Court filing

Exhibit 2 — In re KServicing Wind Down Corp., et al. (f/k/a Kabbage, Inc. d/b/a KServicing) (Dkt. 160.2)

Summary

Exhibit 2 to Document 160-2, filed October 25, 2022 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, where the chapter 11 cases are jointly administered. The exhibit is a redline of a proposed order establishing bar dates for filing proofs of claim: a general bar date, a bar date for governmental units, an amended schedules bar date and a rejection damages bar date, together with approval of the claim form, the notice of bar dates and service procedures. It sets the general bar date at November 28, 2022 at 5:00 p.m. prevailing Eastern time and the governmental bar date at April 3, 2023, and recites jurisdiction under 28 U.S.C. §§ 157(a)–(b) and 1334(b). Attached is the proposed notice of bar dates, which gives the petition date as October 3, 2022. The exhibit runs 24 pages.

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. 160-2 · Docket on CourtListener

Full text

Case 22-10951-CTG Doc 160-2 Filed 10/25/22 Page 1 of 24

Exhibit 2

Redline

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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)
:
: Ref. Docket No. __96
------------------------------------------------------------ x

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

Upon the motion (the “Motion”)2 of Kabbage, Inc. d/b/a KServicing and its debtor

affiliates, as debtors and debtors in possession in the Chapter 11 Cases (collectively,

the “Debtors”), for entry of an order (i) establishing a bar date for the filing of proofs of claim

(each, a “Proof of Claim”) in respect of prepetition claims, including secured claims, unsecured

priority claims, unsecured non-priority claims, and claims arising under section 503(b)(9) of title

11 of the United States Code (the “Bankruptcy Code”); (ii) establishing a bar date for the filing

of Proofs of Claim by governmental units in respect of prepetition claims against any of the

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.
2
Capitalized terms used but not otherwise defined herein shall have the respective meanings ascribed to such terms
in the Motion.

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Debtors; (iii) establishing a bar date for filing of Proofs of Claim following the amendment or

supplement of the Debtors’ schedules of assets and liabilities (collectively, the “Schedules”);

(iv) establishing a bar date for filing of Proofs of Claim for damages arising from the Debtors’

rejection of executory contracts or unexpired leases; (v) approving the form and manner of filing

Proofs of Claim; (vi) approving the notice of the Bar Dates; (vii) approving the procedures with

respect to service of the proposed notice of the Bar Dates; and (viii) granting related relief, all as

more fully set forth in the Motion; and the Court having jurisdiction to consider the Motion and

the relief requested therein pursuant to 28 U.S.C. §§ 157(a)–(b) and 1334(b), and the Amended

Standing Order of Reference from the United States District Court for the District of Delaware,

dated February 29, 2012; and consideration of the Motion and the requested relief being a core

proceeding pursuant to 28 U.S.C. § 157(b); and venue being proper before this Court pursuant to

28 U.S.C. §§ 1408 and 1409; and due and proper notice of the Motion having been provided; and

such notice having been adequate and appropriate under the circumstances; and it appearing that

no other or further notice need be provided; and this Court having held a hearing, if necessary, to

consider the relief requested in the Motion (the “Hearing”), if necessary; and upon the record of

the Hearing; and this Court having determined that the legal and factual bases set forth in the

Motion establish just cause for the relief granted herein; and after due deliberation and sufficient

cause appearing therefor,

IT IS HEREBY ORDERED THAT

1. The Motion is granted to the extent set forth herein.

2. Unless otherwise provided herein, the following Bar Dates are hereby

approved and established in these Chapter 11 Cases:

a. establish November 2830, 2022 at 5:00 p.m. (Prevailing Eastern Time)
as the deadline for each person or entity (including individuals,
partnerships, corporations, joint ventures, and trusts, but not including any

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governmental units (as defined in section 101(27) of the Bankruptcy Code)
(“Governmental Units”)), to file a proof of claim (each, a “Proof of
Claim”) in respect of a prepetition claim (as defined in section 101(5) of
the Bankruptcy Code), including, for the avoidance of doubt, secured
claims, unsecured priority claims, and unsecured non-priority claims (the
“General Bar Date”), unless otherwise provided herein;

b. establish April 3, 2023 at 5:00 p.m. (Prevailing Eastern Time) as the
deadline for Governmental Units to file a Proof of Claim in respect of a
prepetition claim against any of the Debtors (the “Governmental Bar
Date”);

c. establish the later of (i) the General Bar Date or the Governmental Bar
Date, as applicable, and (ii) 5:00 p.m. (Prevailing Eastern Time) on the
date that is thirty (30) days from the date on which the Debtors provide
serve an applicable claimant with notice of a previously unscheduled
claim, an amendment to the Schedules (which, for the avoidance of
doubt, shall include a change to whether a claim is listed on the
Schedules as “contingent,” “unliquidated,” or “disputed,”) or a
supplement to the Schedules (as defined herein) as the deadline by which
claimants holding claims affected by such filing, amendment, or
supplement must file Proofs of Claim with respect to such claim (the
“Amended Schedules Bar Date”); and

d. establish the later of (i) the General Bar Date or the Governmental Bar
Date, as applicable, and (ii) 5:00 p.m. (Prevailing Eastern Time) on the
date that is thirty (30) days following service the date an applicable
claimant is served of an order approving rejection of any executory
contract or unexpired lease of the Debtors as the deadline by which
claimants asserting claims resulting from the Debtors’ rejection of an
executory contract or unexpired lease must file Proofs of Claim for damages
arising from such rejection3 (the “Rejection Damages Bar Date,” and,
collectively with the General Bar Date, the Governmental Bar Date, and the
Amended Schedules Bar Date, the “Bar Dates”);.

e. approve the Debtors’ proposed procedures for filing Proofs of Claim;
3. f.approve the Debtors’ The proposed form of Proof of Claim attached as

Exhibit 1 to the Proposed Order (as defined below) (the “Proof of Claim Form”)

;
g. approve the Debtors’ proposed procedures for providing notice of the Bar
Dates, including (i) the form of notice, substantially in the form annexed as
Exhibit 2 to the Proposed Order (as defined below) (the “Bar Date
Notice”), (ii) the proposed notice procedures with respect to providing

3
Provided that notwithstanding the foregoing, a party to an executory contract or unexpired lease that has not been
rejected by the Debtors by the date of entry of the Bar Date Order who asserts a claim on account of unpaid amounts
accrued and outstanding as of the Petition Date pursuant to such executory contract or unexpired lease (other than
a rejection damages claim) must file a Proof of Claim for such amounts on or before the applicable Bar Date, unless
an exception identified in this Motion or the Proposed Order applies.

