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HEARING CANCELLED. Notice of Agenda of Matters… — In re KServicing Wind Down Corp., et al. (f/k/a Kabbage,… (Dkt. 142)
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A notice of agenda of matters scheduled for a video hearing in In re Kabbage, Inc. d/b/a KServicing, et al., Case No. 22-10951 (CTG), a jointly administered chapter 11 case in the U.S. Bankruptcy Court for the District of Delaware, filed October 24, 2022 as Doc 142. It states that the hearing set for October 26, 2022 at 10:30 a.m. before the Honorable Craig T. Goldblatt has been cancelled with permission from the Court because no matters are scheduled to go forward. The agenda lists eight resolved matters, among them motions on insurance policies, utility adequate assurance and prepetition taxes and applications to retain Weil, Gotshal & Manges LLP, AlixPartners, LLP and Omni Agent Solutions, Inc., each noting an order entered October 21, 2022. Two matters are continued to November 7, 2022 at 1:00 p.m., and one bar date motion is to be submitted under certification of counsel.
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No. 22-10951 · Doc. 142 · Docket on CourtListener
Full text
Case 22-10951-CTG Doc 142 Filed 10/24/22 Page 1 of 9
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)
------------------------------------------------------------ x
NOTICE OF AGENDA FOR VIDEO HEARING SCHEDULED
FOR OCTOBER 26, 2022 AT 10:30 A.M. (PREVAILING EASTERN TIME),
BEFORE THE HONORABLE CRAIG T. GOLDBLATT, AT THE UNITED
STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE
AS NO MATTERS ARE SCHEDULED TO GO FORWARD, THE HEARING HAS
BEEN CANCELLED WITH PERMISSION FROM THE COURT.
I. RESOLVED MATTERS:
1. Motion of Debtors for Entry of Interim and Final Orders (I) Authorizing (A) Debtors to
Continue Insurance Policies, and (B) Pay All Obligations with Respect Thereto, and
(II) Granting Related Relief [Docket No. 7 – filed October 3, 2022]
Objection/Response Deadline: October 19, 2022 at 4:00 p.m. (ET)
Objections/Responses Received: None.
Related Documents:
i. Interim Order (I) Authorizing Debtors to (A) Continue Insurance Policies, and
(B) Pay all Obligations with Respect thereto, and (II) Granting Related Relief
[Docket No. 72 – entered October 6, 2022]
ii. Notice of (A) Entry of Interim Order (I) Authorizing Debtors to (A) Continue
Insurance Policies, and (B) Pay all Obligations with Respect Thereto, and
(II) Granting Related Relief; and (B) Final Hearing Thereon [Docket No. 81 –
filed October 6, 2022]
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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iii. Certificate of No Objection Regarding Motion of Debtors for Entry of Interim and
Final Orders (I) Authorizing (A) Debtors to Continue Insurance Policies, and
(B) Pay All Obligations with Respect Thereto, and (II) Granting Related Relief
[Docket No. 125 – filed October 20, 2022]
iv. Final Order (I) Authorizing Debtors to (A) Continue Insurance Policies, and
(B) Pay All Obligations with Respect Thereto and (II) Granting Related Relief
[Docket No. 132 – entered October 21, 2022]
Status: On October 21, 2022, the Court entered a final order with respect to this matter.
Accordingly, a hearing with respect to this matter is no longer necessary.
2. 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 – filed October 3, 2022]
Objection/Response Deadline: October 19, 2022 at 4:00 p.m. (ET)
Objections/Responses Received: None.
Related Documents:
i. 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 – entered October 6, 2022]
ii. 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 – filed October 6, 2022]
iii. 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 [Docket
No. 127 – filed October 20, 2022]
iv. Final 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. 134 – entered October 21, 2022]
2
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Status: On October 21, 2022, the Court entered a final order with respect to this matter.
Accordingly, a hearing with respect to this matter is no longer necessary.
3. Motion of Debtors for Entry of Interim and Final Orders (I) Authorizing Debtors (A) to
Pay Certain Prepetition Taxes and Assessments and (B) Granting Related Relief [Docket
No. 9 – filed October 3, 2022]
Objection/Response Deadline: October 19, 2022 at 4:00 p.m. (ET)
Objections/Responses Received: None.
Related Documents:
i. Interim Order (I) Authorizing Debtors (A) to Pay Certain Prepetition Taxes and
Assessments and (B) Granting Related Relief [Docket No. 70 – entered October
6, 2022]
ii. Notice of (A) Entry of Interim Order (I) Authorizing Debtors (A) to Pay Certain
Prepetition Taxes and Assessments and (B) Granting Related Relief; and
(B) Final Hearing Thereon [Docket No. 79 – filed October 6, 2022]
iii. Certificate of No Objection Regarding Motion of Debtors for Entry of Interim and
Final Orders (I) Authorizing Debtors (A) to Pay Certain Prepetition Taxes and
Assessments and (B) Granting Related Relief [Docket No. 126 – filed October 20,
2022]
iv. Final Order (I) Authorizing Debtors (A) To Pay Certain Prepetition Taxes and
Assessments and (B) Granting Related Relief [Docket No. 133 – entered October
21, 2022]
Status: On October 21, 2022, the Court entered a final order with respect to this matter.
