Court filing
Monthly Fee Statement — In re KServicing
Record facts
| Court | U.S. Bankruptcy Court for the District of Delaware |
|---|---|
| Filed | 2023-03-03 |
U.S. Bankruptcy Court for the District of Delaware · No. 22-10951 · Doc. 602 · 2023-03-03 · Docket on CourtListener
Summary
The Fourth Monthly Fee Statement of Omni Agent Solutions, administrative agent for the debtors in In re Kabbage, Inc. d/b/a KServicing, et al., Case No. 22-10951 (CTG), in the U.S. Bankruptcy Court for the District of Delaware, filed March 3, 2023 as Doc 602. It seeks payment of $22,715.40, 80% of $28,394.25 in fees, and $0.00 in expenses for January 1, 2023 through January 31, 2023, with an objection deadline of March 23, 2023. Tables list prior monthly statements at Dkt. No. 324, No. 390 and No. 499, and 172.6 hours by professional, all billed to the balloting category for preparing plan solicitation and tabulation, including an eballoting portal. The statement cites sections 105(a), 330 and 331 of the Bankruptcy Code and Local Rule 2016-2, and closes with a declaration of Paul H. Deutch, Executive Vice President of Omni. It is 9 pages.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
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: March 23, 2023 at 4:00 p.m. (ET)
SUMMARY OF FOURTH MONTHLY FEE STATEMENT
OF OMNI AGENT SOLUTIONS FOR PAYMENT OF COMPENSATION AND
REIMBURSEMENT OF EXPENSES FOR PERIOD JANUARY 1, 2023 THROUGH
JANUARY 31, 2023
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 3, 2022
January 1, 2023 through January 31, 2023
$22,715.40 (80% of $28,394.25)
$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.
WEIL 98919797V.2
Case 22-10951-CTG Doc 602 Filed 03/03/23 Page 1 of 9
2
Prior Monthly Applications:
Date
Filed/Dkt.
No.
Period
Requested
Fees
Requested
Costs
Paid Fees
Paid
Expenses
Outstanding
Total
12/2/22
No. 324
10/3/22 -
10/31/22
$5,083.50
$0.00
$4,066.80
$0.00
$1,016.70
12/29/22
No. 390
11/1/22 -
11/30/22
$8,751.50
$0.00
$7,001.20
$0.00
$1,750.30
1/30/23
No. 499
12/1/22 –
12/31/22
$3,965.25
$0.00
$3,172.20
$0.00
$793.05
TOTAL
$17,800.25
$0.00 $14,240.20
$0.00
$3.560.05
COMPENSATION BY PROFESSIONAL
JANUARY 1, 2023 THROUGH JANUARY 31, 2023
The Omni professionals who rendered services in these chapter 11 cases from January 1, 2023 through
January 31, 2023 (the “Fee Period”) are:
Professional
Hours
Rate
Total
Ashley Dionisio
0.2
$130.00
$26.00
Brittney Whitaker
6.3
$175.00
$1,102.50
David Neece
1.5
$139.50
$209.25
Emma Guandique
1.1
$100.00
$110.00
Jennifer Lizakowski
2.5
$150.00
$375.00
Jeriad Paul
5.0
$187.50
$937.50
Kim Steverson
60.0
$187.50
$11,250.00
Kimberly McDermott
1.6
$90.00
$144.00
Luis Solorzano
5.1
$187.50
$956.25
Max Meisler
0.9
$140.00
$126.00
Michelle Ignacio
26.4
$175.00
$4,620.00
Paul Story
59.5
$139.50
$8,300.25
Tara Saldajeno
2.5
$95.00
$237.50
TOTAL
172.6
$28,394.25
COMPENSATION BY PROJECT CATEGORY
JANUARY 1, 2023 THROUGH JANUARY 31, 2023
Category
Hours
Fees
Balloting
172.6
$28,394.25
TOTAL
172.6
$28,394.25
Case 22-10951-CTG Doc 602 Filed 03/03/23 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: March 23, 2023 at 4:00 p.m. (ET)
FOURTH MONTHLY FEE STATEMENT
OF OMNI AGENT SOLUTIONS FOR PAYMENT OF COMPENSATION AND
REIMBURSEMENT OF EXPENSES FOR PERIOD JANUARY 1, 2023 THROUGH
JANUARY 31, 2023
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 fourth 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 January 1, 2023 through and including January 31, 2023
(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
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 602 Filed 03/03/23 Page 3 of 9
2
Court’s Order Establishing Procedures for Interim Compensation and Reimbursement of
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
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 602 Filed 03/03/23 Page 4 of 9
3
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.
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
$22,715.40 (80% of $28,394.25) 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 other than the Debtors 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
Case 22-10951-CTG Doc 602 Filed 03/03/23 Page 5 of 9
4
Exhibit A are copies of Omni’s itemized time records for professionals performing services for
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: $28,394.25; Total Hours: 172.6
• This category includes all services provided by Omni in
preparation of the anticipated solicitation and tabulation of the
Debtors’ plan and disclosure statement, including the preparation
of a plan/class report and 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 602 Filed 03/03/23 Page 6 of 9
5
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.
WHEREFORE Omni respectfully requests (a) interim allowance of compensation for
professional services rendered to the Debtors during the Fee Period in the amount of $28,394.25
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 $22,175.40
consisting of fees of $22,715.40 (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
Case 22-10951-CTG Doc 602 Filed 03/03/23 Page 7 of 9
6
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: March 3, 2023
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 602 Filed 03/03/23 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 Fourth Monthly 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: March 3, 2023
New York, New York
/s/ Paul H. Deutch
Paul H. Deutch
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.
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