Court filing

Second Monthly Fee Statement (Omni Agent Solutions) — In re KServicing (Bankr. D. Del.)

Filed December 29, 2022 in Kservicing Bankruptcy; one of 140 filings from this case.

Record facts

Court	U.S. Bankruptcy Court for the District of Delaware
Filed	2022-12-29

U.S. Bankruptcy Court for the District of Delaware · No. 22-10951 · Doc. 390 · 2022-12-29 · Docket on CourtListener

Full text

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)

------------------------------------------------------------ x
Obj. Deadline: January 19, 2023 at 4:00 p.m. (ET)
SUMMARY OF SECOND MONTHLY FEE STATEMENT
OF OMNI AGENT SOLUTIONS FOR PAYMENT OF COMPENSATION AND
REIMBURSEMENT OF EXPENSES FOR PERIOD NOVEMBER 1, 2022 THROUGH
NOVEMBER 30, 2022

Name of Applicant:
Authorized to Provide Professional Services to:
Date of Retention:
Period for which compensation and
reimbursement are sought:
Amount of compensation sought as actual,
reasonable, and necessary:
Amount of expense reimbursement sought as
actual, reasonable, and necessary:

Omni Agent Solutions
Debtors and Debtors in Possession

October 21, 2022 effective as of October 3, 2022

November 1, 2022 through November 30, 2022

$7,001.20 (80% of $8,751.50)
$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 390 Filed 12/29/22 Page 1 of 9

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Prior Applications:

Date
Filed/Dkt.
No.
Period
Requested
Fees
Requested
Costs
Paid Fees
Paid
Expenses
Holdback
12/2/22
No. 324
10/3/22 ‐
10/31/22
$5,083.50
$0.00
$0.00
$0.00
n/a
TOTAL
$5,083.50
$0.00
$0.00
$0.00

COMPENSATION BY PROFESSIONAL
NOVEMBER 1, 2022 THROUGH NOVEMBER 30, 2022

The Omni professionals who rendered services in these chapter 11 cases from November 1, 2022 through
November 30, 2022 (the “Fee Period”) are:
Professional
Hours
Rate
Total
Brittney Whitaker
1.5
$175.00
$262.50
David Green
4.5
$150.00
$675.00
Kim Steverson
2.8
$187.50
$525.00
Max Meisler
0.7
$140.00
$98.00
Michelle Ignacio
10.8
$175.00
$1,890.00
Paul Story
38.0
$139.50
$5,301.00
TOTAL
58.3
‐ ‐ ‐ ‐
$8,751.50

COMPENSATION BY PROJECT CATEGORY
NOVEMBER 1, 2022 THROUGH NOVEMBER 30, 2022
Category
Hours
Fees
Balloting
58.3
$8,751.50
TOTAL
58.3
$8,751.50

Case 22-10951-CTG Doc 390 Filed 12/29/22 Page 2 of 9

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)

------------------------------------------------------------ x
Obj. Deadline: January 19, 2023 at 4:00 p.m. (ET)
SECOND MONTHLY FEE STATEMENT
OF OMNI AGENT SOLUTIONS FOR PAYMENT OF COMPENSATION AND
REIMBURSEMENT OF EXPENSES FOR PERIOD NOVEMBER 1, 2022 THROUGH
NOVEMBER 30, 2022
Omni Agent Solutions (“Omni” or the “Firm”), administrative agent for 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”), hereby files its second monthly fee
statement (this “Fee Statement”) for payment of compensation for professional services rendered
to the Debtors 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

2
Expenses of Professionals [Docket No. 136] (the “Interim Compensation Order”). In support
of this Fee Statement, Omni 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”).2
4.
This Court authorized Omni’s retention as administrative agent for the
Debtors pursuant to the Order Authorizing Debtors to Employ and Retain Omni Agent Solutions,
Inc. as Administrative Agent Effective as of the Petition Date [Docket No. 138] (the “Retention
Order”), entered on October 21, 2022.
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

2 Capitalized terms used but not defined herein shall have the respective meanings ascribed to such terms in the First
Day Declaration.
Case 22-10951-CTG Doc 390 Filed 12/29/22 Page 4 of 9

