Order Extending Time to Assume or Reject Unexpired Leases — In re KServicing (Bankr. D. Del.)

Record facts

U.S. Bankruptcy Court for the District of Delaware · No. 22-10951 · Doc. 446 · 2023-01-17 · Docket on CourtListener

Full text

RLF1 28485481v.1 
UNITED STATES BANKRUPTCY COURT 
DISTRICT OF DELAWARE 
 
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In re 
: 
Chapter 11 
 
: 
 
KABBAGE, INC. d/b/a KSERVICING, et al., : 
Case No. 22-10951 (CTG) 
 
: 
 
 
: 
(Jointly Administered)  
 
 
Debtors.1 
: 
 
------------------------------------------------------------ x 
Re: Docket No. 418 
ORDER (I) EXTENDING TIME TO ASSUME  
OR REJECT UNEXPIRED LEASES OF NONRESIDENTIAL  
REAL PROPERTY 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 above-captioned chapter 11 cases 
(collectively, the “Debtors”), pursuant to section 365(d)(4) of the Bankruptcy Code, for entry of 
an order (i) extending the time to assume or reject unexpired leases of nonresidential real property 
(the “Assumption/Rejection Deadline”) by an additional ninety (90) days, up to and including 
May 1, 2023, and (ii) granting related relief, all as more fully set forth in the Motion; and the Court 
having jurisdiction over 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 as of February 29, 2012; and this matter being a core proceeding pursuant to 28 U.S.C. § 
157(b); and venue being proper before the Court pursuant to 28 U.S.C. §§ 1408 and 1409; and due 
and proper notice of the Motion having been provided to the Notice Parties; and such notice having 
 
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 otherwise defined herein shall have the meanings ascribed to such terms in the Motion. 
Case 22-10951-CTG    Doc 446    Filed 01/17/23    Page 1 of 3

 
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RLF1 28485481v.1 
been adequate and appropriate under the circumstances; and it appearing that no other or further 
notice need be provided; and this Court having reviewed the Motion; and upon any hearing held 
to consider the relief requested in the Motion; 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, 
their creditors, and all parties in interest; 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 Assumption/Rejection Deadline is extended to and including May 1, 
2023, in accordance with section 365(d)(4) of the Bankruptcy Code. 
3. 
The extension of time granted by this Order is without prejudice to the right 
of the Debtors to request further extensions, including on the basis that the initial 
Assumption/Rejection Deadline is May 1, 2023, and/or with the consent of the applicable landlord. 
4. 
Nothing in the Motion or this Order shall be deemed or construed as (a) an 
assumption or rejection of any agreement, contract, or lease pursuant to section 365 of the 
Bankruptcy Code or (b) an admission or finding with respect to whether any of the Debtors’ 
contracts or leases is an unexpired lease of nonresidential real property within the meaning of 
section 365(d) of the Bankruptcy Code. 
5. 
The Debtors are authorized to take all actions necessary to effectuate the 
relief granted in this Order. 
6. 
This Order shall be immediately effective and enforceable upon its entry. 
 
Case 22-10951-CTG    Doc 446    Filed 01/17/23    Page 2 of 3

 
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RLF1 28485481v.1 
7. 
This Court shall retain jurisdiction to hear and determine all matters arising 
from or related to the implementation, interpretation, or enforcement of this Order. 
.  
 
 
Dated: January 17th, 2023 
Wilmington, Delaware
CRAIG T. GOLDBLATT 
UNITED STATES BANKRUPTCY JUDGE
Case 22-10951-CTG    Doc 446    Filed 01/17/23    Page 3 of 3

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