Court filing
Certificate of No Objection Regarding Motion… — In re KServicing Wind Down Corp., et al. (f/k/a Kabbage,… (Dkt. 127)
Summary
A Certificate of No Objection filed October 20, 2022 as Doc 127 in In re Kabbage, Inc. d/b/a KServicing, et al., Case No. 22-10951 (CTG), the jointly administered Chapter 11 cases in the United States Bankruptcy Court for the District of Delaware. It certifies that no answer or objection was received or docketed in response to the debtors' motion at Docket No. 8, filed October 3, 2022, which sought interim and final orders on a proposed form of adequate assurance of payment to utility providers, procedures for resolving their objections, and a bar on altering, refusing or discontinuing service. The certificate notes that under the interim order at Docket No. 74 and the notice at Docket No. 82, objections to the final relief were due by October 19, 2022 at 4:00 p.m. prevailing Eastern Time. It asks that an order in the form of Exhibit A be entered. The filing is three pages.
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No. 22-10951 · Doc. 127 · Docket on CourtListener
Full text
Case 22-10951-CTG Doc 127 Filed 10/20/22 Page 1 of 3
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. 8, 74 & 82
------------------------------------------------------------ x
CERTIFICATE OF NO OBJECTION REGARDING MOTION OF
DEBTORS FOR ENTRY OF INTERIM AND FINAL ORDERS
(I) APPROVING DEBTORS’ PROPOSED FORM OF ADEQUATE
ASSURANCE OF PAYMENT TO UTILITY PROVIDERS, (II) ESTABLISHING
PROCEDURES FOR RESOLVING OBJECTIONS BY UTILITY PROVIDERS,
(III) PROHIBITING UTILITY PROVIDERS FROM ALTERING, REFUSING,
OR DISCONTINUING SERVICE, AND (IV) GRANTING RELATED RELIEF
The undersigned hereby certifies that 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”), have received no answer, objection or any other responsive pleading
with respect to the Motion of Debtors for Entry of Interim and Final Orders (I) Approving Debtors’
Proposed Form of Adequate Assurance of Payment to Utility Providers, (II) Establishing
Procedures for Resolving Objections by Utility Providers, (III) Prohibiting Utility Providers from
Altering, Refusing, or Discontinuing Service, and (IV) Granting Related Relief [Docket No. 8] (the
“Motion”) filed by the Debtors with the United States Bankruptcy Court for the District of
Delaware (the “Court”) on October 3, 2022. The undersigned further certifies that no answer,
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.
RLF1 28121132v.1
Case 22-10951-CTG Doc 127 Filed 10/20/22 Page 2 of 3
objection or other responsive pleading to the Motion has appeared on the Court’s docket in the
above-captioned chapter 11 cases. Pursuant to the Interim Order (I) Approving Debtors’ Proposed
Form of Adequate Assurance of Payment to Utility Providers, (II) Establishing Procedures for
Resolving Objections by Utility Providers, (III) Prohibiting Utility Providers from Altering,
Refusing, or Discontinuing Service, and (IV) Granting Related Relief [Docket No. 74] and the
Notice of (A) Entry of Interim Order (I) Approving Debtors’ Proposed Form of Adequate
Assurance of Payment to Utility Providers, (II) Establishing Procedures for Resolving Objections
by Utility Providers, (III) Prohibiting Utility Providers from Altering, Refusing, or Discontinuing
Service, and (IV) Granting Related Relief; and (B) Final Hearing Thereon [Docket No. 82], any
objection or response to the final relief requested in the Motion was to be filed and served no later
than October 19, 2022 at 4:00 p.m. (prevailing Eastern Time).
WHEREFORE, the Debtors respectfully request that an order, substantially in the form
attached hereto as Exhibit A, be entered at the earliest convenience of the Court.
Dated: October 20, 2022
Wilmington, Delaware
/s/ Amanda R. Steele
RICHARDS, LAYTON & FINGER, P.A.
Daniel J. DeFranceschi, Esq. (No. 2732)
Amanda R. Steele, Esq. (No. 5530)
Zachary I. Shapiro, Esq. (No. 5103)
Matthew P. Milana, Esq. (No. 6681)
One Rodney Square
920 North King Street
Wilmington, Delaware 19801
Telephone: (302) 651-7700
E-mail: defranceschi@rlf.com
steele@rlf.com
shapiro@rlf.com
milana@rlf.com
-and-
2
RLF1 28121132v.1
Case 22-10951-CTG Doc 127 Filed 10/20/22 Page 3 of 3
WEIL, GOTSHAL & MANGES LLP
Ray C. Schrock, P.C. (admitted pro hac vice)
Candace M. Arthur, Esq. (admitted pro hac vice)
Natasha S. Hwangpo, Esq. (admitted pro hac vice)
Chase A. Bentley, Esq. (admitted pro hac vice)
767 Fifth Avenue
New York, New York 10153
Telephone: (212) 310-8000
E-mail: ray.schrock@weil.com
candace.arthur@weil.com
natasha.hwangpo@weil.com
chase.bentley@weil.com
Proposed Attorneys for Debtors
and Debtors in Possession
3
RLF1 28121132v.1
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