Court filing
Certification of Counsel Regarding Order… — In re KServicing Wind Down Corp., et al. (f/k/a Kabbage, Inc.… (Dkt. 131)
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A Certification of Counsel filed October 20, 2022 as Doc 131 in In re Kabbage, Inc. d/b/a KServicing, et al., Case No. 22-10951 (CTG), in the United States Bankruptcy Court for the District of Delaware. It recounts that on October 4, 2022 the debtors filed an application at Docket No. 17, under 11 U.S.C. § 327(a), for authority to retain and employ Omni Agent Solutions, Inc. as administrative agent effective as of the petition date, with a proposed order attached as Exhibit C. It states that under the notice at Docket No. 50, filed October 5, 2022, objections were due October 19, 2022 at 4:00 p.m. prevailing Eastern Time, and that the Office of the United States Trustee gave informal comments before that deadline. A revised proposed order is attached as Exhibit 1 with a redline as Exhibit 2, and neither the U.S. Trustee nor the Federal Reserve Bank of San Francisco objects to its entry.
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No. 22-10951 · Doc. 131 · Docket on CourtListener
Full text
Case 22-10951-CTG Doc 131 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. 17 & 50
------------------------------------------------------------ x
CERTIFICATION OF COUNSEL REGARDING
ORDER AUTHORIZING DEBTORS TO EMPLOY AND RETAIN
OMNI AGENT SOLUTIONS, INC. AS ADMINISTRATIVE AGENT
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 Pursuant to 11 U.S.C. § 327(a) and
Fed. R. Bankr. P. 2014(a) and 2016 for Authority to Retain and Employ Omni Agent Solutions,
Inc. as Administrative Agent Effective as of the Petition Date [Docket No. 17] (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 C (the “Proposed Order”).
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 131 Filed 10/20/22 Page 2 of 3
2. Pursuant to the Notice of Application and Hearing [Docket No. 50], filed
on October 5, 2022, objections or responses to the relief requested in the Application, if any, must
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]
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Case 22-10951-CTG Doc 131 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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