Court filing
Certification of Counsel Regarding Revised… — In re KServicing Wind Down Corp., et al. (f/k/a Kabbage, Inc.… (Dkt. 171)
Summary
A certification of counsel regarding a revised proposed order authorizing the retention of Richards, Layton & Finger, P.A. as co-counsel to the debtors, filed October 27, 2022 as Doc 171 in In re Kabbage, Inc. d/b/a KServicing, et al., Case No. 22-10951 (CTG), the jointly administered Chapter 11 cases in the District of Delaware. It certifies that the debtors filed the retention application on October 4, 2022 [Docket No. 46] and that the objection deadline under the notice of hearing [Docket No. 51] was October 19, 2022. It states that the Office of the United States Trustee provided informal comments before that deadline, and that a supplemental declaration by the firm was filed the same day [Docket No. 170]. A revised order is attached as Exhibit 1 and a redline as Exhibit 2; the filing states that the U.S. Trustee and the Federal Reserve Bank of San Francisco do not object.
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No. 22-10951 · Doc. 171 · Docket on CourtListener
Full text
Case 22-10951-CTG Doc 171 Filed 10/27/22 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. 46, 51 & 170
------------------------------------------------------------ x
CERTIFICATION OF COUNSEL REGARDING REVISED PROPOSED
ORDER AUTHORIZING RETENTION AND EMPLOYMENT OF
RICHARDS, LAYTON & FINGER, P.A. AS CO-COUNSEL TO
THE DEBTORS EFFECTIVE AS OF 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 to Retain and Employ Richards,
Layton & Finger, P.A. as Co-Counsel to the Debtors Effective as of Petition Date [Docket No. 46]
(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 A (the “Proposed Order”).
2. Pursuant to the Notice of Application and Hearing [Docket No. 51],
objections or responses to the relief requested in the Application, if any, must be made in writing
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 171 Filed 10/27/22 Page 2 of 3
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. On October 27, 2022, Richards, Layton & Finger, P.A. filed the
Supplemental Declaration of Daniel J. DeFranceschi in Support of 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. 170] (the “Supplemental Declaration”).
5. To resolve the Comments, the Debtors have prepared a revised form of
Proposed Order (the “Revised Order”), attached hereto as Exhibit 1. Additionally, the filing of
the Supplemental Declaration further resolves the Comments. 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 171 Filed 10/27/22 Page 3 of 3
WHEREFORE the Debtors respectfully request that the Revised Order be entered
at the earliest convenience of the Court.
Dated: October 27, 2022
Wilmington, Delaware
/s/ Zachary I. Shapiro
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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