OCP Declaration and Disclosure Statement (Thomas E. Austin, Jr., LLC) — In re KServicing

Record facts

U.S. Bankruptcy Court for the District of Delaware · No. 22-10951 · Doc. 320 · 2022-12-02 · Docket on CourtListener

Summary

A declaration and disclosure statement of Thomas E. Austin, Jr., LLC, filed December 2, 2022 as Doc 320 in the jointly administered Chapter 11 cases 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 order authorizing the debtors to employ ordinary course professionals, Docket No. 196, and sets an objection deadline of December 16, 2022. The firm's managing member states that the firm represents the debtors in borrower bankruptcy cases and will bill $415.00 per hour for its attorney and $200.00 per hour for its paralegal. It states the debtors owe the firm $0.00 for prepetition services and that the firm holds no interest adverse to the debtors. Exhibit A lists the parties in interest searched for conflicts; the filing is four pages.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

RLF1 28300043v.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) 
 
:  
 
: 
: 
(Jointly Administered) 
 
 
 
Debtors.1 
: Obj. Deadline: December 16, 2022 at 4:00 p.m. (ET) 
---------------------------------------------------------- 
x 
 
DECLARATION AND DISCLOSURE STATEMENT OF 
THOMAS E. AUSTIN, JR., LLC, ON BEHALF OF KABBAGE, INC. 
 
I, Thomas E. Austin, Jr., 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: 
1. 
I am the Managing Member of Thomas E. Austin, Jr., LLC located at 2625 
Piedmont Road NE, Suite 56-330, Atlanta, Georgia 30324-3086 (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 
 
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 320    Filed 12/02/22    Page 1 of 4

 
2 
RLF1 28300043v.1 
services to the Debtors, and the Firm has consented to provide such services. The Firm is a legal 
services firm representing the Debtors in borrower bankruptcy cases. 
4. 
The Firm has provided services to the Debtors prior to the Petition Date. 
5. 
The Firm will bill the Debtors at its usual, regular rate of $415.00 per hour 
for its’ attorney and $200.00 per hour for its’ paralegal, and the Firm will bill the Debtors on a 
monthly basis.  Our hourly rates are adjusted annually, and our 2023 rates for The Firm’s attorney 
is $425.00 per hour and $215.00 for its’ paralegal. 
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 is to be retained. 
Case 22-10951-CTG    Doc 320    Filed 12/02/22    Page 2 of 4

 
3 
RLF1 28300043v.1 
9. 
The Debtors owe the Firm $0.00 for prepetition services, the payment of 
which is subject to the limitations contained in the Bankruptcy Code.  The Firm has agreed to 
waive any unpaid amounts for prepetition services. 
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. 
11. 
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: December 1, 2022 
 
 
/s/ Thomas E. Austin, Jr.  
 
 
Thomas E. Austin, Jr. 
Georgia Bar No. 028835 
Counsel for Kabbage, Inc. 
 
Thomas E. Austin, Jr., LLC 
2625 Piedmont Road, N.E. 
Suite 56-330 
Atlanta, Georgia  30324-3086 
(404) 814-3755 
 
Case 22-10951-CTG    Doc 320    Filed 12/02/22    Page 3 of 4

 
 
RLF1 28300043v.1 
EXHIBIT A 
 
List of Parties in Interest 
 
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) Ian 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) Marc Gorlin 
(8) Oneal Bhambani 
(9) Robert Frohwein 
(10) Spencer Robinson 
(11) Troy Deus 
 
6. Debtors Professionals 
 
(1) AlixPartners, LLP 
(2) Greenberg Traurig, LLP 
(3) Jones Day 
(4) Omni Agent Solutions 
(5) Richards, Layton & Finger, P.A. 
(6) Weil, Gotshal & Manges LLP 
 
7. Litigation Parties in Interest 
 
(1) Henry Anesthesia Associates, LLC 
(2) Jones and Walden, LLC 
(3) Ogier, Rothschild & Rosenfeld, PC 
(4) SM Novelties, LLC 
(5) Marshack Hays LLP 
(6) Arent Fox LLP 
(7) Law Office of James A. Flanagan 
 
 
 
 
Case 22-10951-CTG    Doc 320    Filed 12/02/22    Page 4 of 4

File and source

File

gov.uscourts.deb.188293.320.0.pdf

Size

206,699 bytes

SHA-256

2e4c3e694f51389b4ef48774353b51d5371c880ad2036510ba57a672377fd6a1

Our copy

gov.uscourts.deb.188293.320.0.pdf

Original

archive.org