Court filing
Certification of Counsel Regarding Order… — In re KServicing Wind Down Corp., et al. (f/k/a Kabbage, Inc.… (Dkt. 128)
Summary
A certification of counsel regarding an order authorizing the debtors to employ and retain AlixPartners, LLP as financial advisor effective as of the petition date, in In re Kabbage, Inc. d/b/a KServicing, et al., Case No. 22-10951 (CTG), filed October 20, 2022 as Doc 128 in the United States Bankruptcy Court for the District of Delaware. The certification states that the debtors filed the retention application on October 4, 2022 with a proposed form of order attached, and that a notice of application and hearing filed October 5, 2022 set an objection deadline of October 19, 2022 at 4:00 p.m. It states that before that deadline the debtors received informal comments from the Office of the United States Trustee for the District of Delaware. A revised proposed order is attached as Exhibit 1 and a redline comparison as Exhibit 2, and the certification asks that the revised order be entered.
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No. 22-10951 · Doc. 128 · Docket on CourtListener
Full text
Case 22-10951-CTG Doc 128 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)
:
:
Debtors.1 : (Jointly Administered)
:
: Re: Docket No. 16 & 49
------------------------------------------------------------ x
CERTIFICATION OF COUNSEL REGARDING ORDER
AUTHORIZING DEBTORS TO EMPLOY AND RETAIN ALIXPARTNERS, LLP AS
FINANCIAL ADVISOR EFFECTIVE AS OF THE PETITION DATE
The undersigned hereby certifies as follows:
1. On October 4, 2022, 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”), filed the Application of Debtors for Entry of Order Authorizing
Employment and Retention of AlixPartners, LLP as Financial Advisor to the Debtors Effective as
of the Petition Date [Docket No. 16] (the “Application”) with the United States Bankruptcy Court
for the District of Delaware (the “Court”). A proposed form of order granting the relief
requested in the Application was attached to the Application as Exhibit A (the “Proposed
Order”).
2. Pursuant to the Notice of Application and Hearing [Docket No. 49], filed
on October 5, 2022, objections or responses to the relief requested in the Application, if any, must
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 28104492v.2
Case 22-10951-CTG Doc 128 Filed 10/20/22 Page 2 of 3
be made in writing and filed with the Court on or before October 19, 2022 at 4:00 p.m. (prevailing
Eastern Time) (the “Objection Deadline”).
3. Prior to the Objection Deadline, the Debtors received certain informal
comments (the “Comments”) to the relief requested in the Application from the Office of the
United States Trustee for the District of Delaware (the “U.S. Trustee”).
4. To resolve the Comments, the Debtors have prepared a revised form of
Proposed Order (the “Revised Order”), attached hereto as Exhibit 1. The Revised Order has
been circulated to the U.S. Trustee and the Federal Reserve Bank of San Francisco, and the
aforementioned parties do not object to the entry of the Revised Order. For the convenience of
the Court and all parties in interest, a redline comparison of the Revised Order marked against the
Proposed Order is attached hereto as Exhibit 2.
[Remainder of page intentionally left blank]
2
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Case 22-10951-CTG Doc 128 Filed 10/20/22 Page 3 of 3
WHEREFORE the Debtors respectfully request that the Revised Order 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-
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 28104492v.2
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