Court filing
Notice of Meeting of Creditors/Commencement… — In re KServicing Wind Down Corp., et al. (f/k/a Kabbage, Inc.… (Dkt. 106)
Summary
An Official Form 309F1 Notice of Chapter 11 Bankruptcy Case for 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 October 14, 2022 as Doc 106. The notice states that the chapter 11 case was filed October 3, 2022, and lists the jointly administered debtors, including Kabbage Canada Holdings, LLC, Kabbage Asset Securitization LLC and Kabbage Diameter, LLC, with their case numbers. It names Weil, Gotshal & Manges LLP and Richards, Layton & Finger, P.A. as debtors' attorneys and Omni Agent Solutions, Inc. as claims and noticing agent. It sets the meeting of creditors for November 10, 2022 at 1:00 p.m. by phone and states that the proof of claim deadline is not yet set. It also explains the automatic stay, discharge under 11 U.S.C. § 1141(d) and the § 523(c) complaint deadline.
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
No. 22-10951 · Doc. 106 · Docket on CourtListener
Full text
Case 22-10951-CTG Doc 106 Filed 10/14/22 Page 1 of 2
Information to identify the case:
Debtor: Kabbage, Inc. d/b/a KServicing, et al. EIN: 36-4973937
United States Bankruptcy Court for the District of Delaware Date case filed for chapter 11: October 3, 2022
Case Number: 22-10951 (CTG)
Official Form 309F1 (For Corporations or Partnerships)
Notice of Chapter 11 Bankruptcy Case 10/20
For the debtors listed below, a case has been filed under chapter 11 of the Bankruptcy Code. An order for relief has
been entered.
This notice has important information about the case for creditors, debtors, and trustees, including information about
the meeting of creditors and deadlines. Read all pages carefully.
The filing of the case imposed an automatic stay against most collection activities. This means that creditors generally may not take action to
collect debts from the debtor or the debtor’s property. For example, while the stay is in effect, creditors cannot sue, assert a deficiency,
repossess property, or otherwise try to collect from the debtor. Creditors cannot demand repayment from the debtor by mail, phone, or
otherwise. Creditors who violate the stay can be required to pay actual and punitive damages and attorney’s fees.
Confirmation of a chapter 11 plan may result in a discharge of debt. A creditor who wants to have a particular debt excepted from discharge may
be required to file a complaint in the bankruptcy clerk’s office within the deadline specified in this notice. (See line 11 below for more
information.)
To protect your rights, consult an attorney. All documents filed in the case may be inspected at the bankruptcy clerk’s office at the address listed
below or through PACER (Public Access to Court Electronic Records at https://pacer.uscourts.gov).
The staff of the bankruptcy clerk’s office cannot give legal advice.
Do not file this notice with any proof of claim or other filing in the case.
1. Debtors’ full name(s): See Chart Below
2. All other names used in the last 8 years: See Chart Below (if applicable)
Jointly Administered Cases
Debtor Other Names Used in Last 8 Years EIN Case Number
Kabbage, Inc. d/b/a KServicing; d/b/a KService Corp.; d/b/a KServicing, Inc.; 36-4973937 22-10951 (CTG)
Kabbage Platform (used solely in the state of New York)
Kabbage Canada Holdings, LLC N/A N/A 22-10952 (CTG)
Kabbage Asset Securitization LLC N/A N/A 22-10953 (CTG)
Kabbage Asset Funding 2017-A LLC N/A 61-1854803 22-10954 (CTG)
Kabbage Asset Funding 2019-A LLC N/A 83-4698973 22-10955 (CTG)
Kabbage Diameter, LLC N/A N/A 22-10956 (CTG)
3. Address for all Debtors: 925B Peachtree Street NE, Suite 383
Atlanta, GA 30308
4. Debtors’ attorneys WEIL, GOTSHAL & MANGES LLP RICHARDS, LAYTON & FINGER, P.A.
Ray C. Schrock, P.C. Daniel J. DeFranceschi, Esq.
Candace M. Arthur, Esq. Amanda R. Steele, Esq.
Natasha S. Hwangpo, Esq. Zachary I. Shapiro, Esq.
Chase A. Bentley, Esq. Matthew P. Milana, Esq.
767 Fifth Avenue One Rodney Square
New York, New York 10153 920 N. King Street
Telephone: (212) 310-8000 Wilmington, Delaware 19801
Facsimile: (212) 310-8007 Telephone: (302) 651-7700
Email: ray.schrock@weil.com Facsimile: (302) 651-7701
candace.arthur@weil.com Email: defranceschi@rlf.com
natasha.hwangpo@weil.com steele@rlf.com
chase.bentley@weil.com shapiro@rlf.com
milana@rlf.com
Debtors’ Claims and Noticing
Contact phone: (866) 956-2138 (Toll Free) or (747) 226-5953 (International)
Agent
Email: kservicinginquiries@omniagnt.com
If you have questions about this
notice, please contact Omni Agent Website: https://omniagentsolutions.com/kservicing
Solutions, Inc.
