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Declaration of David B. Kurzweil of Greenberg… — In re KServicing Wind Down Corp., et al. (f/k/a Kabbage,… (Dkt. 177)
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A Supplemental Declaration of David B. Kurzweil of Greenberg Traurig, LLP, filed November 1, 2022 as Doc 177 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. Made under 28 U.S.C. § 1746, it states that the declarant is a shareholder at the firm and supplements his original declaration dated October 14, 2022, which was Exhibit A to the debtors' application at Docket No. 107 to employ and retain the firm as special counsel to the board of directors of Kabbage, Inc. d/b/a KServicing. It attaches Schedule 2-A disclosing further information about the firm's representation of potentially interested parties in matters unrelated to the Chapter 11 cases. It states that the firm holds no interest adverse to the debtors' estates as required by section 327(e) of the Bankruptcy Code.
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No. 22-10951 · Doc. 177 · Docket on CourtListener
Full text
Case 22-10951-CTG Doc 177 Filed 11/01/22 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. 107
----------------------------------------------------------- x
SUPPLEMENTAL DECLARATION OF
DAVID B. KURZWEIL OF GREENBERG TRAURIG, LLP
Pursuant to 28 U.S.C. § 1746, I, David B. Kurzweil, state under penalty of perjury, that:
1. I am a shareholder at the law firm of Greenberg Traurig, LLP
(“Greenberg Traurig”), which maintains offices throughout the world, including the office in
which I am resident, located at Terminus 200, 3333 Piedmont Road, NE, Suite 2500, Atlanta,
Georgia 30305.
2. Except as otherwise noted, I have personal knowledge of the matters set
forth herein and, if called as a witness, would testify competently thereto.
3. I submit this supplemental declaration in the cases of the above-captioned
debtors (collectively, the “Debtors”) to supplement the disclosures set forth in my original
declaration dated October 14, 2022 (the “Original Declaration”) 2, incorporated as Exhibit A to
the Application of Debtors for Authority to Employ and Retain Greenberg Traurig, LLC as Special
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 herein shall have meanings ascribed to them in the Original Declaration.
RLF1 28178508v.1
Case 22-10951-CTG Doc 177 Filed 11/01/22 Page 2 of 3
Counsel to the Board of Directors of Kabbage, Inc. d/b/a KServicing Effective as of the Petition
Date dated October 14, 2022 [Docket No. 107] (the “Retention Application”).
4. The Original Declaration states, in Attachment 2, that Greenberg Traurig
may currently represent or within the last two years may have represented certain Potentially
Interested Parties or persons or entities that may be related to or affiliated with the Potentially
Interested Parties in matters unrelated to the Debtors and their Chapter 11 Cases.
5. The Original Declaration is hereby supplemented by the attached
Schedule 2-A which discloses certain additional information with respect to Greenberg Traurig’s
representation of certain Potentially Interested Parties or persons or entities that may be related to
or affiliated with the Potentially Interested Parties in matters unrelated to the Debtors and their
Chapter 11 Cases.
6. Based on the foregoing and except as otherwise set forth herein and in the
Original Declaration, neither I, Greenberg Traurig, nor any shareholders, of counsel, or associate
thereof, insofar as I have been able to ascertain based on the information currently available to me,
represents any interest adverse to the Debtors’ estates with respect to the matters for which
Greenberg Traurig is to be employed, as required by section 327(e) of the Bankruptcy Code.
Greenberg Traurig continues to reserve the right to supplement its disclosures in the event that
Greenberg Traurig learns of any additional connections that require disclosure. If any new,
material, relevant facts or relationships are discovered or arise, Greenberg Traurig will promptly
file a supplemental declaration pursuant to Bankruptcy Rule 2014(a).
RLF1 28178508v.1
Case 22-10951-CTG Doc 177 Filed 11/01/22 Page 3 of 3
Pursuant to 28 U.S.C. § 1746, I declare under penalty of perjury that the foregoing is true
and correct to the best of my knowledge and belief.
Dated: November 1, 2022 /s/ David B. Kurzweil
David B. Kurzweil
Shareholder
RLF1 28178508v.1
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