Order Extending Deadline to Remove Civil Actions — In re KServicing (Bankr. D. Del.)

Record facts

U.S. Bankruptcy Court for the District of Delaware · No. 22-10951 · Doc. 315 · 2022-12-02 · Docket on CourtListener

Full text

RLF1 28278505v.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. 284 
------------------------------------------------------------ x 
 
ORDER (I) EXTENDING THE DEADLINE  
BY WHICH THE DEBTORS MAY REMOVE  
CIVIL ACTIONS, AND (II) GRANTING RELATED RELIEF 
Upon the motion (the “Motion”)2 of Kabbage Inc. d/b/a KServicing and its debtor 
affiliates, as debtors and debtors in possession in the Chapter 11 Cases (collectively, 
the “Debtors”), for entry of an order (i) extending the deadline by which the Debtors may file 
notices of removal under Bankruptcy Rule 9027(a) (the “Removal Deadline”) by 120 days from 
the current deadline, through and including May 3, 2023, and (ii) granting related relief, all as 
more fully set forth in the Motion; and the Court having jurisdiction to consider the Motion and 
the relief requested therein pursuant to 28 U.S.C. §§ 157(a)–(b) and 1334(b), and the Amended 
Standing Order of Reference from the United States District Court for the District of Delaware, 
dated February 29, 2012; and consideration of the Motion and the requested relief being a core 
 
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. 
2  Capitalized terms used but not defined herein shall have the respective meanings ascribed to such terms in the 
Motion. 
Case 22-10951-CTG    Doc 315    Filed 12/02/22    Page 1 of 3

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RLF1 28278505v.1 
proceeding pursuant to 28 U.S.C. § 157(b); and venue being proper before this Court pursuant to 
28 U.S.C. §§ 1408 and 1409; and due and proper notice of the Motion having been provided; and 
such notice having been adequate and appropriate under the circumstances; and it appearing that 
no other or further notice need be provided; and upon any hearing to consider the relief requested 
in the Motion, if necessary; and upon the First Day Declaration and the record of the Hearing, if 
any; and this Court having determined that the legal and factual bases set forth in the Motion 
establish just cause for the relief granted herein; and it appearing that the relief requested in the 
Motion is in the best interests of the Debtors, their estates, creditors, and all parties in interest; and 
upon all of the proceedings had before the Court and after due deliberation and sufficient cause 
appearing therefor, 
IT IS HEREBY ORDERED THAT 
1. 
The Motion is granted to the extent set forth herein. 
2. 
The Removal Deadline is extended through and including May 3, 2023. 
3. 
This Order shall be without prejudice to (i) any position the Debtors may 
take regarding whether section 362 of the Bankruptcy Code applies to stay any litigation pending 
against the Debtors or (ii) the Debtors’ right to seek a further extension of the Removal Deadline. 
4. 
Notwithstanding entry of this Order, nothing herein shall create, nor is 
intended to create, any rights in favor of or enhance the status of any claim held by any party. 
5. 
The Debtors are authorized to take all action necessary to effectuate the 
relief granted in this Order. 
 
 
Case 22-10951-CTG    Doc 315    Filed 12/02/22    Page 2 of 3

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RLF1 28278505v.1 
6. 
The Court shall retain jurisdiction to hear and determine all matters arising 
from or related to the implementation, interpretation, or enforcement of this Order. 
 
Dated: December 2nd, 2022 
Wilmington, Delaware
CRAIG T. GOLDBLATT 
UNITED STATES BANKRUPTCY JUDGE
Case 22-10951-CTG    Doc 315    Filed 12/02/22    Page 3 of 3

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