Notice of Agenda (January 6, 2023 Hearing) — In re KServicing

Record facts

U.S. Bankruptcy Court for the District of Delaware · No. 22-10951 · Doc. 403 · 2023-01-04 · Docket on CourtListener

Full text

RLF1 28396770v.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)  
------------------------------------------------------------ x 
 
NOTICE OF AGENDA FOR HEARING SCHEDULED  
FOR JANUARY 6, 2023 AT 10:00 A.M. (PREVAILING EASTERN TIME),  
BEFORE THE HONORABLE CRAIG T. GOLDBLATT, AT THE UNITED  
STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE 
THE HEARING WILL BE HELD IN-PERSON IN JUDGE GOLDBLATT’S 
COURTROOM.  ALL PARTIES, INCLUDING WITNESSES, ARE EXPECTED TO 
ATTEND IN PERSON UNLESS PERMITTED TO APPEAR VIA ZOOM. 
APPEARANCES AT IN-PERSON COURT PROCEEDINGS USING ZOOM ARE 
ALLOWED ONLY IN THE FOLLOWING CIRCUMSTANCES: (I) A PARTY WHO 
FILES A RESPONSIVE PLEADING INTENDS TO MAKE ONLY A LIMITED 
ARGUMENT; (II) A PARTY WHO HAS NOT SUBMITTED A PLEADING BUT IS 
INTERESTED IN OBSERVING THE HEARING; (III) A PARTY WHO HAS A GOOD 
FAITH HEALTH-RELATED REASON AND HAS OBTAINED PERMISSION FROM 
JUDGE GOLDBLATT’S CHAMBERS TO APPEAR REMOTELY, OR (IV) OTHER 
EXTENUATING CIRCUMSTANCES AS DETERMINED BY JUDGE GOLDBLATT. 
IF YOU INTEND TO APPEAR VIA ZOOM, YOU ARE  
REQUIRED TO REGISTER IN ADVANCE. 
PLEASE USE THE FOLLOWING ZOOM REGISTRATION LINK: 
https://debuscourts.zoomgov.com/meeting/register/vJItceqoqzIoHsKcu7PAh-E-2bbvzKQTync 
 
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 403    Filed 01/04/23    Page 1 of 6

 
 
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RLF1 28396770v.1 
I. 
RESOLVED MATTERS: 
1. 
Motion of Customers Bank for Authorization to File Under Seal Exhibits A and C to the 
Declaration of Alyssa White in Support of the Motion of Customers Bank for Entry of an 
Order (I) Compelling Compliance with Court Approved Settlement Agreement and 
Order; (II) Requiring Additional Adequate Protection in Favor of Customers Bank; and 
(III) Granting Related Relief [Docket No. 338 – filed December 7, 2022] 
Objection/Response Deadline: 
December 21, 2022 at 4:00 p.m. (ET); extended by 
agreement to December 28, 2022 for the Office of 
the United States Trustee (the “U.S. Trustee”) 
Objections/Responses Received: 
A. 
Informal comments received from the U.S. Trustee 
Related Documents: 
i. 
Certification of Counsel Regarding Motion of Customers Bank for Authorization 
to File Under Seal Exhibits A and C to the Declaration of Alyssa White in 
Support of the Motion of Customers Bank for Entry of an Order (I) Compelling 
Compliance 
with 
Court 
Approved 
Settlement 
Agreement 
and 
Order; 
(II) Requiring Additional Adequate Protection in Favor of Customers Bank; and 
(III) Granting Related Relief [Docket No. 383 – filed December 28, 2022] 
ii. 
Order Approving Motion of Customers Bank for Authorization to Seal Exhibits A 
and C to the Declaration of Alyssa White in Support of the Motion of Customers 
Bank for Entry of an Order (I) Compelling Compliance with Court Approved 
Settlement Agreement and Order; (II) Requiring Additional Adequate Protection 
in Favor of Customers Bank; and (III) Granting Related Relief [Docket No. 387 – 
entered December 29, 2022] 
Status: On December 29, 2022, the Court entered an order resolving this matter.  
Accordingly, a hearing with respect to this matter is no longer necessary. 
2. 
Debtors’ Motion for Entry of an Order Authorizing the Debtors to File Under Seal 
Certain Exhibits to the Declarations in Support of Motion to Enforce [Docket No. 351 – 
filed December 9, 2022] 
Objection/Response Deadline: 
December 23, 2022 at 4:00 p.m. (ET) 
Objections/Responses Received: 
None. 
Related Documents: 
i. 
Certificate of No Objection Regarding Debtors’ Motion for Entry of an Order 
Authorizing the Debtors to File Under Seal Certain Exhibits to the Declarations in 
Support of Motion to Enforce [Docket No. 380 – filed December 27, 2022] 
Case 22-10951-CTG    Doc 403    Filed 01/04/23    Page 2 of 6