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notice of the Bar Dates to Borrowers (as defined below), and (iii) the form
of publication notice of the Bar Dates (the “Publication Notice”); and
h. grant related relief.

The Proof of Claim Form, substantially in the form annexed hereto as Exhibit 1, is

approved.

4. The proposed notice of the Bar Date, substantially in the form annexed

hereto as Exhibit 2 (the “Bar Date Notice”), is approved.

5. The Borrower Notice, substantially in the form annexed hereto as Exhibit

3, is approved.

5. 6.The following Procedures for filing Proofs of Claim are hereby approved:

a. Proofs of Claim must conform substantially to either (i) the Proof of Claim
Form or (ii) Official Form 410;4

b. Proofs of Claim must be either (i) filed electronically through the Omni’s
Proof of Claim website for these cases at
https://omniagentsolutions.com/kservicing
https://cases.omniagentsolutions.com/claim?clientid=3641 by following
instructions for filing proofs of claim electronically; or (ii) by transmitting
transmitted with the original proof of claim by hand delivery, U.S. Postal
Service mail, or overnight delivery to Omni’s Claims Processing Center for
the Debtors at Kabbage, Inc. d/b/a KServicing, et al. Claims Processing c/o
Omni Agent Solutions, 5955 De Soto Ave., Suite 100, Woodland Hills, CA
91367.

c. Proofs of Claim will be deemed filed only when received by Omni on or
before the applicable Bar Date;

d. Proofs of Claim must (i) be signed by the claimant or, if the claimant is not
an individual, by an authorized agent of the claimant under penalty of
perjury; (ii) include supporting documentation (if voluminous, attach a
summary) or an explanation as to why documentation is not available; (iii)
be in the English language and (iv) be denominated in United States
currency;

4
The Official Form 410 can be found at www.uscourts.gov/forms/bankruptcy-forms, the official website for the
United States Bankruptcy Courts. The Proof of Claim Form can be found at
https://omniagentsolutions.com/kservicing, the website established by Omni for the Debtors’ Chapter 11 Cases.

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e. Proofs of Claim must specify by name and case number the Debtor against
which the claim is filed. If the holder asserts a claim against more than one
Debtor or has claims against different Debtors, a separate Proof of Claim
form must be filed with respect to each Debtor. If the holder lists multiple
Debtors on the Proof of Claim, then the Debtors will treat such claim as if
it is filed against the first listed Debtor. If the holder files a Proof of Claim
without identifying a Debtor, such Proof of Claim will be deemed as filed
only against Kabbage, Inc. d/b/a KServicing;

f. Proofs of Claim sent by facsimile, telecopy, or electronic mail transmission
will not be accepted.

6. 7.Except as otherwise set forth herein, the following persons or entities

holding claims against the Debtors arising prior to the Petition Date are required to file Proofs of

Claim on or before the applicable Bar Date:

a. any person or entity whose claim against a Debtor is not listed in the
applicable Debtor’s Schedules or is listed as “contingent,” “unliquidated,”
or “disputed,” if such entity desires to participate in any of these Chapter 11
Cases or share in any distribution in any of these Chapter 11 Cases;

c. any person or entity that believes that any prepetition claim as listed in the
Schedules is not an obligation of the specific Debtor against which the claim
is listed and that desires to have its claim allowed against a Debtor other
than the Debtor identified in the Schedules.

7. 8.The persons or entities (including, without limitation, individuals,

partnerships, corporations, joint ventures, trusts, or Governmental Units) who hold the following

claims are not required to file a Proof of Claim on or before the applicable Bar Date, solely with

respect to the claims described below:

a. any claim listed on the Schedules filed by the Debtors; provided, that and
(i) the claim is not listed on the Schedules as “disputed,” “contingent,” or
“unliquidated,” (ii) the person or entity does not dispute agrees with the
amount, nature, and priority of the claim as set forth in the Schedules, and
(iii) the person or entity does not dispute agrees that the claim is an

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obligation of the specific Debtor against which the claim is listed in the
Schedules;

b. any claim as to which the holder already has filed a signed Proof of Claim
with Omni against the respective Debtor(s) with respect to the claim being
asserted, utilizing the Proof of Claim Form or the Official Form 410, and
has otherwise complied with the Procedures;

c. an administrative expense allowable under section 503(b) and 507(a)(2) of
the Bankruptcy Code as an expense of administration (but not, for the
avoidance of doubt, claims asserting priority pursuant to section 503(b)(9)5
of the Bankruptcy Code);

d. any claim that has been allowed by order of this Court entered on or before
the applicable Bar Date;

e. any claim that has been paid in full or will be paid in full in accordance with
the Bankruptcy Code or an order of this Court;

f. any claim for which a separate deadline has been fixed by an order of this
Court entered on or before the applicable Bar Date;

g. any equity interest in the Debtors, which interest exclusively is based upon
the ownership of common or preferred stock, membership interests,
partnership interests, or warrants, options, or rights to purchase, sell, or
subscribe to such a security or interest; provided, that if any such holder
asserts a claim (as opposed to an ownership interest) against the Debtors
(including a claim relating to an equity interest or the purchase or sale of
such equity interest), a Proof of Claim must be filed on or before the
applicable Bar Date pursuant to the Procedures set for the herein;

h. a claim held by a current employee of the Debtors, if an order of the Court
authorized the Debtors to honor such claim in the ordinary course of
business for wages, commissions, or benefits; provided, that a current
employee must submit a Proof of Claim by the applicable Bar Date for all
other claims arising before the Petition Date, including, but not limited to,
claims with respect to the Debtors’ non-qualified deferred compensation
plan or for wrongful termination, discrimination, harassment, hostile work
environment, and/or retaliation;

i. any claim based on indemnification, contribution, or reimbursement of a
current officer, director, or employee of any of the Debtors; and

j. any claim held by a Debtor or non-Debtor subsidiary or affiliate against
another Debtor.

5
A claim arising under Bankruptcy Code section 503(b)(9) is a claim arising from the value of any goods received
by the Debtors within twenty (20) days before the Petition Date, provided that the goods were sold to the Debtors
in the ordinary course of the Debtors’ business.

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8. 9.Pursuant to Bankruptcy Rule 3003(c)(2), any holder of a claim who is

required to timely file a Proof of Claim on or before the applicable Bar Date as provided herein,

but fails to do so, (i) unless ordered otherwise by the Court, shall not be treated as a creditor with

respect to such claim for the purposes of voting on a chapter 11 plan and distribution in these

Chapter 11 Cases on account of such claim.

