Fee application (second monthly) — Greenberg Traurig LLP — In re KServicing (Bankr. D. Del.)

Record facts

U.S. Bankruptcy Court for the District of Delaware · No. 22-10951 · Doc. 392 · 2022-12-29 · Docket on CourtListener

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IN THE UNITED STATES BANKRUPTCY COURT 
FOR THE DISTRICT OF DELAWARE 
-------------------------------------------------------------
In re 
KABBAGE, INC. d/b/a KSERVICING, et al., 
Debtors.1 
-------------------------------------------------------------
x 
: 
: 
: 
: 
: 
: 
x 
Chapter 11 
Case No. 22-10951 (CTG) 
(Jointly Administered) 
Obj. Deadline: January 19, 2023 at 4:00 p.m.  (ET) 
SUMMARY OF SECOND MONTHLY APPLICATION OF GREENBERG TRAURIG, 
LLP, AS SPECIAL COUNSEL TO THE BOARD OF DIRECTORS OF KABBAGE, INC. 
d/b/a KSERVICING, FOR ALLOWANCE OF COMPENSATION FOR SERVICES 
RENDERED AND REIMBURSEMENT OF EXPENSES FOR THE PERIOD FROM 
NOVEMBER 1, 2022 THROUGH NOVEMBER 30, 2022 
Name of Applicant: 
Greenberg Traurig, LLP 
Authorized to Provide Professional Services to: 
Board of Directors of Kabbage, Inc. 
Date of Retention: 
November 2, 2022 
(Nunc Pro Tunc to October 3, 2022) 
Period for Which Compensation and 
Reimbursement sought: 
November 1, 2022 through November 30, 2022 
Amount of Compensation Sought as Actual, 
Reasonable and Necessary: 
$38,666.50 
Amount of Compensation for Which Payment is 
Sought Pursuant to this Application: 
$30,933.20 
(80% of fees) 
Amount of Expense Reimbursement  
Sought as Actual, Reasonable and Necessary: 
$0.00 
This is a(n): 
_X_ Monthly 
__ Interim 
__ Final Application 
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 392    Filed 12/29/22    Page 1 of 11

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This Application does not include any hours incurred in connection with preparation of this 
Application. 
COMPENSATION BY PROFESSIONAL 
NOVEMBER 1, 2022 THROUGH NOVEMBER 30, 2022 
The attorneys who rendered professional services in these chapter 11 cases from November 1, 
2022 through November 30, 2022 (the “Fee Period”) are: 
Name of Professional 
Position; Date of Bar 
Admission; Area of 
Expertise 
Hourly 
Billing Rate 
Total 
Billed 
Hours 
Total Compensation 
Tony W. Clark 
Shareholder; Member of 
Delaware Bar since 1982; 
Member of Pennsylvania Bar 
since 1979. Area of expertise: 
Restructuring and Bankruptcy 
$1,565.00 
8.0 
$12,520.00 
Brian E. Greer 
Shareholder; Member of New 
York Bar since 1999. Area of 
expertise: Restructuring and 
Bankruptcy 
$1,125.00 
0.6 
$675.00 
David B. Kurzweil 
Shareholder; Member of New 
York Bar since 2012; Member 
of Georgia Bar since 1987. 
Area of expertise: 
Restructuring and Bankruptcy 
$1,540.00 
9.4 
$14,476.00 
Dennis A. Meloro 
Shareholder; Member of 
Delaware Bar since 2003. 
Area of expertise: Bankruptcy 
$1,255.00 
0.2 
$251.00 
Matthew A. Petrie 
Associate; Member of Florida 
Bar since 2007; Member of 
Georgia Bar since 2020. Area 
of expertise: Restructuring and 
Bankruptcy 
$870.00 
5.8 
$5,046.00 
Total for Attorneys: 
24.0 
$32,968.00 
The paraprofessionals and other non-legal staff who rendered professional services during the Fee 
Period are: 
Name of 
Paraprofessional and 
Other Non-Legal Staff 
Position; Area of Expertise 
Hourly 
Billing 
Rate 
Total Billed 
Hours 
Total 
Compensation 
Sandy Bratton 
Paralegal; 27 years of 
experience.  
$435.00 
13.1 
$5,698.50 
Total: 
13.1 
$5,698.50 
Case 22-10951-CTG    Doc 392    Filed 12/29/22    Page 2 of 11

