First Omnibus Interim Compensation Order — In re KServicing

Summary

The First Omnibus Order Awarding Interim Allowance of Compensation for Services Rendered and for Reimbursement of Expenses, entered March 31, 2023 as Doc 747 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. It resolves the interim fee applications at Docket Nos. 530, 531, 532, 533, 534 & 535, filed under the Interim Compensation Order entered October 21, 2022 [Docket No. 136]. The order grants each application and allows the professionals listed on Exhibit A compensation and expense reimbursement in the amounts set out there, including holdbacks. It directs the debtors to pay 100% of the unpaid fees and expenses, treats the order as a separate order for each application, and retains jurisdiction. The two-page order is signed by United States Bankruptcy Judge Craig T. Goldblatt.

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Full text

                   Case 22-10951-CTG             Doc 747         Filed 03/31/23       Page 1 of 2




                               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)
                                                             :
                                                             :
                             1
                  Debtors.                                   :         (Jointly Administered)
                                                             :
                                                             :         Re: Docket Nos. 530, 531, 532, 533, 534 & 535
------------------------------------------------------------ x
                       FIRST OMNIBUS ORDER AWARDING INTERIM
                      ALLOWANCE OF COMPENSATION FOR SERVICES
                    RENDERED AND FOR REIMBURSEMENT OF EXPENSES

           Upon consideration of the interim applications (each an “Interim Application” and,

collectively, the “Interim Applications”) of those professionals listed on Exhibit A attached

hereto (each an “Applicant” and, collectively, the “Applicants”) for the interim allowance of

certain fees, including all holdbacks, and expenses incurred for professional services rendered

during the period set forth on each Interim Application listed on Exhibit A hereto (the

“Compensation Period”), filed pursuant to the Order Establishing Procedures for Interim

Compensation and Reimbursement of Expenses of Professionals, entered October 21, 2022

[Docket No. 136] (the “Interim Compensation Order”), and the Court having reviewed the

Interim Applications; and the Court finding that: (a) the Court has jurisdiction over this matter

pursuant to 28 U.S.C. §§ 157 and 1334; (b) notice of the Interim Applications was adequate under

the circumstances; and (c) all persons with standing have been afforded the opportunity to be heard



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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                   Case 22-10951-CTG        Doc 747     Filed 03/31/23    Page 2 of 2




on the Interim Applications; and upon the full record of all proceedings in these cases; and

sufficient cause having been shown therefor,

         IT IS HEREBY ORDERED THAT:

         1.        Each Interim Application is granted and approved as set forth herein.

         2.        Each of the Applicants is allowed compensation for services rendered during the

Compensation Period and reimbursement for actual and necessary expenses incurred during the

Compensation Period in the amounts set forth on Exhibit A hereto, including any and all

holdbacks.

         3.        To the extent not already paid pursuant to the Interim Compensation Order, the

above-captioned debtors and debtors-in-possession are authorized and directed to pay each of the

Applicants one-hundred percent (100%) of the fees and one-hundred percent (100%) of the

expenses listed on Exhibit A hereto that have not yet been paid in satisfaction of the allowed fees

for services rendered and expenses incurred during the Compensation Period.

         4.        This Order shall be deemed a separate order with respect to each of the Interim

Applications. Any stay of this Order pending appeal with respect to any one Applicant shall only

apply to the particular Applicant that is the subject of such appeal and shall not operate to stay the

applicability and/or finality of this Order with respect to any other of the Applicants.

         5.        This Court shall retain jurisdiction to hear and determine all matters arising from

or related to the implementation, interpretation and/or enforcement of this Order.




Dated: March 31st, 2023                                 CRAIG T. GOLDBLATT
Wilmington, Delaware                                    UNITED STATES BANKRUPTCY JUDGE




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