 
 
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RLF1 28396770v.1 
ii. 
Order Authorizing the Debtors to File Under Seal Certain Exhibits to the 
Declarations in Support of the Motion to Enforce [Docket No. 381 – entered 
December 28, 2022] 
Status: On December 28, 2022, the Court entered an order resolving this matter.  
Accordingly, a hearing with respect to this matter is no longer necessary. 
3. 
Motion of Customers Bank for Authorization to File Under Seal Exhibits 3, 3(a), 6, 8, 
and 9 to the Declaration of Alyssa White in Support of Opposition of Customers Bank to 
Debtor’s Motion for an Order Enforcing the Settlement Order and Settlement Agreement 
Between KServicing and Customers Bank [Docket No. 359 – filed December 21, 2022] 
Objection/Response Deadline: 
December 29, 2022 at 4:00 p.m. (ET) 
Objections/Responses Received: 
None. 
Related Documents: 
i. 
Certificate of No Objection Regarding the Motion of Customers Bank for 
Authorizing to File Under Seal Exhibits 3, 3(a), 6, 8, and 9 to the Declaration of 
Alyssa White in Support of Opposition of Customers Bank to Debtor’s Motion for 
an Order Enforcing the Settlement Order and Settlement Agreement Between 
KServicing and Customers Bank [Docket No. 393 – filed December 30, 2022] 
ii. 
Order Approving Motion of Customers Bank for Authorization to File Under Seal 
Exhibits 3, 3(a), 6, 8, and 9 to the Declaration of Alyssa White in Support of 
Opposition of Customers Bank to Debtor’s Motion for an Order Enforcing the 
Settlement Order and Settlement Agreement Between KServicing and Customers 
Bank [Docket No. 402 – entered January 4, 2023] 
Status: On January 4, 2023, the Court entered an order resolving this matter.  
Accordingly, a hearing with respect to this matter is no longer necessary. 
II. 
CONTINUED MATTER: 
4. 
Motion of Debtors for Entry of an Order Enforcing the Settlement Order and the 
Settlement Agreement Between KServicing and Customers Bank [Docket No. 340 – filed 
December 7, 2022] 
Objection/Response Deadline: 
December 21, 2022 at 4:00 p.m. (ET) 
Objections/Responses Received: 
A. 
Opposition of Customers Bank to Debtors’ Motion for Entry of an Order 
Enforcing the Settlement Order and the Settlement Agreement Between 
KServicing and Customers Bank [Docket No. 356 – filed December 21, 2022] 
Case 22-10951-CTG    Doc 403    Filed 01/04/23    Page 3 of 6

 
 