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The total fees for the Fee Period are: 
Professional 
Categories 
Blended Rate 
Total Billed 
Hours 
Total Compensation 
Shareholders 
$1,534.18 
18.2 
$27,922.00 
Associates 
$870.00 
5.8 
$5,046.00 
Paralegals 
$435.00 
13.1 
$5,698.50 
Total: 
$897.18 
37.1 
$38,666.50 
COMPENSATION BY PROJECT CATEGORY 
NOVEMBER 1, 2022 THROUGH NOVEMBER 30, 2022 
Task 
Code 
Project Category 
Total 
Hours 
Total Fees 
KS001 
Case Administration 
11.5 
$11,494.50 
KS003 
Employment and Fee Applications 
9.9 
$6,736.00 
KS005 
Board Governance 
9.9 
$11,876.00 
KS007 
Court Hearings 
5.8 
$8,560.00 
EXPENSE SUMMARY 
NOVEMBER 1, 2022 THROUGH NOVEMBER 30, 2022 
Expense Category 
Total Expenses 
N/A 
$0 
Total Disbursements: 
$0 
PRIOR APPLICATIONS FILED 
DATE 
PERIOD 
DOCKET NO. 
FEES 
EXPENSES 
December 2, 2022 
October 3, 2022 through 
October 31, 2022 
326 
$84,604.00 
$411.25 
Case 22-10951-CTG    Doc 392    Filed 12/29/22    Page 3 of 11

IN THE UNITED STATES BANKRUPTCY COURT 
FOR THE DISTRICT OF DELAWARE 
------------------------------------------------------------- 
In re 
KABBAGE, INC. d/b/a KSERVICING, et al., 
Debtors.1 
------------------------------------------------------------- 
x 
: 
: 
: 
: 
: 
: 
x 
Chapter 11 
Case No. 22-10951 (CTG) 
(Jointly Administered) 
Obj. Deadline: January 19, 2023 at 4:00 p.m.  (ET) 
SECOND MONTHLY APPLICATION OF GREENBERG TRAURIG, LLP, AS 
SPECIAL COUNSEL TO THE BOARD OF DIRECTORS OF KABBAGE, INC. d/b/a 
KSERVICING, FOR ALLOWANCE OF COMPENSATION FOR SERVICES 
RENDERED AND REIMBURSEMENT OF EXPENSES FOR THE PERIOD FROM 
NOVEMBER 1, 2022 THROUGH NOVEMBER 30, 2022 
Greenberg Traurig, LLP (“Greenberg Traurig”), special counsel to the Board of Directors 
of Kabbage, Inc. d/b/a/ KServicing (the “Board”), hereby files its second monthly application (the 
“Application”) for allowance and payment of compensation for professional services rendered to 
the Board and for reimbursement of actual and necessary expenses incurred in connection 
therewith for the period commencing November 1, 2022 through and including November 30, 
2022 (the “Fee Period”), pursuant to sections 105(a), 330, and 331 of title 11 of the United States 
Code (the “Bankruptcy Code”), Rule 2016 of the Federal Rules of Bankruptcy Procedure 
(the “Bankruptcy Rules”), Rule 2016-2 of the Local Rules of Bankruptcy Practice and Procedure 
of the United States Bankruptcy Court for the District of Delaware (the “Local Rules”), and the 
Court’s Order Establishing Procedures for Interim Compensation and Reimbursement of 
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 392    Filed 12/29/22    Page 4 of 11

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Expenses of Professionals [Docket No. 136] (the “Interim Compensation Order”). In support of 
this Application, Greenberg Traurig respectfully represents as follows: 
Background 
1.
On October 3, 2022 (the “Petition Date”), the Debtors each commenced with this
Court a voluntary case under chapter 11 of the Bankruptcy Code (the “Chapter 11 Cases”). The 
Debtors are authorized to continue to operate their business as debtors in possession pursuant to 
sections 1107(a) and 1108 of the Bankruptcy Code. No trustee, examiner, or statutory committee 
of creditors has been appointed in these Chapter 11 Cases.   
2.
Pursuant to Bankruptcy Rule 1015(b), the Chapter 11 Cases are being jointly
administered under the above captioned case. 
3.
Additional information regarding the Debtors’ business, capital structure, and the
circumstances leading to the commencement of these Chapter 11 Cases is set forth in the 
Declaration of Deborah Rieger-Paganis in Support of Debtors’ Chapter 11 Petitions and First 
Day Relief [Docket No. 13] (the “First Day Declaration”). 
4.
On November 2, 2022, the Court entered the Order Authorizing Debtors to Employ
and Retain Greenberg Traurig, LLP as Special Counsel to the Board of Directors of Kabbage, 
Inc. d/b/a KServicing Effective as of the Petition Date [Docket No. 197] authorizing the Debtors 
to retain Greenberg Traurig as special counsel to the Board. 
Jurisdiction 
5.
The Court has jurisdiction to consider this matter pursuant to 28 U.S.C. §§ 157 and
1334, and the Amended Standing Order of Reference from the United States District Court for the 
District of Delaware, dated February 29, 2012. This is a core proceeding pursuant to 28 U.S.C. 
§ 157(b).  Venue is proper before the Court pursuant to 28 U.S.C. §§ 1408 and 1409.
Case 22-10951-CTG    Doc 392    Filed 12/29/22    Page 5 of 11