9. 10.Pursuant to Bankruptcy Rules 2002(a)(7), (f), and (l), the Debtors shall

provide notice of the Bar Dates and Proof of Claim, other than with respect to Borrowers6, in

accordance with the following Procedures:

a. Within five (5) business days of entry of an order granting the relief
requested herein (the “Bar Date Order”) or within five (5) business days
after the Debtors file their Schedules, the Debtors propose to cause to be
mailed No later than thirty day (30) days before the General Bar Date, the
Debtors shall serve by first class U.S. Mail, postage prepaid: (i) a copy of
the Proof of Claim Form and (ii) the Bar Date Notice, substantially in the
form annexed as Exhibit 2 to the Proposed Order to the following parties:

i. the Office of the United States Trustee for the District of Delaware
(the “U.S. Trustee”);

ii. counsel to any statutorily appointed committee in these Chapter 11
Cases;

iii. all known creditors and other known holders of potential claims
against any of the Debtors’ estates;

iv. all counterparties to the Debtors’ executory contracts and unexpired
leases at the addresses stated therein or as updated pursuant to a
request by the counterparty or by returned mail from the post office
with a forwarding address;

v. all parties to pending litigation against the Debtors (as of the date of
entry of the Bar Date Order);

vi. all persons or entities who have filed claims (as of the date of entry
of the Bar Date Order);

vii. all parties who have sent correspondence to the Court and are listed
on the Court’s electronic docket (as of the date of entry of the Bar
Date Order);

6
The term “Borrowers” includes any person or entity whose loan was serviced by the Debtors.

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viii. all parties who have requested notice pursuant to Bankruptcy Rule
2002 (as of the date of entry of the Bar Date Order);

ix. all current and former employees of the Debtors (to the extent that
contact information for former employees is available in the
Debtors’ records;

x. all known non-Debtor equity and interest holders of the Debtors as
of the date of entry of the Bar Date Order;

xi. the Internal Revenue Service, the United States Attorney’s Office
for the District of Delaware, and all applicable Governmental Units;

xii. all taxing authorities for the jurisdictions in which the Debtors
maintain or conduct business;

xiii. all regulatory authorities that regulate the Debtors’ businesses,
including consumer protection, environmental, and permitting
authorities;

xiv. such additional persons and entities deemed appropriate by the
Debtors; and

xv. to the extent not already included above, all parties (other than
Borrowers) listed on the Debtors’ consolidated creditor matrix
[Docket No. 20] and any amendments or supplements thereto.

b. The Debtors shall post the Proof of Claim Form and the Bar Date Notice on
the website established by Omni for the Debtors’ cases:
https://omniagentsolutions.com/kservicing.

10. 11.The Debtors shall serve the Bar Date Notice and Proof of Claim Form

on the Borrowers by email, in accordance with the procedures approved in the Creditor Matrix

Order [Docket No. 77], provided however, that the Debtors shall serve the Mail Notice Borrowers7

by first class mail, if the mailing address is available, also in accordance with the procedures

approved in the Creditor Matrix Order, with the Borrower Notice via first-class presort postage or

the most cost-effective method available within five (5) business days of the entry of this OrderBar

Date Notice and the Proof of Claim Form in accordance with paragraph 9(a).

7
“Mail Notice Borrowers” means Borrowers for which the Debtors do not have a valid email address for such
Borrower, the Debtors receive a “bounce back” notice from the Borrower’s email address, or such Borrower opts
out of email noticing.

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11. 12.The Debtors shall publish the form of publication notice of the Bar Dates

(the “Publication Notice”), at least twenty-one (21) days prior to the General Bar Date, or as soon

as practicable thereafter, with any necessary modifications for ease of publication, once in each of

the national editions of The New York Times and USA Today, and in the Debtors’ sole discretion,

to publish the Publication Notice in additional national and/or local newspapers, trade journals, or

similar publications, subject to applicable publication deadlines, which publication is approved

and shall be deemed good, adequate, and sufficient publication notice of the Bar Dates and the

Procedures for filing Proofs of Claim in these Chapter 11 Cases.

12. 13.The Debtors and Omni are authorized and empowered to take such steps

and perform such acts as may be necessary to implement and effectuate the terms of this Order.

13. 14.Notification of the relief granted by this Order as provided herein is fair

and reasonable and will provide good, sufficient, and proper notice to all creditors (including for

the avoidance of doubt, Borrowers) of their rights and obligations in connection with claims they

may have against the Debtors in these Chapter 11 Cases.

14. 15.Nothing in this Order shall prejudice the right of the Debtors or any other

party in interest to dispute or assert offsets or defenses to any claim reflected in the Schedules or

otherwise.

15. 16.Entry of this Order is without prejudice to the right of the Debtors to seek

a further order of this Court fixing the date by which holders of claims not subject to the Bar Dates

established herein must file such claims against the Debtors.

16. 17.This Court shall retain jurisdiction to hear and determine all matters

arising from or related to the implementation, interpretation and/or enforcement of this Order.

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Exhibit 1

Proof of Claim Form

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UNITED STATES BANKRUPTCY COURT DISTRICT OF DELAWARE
Fill in the information to identify the case (Select only one Debtor per form):

Kabbage, Inc. d/b/a KServicing (CASE NO. 22-10951) Kabbage Asset Funding 2017-A, LLC (CASE NO. 22-10954)
Kabbage Canada Holdings, LLC (CASE NO. 22-10952) Kabbage Asset Funding 2019-A, LLC (CASE NO. 22-10955)
Kabbage Asset Securitization, LLC (CASE NO. 22-10953) Kabbage Diameter, LLC (CASE NO. 22-10956)

Official Form 410
Proof of Claim 04/22
Read the instructions before filling out this form. This form is for making a claim for payment in a bankruptcy case. Do not use this form to
make a request for payment of an administrative expense. Make such a request according to 11 U.S.C. § 503.

Filers must leave out or redact information that is entitled to privacy on this form or on any attached documents. Attach redacted copies of any
documents that support the claim, such as promissory notes, purchase orders, invoices, itemized statements of running accounts, contracts, judgments,
mortgages, and security agreements. Do not send original documents; they may be destroyed after scanning. If the documents are not available,
explain in an attachment.
A person who files a fraudulent claim could be fined up to $500,000, imprisoned for up to 5 years, or both. 18 U.S.C. §§ 152, 157, and 3571.

Fill in all the information about the claim as of the date the case was filed. That date is on the notice of bankruptcy (Form 309) that you received.

Carefully read instructions included with this Proof of Claim before completing. In order to have your claim considered for payment and/or voting purposes,
complete ALL applicable questions. The original of this Proof of Claim must be sent to: Kabbage, Inc. dba KServicing, et al., c/o Omni Agent Solutions,
5955 De Soto Avenue, Suite 100, Woodland Hills, CA 91367 by MON DD, YYYY at X:00 pm prevailing Eastern Time or MON DD, YYYY
at X:00 pm prevailing Eastern time for governmental entities.

