Court filing
Notice of Agenda of Matters Scheduled for… — In re KServicing Wind Down Corp., et al. (f/k/a Kabbage, Inc.… (Dkt. 41)
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A notice of the filing of bankruptcy petitions and agenda for the first day hearing in In re Kabbage, Inc. d/b/a KServicing, et al., Case No. 22-10951 (CTG), in the U.S. Bankruptcy Court for the District of Delaware, filed October 4, 2022 as Doc 41. It states the debtors filed voluntary chapter 11 petitions on October 3, 2022 and lists the six debtor entities. The agenda lists the first day declaration and first day motions on joint administration, cash management, prepetition taxes, wages, utilities, insurance, servicing activities and the appointment of Omni Agent Solutions, Inc. as claims and noticing agent, each with its docket number. It schedules the hearing by Zoom for October 6, 2022 at 9:30 a.m. before Judge Craig T. Goldblatt. Richards, Layton & Finger, P.A. and Weil, Gotshal & Manges LLP sign as proposed attorneys for the debtors.
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No. 22-10951 · Doc. 41 · Docket on CourtListener
Full text
Case 22-10951-CTG Doc 41 Filed 10/04/22 Page 1 of 4
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
: (Joint Administration Requested)
------------------------------------------------------------ x
NOTICE OF (I) FILING OF BANKRUPTCY PETITIONS AND RELATED
DOCUMENTS AND (II) AGENDA FOR HEARING ON FIRST DAY MOTIONS
SCHEDULED FOR OCTOBER 6, 2022 AT 9:30 A.M. (EASTERN TIME), BEFORE THE
HONORABLE CRAIG T. GOLDBLATT, AT THE UNITED STATES BANKRUPTCY
COURT FOR THE DISTRICT OF DELAWARE 2
THE REMOTE HEARING WILL BE CONDUCTED ENTIRELY BY ZOOM
AND REQUIRES ALL PARTICIPANTS TO REGISTER IN ADVANCE.
COURTCALL WILL NOT BE USED TO DIAL IN.
PLEASE USE THE FOLLOWING LINK TO REGISTER FOR THE HEARING:
https://debuscourts.zoomgov.com/meeting/register/vJIscOmqrjopEgowpay0iWsy3su4azEcW3A
PLEASE REGISTER NO LATER THAN OCTOBER 5, 2022 AT 4:00 P.M. (ET)
ONCE REGISTERED, PARTIES WILL RECEIVE A CONFIRMATION EMAIL
CONTAINING PERSONAL LOG-IN INFORMATION FOR THE HEARING.
PLEASE TAKE NOTICE that on October 3, 2022, the above-captioned debtors and
debtors in possession (collectively, the “Debtors”) filed the following voluntary petitions
(collectively, the “Petitions”) for relief under chapter 11 of title 11 of the United States Code, 11
U.S.C. §§ 101-1532:
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
All motions and other pleadings referenced herein are available online at the following address:
https://omniagentsolutions.com/kservicing.
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Case 22-10951-CTG Doc 41 Filed 10/04/22 Page 2 of 4
A. Voluntary Petitions:
1. Kabbage, Inc. d/b/a KServicing
2. Kabbage Canada Holdings, LLC
3. Kabbage Asset Securitization LLC
4. Kabbage Asset Funding 2017-A LLC
5. Kabbage Asset Funding 2019-A LLC
6. Kabbage Diameter, LLC
PLEASE TAKE FURTHER NOTICE that in addition to filing the Petitions, the
Debtors filed the following first day motions and related documents (collectively, the “First
Day Motions”):
B. First Day Declaration:
7. Declaration of Deborah Rieger-Paganis in Support of the Chapter 11 Petitions
and First-Day Pleadings [Docket No. 13 – filed October 4, 2022]
C. First Day Motions:
8. Motion of Debtors Pursuant for Entry of Order Directing Joint Administration
of Related Chapter 11 Cases [Docket No. 3 – filed October 3, 2022]
9. Motion of Debtors for Entry of Interim and Final Orders (I) Authorizing
Debtors to (A) Continue Using Existing Cash Management System, Bank
Accounts, and Business Forms, (B) Implement Changes to Cash Management
in the Ordinary Course of Business; and (II) Granting Related Relief [Docket
No. 12 – filed October 3, 2022]
10. Motion of Debtors for Entry of Interim and Final Orders Establishing
Notification Procedures and Approving Restrictions on Certain Transfers of
Interests in the Debtors [Docket No. 6 – filed October 3, 2022]
11. 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]
12. 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]
2
RLF1 27989032v.1
Case 22-10951-CTG Doc 41 Filed 10/04/22 Page 3 of 4
13. 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]
14. 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]
15. 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]
16. Application of Debtors Pursuant to 11 U.S.C. § 105(a) and 28 U.S.C. § 156(c)
for Appointment of Omni Agent Solutions, Inc. as Claims and Noticing Agent
Effective as of the Petition Date [Docket No. 4 – filed October 3, 2022]
17. Motion of Debtors for Entry of an Order (I) Authorizing the Debtors to
(A) File and Maintain Consolidated Creditor Lists, and (B) Redact Certain
Personal Identification Information for Individuals, (II) Approving Special
Electronic Noticing Procedures, and (III) Granting Related Relief [Docket
No. 5 – filed October 3, 2022]
PLEASE TAKE FURTHER NOTICE that a hearing with respect to the First Day
Motions is scheduled for October 6, 2022 at 9:30 a.m. (Eastern Time) before The Honorable
Craig T. Goldblatt, United States Bankruptcy Judge for the District of Delaware (the “First Day
Hearing”). Parties who wish to participate in the First Day Hearing may do so by joining the
Zoom hearing at the below link:
https://debuscourts.zoomgov.com/meeting/register/vJIscOmqrjopEgowpay0iWsy3su4azEcW3A.
PLEASE TAKE FURTHER NOTICE that objections, if any, to the First Day
Motions may be made at the First Day Hearing.
[Remainder of page intentionally left blank]
3
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Case 22-10951-CTG Doc 41 Filed 10/04/22 Page 4 of 4
Dated: October 4, 2022
Wilmington, Delaware
/s/ Matthew P. Milana
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
4
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