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6.
Pursuant to Local Rule 9013-1(f), Greenberg Traurig consents to the entry of a final
order by the Court in connection with this Application to the extent that it is later determined that 
the Court, absent consent of the parties, cannot enter final orders or judgments consistent with 
Article III of the United States Constitution. 
Compensation Paid and its Source 
7.
All services performed during the Fee Period for which Greenberg Traurig is
requesting compensation were performed for or on behalf of the Board. 
8.
As of the date of this Application, Greenberg Traurig has not received any payment
or any promise of payment for the services rendered from anyone in any capacity, nor is there an 
agreement in place between Greenberg Traurig and any person or otherwise in connection with 
the matters in this Application. 
Summary of Services 
9.
This Application is the second monthly fee application filed by Greenberg Traurig
in these cases. In connection with the professional services described below, by this Application, 
Greenberg Traurig seeks compensation in the amount of $38,666.50 for the Fee Period. 
10.
The services rendered during this Fee Period by Greenberg Traurig professionals
and paraprofessionals (the “Professionals”) are described below. The Professionals in these cases 
have all been involved in some capacity with drafting, reviewing/revising, and filing of various 
documents with this Court, advising the Board with respect to various matters involving these 
cases, and performing various services as described within the Monthly Fee Statement. 
11.
Each of the following is set forth in the invoice attached hereto as Exhibit A:  (i) a
description of the professional or paraprofessional performing the services; (ii) the date the 
services were performed; (iii) a detailed description of the nature of the services and the related 
time expended; and (iv) a summary of the fees and hours of each professional and other 
Case 22-10951-CTG    Doc 392    Filed 12/29/22    Page 6 of 11

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timekeepers listed by project category (which applicable categories are set forth below). 
Specifically, Greenberg Traurig rendered the following services during the Fee Period as counsel 
to the Board:  
a) Case Administration (KS001)
Fees: $11,494.50; Hours: 11.5
This category includes services related to the general administration of these cases, 
including without limitation, reviewing case background, case status, and pleadings filed in the 
cases, and maintaining a calendar of important dates. 
b) Fee/Employment Applications (KS003)
Fees: $6,736.00; Hours: 9.9 
This category includes services related to drafting, reviewing, revising, and finalizing 
Greenberg Traurig’s first monthly fee application. 
c) Board and Corporate Governance (KS005)
Fees: $11,876.00; Hours: 9.9 
This category includes services related to reviewing materials and presentations prepared 
for the Board, attending meetings of the Board, and reviewing minutes of meetings of the Board.  
d) Court Hearings (KS007)
Fees: $8,560.00; Hours: 5.8
This category includes services related to preparing for and attending hearings, including 
hearings on approval of the Debtors’ settlement with Customers Bank. 
Summary of Expenses 
12.
During the Fee Period, Greenberg Traurig did not incur or disburse costs and
expenses related to these cases, and therefore no reimbursement of expenses is sought by this 
Application. 
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Valuation Of Services 
13.
Greenberg Traurig expended a total of 37.1 hours in connection with this matter
during the Fee Period. A list of the Professionals who billed time during the Fee Period is set forth 
below. The nature of the work performed by the Professionals is detailed in Exhibit A of this 
Application. 
Professional 
Hourly Rate 
Hours 
Tony W. Clark 
$1,565.00 
8.0 
Brian E. Greer 
$1,125.00 
0.6 
David B. Kurzweil 
$1,540.00 
9.4 
Dennis A. Meloro 
$1,255.00 
0.2 
Matthew A. Petrie 
$870.00 
5.8 
Sandy Bratton 
$435.00 
13.1 
The above hourly rates are Greenberg Traurig’s normal hourly rates for work of this character. 
The reasonable value of the services rendered by Greenberg Traurig to the Board during the Fee 
Period is $38,666.50. 
14.
In accordance with the factors enumerated in section 330 of the Bankruptcy Code,
the amounts requested herein for compensation and expense reimbursement are fair and reasonable 
given (a) the complexity of these cases, (b) the time expended by the attorneys and 
paraprofessionals at Greenberg Traurig, (c) the nature and extent of the services rendered, (d) the 
value of such services, and (e) the costs of comparable services other than in a case under this title. 
15.
Greenberg Traurig hereby certifies that (i) it has reviewed the requirements of Local
Rule 2016-2 and (ii) this Application complies with such rule. 
Reservation of Rights 
16.
To the extent time or disbursement charges for services rendered or disbursements
incurred relate to the Fee Period but were not processed prior to the preparation of this Fee 
Statement, or Greenberg Traurig has for any other reason not sought compensation or 
Case 22-10951-CTG    Doc 392    Filed 12/29/22    Page 8 of 11

