Court filing
Certification of Counsel Regarding Order… — In re KServicing Wind Down Corp., et al. (f/k/a Kabbage, Inc.… (Dkt. 129)
Summary
A Certification of Counsel on a proposed order establishing interim compensation procedures for professionals, filed October 20, 2022 as Doc 129 in In re Kabbage, Inc. d/b/a KServicing, et al., No. 22-10951 (CTG), jointly administered Chapter 11 cases in the United States Bankruptcy Court for the District of Delaware. It certifies that the Debtors filed the motion on October 11, 2022 at Docket No. 95 with a proposed order as Exhibit A, and that the objection deadline was October 19, 2022 at 4:00 p.m. prevailing Eastern Time. It states the Debtors received informal comments from the Office of the United States Trustee and prepared a revised order, attached as Exhibit 1, circulated without objection to the U.S. Trustee and the Federal Reserve Bank of San Francisco. A redline comparison is attached as Exhibit 2, and the certification asks that the revised order be entered.
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No. 22-10951 · Doc. 129 · Docket on CourtListener
Full text
Case 22-10951-CTG Doc 129 Filed 10/20/22 Page 1 of 3
UNITED STATES BANKRUPTCY COURT
DISTRICT OF DELAWARE
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:
In re : Chapter 11
:
KABBAGE, INC. d/b/a KSERVICING, et al., : Case No. 22-10951 (CTG)
:
:
Debtors.1 : (Jointly Administered)
:
: Re: Docket No. 95
------------------------------------------------------------ x
CERTIFICATION OF COUNSEL REGARDING ORDER
ESTABLISHING PROCEDURES FOR INTERIM COMPENSATION
AND REIMBURSEMENT OF EXPENSES OF PROFESSIONALS
The undersigned hereby certifies as follows:
1. On October 11, 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 Motion of Debtors for Entry of Order Establishing
Procedures for Interim Compensation and Reimbursement of Expenses of Professionals [Docket
No. 95] (the “Motion”) with the United States Bankruptcy Court for the District of Delaware (the
“Court”). A proposed form of order granting the relief requested in the Motion was attached to
the Motion as Exhibit A (the “Proposed Order”).
2. Pursuant to the Notice of Motion and Hearing filed with the Motion,
objections or responses to the relief requested in the Motion, if any, must be made in writing and
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 129 Filed 10/20/22 Page 2 of 3
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 Motion 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]
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Case 22-10951-CTG Doc 129 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
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