Accordingly, a hearing with respect to this matter is no longer necessary.
4. Motion of Debtors for Interim and Final Orders Authorizing Debtors to (I) Continue
Servicing and Subservicing Activities and (II) Perform Related Obligations [Docket No.
11 – filed October 3, 2022]
Objection/Response Deadline: October 19, 2022 at 4:00 p.m. (ET)
Objections/Responses Received:
A. Informal comments received from the Federal Reserve Bank of San Francisco
Related Documents:
i. Interim Order Authorizing Debtors to (I) Continue Servicing and Subservicing
Activities and (II) Perform Related Obligations [Docket No. 88 – entered October
6, 2022]
3
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ii. Notice of (A) Entry of Interim Order Authorizing Debtors to (I) Continue
Servicing and Subservicing Activities and (II) Perform Related Obligations; and
(B) Final Hearing Thereon [Docket No. 89 – filed October 6, 2022]
iii. Certification of Counsel Regarding Final Order Authorizing Debtors to
(I) Continue Servicing and Subservicing Activities and (II) Perform Related
Obligations [Docket No. 139 – filed October 21, 2022]
iv. Final Order Authorizing Debtors to (I) Continue Servicing and Subservicing
Activities and (II) Perform Related Obligations [Docket No. 140 – entered
October 21, 2022]
Status: On October 21, 2022, the Court entered a final order with respect to this matter.
Accordingly, a hearing with respect to this matter is no longer necessary.
5. Application of Debtors for Authority to Retain and Employ Weil, Gotshal & Manges
LLP as Attorneys for Debtors Effective as of Petition Date [Docket No. 15 – filed
October 4, 2022]
Objection/Response Deadline: October 19, 2022 at 4:00 p.m. (ET)
Objections/Responses Received:
A. Informal comments received from the Office of the United States Trustee (the
“U.S. Trustee”)
Related Documents:
i. Notice of Application and Hearing [Docket No. 48 – filed October 5, 2022]
ii. Certification of Counsel Regarding Order Authorizing Retention and Employment
of Weil, Gotshal & Manges LLP as Attorneys for Debtors Effective as of Petition
Date [Docket No. 130 – filed October 20, 2022]
iii. Order Authorizing Retention and Employment of Weil, Gotshal & Manges LLP
as Attorneys for Debtors Effective as of Petition Date [Docket No. 137 – entered
October 21, 2022]
Status: On October 21, 2022, the Court entered an order with respect to this matter.
Accordingly, a hearing with respect to this matter is no longer necessary.
6. 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 – filed October 4, 2022]
Objection/Response Deadline: October 19, 2022 at 4:00 p.m. (ET)
4
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Objections/Responses Received:
A. Informal comments received from the U.S. Trustee
Related Documents:
i. Notice of Application and Hearing [Docket No. 49 – filed October 5, 2022]
ii. Supplemental Declaration of Deborah Rieger-Paganis of AlixPartners, LLP
[Docket No. 124 – filed October 20, 2022]
iii. Certification of Counsel Regarding Order Authorizing Debtors to Employ and
Retain AlixPartners, LLP as Financial Advisor Effective as of the Petition Date
[Docket No. 128 – filed October 20, 2022]
iv. Order Authorizing Debtors to Employ and Retain AlixPartners, LLP as Financial
Advisor Effective as of the Petition Date [Docket No. 135 – entered October 21,
2022]
Status: On October 21, 2022, the Court entered an order with respect to this matter.
Accordingly, a hearing with respect to this matter is no longer necessary.
7. 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 – filed October 4, 2022]
Objection/Response Deadline: October 19, 2022 at 4:00 p.m. (ET)
Objections/Responses Received:
A. Informal comments received from the U.S. Trustee
Related Documents:
i. Notice of Application and Hearing [Docket No. 50 – filed October 5, 2022]
ii. Certification of Counsel Regarding Order Authorizing Debtors to Employ and
Retain Omni Agent Solutions, Inc. as Administrative Agent Effective as of the
Petition Date [Docket No. 131 – filed October 20, 2022]
iii. Order Authorizing Debtors to Employ and Retain Omni Agent Solutions, Inc. as
Administrative Agent Effective as of the Petition Date [Docket No. 138 – entered
October 21, 2022]
Status: On October 21, 2022, the Court entered an order with respect to this matter.
Accordingly, a hearing with respect to this matter is no longer necessary.
