Certification of Counsel — Revised Order Retaining Phoenix Executive Services as CFO Provider — In re KServicing

Record facts

U.S. Bankruptcy Court for the District of Delaware · No. 22-10951 · Doc. 312 · 2022-12-01 · Docket on CourtListener

Summary

A Certification of Counsel filed December 1, 2022 as Doc 312 in In re Kabbage, Inc. d/b/a KServicing, et al., Case No. 22-10951 (CTG), in the United States Bankruptcy Court for the District of Delaware. It recounts that on November 16, 2022 the debtors filed a motion at Docket No. 258 for an order authorizing them to employ and retain Phoenix Executive Services, LLC to provide a chief financial officer and designating Marc Sullivan as the debtors' chief financial officer effective as of October 24, 2022. It states that the objection deadline was November 30, 2022 at 4:00 p.m. prevailing Eastern Time and that the Office of the United States Trustee for the District of Delaware gave informal comments before that deadline. A revised proposed order resolving those comments is attached as Exhibit 1, with a redline comparison as Exhibit 2, and the U.S. Trustee does not object to its entry.

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Full text

RLF1 28278942v.1 
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) 
 
Re: Docket No. 258 
------------------------------------------------------------ x 
 
CERTIFICATION OF COUNSEL REGARDING REVISED PROPOSED 
ORDER (I) AUTHORIZING DEBTORS TO EMPLOY AND RETAIN 
PHOENIX EXECUTIVE SERVICES, LLC TO PROVIDE A CHIEF 
FINANCIAL OFFICER AND (II) DESIGNATING MARC SULLIVAN AS 
DEBTORS’ CHIEF FINANCIAL OFFICER, EFFECTIVE AS OF OCTOBER 24, 2022 
 
The undersigned hereby certifies as follows: 
1. 
On November 16, 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 Motion of Debtors for Entry of Order (I) Authorizing 
Debtors to Employ and Retain Phoenix Executive Services, LLC to Provide a Chief Financial 
Officer and (II) Designating Marc Sullivan as Debtors’ Chief Financial Officer, Effective as of 
October 24, 2022 [Docket No. 258] (the “Motion”) with the United States Bankruptcy Court for 
the District of Delaware (the “Court”).  A proposed form of order granting the relief requested 
in the Motion was attached to the Motion as Exhibit A (the “Proposed Order”). 
 
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 312    Filed 12/01/22    Page 1 of 3

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RLF1 28278942v.1 
2. 
Pursuant to the Notice of Motion and Hearing filed with the Motion, 
objections or responses to the relief requested in the Motion, if any, must be made in writing and 
filed with the Court on or before November 30, 2022 at 4:00 p.m. (prevailing Eastern Time) (the 
“Objection Deadline”). 
3. 
Prior to the Objection Deadline, the Debtors received certain informal 
comments (the “Comments”) to the relief requested in the Motion from the Office of the United 
States Trustee for the District of Delaware (the “U.S. Trustee”). 
4. 
To resolve the Comments, the Debtors have prepared a revised form of 
Proposed Order (the “Revised Order”), attached hereto as Exhibit 1.  The Revised Order has 
been circulated to the U.S. Trustee, and the U.S. Trustee does not object to the entry of the Revised 
Order.  For the convenience of the Court and all parties in interest, a redline comparison of the 
Revised Order marked against the Proposed Order is attached hereto as Exhibit 2. 
 
[Remainder of page intentionally left blank] 
 
 
Case 22-10951-CTG    Doc 312    Filed 12/01/22    Page 2 of 3

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RLF1 28278942v.1 
WHEREFORE the Debtors respectfully request that the Revised Order be entered 
at the earliest convenience of the Court. 
Dated: December 1, 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 312    Filed 12/01/22    Page 3 of 3

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