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Notice of Hearing //Notice of (A) Entry of… — In re KServicing Wind Down Corp., et al. (f/k/a Kabbage, Inc.… (Dkt. 79)

Summary

A notice filed October 6, 2022 as Doc 79 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. It gives notice that, following an initial hearing on October 6, 2022, the court entered an interim order authorizing the debtors to pay certain prepetition taxes and assessments and granting related relief. The underlying motion, filed October 3, 2022 at Docket No. 9, is attached as Exhibit A, and the interim order, at Docket No. 70, as Exhibit B. The notice sets an objection deadline of October 19, 2022 at 4:00 p.m. prevailing Eastern Time for the final relief and a final hearing on October 26, 2022 at 10:30 a.m. before the Honorable Craig T. Goldblatt. It states that if no objections are timely filed the court may grant the final relief without further notice or hearing.

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No. 22-10951 · Doc. 79 · Docket on CourtListener

Full text

                   Case 22-10951-CTG              Doc 79       Filed 10/06/22        Page 1 of 3




                          IN THE UNITED STATES BANKRUPTCY COURT
                               FOR THE 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)
                                                             :
                                                             :         Obj. Deadline: October 19, 2022 at 4:00 p.m. (ET)
                                                             :         Hearing Date: October 26, 2022 at 10:30 a.m. (ET)
                                                             :         Re: Docket Nos. 9 & 70
------------------------------------------------------------ x

        NOTICE OF (A) ENTRY OF INTERIM ORDER (I) AUTHORIZING DEBTORS
          (A) TO PAY CERTAIN PREPETITION TAXES AND ASSESSMENTS AND
         (B) GRANTING RELATED RELIEF; AND (B) FINAL HEARING THEREON

                    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 (A) to Pay Certain Prepetition Taxes and Assessments and

(B) Granting Related Relief [Docket No. 9] (the “Motion”) with the United States Bankruptcy

Court for the District of Delaware (the “Court”). A copy of the Motion is attached hereto as

Exhibit A.

                    PLEASE TAKE FURTHER NOTICE that, following an initial hearing to consider

the Motion on October 6, 2022, the Court entered the Interim Order (I) Authorizing Debtors (A) to




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.


RLF1 28027950v.1
                   Case 22-10951-CTG     Doc 79      Filed 10/06/22    Page 2 of 3




Pay Certain Prepetition Taxes and Assessments and (B) Granting Related Relief [Docket No. 70]

(the “Interim Order”). A copy of the Interim Order is attached hereto as Exhibit B.

                   PLEASE TAKE FURTHER NOTICE that, pursuant to the Interim Order,

objections or responses to the final relief requested in the Motion, if any, must be made in writing

and filed with the Court on or before October 19, 2022 at 4:00 p.m. (prevailing Eastern Time).

                   PLEASE TAKE FURTHER NOTICE that, pursuant to the Interim Order, the final

hearing with respect to the Motion, if required, will be held before The Honorable Craig T.

Goldblatt at the Court, 824 North Market Street, 3rd Floor, Courtroom 7, Wilmington, Delaware

19801 on October 26, 2022 at 10:30 a.m. (prevailing Eastern Time).

                   PLEASE TAKE FURTHER NOTICE THAT, IF NO OBJECTIONS TO THE

MOTION ARE TIMELY FILED, SERVED AND RECEIVED IN ACCORDANCE WITH

THIS NOTICE, THE COURT MAY GRANT THE FINAL RELIEF REQUESTED IN THE

MOTION WITHOUT FURTHER NOTICE OR HEARING.




                                                 2
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                   Case 22-10951-CTG   Doc 79      Filed 10/06/22   Page 3 of 3




 Dated: October 6, 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




                                               3
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