5
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8. Motion of Debtors for Entry of Order Establishing Procedures for Interim Compensation
and Reimbursement of Expenses of Professionals [Docket No. 95 – filed October 11,
2022]
Objection/Response Deadline: October 19, 2022 at 4:00 p.m. (ET); extended by
agreement to October 21, 2022 at 12:00 noon for
the U.S. Trustee
Objections/Responses Received:
A. Informal comments received from the U.S. Trustee
Related Documents:
i. Certification of Counsel Regarding Order Establishing Procedures for Interim
Compensation and Reimbursement of Expenses of Professionals [Docket No. 129
– filed October 20, 2022]
ii. Order Establishing Procedures for Interim Compensation and Reimbursement of
Expenses of Professionals [Docket No. 136 – entered October 21, 2022]
Status: On October 21, 2022, the Court entered an order with respect to this matter.
Accordingly, a hearing with respect to this matter is no longer necessary.
II. CONTINUED MATTERS:
9. Motion of Debtors for Entry of Interim and Final Orders (I) Authorizing Debtors to
(A) Pay Prepetition Wages, Salaries, Employee Benefits, and Other Compensation and
(B) Maintain Employee Benefit Programs and Pay Related Obligations and (II) Granting
Related Relief [Docket No. 10 – filed October 3, 2022]
Objection/Response Deadline: October 19, 2022 at 4:00 p.m. (ET); extended to
October 31, 2022 at 4:00 p.m. (ET) for the relief
sought in the Supplement (as defined below)
Objections/Responses Received:
A. Informal comments received from the U.S. Trustee
B. Informal comments received from Morgan Franklin LLC
Related Documents:
i. Interim Order (I) Authorizing Debtors to (A) Pay Prepetition Wages, Salaries,
Employee Benefits, and Other Compensation and (B) Maintain Employee Benefit
Programs and Pay Related Obligations and (II) Granting Related Relief [Docket
No. 75 – entered October 6, 2022
6
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ii. Notice of (A) Entry of Interim Order (I) Authorizing Debtors to (A) Pay
Prepetition Wages, Salaries, Employee Benefits, and Other Compensation and
(B) Maintain Employee Benefit Programs and Pay Related Obligations and
(II) Granting Related Relief; and (B) Final Hearing Thereon [Docket No. 80 –
filed October 6, 2022]
iii. Supplement to the Motion of Debtors for Entry of Interim and Final Orders
(I) Authorizing Debtors to (A) Pay Prepetition Wages, Salaries, Employee
Benefits, and Other Compensation and (B) Maintain Employee Benefit Programs
and Pay Related Obligations and (II) Granting Related Relief [Docket No. 141 –
filed October 21, 2022] (the “Supplement”)
Status: The hearing with respect to this matter has been continued to November 7, 2022
at 1:00 p.m. (ET).
10. Application of Debtors to Retain and Employ Richards, Layton & Finger, P.A. as Co-
Counsel to the Debtors Effective as of Petition Date [Docket No. 46 – filed October 4,
2022]
Objection/Response Deadline: October 19, 2022 at 4:00 p.m. (ET); extended by
agreement to October 31, 2022 at 4:00 p.m. for the
U.S. Trustee
Objections/Responses Received:
A. Informal comments received from the U.S. Trustee
Related Documents:
i. Notice of Application and Hearing [Docket No. 51 – filed October 5, 2022]
Status: The hearing with respect to this matter has been continued to November 7, 2022
at 1:00 p.m. (ET).
III. MATTER TO BE SUBMITTED UNDER CERTIFICATION:
11. Motion of Debtors for Entry of Order (I) Establishing a General Bar Date to File Proofs
of Claim, (II) Establishing a Bar Date to File Proofs of Claim by Governmental Units,
(III) Establishing an Amended Schedules Bar Date, (IV) Establishing a Rejection
Damages Bar Date, (V) Approving the Form and Manner for Filing Proofs of Claim,
(VI) Approving the Proposed Notice of Bar Dates, (VII) Approving Procedures with
Respect to Service of the Proposed Notice of Bar Dates, and (VIII) Granting Related
Relief [Docket No. 96 – filed October 11]
Objection/Response Deadline: October 19, 2022 at 4:00 p.m. (ET); extended by
agreement to October 21, 2022 at 12:00 noon for
the U.S. Trustee
7
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Objections/Responses Received:
A. Informal comments received from the U.S. Trustee
Related Documents: None at this time.
Status: The Debtors intend to submit a revised proposed order under certification of
counsel. Accordingly, a hearing with respect to this matter will only be necessary
to the extent the Court has any questions or concerns.
Dated: October 24, 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
Proposed Attorneys for Debtors
and Debtors in Possession
-and-
8
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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
Attorneys for Debtors
and Debtors in Possession
9
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