Part 1: Identify the Claim
1. Who is the current creditor?
Name of the current creditor (the person or entity to be paid for this claim)

Other names the creditor used with the debtor

2. Has this claim been acquired No
from someone else? Yes From whom?

3. Where should notices and Where should notices to the creditor be sent? Where should payments to the creditor be sent? (if
payments to the creditor be different)
sent?

Federal Rule of
Name Name
Bankruptcy Procedure
(FRBP) 2002(g)

Number Street Number Street

City State ZIP Code City State ZIP Code

Contact Phone Contact Phone

Contact email Contact email

Uniform claim identifier for electronic payments in chapter 13 (if you use one)

4. Does this claim amend one No
already filed? Yes Claim Number on court claims registry (if known) Filed On
MM / DD / YYYY

5. Do you know if anyone else
has filed a proof of claim for No
this claim? Yes Who made the earlier filing?

Official Form 410 Proof of Claim Page 1
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Part 2: Give Information About the Claim as of the Date the Case Was Filed

6. Do you have any number you No
use to identify the debtor?
Yes Last 4 digits of the debtor's account or any number you use to identify the debtor:

7. How much is the claim? $ Does this amount include interest or other charges?
No
Yes Attach statement itemizing interest, fees, expenses, or other
charges required by Bankruptcy Rule 3001(c)(2)(A).

8. What is the basis of the Examples: Goods sold, money loaned, lease, services performed, personal injury or wrongful death, or credit card.
claim?
Attach redacted copies of any documents supporting the claim required by Bankruptcy Rule 3001(c).

Limit disclosing information that is entitled to privacy, such as health care information

9. Is all or part of the claim No
secured? Yes The claim is secured by a lien on property

Nature of property:
Real Estate If the claim is secured by the debtor's principal residence, file a Mortgage Proof of Claim
Attachment (Official Form 410-A) with this Proof of Claim
Motor Vehicle

Other Describe:

Basis for perfection:
Attach redacted copies of documents, if any, that show evidence of perfection of a security interest (for example,
a mortgage, lien, certificate of title, financing statement, or other document that shows the lien has been filed or
recorded.

Value of Property: $
Amount of the claim that is secured: $

Amount of the claim that is unsecured: $ (The sum of the secured and unsecured
amounts should match the amount in
line 7).

Amount necessary to cure any default as of the date of the petition: $

Annual Interest Rate: (when case was filed) %
Fixed
Variable

10. Is this claim based on a No
lease? Yes Amount necessary to cure any default as of the date of the petition. $

11. Is this claim subject to a No
right of setoff? Yes Identify the property:

12. Is this claim for the value No
of goods received by the Yes Amount of 503(b)(9) Claim: $
debtor within 20 days
before the
commencement date of
this case (11 U.S.C.
§503(b)(9)).?

Official Form 410 Proof of Claim Page 2
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13. Is all or part of the claim No
entitled to priority under Amount entitled to priority
Yes Check all that apply
11 U.S.C. § 507(a)?
Domestic support obligations (including alimony and child support) under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B). $
A claim may be partly
priority and partly
Up to $3,350* of deposits toward purchase, lease, or rental of property or services for
nonpriority. For example,
personal, family, or household use. 11 U.S.C. § 507(a)(7). $
in some categories, the
law limits the amount Wages, salaries, or commissions (up to $15,150*) earned within 180 days before the
entitled to priority. bankruptcy petition is filed or the debtor's business ends, whichever is earlier. 11 $
U.S.C. § 507(a)(4).

Taxes or penalties owed to governmental units. 11 U.S.C. § 507(a)(8). $

Contributions to an employee benefit plan 11 U.S.C. § 507(a)(5). $

Other. Specify subsection of 11 U.S.C. § 507(a)( ) that applies. $

* Amounts are subject to adjustment on 4/01/25 and every 3 years after that for cases begun on or after the date of adjustment.

Part 3: Sign Below
The person completing Check the appropriate box:
this proof of claim must
I am the creditor.
sign and date it.
FRBP 9011(b). I am the creditor's attorney or authorized agent.
I am the trustee, or the debtor, or their authorized agent. Bankruptcy Rule 3004. I
If you file this claim
electronically, FRBP am the guarantor, surety, endorser, or other codebtor. Bankruptcy Rule 3005.
5005(a)(2) authorizes
courts to establish local I understand that an authorized signature on this Proof of Claim serves as an acknowlegment that when calculating the
rules specifying what a
signature is. amount of the claim, the creditor gave the debtor credit for any payments received toward the debt.

I have examined the information in this Proof of Claim and have a reasonable belief that the information is true
A person who files a and correct.
fraudulent claim could be
fined up to $500,000, I declare under penalty of perjury that the foregoing is true and correct.
imprisoned for up to 5
years, or both.
18 U.S.C. §§ 152, 157, and Executed on date
3571. MM / DD / YYYY

Signature

Print the name of the person who is completing and signing this claim:

Name
First Name Middle Name Last Name

Title

Company
Identify the corporate servicer as the company if the authorized agent is a servicer.

Address
Number Street

City State ZIP Code

Contact Phone Email

Official Form 410 Proof of Claim Page 3
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Official Form 410
Instructions for Proof of Claim
United States Bankruptcy Court 12/15

These instructions and definitions generally explain the law. In certain circumstances, such as bankruptcy cases that debtors
do not file voluntarily, exceptions to these general rules may apply. You should consider obtaining the advice of an attorney,
especially if you are unfamiliar with the bankruptcy process and privacy regulations.

A person who files a fraudulent claim could be fined up
to $500,000, imprisoned for up to 5 years, or both.
18 U.S.C. §§ 152, 157 and 3571.

How to fill out this form  A Proof of Claim form and any attached documents
must show only the last 4 digits of any social security
 Fill in all of the information about the claim as of the number, individual’s tax identification number, or
date the case was filed. financial account number, and only the year of any
person’s date of birth. See Bankruptcy Rule 9037.
 Fill in the caption at the top of the form.

