Court filing
Exhibit(s) (Notice of Filing of Proposed… — In re KServicing Wind Down Corp., et al. (f/k/a Kabbage, Inc.… (Dkt. 62)
Summary
A notice filed October 5, 2022 as Doc. 62 in In re Kabbage, Inc. d/b/a KServicing, et al., Case No. 22-10951 (CTG), jointly administered Chapter 11 cases in the U.S. Bankruptcy Court for the District of Delaware. The debtors give notice of a proposed revised interim order authorizing them to continue using their existing cash management system, bank accounts and business forms and to implement changes to cash management in the ordinary course of business. The notice states that the Cash Management Motion was filed October 3, 2022 as Docket No. 12 and that a hearing on first day relief is scheduled for October 6, 2022. It attaches the Revised Interim Order as Exhibit 1 and a blackline comparison against the original proposed order as Exhibit 2. The three-page notice is signed by Richards, Layton & Finger, P.A. and Weil, Gotshal & Manges LLP as proposed attorneys for the debtors.
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No. 22-10951 · Doc. 62 · Docket on CourtListener
Full text
Case 22-10951-CTG Doc 62 Filed 10/05/22 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)
:
:
1
Debtors. : (Jointly Administered)
:
: Ref. Docket No. 12
------------------------------------------------------------ x
NOTICE OF FILING OF PROPOSED REVISED INTERIM ORDER
(I) AUTHORIZING (A) DEBTORS TO 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
PLEASE TAKE NOTICE that, on October 3, 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 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] (the “Cash Management
Motion”) with the United States Bankruptcy Court for the District of Delaware (the “Court”).
Attached to the Cash Management Motion as Exhibit A was a proposed form of order granting the
relief sought therein on an interim basis (the “Proposed Interim Order”).
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 62 Filed 10/05/22 Page 2 of 3
PLEASE TAKE FURTHER NOTICE that a hearing is scheduled on October 6,
2022 (the “Hearing”), to consider the Debtors’ requests for “first day” relief, including, among
other motions, the Cash Management Motion.
PLEASE TAKE FURTHER NOTICE that the Debtors hereby file a revised
Proposed Interim Order attached hereto as Exhibit 1 (the “Revised Interim Order”) to be
presented to the Court at the Hearing. For the convenience of the Court and all parties in interest,
a blackline comparison of the Proposed Interim Order marked against the Revised Interim Order
is attached hereto as Exhibit 2.
[Remainder of page intentionally left blank]
2
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Case 22-10951-CTG Doc 62 Filed 10/05/22 Page 3 of 3
Dated: October 5, 2022
Wilmington, Delaware
/s/ Matthew P. Milana
RICHARDS, LAYTON & FINGER, P.A.
Daniel J. DeFranceschi (No. 2732)
Amanda R. Steele (No. 5530)
Zachary I. Shapiro (No. 5103)
Matthew P. Milana (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
milania@rlf.com
-and-
WEIL, GOTSHAL & MANGES LLP
Ray C. Schrock, P.C. (admitted pro hac vice)
Candace M. Arthur (admitted pro hac vice)
Natasha S. Hwangpo (admitted pro hac vice)
Chase A. Bentley (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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