Order Approving Second Stipulation Extending U.S. Dischargeability Deadline — In re KServicing

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An order of the U.S. Bankruptcy Court for the District of Delaware in the jointly administered Chapter 11 cases of Kabbage, Inc. d/b/a KServicing, et al., Case No. 22-10951 (CTG), filed May 10, 2023 as Doc 812. The order approves the Second Stipulation between the Debtors and the United States to extend the United States' deadline to file a complaint to determine dischargeability of debt. It extends that deadline under 11 U.S.C. § 523(c) from May 9, 2023 to August 7 of the same year, without prejudice to further extensions or to the Debtors' rights and defenses. The order authorizes the parties to carry out the stipulation, retains the court's jurisdiction and makes the order immediately effective. It is two pages and is signed by United States Bankruptcy Judge Craig T. Goldblatt.

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                   Case 22-10951-CTG           Doc 812       Filed 05/10/23         Page 1 of 2




                         IN THE UNITED STATES BANKRUPTCY COURT
                              FOR THE DISTRICT OF DELAWARE




    In re:
                                                             Chapter 11
    KABBAGE, INC. d/b/a KSERVICING, et
                                                             Case No. 22-10951 (CTG)
    al., 1
                                                             (Jointly Administered)
                     Debtors.



                    ORDER APPROVING SECOND STIPULATION
                   TO EXTEND THE UNITED STATES’ DEADLINE
        TO FILE A COMPLAINT TO DETERMINE DISCHARGEABILITY OF DEBT

             Upon consideration of the Second Stipulation to Extend the United States’ Deadline to File

a Complaint to Determine Dischargeability of Debt (the “Stipulation”) 2 by and between the

above-captioned debtors (collectively, the “Debtors”) and the United States of America (the

“United States” and together with the Debtors, the “Parties”), through their respective counsel, a

copy of which is attached hereto as Exhibit 1 and related certification of counsel; and after due

deliberation and sufficient cause appearing therefor, it is hereby ORDERED:

                    1.      The Stipulation is approved.

                    2.      The deadline for the United States to file a complaint to determine

dischargeability under 11 U.S.C. § 523(c) shall be extended from May 9, 2023, to August 7,



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) (the “Company”); 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 herein but not otherwise defined herein shall have the meanings ascribed to them in the
Stipulation.
               Case 22-10951-CTG          Doc 812      Filed 05/10/23    Page 2 of 2




2023, or such later date as may be ordered by the Court, without prejudice to the United States’

right to seek further extension of the Nondischargeability Deadline, and without prejudice to the

Debtors’ rights, objections, or defenses related thereto.

                3.      The Parties are authorized to take any and all actions reasonably necessary

to effectuate the terms of the Stipulation.

                4.      This Court shall retain jurisdiction with respect to all matters arising from

or related to the implementation or interpretation of this Order.

                5.      Notwithstanding any Federal Rule of Bankruptcy Procedure or Local Rule

of Bankruptcy Practice and Procedure of the United States Bankruptcy Court for the District of

Delaware that might otherwise delay the effectiveness of this Order, the terms and conditions of

this Order shall be immediately effective and enforceable upon its entry.




Dated: May 10th, 2023                                 CRAIG T. GOLDBLATT
Wilmington, Delaware                                  UNITED STATES BANKRUPTCY JUDGE




                                                  2


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