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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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