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pursuant to 28 U.S.C. § 157(b). Venue is proper before the Court pursuant to 28 U.S.C. §§ 1408
and 1409.
6.
Pursuant to Local Rule 9013-1(f), the Debtors consent to the entry of a final
order by the Court in connection with this Fee Statement 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.
Summary of Professional Compensation
and Reimbursement of Expense Requested
7.
By this Fee Statement, Omni requests allowance and payment of $7,001.20
(80% of $8,751.50) as compensation for professional services rendered to the Debtors during the
Fee Period and allowance and payment of $0.00 as reimbursement for actual and necessary
expenses incurred by Omni during the Fee Period. All services for which compensation is
requested by Omni were performed for or on behalf of the Debtors.
8.
During the Fee Period, Omni received no payment and no promises of
payment from any source for services rendered or to be rendered in any capacity whatsoever in
connection with the matters covered by this Fee Statement. There is no agreement or
understanding between Omni and any other person, other than members of Omni, for the sharing
of compensation to be received for services rendered in these Chapter 11 Cases.
9.
The fees charged by Omni in these Chapter 11 Cases are billed in
accordance with its existing billing rates and procedures in effect during the Fee Period, and in
accordance with the Retention Order.
10.
Omni maintains computerized records of the time spent by all Omni
professionals in connection with the Firm’s representation of the Debtors. Annexed hereto as
Exhibit A are copies of Omni’s itemized time records for professionals performing services for
Case 22-10951-CTG Doc 390 Filed 12/29/22 Page 5 of 9

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the Debtors during the Fee Period. Omni’s time records comply with the requirements set forth in
Local Rule 2016-2.
Summary of Services
11.
The following is a summary of the significant professional services
rendered by Omni during the Fee Period. This summary is organized in accordance with the
internal system of task codes set up by Omni at the outset of these Chapter 11 Cases.3 If a task
code does not appear below, then Omni did not bill significant time for that task code during the
Fee Period but may bill time for that task code in the future. Certain services performed may
overlap between, or appropriately be allocated to, more than one task code.
a.
Balloting

Fees: $8,751.50; Total Hours: 58.3
 This category includes all services provided by Omni with
respect to the Debtors’ draft plan and disclosure statement,
including the preparation of a plan/class report, as well as an
eballoting portal.
12.
The foregoing professional services performed by Omni were necessary and
appropriate to the administration of these Chapter 11 Cases and were in the best interests of the
Debtors’ estates and their stakeholders. Compensation for the foregoing services as requested is
commensurate with the complexity, importance, and nature of the problems, issues, and tasks
involved. The professional services were performed skillfully and efficiently.
Actual and Necessary Disbursements
13.
Omni did not incur any expenses during the Fee Period.

3 Exhibit A annexed hereto provides a more detailed description of the services provided during the Fee Period, and
reference should be made thereto for a complete recitation of such services.
Case 22-10951-CTG Doc 390 Filed 12/29/22 Page 6 of 9

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Reservation of Rights
14.
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 Omni has for any other reason not sought compensation or reimbursement
of expenses herein with respect to any services rendered or expenses incurred during the Fee
Period, Omni reserves the right to request additional compensation for such services and
reimbursement of such expenses in a future fee statement.
Notice
15.
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.
Case 22-10951-CTG Doc 390 Filed 12/29/22 Page 7 of 9

WHEREFORE Omni respectfully requests (a) interim allowance of compensation for
professional services rendered to the Debtors during the Fee Period in the amount of $8,751.50
and for expenses incurred by Omni during the Fee Period in the amount of $0.00; (b) that, in
accordance with the Interim Compensation Order, the Debtors pay Omni a total of $7,001.20
consisting of fees of $7,001.20 (representing 80% of the total amount of fees allowed) and $0.00
(representing 100% of the expenses allowed), if no objections are timely filed and Omni 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 and
reimbursement of actual and necessary expenses incurred be without prejudice to Omni’s right to
seek such further compensation for the full value of services performed and expenses incurred;
and (d) that the Court grant Omni such other and further relief as is just.
Dated: December 29, 2022

New York, New York

/s/ Paul H. Deutch
Paul H, Deutch
Omni Agent Solutions
1120 Avenue of the Americas, 4th Fl
New York, NY 10035
212-302-3580
pdeutch@omniagnt.com

Administrative Agent for Debtors
and Debtors in Possession

Case 22-10951-CTG Doc 390 Filed 12/29/22 Page 8 of 9

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)

------------------------------------------------------------ x

DECLARATION OF PAUL H. DEUTCH

I, Paul H. Deutch, hereby declare the following under penalty of perjury:
1.
I am the Executive Vice President of the applicant firm, Omni (“Omni” or
the “Firm”).
2.
I am familiar with the services rendered by Omni Agent Solutions as
Administrative Agent to the Debtors as set forth in the Application.
3.
I have reviewed the foregoing Fee Statement, and the facts set forth therein
are true and correct to the best of my knowledge, information and belief. Moreover, I have
reviewed Local Rule 2016-2 and submit that the Fee Statement complies with such rule.
Dated: December 29, 2022
New York, New York

/s/ Paul H. Deutch
Paul H. Deutch

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Second Monthly Fee Statement (Omni Agent Solutions) — In re KServicing (Bankr. D. Del.)

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