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RLF1 28396770v.1 
i. 
[Sealed] Declaration of Alyssa White in Support of Opposition of 
Customers Bank to Debtors’ Motion for Entry of an Order Enforcing the 
Settlement Order and the Settlement Agreement Between KServicing and 
Customers Bank [Docket No. 358 – filed December 21, 2022] 
Related Documents: 
i. 
Order (I) Authorizing and Approving Settlement Agreement Between KServicing 
and Customers Bank and (II) Granting Related Relief [Docket No. 232 – entered 
November 9, 2022] 
ii. 
[Sealed] Declaration of Tamica M. Williams in Support of Motion of Debtors for 
Entry of an Order Enforcing the Settlement Order and the Settlement Agreement 
Between KServicing and Customers Bank [Docket No. 341 – filed December 7, 
2022] 
iii. 
[Sealed] Declaration of Donna R. Evans in Support of Motion of Debtors for 
Entry of an Order Enforcing the Settlement Order and the Settlement Agreement 
Between KServicing and Customers Bank [Docket No. 342 – filed December 7, 
2022] 
iv. 
Notice of Adjourned Hearing to Consider Motion of Debtors for Entry of an 
Order Enforcing the Settlement Order and the Settlement Agreement Between 
KServicing and Customers Bank [Docket No. 401 – filed January 3, 2023] 
Status: The hearing on this matter has been adjourned to a date to be determined. 
III. 
MATTER GOING FORWARD: 
5. 
Motion of Customers Bank for Entry of an Order (I) Compelling Compliance with Court 
Approved Settlement Agreement and Order; (II) Requiring Additional Adequate 
Protection in Favor of Customers Bank; and (III) Granting Related Relief [Docket No. 
336 – filed December 7, 2022] 
Objection/Response Deadline: 
December 21, 2022 at 4:00 p.m. (ET) 
Objections/Responses Received: 
A. 
Debtors’ Objection to Motion of Customers Bank for Entry of an Order 
(I) Compelling Compliance with Court Approved Settlement Agreement and 
Order; (II) Requiring Additional Adequate Protection in Favor of Customers 
Bank; and (III) Granting Related Relief [Docket No. 355 – filed December 21, 
2022] 
i. 
Declaration of Tamica M. Williams in Support of Debtors’ Objection to 
Motion of Customers Bank for Entry of an Order (I) Compelling 
Compliance with Court Approved Settlement Agreement and Order; 
(II) Requiring Additional Adequate Protection in Favor of Customers 
Case 22-10951-CTG    Doc 403    Filed 01/04/23    Page 4 of 6

 
 
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RLF1 28396770v.1 
Bank; and (III) Granting Related Relief [Docket No. 357 – filed December 
21, 2022] 
Related Documents: 
i. 
Order (I) Authorizing and Approving Settlement Agreement Between KServicing 
and Customers Bank and (II) Granting Related Relief [Docket No. 232 – entered 
November 9, 2022] 
ii. 
[Sealed] Declaration of Alyssa White in Support of Motion of Customers Bank 
for Entry of an Order (I) Compelling Compliance with Court Approved 
Settlement Agreement and Order; (II) Requiring Additional Adequate Protection 
in Favor of Customers Bank; and (III) Granting Related Relief [Docket No. 337 – 
filed December 7, 2022] 
  a. 
Notice of Filing of Proposed Redacted Version of Exhibits A and C to the 
Declaration of Alyssa White in Support of Motion of Customers Bank for 
Entry of an Order (I) Compelling Compliance with Court Approved 
Settlement Agreement and Order; (II) Requiring Additional Adequate 
Protection in Favor of Customers Bank; and (III) Granting Related Relief 
[Docket No. 339 – filed December 7, 2022] 
  b. 
Re-Notice of Filing of Proposed Redacted Version of Exhibits A and C to 
the Declaration of Alyssa White in Support of Motion of Customers Bank 
for Entry of an Order (I) Compelling Compliance with Court Approved 
Settlement Agreement and Order; (II) Requiring Additional Adequate 
Protection in Favor of Customers Bank; and (III) Granting Related Relief 
[Docket No. 382 – filed December 28, 2022] 
Witness Information:  
i. 
With permission from the Court, the parties will submit witness lists by 10:00 
a.m. (ET) on January 5, 2023. 
Exhibit Information:  
i. 
With permission from the Court, the parties will submit exhibit lists by 10:00 a.m. 
(ET) on January 5, 2023. 
Status: The hearing on this matter is going forward.  The parties are working to resolve 
this matter.  To the extent necessary, with permission from the Court, Customers 
Bank may file a reply no later than 10:00 a.m. (ET) on January 5, 2023. 
Case 22-10951-CTG    Doc 403    Filed 01/04/23    Page 5 of 6

 
 
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RLF1 28396770v.1 
Dated: January 4, 2023 
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 403    Filed 01/04/23    Page 6 of 6

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