Order Extending Debtors' Exclusive Periods — In re KServicing

Record facts

U.S. Bankruptcy Court for the District of Delaware · No. 22-10951 · Doc. 539 · 2023-02-15 · Docket on CourtListener

Full text

RLF1 28598085v.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 
: 
 
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Re: Docket No. 503 
ORDER (I) EXTENDING THE  
DEBTORS’ EXCLUSIVE PERIODS, 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, pursuant to section 1121(d) of title 11 of the United States 
Code (the “Bankruptcy Code”) and Rule 9006-2 of the Local Rules of Bankruptcy Practice and 
Procedure of the United States Bankruptcy Court for the District of Delaware, (i) authorizing the 
Debtors to extend the exclusive period in which to file a chapter 11 plan (the “Exclusive Filing 
Period”), and extend the exclusive period in which to solicit acceptance thereof (the “Exclusive 
Solicitation Period”, and together with the Exclusive Filing Period, the “Exclusive Periods”), by 
90 days, 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 
 
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 respective meanings ascribed to such terms 
in the Motion. 
Case 22-10951-CTG    Doc 539    Filed 02/15/23    Page 1 of 3

 
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RLF1 28598085v.1 
District Court for the District of Delaware, dated February 29, 2012; and consideration of the 
Motion and the requested relief being a core 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 this Court 
having held a hearing to consider the relief requested in the Motion (the “Hearing”), if necessary, 
and any record thereof; 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. 
Pursuant to section 1121(d) of the Bankruptcy Code, the Debtors’ Exclusive 
Filing Period is extended through and including May 1, 2023.  
3. 
Pursuant to section 1121(d) of the Bankruptcy Code, the Debtors’ Exclusive 
Solicitation Period is extended through and including July 3, 2023. 
4. 
The extensions of the Exclusive Periods granted herein are without 
prejudice to such further requests that may be made pursuant to section 1121(d) of the Bankruptcy 
Code by the Debtors or any party in interest, for cause shown, upon notice and a hearing.   
5. 
The Debtors are authorized to take all action necessary to effectuate the 
relief granted in this Order. 
Case 22-10951-CTG    Doc 539    Filed 02/15/23    Page 2 of 3

 
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RLF1 28598085v.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: February 15th, 2023 
Wilmington, Delaware
CRAIG T. GOLDBLATT 
UNITED STATES BANKRUPTCY JUDGE
Case 22-10951-CTG    Doc 539    Filed 02/15/23    Page 3 of 3

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