 If any information reflected on the Proof of Claim form  For a minor child, fill in only the child’s initials and the
is incorrect or if the Proof of Claim form contains full name and address of the child’s parent or
information that you do not agree with, cross out such guardian. For example, write A.B., a minor child (John
information and write in what you believe to be the correct Doe, parent, 123 Main St., City, State). See Bankruptcy
information. Rule 9037.
 If the claim has been acquired from someone else,
then state the identity of the last party who owned the
claim or was the holder of the claim and who transferred Confirmation that the claim has been filed
it to you before the initial claim was filed.
To receive confirmation that the claim has been filed, either
 Attach any supporting documents to this form. enclose a stamped self-addressed envelope and a copy of this
Attach redacted copies of any documents that show that the form or go to the court’s PACER system
debt exists, a lien secures the debt, or both. (See the (www.pacer.psc.uscourts.gov) to view the filed form.
definition of redaction on the next page.)
Also attach redacted copies of any documents that show
perfection of any security interest or any assignments or Understand the terms used in this form
transfers of the debt. In addition to the documents, a Administrative expense: Generally, an expense that arises
summary may be added. Federal Rule of Bankruptcy after a bankruptcy case is filed in connection with operating,
Procedure (called “Bankruptcy Rule”) 3001(c) and (d). liquidating, or distributing the bankruptcy estate.
11 U.S.C. § 503.
 Do not attach original documents because
attachments may be destroyed after scanning. Claim: A creditor’s right to receive payment for a debt that the
debtor owed on the date the debtor filed for bankruptcy. 11
 If the claim is based on delivering health care goods U.S.C. §101 (5). A claim may be secured or unsecured.
or services, do not disclose confidential health care
information. Leave out or redact confidential
information both in the claim and in the attached
documents.
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Claim Pursuant to 11 U.S.C. §503(b)(9): A claim arising from Secured claim under 11 U.S.C. §506(a): A claim backed by
the value of any goods received by the Debtor within 20 days a lien on particular property of the debtor. A claim is secured
before the date of commencement of the above case, in which to the extent that a creditor has the right to be paid from the
the goods have been sold to the Debtor in the ordinary course
property before other creditors are paid. The amount of a
of the Debtor's business. Attach documentation supporting
secured claim usually cannot be more than the value of the
such claim.
particular property on which the creditor has a lien. Any
amount owed to a creditor that is more than the value of the
Creditor: A person, corporation, or other entity to whom a property normally may be an unsecured claim. But exceptions
debtor owes a debt that was incurred on or before the date the exist; for example, see 11 U.S.C. § 1322(b) and the final
debtor filed for bankruptcy. 11 U.S.C. §101 (10). sentence of 1325(a).
Examples of liens on property include a mortgage on real
Debtor: A person, corporation, or other entity who is in estate or a security interest in a car. A lien may be voluntarily
bankruptcy. Use the debtor’s name and case number as shown granted by a debtor or may be obtained through a court
in the bankruptcy notice you received. 11 U.S.C. § 101 (13). proceeding. In some states, a court judgment may be a lien.

Evidence of perfection: Evidence of perfection of a security Setoff: Occurs when a creditor pays itself with money
interest may include documents showing that a security belonging to the debtor that it is holding, or by canceling a
interest has been filed or recorded, such as a mortgage, lien, debt it owes to the debtor.
certificate of title, or financing statement.

Uniform claim identifier: An optional 24-character identifier
Information that is entitled to privacy: A Proof of Claim that some creditors use to facilitate electronic payment.
form and any attached documents must show only the last 4
digits of any social security number, an individual’s tax
identification number, or a financial account number, only the Unsecured claim: A claim that does not meet the
initials of a minor’s name, and only the year of any person’s requirements of a secured claim. A claim may be unsecured in
date of birth. If a claim is based on delivering health care part to the extent that the amount of the claim is more than the
goods or services, limit the disclosure of the goods or services value of the property on which a creditor has a lien.
to avoid embarrassment or disclosure of confidential health
care information. You may later be required to give more
information if the trustee or someone else in interest objects to Offers to purchase a claim
the claim.
Certain entities purchase claims for an amount that is less than
the face value of the claims. These entities may contact
Priority claim: A claim within a category of unsecured creditors offering to purchase their claims. Some written
claims that is entitled to priority under 11 U.S.C. §507(a). communications from these entities may easily be confused
These claims are paid from the available money or with official court documentation or communications from the
property in a bankruptcy case before other unsecured debtor. These entities do not represent the bankruptcy court,
claims are paid. Common priority unsecured claims the bankruptcy trustee, or the debtor. A creditor has no
include alimony, child support, taxes, and certain unpaid obligation to sell its claim. However, if a creditor decides to
wages. sell its claim, any transfer of that claim is subject to
Bankruptcy Rule 3001(e), any provisions of the Bankruptcy
Proof of claim: A form that shows the amount of debt the Code (11 U.S.C. § 101 et seq.) that apply, and any orders of
debtor owed to a creditor on the date of the bankruptcy filing. the bankruptcy court that apply.
The form must be filed in the district where the case is
pending.

Redaction of information: Masking, editing out, or deleting
certain information to protect privacy. Filers must redact or
leave out information entitled to privacy on the Proof of
Claim form and any attached documents.

Do not file these instructions with your form.
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Exhibit 2

Bar Date Notice

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UNITED STATES BANKRUPTCY COURT, DISTRICT OF DELAWARE

In re
Chapter 11 Case Nos.: 22-10951 (CTG)
KABBAGE, INC. D/B/A KSERVICING, et al., Through 22-10956
(Jointly Administered)
Debtors.

NOTICE OF DEADLINES TO FILE PROOFS OF CLAIM
TO: ALL PERSONS AND ENTITIES WHO MAY HAVE CLAIMS AGAINST ANY OF THE FOLLOWING DEBTOR
ENTITIES:
Name of Debtor Case Number Tax Identification Number
Kabbage, Inc. 22-10951 36-4973937
Kabbage Canada Holdings, LLC 22-10952 N/A
Kabbage Asset Securitization, LLC 22-10953 N/A
Kabbage Asset Funding 2017-A LLC 22-10954 61-1854803
Kabbage Asset Funding 2019-A LLC 22-10955 83-4698973
Kabbage Asset Diameter, LLC 22-10956 N/A
OTHER NAMES USED BY THE DEBTORS IN THE PAST 8 YEARS:
Kabbage, Inc. d/b/a KServicing, Inc., KService Corp., KServicing, and Kabbage Platform
(Kabbage Platform used solely in the state of New York)
Attorneys for Debtors Attorneys for Debtors
Daniel J. DeFranceschi (No. 2732) Ray C. Schrock, P.C.
Zachary I. Shapiro (No. 5103) Natasha S. Hwangpo, Esq.
RICHARDS, LAYTON & FINGER, P.A. Chase A. Bentley, Esq.
One Rodney Square WEIL, GOTSHAL & MANGES LLP
920 N. King Street 767 Fifth Avenue
Wilmington, Delaware 19801 New York, New York 10153
Telephone: (302) 651-7700 Telephone: (212) 310-8000
Facsimile: (302) 651-7701 Facsimile: (212) 310-8007

