Court filing
**WITHDRAWN** - SEE DOCKET # 159. Certification… — In re KServicing Wind Down Corp., et al. (f/k/a Kabbage,… (Dkt. 158)
Summary
A certification of counsel filed October 25, 2022 as Doc 158 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 concerns the debtors' October 11, 2022 motion [Docket No. 96] for an order establishing bar dates for filing proofs of claim and approving the claim form and notice procedures. The certification states the objection deadline was October 19, 2022 at 4:00 p.m., extended to October 21, 2022 at 12:00 p.m. for the United States Trustee, from whom the debtors received informal comments. It states that a revised proposed order resolving those comments is attached as Exhibit 1, with a redline comparison as Exhibit 2, and that the Trustee and the Federal Reserve Bank of San Francisco do not object to its entry. The three-page filing asks that the revised order be entered.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
No. 22-10951 · Doc. 158 · Docket on CourtListener
Full text
Case 22-10951-CTG Doc 158 Filed 10/25/22 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. 96
------------------------------------------------------------ x
CERTIFICATION OF COUNSEL REGARDING
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
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 (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
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 28134700v.1
Case 22-10951-CTG Doc 158 Filed 10/25/22 Page 2 of 3
Service of the Proposed Notice of Bar Dates, and (VIII) Granting Related Relief [Docket No. 96]
(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
filed with the Court on or before October 19, 2022 at 4:00 p.m. (prevailing Eastern Time) (the
“Objection Deadline”). The Objection Deadline was extended to October 21, 2022 at 12:00
p.m. (prevailing Eastern Time) for the Office of the United States Trustee for the District of
Delaware (the “U.S. Trustee”).
3. Prior to the Objection Deadline, the Debtors received certain informal
comments (the “Comments”) to the relief requested in the Motion from 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
RLF1 28134700v.1
Case 22-10951-CTG Doc 158 Filed 10/25/22 Page 3 of 3
WHEREFORE the Debtors respectfully request that the Revised Order be entered
at the earliest convenience of the Court.
Dated: October 25, 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 28134700v.1
File and source
- File
- gov.uscourts.deb.188293.158.0.pdf
- Size
- 319,383 bytes
- SHA-256
- 423b6775b842459cb41c46b20ab512b250eefb6f7cfbabd392dd3426e6a253a2
- Original
- archive.org