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reimbursement of expenses herein with respect to any services rendered or expenses incurred 
during the Fee Period, Greenberg Traurig reserves the right to request additional compensation for 
such services and reimbursement of such expenses in a future fee statement. 
Notice 
17.
Notice of this Fee Statement will be provided in accordance with the Interim
Compensation Order on the Fee Notice Parties (as defined in the Interim Compensation Order).  
No further notice is required. 
Conclusion 
WHEREFORE Greenberg Traurig respectfully requests (a)  interim allowance of 
compensation for professional services rendered to the Debtors during the Fee Period in the 
amount of $38,666.50 for actual and necessary costs; (b)  that, in accordance with the Interim 
Compensation Order, the Debtors pay Greenberg Traurig a total of $30,933.20 (representing 80% 
of the total amount of fees allowed) if no objections are timely filed and Greenberg Traurig files a 
certificate of no objection with the Court in accordance with the Interim Compensation Order; 
(c) that the interim allowance of such compensation for professional services rendered be without
prejudice to Greenberg Traurig’s right to seek such further compensation for the full value of 
services performed and expenses incurred; and (d)  that the Court grant Greenberg Traurig such 
other and further relief as is just. 
[Remainder of Page Intentionally Left Blank] 
Case 22-10951-CTG    Doc 392    Filed 12/29/22    Page 9 of 11

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Dated: 
December 29, 2022 
Respectfully submitted, 
GREENBERG TRAURIG, LLP 
/s/ Dennis A. Meloro 
Anthony W. Clark (DE Bar No. 2051) 
Dennis A. Meloro (DE Bar No. 4435) 
222 Delaware Avenue, Suite 1600 
Wilmington, Delaware 19801 
Telephone: (302) 661-7000 
Email: anthony.clark@gtlaw.com 
melorod@gtlaw.com 
– and –
David B. Kurzweil (admitted pro hac vice) 
Matthew A. Petrie (admitted pro hac vice) 
3333 Piedmont Road NE, Suite 2500 
Atlanta, Georgia 30305 
Telephone:  (678) 553-2259 
Email: kurzweild@gtlaw.com 
petriem@gtlaw.com 
Counsel to the Board of Directors of Kabbage, Inc. 
d/b/a KServicing 
Case 22-10951-CTG    Doc 392    Filed 12/29/22    Page 10 of 11

CERTIFICATION OF COMPLIANCE WITH LOCAL RULE 2016-2 
I, David B. Kurzweil, declare, pursuant to 28 U.S.C. § 1746, under penalty of perjury: 
1.
I am a shareholder in the applicant firm, Greenberg Traurig, LLP, and have been
admitted to the bar of the States of Georgia and New York. 
2.
I have personally performed some of the legal services rendered by Greenberg
Traurig, LLP as counsel to the Board and am generally familiar with all other work performed on 
behalf of the Board by the lawyers and paraprofessionals in the firm. 
3.
The facts set forth in the foregoing Application are true and correct to the best of
my knowledge, information and belief. Moreover, I have reviewed the requirements of Rule 
2016-2 of the Local Rules of Practice and Procedure of the United States Bankruptcy Court for the 
District of Delaware and submit that the Application complies with such requirements. 
Dated: December 29, 2022 
/s/ David B. Kurzweil 
David B. Kurzweil 
3333 Piedmont Road NE, Suite 2500 
Atlanta, Georgia 30305 
Telephone:  (678) 553-2259 
Email: kurzweild@gtlaw.com 
Case 22-10951-CTG    Doc 392    Filed 12/29/22    Page 11 of 11

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