Address of the Clerk of the Bankruptcy Court
Clerk of the United States Bankruptcy Court,
824 North Market Street, 3rd Floor, Wilmington, DE 19801
Telephone: 302-252-2900
Hours Open: 8:00 a.m.–4:00 p.m. Monday–Friday
PLEASE TAKE NOTICE THAT:
YOU ARE RECEIVING THIS NOTICE BECAUSE YOU MAY HAVE A CLAIM AGAINST THE
DEBTORS IN THE ABOVE-CAPTIONED CHAPTER 11 CASES. THEREFORE, YOU SHOULD READ
THIS NOTICE CAREFULLY AND CONSULT AN ATTORNEY IF YOU HAVE ANY QUESTIONS,
INCLUDING WHETHER YOU SHOULD FILE A PROOF OF CLAIM.
On October 3, 2022 (the “Petition Date”), the Debtors commenced with the Court voluntary cases
under the Bankruptcy Code (the “Chapter 11 Cases”). The Debtors are authorized to continue operating their business
and managing their properties as debtors in possession pursuant to section 1107(a) and 1108 of the Bankruptcy Code.
No trustee, examiner, or statutory committee has been appointed in these Chapter 11 Cases.

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On [●], 2022, the Bankruptcy Court, having jurisdiction over the Chapter 11 Cases of the Debtors,
entered an order (the “Bar Date Order”) establishing the following Bar Dates:
i. November 2830, 2022 at 5:00 p.m. (Prevailing Eastern Time) as the deadline for each person or entity
(including individuals, partnerships, corporations, joint ventures, and trusts, but not including any
governmental units (as defined in section 101(27) of the Bankruptcy Code) (“Governmental Units”)),
to file a proof of claim (each, a “Proof of Claim”) in respect of a prepetition claim (as defined in section
101(5) of the Bankruptcy Code), including, for the avoidance of doubt, secured claims, unsecured
priority claims, and unsecured non-priority claims (the “General Bar Date”), unless otherwise provided
herein;
ii. April 3, 2023 at 5:00 p.m. (Prevailing Eastern Time) as the deadline for Governmental Units to file a
Proof of Claim in respect of a prepetition claim against any of the Debtors (the “Governmental Bar
Date”);
iii. the later of (i) the General Bar Date or the Governmental Bar Date, as applicable, and (ii) 5:00
p.m. (Prevailing Eastern Time) on the date that is thirty (30) days from the date on which the
Debtors provide serve an applicable claimant with notice of a previously unscheduled claim, an
amendment to the Schedules (which, for avoidance of doubt, shall include a change to whether a
claim is listed on the Schedules as “contingent,” “unliquidated,” or disputed,”) or a supplement to
the Schedules (as defined herein) as the deadline by which claimants holding claims affected by such
filing, amendment, or supplement must file Proofs of Claim with respect to such claim (the “Amended
Schedules Bar Date”); and
iv. the later of (i) the General Bar Date or the Governmental Bar Date, as applicable, and (ii) 5:00
p.m. (Prevailing Eastern Time) on the date that is thirty (30) days following service the date an
applicable claimant is served of an order approving rejection of any executory contract or
unexpired lease of the Debtors as the deadline by which claimants asserting claims resulting from the
Debtors’ rejection of an executory contract or unexpired lease must file Proofs of Claim for damages
arising from such rejection51 (the “Rejection Damages Bar Date,” and, collectively with the General
Bar Date, the Governmental Bar Date, and the Amended Schedules Bar Date, the “Bar Dates”).
You may be a creditor of one or more of the debtors.
If you have any questions relating to this Notice, please feel free to contact Omni Agent
Solutions (“Omni”) at (866) 956-2138 (toll free) or (747) 226-5953 (international) or by e-mail at
KServicingInquiries@OmniAgnt.com.
NOTE: The staff of the Bankruptcy Clerk’s Office, the Office of the United States Trustee, and the Debtors’ Claims
and Noticing Agent cannot give legal advice.
INSTRUCTIONS:
1. WHO MUST FILE A PROOF OF CLAIM
Except as otherwise set forth herein, the following entities holding claims against the Debtors arising prior
to the Petition Date are required to file Proofs of Claim on or before the applicable Bar Date:
a. any person or entity whose claim against a Debtor is not listed in the applicable Debtor’s
Schedules or is listed as “contingent,” “unliquidated,” or “disputed,” if such entity desires
to participate in any of these Chapter 11 Cases or share in any distribution in any of these
Chapter 11 Cases;

51
Provided that notwithstanding the foregoing, a party to an executory contract or unexpired lease that has not been
rejected by the Debtors by the date of entry of the Bar Date Order who asserts a claim on account of unpaid amounts
accrued and outstanding as of the Petition Date pursuant to such executory contract or unexpired lease (other than
a rejection damages claim) must file a Proof of Claim for such amounts on or before the applicable Bar Date, unless
an exception identified in this Motion or the Proposed Order applies.

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b. any person or entity that believes that its claim is improperly classified in the Schedules or
is listed in an incorrect amount and that desires to have its claim allowed in a different
classification or amount other than that identified in the Schedules; and
c. any person or entity that believes that any prepetition claim as listed in the Schedules is not
an obligation of the specific Debtor against which the claim is listed and that desires to
have its claim allowed against a Debtor other than the Debtor identified in the Schedules.
Pursuant to section 101(5) of the Bankruptcy Code and as used in this Notice, the word “claim” means (i) a
right to payment, whether or not such right is reduced to judgment, liquidated, unliquidated, fixed, contingent,
matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured; or (ii) a right to an equitable remedy
for breach of performance if such breach gives rise to a right to payment, whether or not such right to an equitable
remedy is reduced to judgment, fixed, contingent, matured, unmatured, disputed, undisputed, secured, or unsecured.
Further, claims include unsecured claims, secured claims, and priority claims.
Pursuant to section 101(15) of the Bankruptcy Code and as used in this Notice, the term “entity” has the
meaning given to it in section 101(15) of the Bankruptcy Code, and includes all persons, estates, trusts, and
governmental units. In addition, the terms “persons” and “governmental units” are defined in sections 101(41) and
101(27) of the Bankruptcy Code, respectively.
2. WHO NEED NOT FILE A PROOF OF CLAIM
The persons or entities (including, without limitation, individuals, partnerships, corporations, joint ventures,
trusts, or Governmental Units) who hold the following claims are not required to file a Proof of Claim on or before
the applicable Bar Date, solely with respect to the claims described below:
a. any claim listed on the Schedules filed by the Debtors; provided, that and (i) the claim is
not listed on the Schedules as “disputed,” “contingent,” or “unliquidated,” (ii) the person
or entity does not dispute agrees with the amount, nature, and priority of the claim as set
forth in the Schedules, and (iii) the person or entity does not dispute agrees that the claim
is an obligation of the specific Debtor against which the claim is listed in the Schedules;
b. any claim as to which the holder already has filed a signed Proof of Claim with Omni
against the respective Debtor(s) with respect to the claim being asserted, utilizing the Proof
of Claim Form or the Official Bankruptcy Form No. 410 (the “Official Form 410”), and
has otherwise complied with the Procedures;
c. an administrative expense allowable under section 503(b) and 507(a)(2) of the Bankruptcy
Code as an expense of administration (but not, for the avoidance of doubt, claims asserting
priority pursuant to section 503(b)(9)2 of the Bankruptcy Code);
d. any claim that has been allowed by order of this Court entered on or before the applicable
Bar Date;
e. any claim that has been paid in full or will be paid in full in accordance with the Bankruptcy
Code or an order of this Court;
f. any claim for which a separate deadline has been fixed by an order of this Court entered
on or before the applicable Bar Date;
g. any equity interest in the Debtors, which interest exclusively is based upon the ownership
of common or preferred stock, membership interests, partnership interests, or warrants,
options, or rights to purchase, sell, or subscribe to such a security or interest; provided, that
if any such holder asserts a claim (as opposed to an ownership interest) against the Debtors
(including a claim relating to an equity interest or the purchase or sale of such equity

