relationship with any such person, its attorneys, or
accountants that would be adverse to the Debtors or their estates with respect to the matters on
which the Firm is to be retained, except as set forth herein.

7. Neither I, nor any principal of, or professional employed by the Firm has
agreed to share or will share any portion of the compensation to be received from the Debtors with
any other person other than the principals and regular employees of the Firm.

8. Neither I, nor any principal of, or professional employed by the Firm,
insofar as I have been able to ascertain, holds or represents any interest adverse to the Debtors or

their estates with respect to the matters on which the Firm 1s to be retained.
Case 22-10951-CTG Doc 285 Filed 11/23/22 Page3of5

9. The Debtors owe the Firm $0 for prepetition services, the payment of which
is subject to the limitations contained in the Bankruptcy Code.

10. For purposes of making the disclosures herein, the Firm searched the list of
parties in interest attached hereto as Exhibit A in its conflict check system.

ai As of the Petition Date, the Firm was not party to an agreement for
indemnification with the Debtors.

12. The Firm is conducting further inquiries regarding its retention by any
creditors of the Debtors, and upon conclusion of that inquiry, or at any time during the period of
its employment, if the Firm should discover any facts bearing on the matters described herein, the
Firm will supplement the information contained in this Declaration.

I declare under penalty of perjury that the foregoing is true and correct.

Executed on: November 23, 2022

By:_/s/ Jeffrey J. Chapman
Case 22-10951-CTG Doc 285 Filed 11/23/22 Page4of5

EXHIBIT A

List of Parties in Interest
Case 22-10951-CTG Doc 285 Filed 11/23/22 Page5of5

Kabbage, Inc. d/b/a KServicing — OCP PII List

1. Debtors

(1) Kabbage, Inc.

(2) Kabbage Asset Securitization LLC
(3) Kabbage Asset Funding 2017-A LLC
(4) Kabbage Asset Funding 2019-A LLC
(5) Kabbage Canada Holdings, LLC

(6) Kabbage Diameter, LLC

2. Non-Debtor Affiliates and
Subsidiaries

(1) Kabbage Financial Services Limited
(UK entity)

(2) Kabbage India Private Limited (India
entity)

3. Debtors’ Trade Names and Aliases

(1) d/b/a KServicing
(2) d/b/a KServicing Corp.
(3) d/b/a KServicing, Inc.

4. Current Officers and Directors

Officers

(1) David Walker
(2) Donna Evans
(3) Salim Kafiti

(4) Holly Loiseau
(5) lan Cox

(6) Laquisha Milner

Directors

(1) Eric Hartz (d/b/a Corporate Hartz,
LLC)

(2) Laquisha Milner

(3) Lawrence X. Taylor

(4) Robin Gregg

Independent Manager

(1) John Hebert

5. Former Officers and Directors (if
available) (3 years)

(1) Daniel Scott Eidson
(2) Jon Hoffman

(3) Julia McCullough
(4) Kathryn Petralia
(5) Kimberly Withrow
(6) L. Scott Askins

(7) Mare Gorlin

(8) Oneal Bhambani
(9) Robert Frohwein
(10) Spencer Robinson
(11) Troy Deus

6. Debtors’ Professionals

(1) AlixPartners, LLP

(2) Greenberg Traung, LLP

(3) Jones Day

(4) Omni Agent Solutions

(5) Richards, Layton & Finger, P.A.
(6) Weil, Gotshal & Manges LLP

7. Adverse Parties

(1) U.S. Department of Justice
(2) U.S. Small Business Administration


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