Official Form 309F1 (For Corporations or Partnerships) Notice of Chapter 11 Bankruptcy Case page 1
RLF1 28013139V.1
Debtor
Case 22-10951-CTG
Kabbage, Inc. d/b/a KServicing, et al.
Doc 106 Filed 10/14/22 Page 2 of22-10951
Case number (if known)
2 (CTG)
Name
5. Bankruptcy clerk’s office Clerk of the U.S. Bankruptcy Court for Hours: Monday to Friday – 8:00 a.m. to 4:00 p.m.
the District of Delaware
Documents in this case may be filed at this Telephone: (302) 252-2900
824 North Market St., 3rd Floor
address.
Wilmington, DE 19801
You may inspect all records filed in this
case at this office or online at
https://pacer.uscourts.gov, or by accessing
the website maintained by Omni Agent
Solutions, Inc., available at
https://omniagentsolutions.com/kservicing,
free of charge.
6. Meeting of creditors November 10, 2022 at 1:00 p.m. (ET) Location:
Date Time J. Caleb Boggs Federal Building
The Debtors’ representative must attend 844 King Street
the meeting to be questioned under oath. The meeting may be continued or 3rd Floor, Room 3209
adjourned to a later date. If so, the Wilmington, DE 19801
Creditors may attend, but are not required date will be on the court docket.
to do so. The Meeting of Creditors is scheduled to be
held by phone. Please call 1-888-390-0720
and use access code 7319898# to join the
meeting.
7. Proof of claim deadline Deadline for filing proof of claim: Not yet set. If a deadline is set, the court will send you
another notice.
A proof of claim is a signed statement describing a creditor’s claim. A proof of claim form may be
obtained at www.uscourts.gov or any bankruptcy clerk’s office.
Your claim will be allowed in the amount scheduled unless:
your claim is designated as disputed, contingent, or unliquidated;
you file a proof of claim in a different amount; or
you receive another notice.
If your claim is not scheduled or if your claim is designated as disputed, contingent, or
unliquidated, you must file a proof of claim or you might not be paid on your claim and you might
be unable to vote on a plan. You may file a proof of claim even if your claim is scheduled.
You may review the schedules at the bankruptcy clerk’s office or online at
https://pacer.uscourts.gov.
Secured creditors retain rights in their collateral regardless of whether they file a proof of claim.
Filing a proof of claim submits a creditor to the jurisdiction of the bankruptcy court, with
consequences a lawyer can explain. For example, a secured creditor who files a proof of claim
may surrender important nonmonetary rights, including the right to a jury trial.
8. Exception to discharge deadline If § 523(c) applies to your claim and you seek to have it excepted from discharge, you must start
a judicial proceeding by filing a complaint by the deadline stated below
The bankruptcy clerk’s office must
receive a complaint and any required
filing fee by the following deadline. Deadline for filing the complaint: To be determined
If you are a creditor receiving notice mailed to a foreign address, you may file a motion asking the
9. Creditors with a foreign address
court to extend the deadlines in this notice. Consult an attorney familiar with United States
bankruptcy law if you have any questions about your rights in this case.
10. Filing a Chapter 11 bankruptcy case Chapter 11 allows debtors to reorganize or liquidate according to a plan. A plan is not effective
unless the court confirms it. You may receive a copy of the plan and a disclosure statement telling
you about the plan, and you may have the opportunity to vote on the plan. You will receive notice
of the date of the confirmation hearing, and you may object to confirmation of the plan and attend
the confirmation hearing. Unless a trustee is serving, the debtor will remain in possession of the
property and may continue to operate its business.
11. Discharge of debts Confirmation of a chapter 11 plan may result in a discharge of debts, which may include all or part
of your debt. See 11 U.S.C. § 1141(d). A discharge means that creditors may never try to collect
the debt from the debtor except as provided in the plan. If you want to have a particular debt owed
to you excepted from the discharge and § 523(c) applies to your claim, you must start a judicial
proceeding by filing a complaint and paying the filing fee in the bankruptcy clerk’s office by the
deadline.
12. Creditors Generally May Not Take Prohibited collection actions are listed in Bankruptcy Code § 362. Common examples of prohibited
Certain Actions actions include contacting the debtors by telephone, mail, or otherwise to demand repayment;
taking actions to collect money or obtain property from the Debtors; repossessing the Debtors’
property; and starting or continuing lawsuits or foreclosures.
Official Form 309F1 (For Corporations or Partnerships) Notice of Chapter 11 Bankruptcy Case page 2
RLF1 28013139V.1
File and source
- File
- gov.uscourts.deb.188293.106.0.pdf
- Size
- 162,030 bytes
- SHA-256
- b66c62a80afdf800918a1de29aa0a62b22c32b6a362e9ef4200bdcfed6c1f07d
- Original
- archive.org