2
A claim arising under Bankruptcy Code section 503(b)(9) is a claim arising from the value of any goods received
by the Debtors within twenty (20) days before the Petition Date, provided that the goods were sold to the Debtors
in the ordinary course of the Debtors’ business.

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interest), a Proof of Claim must be filed on or before the applicable Bar Date pursuant to
the Procedures set forth herein;
h. a claim held by a current employee of the Debtors, if an order of the Court authorized the
Debtors to honor such claim in the ordinary course of business for wages, commissions, or
benefits; provided, that a current employee must submit a Proof of Claim by the applicable
Bar Date for all other claims arising before the Petition Date, including, but not limited to,
claims with respect to the Debtors’ non-qualified deferred compensation plan or for
wrongful termination, discrimination, harassment, hostile work environment, and/or
retaliation;
i. any claim based on indemnification, contribution, or reimbursement of a current officer,
director, or employee of any of the Debtors; and
j. any claim held by a Debtor or non-Debtor subsidiary or affiliate against another Debtor.
The fact that you have received this notice does not mean that you have claim or that the Debtors or
the Court believe that you have a claim against the Debtors. You should not file a Proof of Claim if you do not
have a claim against any of the Debtors.
3. INSTRUCTIONS FOR FILING PROOFS OF CLAIM
Except as otherwise set forth herein, each entity that asserts a claim against the Debtors that arose
before the Petition Date MUST file a Proof of Claim.
The following procedures with respect to preparing and filing of Proofs of Claim will apply:
a. Proofs of Claim must conform substantially to either (i) the Proof of Claim Form or (ii) the
Official Form 410;63
b. Proofs of Claim must be filed (i) electronically through the Omni’s Proof of Claim website
for these cases at https://omniagentsolutions.com/kservicing
https://cases.omniagentsolutions.com/claim?clientid=3641 by following instructions for
filing proofs of claim electronically; or (ii) by transmitting transmitted with the original
proof of claim by hand delivery, U.S. Postal Service mail, or overnight delivery to Omni’s
Claims Processing Center for the Debtors at Kabbage, Inc. d/b/a KServicing, et al. Claims
Processing, c/o Omni Agent Solutions, 5955 De Soto Ave., Suite 100, Woodland Hills, CA
91367.
c. Proofs of Claim will be deemed filed only when received by the Omni on or before the
applicable Bar Date;
d. Proofs of Claim must (i) be signed by the claimant or, if the claimant is not an individual,
by an authorized agent of the claimant under penalty of perjury; (ii) include supporting
documentation (if voluminous, attach a summary) or an explanation as to why
documentation is not available; (iii) be in the English language and (iv) be denominated in
United States currency;
e. Proofs of Claim must specify by name and case number the Debtor against which the claim
is filed. If the holder asserts a claim against more than one Debtor or has claims against
different Debtors, a separate Proof of Claim form must be filed with respect to each Debtor.
If the holder lists multiple Debtors on the Proof of Claim, then the Debtors will treat such
claim as if it is filed against the first listed Debtor. If the holder files a Proof of Claim
without identifying a Debtor, such Proof of Claim will be deemed as filed only against
Kabbage, Inc. d/b/a KServicing;

63
The Official Form 410 can be found at www.uscourts.gov/forms/bankruptcy-forms, the official website for the
United States Bankruptcy Courts. The Proof of Claim Form can be found at
https://omniagentsolutions.com/kservicing, the website established by Omni for the Debtors’ chapter 11 cases.

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f. Proofs of Claim sent by facsimile, telecopy, or electronic mail transmission will not be
accepted.

4. CONSEQUENCES OF FAILURE TO TIMELY FILE A PROOF OF CLAIM BY THE
APPLICABLE BAR DATE
Pursuant to the Bar Date Order and Bankruptcy Rule 3003(c)(2), any holder of a claim who is
required to timely file a Proof of Claim on or before the applicable Bar Date as provided herein, but fails to do
so , unless ordered otherwise by the Court, shall not be treated as a creditor with respect to such claim for the
purposes of voting and distribution in these Chapter 11 Cases on account of such claim.

5. THE DEBTORS’ SCHEDULES, ACCESS THERETO, AND CONSEQUENCES OF AMENDMENT
THEREOF
You may be listed as the holder of a claim against the Debtors in the Debtors’ Schedules of Assets
and Liabilities (collectively, the “Schedules”). To determine if and how you are listed in the Schedules, please refer
to the descriptions set forth on the enclosed Proof of Claim Form regarding the nature, amount, and status of your
claim(s). If the enclosed Proof of Claim Form is blank, you are not identified in the Schedules as having a claim
against the Debtors. If you believe that any information reflected in the Proof of Claim Form is incorrect or if the
Proof of Claim Form includes information that you do not agree with, you may cross out such information and write
in what you believe to be the correct information. If you received postpetition payments from the Debtors (as
authorized by the Court) on account of your claim, the enclosed Proof of Claim Form will reflect the net amount of
your claims. If the Debtors believe that you hold claims against more than one Debtor, you will receive multiple Proof
of Claim Forms, each of which will reflect the nature and amount of your claim against each Debtor, as listed in the
Schedules.
As set forth above, if you agree with the nature, amount, and status of your claim as listed in the
Debtors’ Schedules and if your claim is not listed in the Schedules as “disputed,” “contingent,” or “unliquidated,” you
need not file a Proof of Claim. Otherwise, or if you decide to file a Proof of Claim, you must do so before the Bar
Date in accordance with the procedures set forth in this Notice.
Copies of the Schedules may be examined by interested parties on the Court’s electronic docket for
the Debtors’ Chapter 11 Cases, which is posted (i) on the website established by Omni for the Debtors’ cases at
https://omniagentsolutions.com/kservicing and (ii) on the Court’s website at www.deb.uscourts.gov. (A login and
password to the Court’s Public Access to Electronic Court Records (“PACER”) are required to access the information
on the Court’s website and can be obtained through the PACER Service Center at www.pacer.psc.uscourts.gov).
Copies of the Schedules also may be examined between the hours of 8:00 a.m. and 5:00 p.m. (Prevailing Eastern
Time) Monday through Friday at the Office of the Clerk of the Bankruptcy Court, 824 North Market Street, 3rd Floor,
Wilmington, DE 19801. Copies of the Debtors’ Schedules also may be obtained by written request to the Debtors’
claims agent, Omni, at the address and telephone number set forth below:
Kabbage, Inc. d/b/a KServicing, et al. Claims Processing
c/o Omni Agent Solutions
5955 De Soto Ave., Suite 100
Woodland Hills, CA 91367
(866) 956-2138 (toll free)
(747) 226-5953 (international)
In the event that the Debtors amend or supplement their Schedules subsequent to date of entry of
the Bar Date Order, the Debtors shall give notice of any amendment or supplement to the holders of claims affected
by such amendment or supplement within fourteen (14) days after filing such amendment or supplement, and such
holders must file a Proof of Claim by the later of (a) the General Bar Date or the Governmental Bar Date, as
applicable, and (b) 5:00 p.m. (Prevailing Eastern Time) on the date that is thirty (30) days from following the
date on which the Debtors provide serve an applicable claimant with notice of a previously unfiled Schedule or

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an amendment or supplement to the Schedules, , and such deadline shall be contained in any notice of such
amendment or supplement of the Schedules provided to the holders of claims affected thereby.
6. RESERVATION OF RIGHTS
Nothing contained in this Notice is intended to or should be construed as a waiver of the Debtors’
right to: (a) dispute, or assert offsets or defenses against, any filed claim or any claim listed or reflected in the
Schedules as to the nature, amount, liability, or classification thereof; (b) subsequently designate any scheduled claim
as disputed, contingent, or unliquidated; and (c) otherwise amend or supplement the Schedules.
If you require additional information regarding the filing of a proof of claim, you may contact the Debtors’
Claims and Noticing Agent directly at: Kabbage, Inc. d/b/a KServicing, et al. c/o Omni Agent Solutions, 5955
De Soto Ave., Suite 100, Woodland Hills, CA 91367; Telephone: (866) 956-2138 (toll free) or (747) 226-5953
(international); or by e-mail at KServicingInquiries@omniagnt.com.

A holder of a possible claim against the Debtors should consult an attorney if such holder has any questions
regarding this Notice, including whether the holder should file a Proof of Claim.

Dated: Wilmington, Delaware BY ORDER OF THE COURT
____________, 2022

Ray C. Schrock, P.C. Daniel J. DeFranceschi
Candace M. Arthur Amanda R. Steele
Natasha S. Hwangpo Zachary I. Shapiro
Chase A. Bentley Matthew P. Milana
WEIL, GOTSHAL & MANGES LLP RICHARDS, LAYTON & FINGER, PA
767 Fifth Avenue One Rodney Square
New York, New York 10153 920 N. King Street
Telephone: (212) 310-8000 Wilmington, Delaware 19801
Facsimile: (212) 310-8007 Telephone: (302) 651-7700
Facsimile: (302) 651-7701

PROPOSED ATTORNEYS FOR DEBTORS AND DEBTORS IN POSSESSION

Exhibit 3

Borrower Notice

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KABBAGE, INC. D/B/A KSERVICING Kabbage, Inc., d/b/a KServicing925B Peachtree Street
No. 22-10951 (CTG) (Bankr. D. Del. 2022)
IMPORTANT LEGAL NOTICE NE, Suite 383
Read this Notice carefully. Your rights may be Atlanta, GA 30309
affected.
Kabbage, Inc. d/b/a/ KServicing and certain of its
affiliates (“Debtors”) filed bankruptcy cases in the U.S.
Bankruptcy Court for the District of Delaware
(“Court”). You have been identified as a current or
former borrower of the Debtors. This notice sets forth
the deadline for asserting claims against the Debtors
and other information.
If you wish to assert a claim, you must file a proof of [GIVEN NAME] [MIDDLE INITIAL] [SURNAME/
claim in accordance with deadlines and instructions
on this notice. If you fail to do so, your claim may be FIRM NAME] [SURNAME SUFFIX]
forever barred and you may receive no recovery on [ADDRESS FIELDS FROM NCOA/CASS] - including country
account thereof.
For more information, call (866) 956-2138 (toll free) or
(747) 226-5953 (international), visit
https://omniagentsolutions.com/kservicing (“Case
Website”), or email
KServicingInquiries@OmniAgnt.com. For legal advice,
you should contact an attorney.

Commencement. On October 3, 2022 (“Petition Date”), the Debtors each filed a petition for relief under chapter 11 of title 11
of the United States Code (the “Bankruptcy Code”) in the Court.

Deadline for Filing Proofs of Claim. On [●], the Court entered an order [Docket No. [●]] establishing November 28, 2022, at
5:00 p.m. (Prevailing Eastern Time) (the “General Bar Date”) as the deadline for each person or entity to file a proof of claim
(each, a “Proof of Claim”) in respect of a prepetition claim (as defined in section 101(5) of the Bankruptcy Code), in respect
of a prepetition claim against of the Debtors, including, for the avoidance of doubt, secured claims, unsecured priority
claims, unsecured non-priority claims, and claims arising under section 503(b)(9) of the Bankruptcy Code. If you believe you
have a claim against the Debtors, you must file a Proof of Claim, even if you are included in a class action lawsuit or other
representative action filed against the Debtors. Information about how to file a Proof of Claim, including the ability to file such
claim electronically, is available on the Case Website. If you fail to file a Proof of Claim before the General Bar Date, you may
not receive any distribution in these chapter 11 cases on account of such claim.

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Exhibit 2 — In re KServicing Wind Down Corp., et al. (f/k/a Kabbage, Inc. d/b/a KServicing) (Dkt. 160.2)

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