Court filing
Notice of Hearing //Notice of (A) Entry of… — In re KServicing Wind Down Corp., et al. (f/k/a Kabbage, Inc.… (Dkt. 82)
Summary
A notice of entry of an interim order and of a final hearing, filed October 6, 2022 as Doc 82 in the jointly administered Chapter 11 cases of Kabbage, Inc. d/b/a KServicing, et al., No. 22-10951 (CTG), in the United States Bankruptcy Court for the District of Delaware. It states that on October 3, 2022 the Debtors filed a motion approving their proposed form of adequate assurance of payment to utility providers, setting procedures for resolving utility objections and barring utility providers from altering, refusing or discontinuing service. It states that after an initial hearing on October 6, 2022 the court entered the interim order, and attaches the motion as Exhibit A and the order as Exhibit B. Objections to the final relief are due October 19, 2022 at 4:00 p.m., and the final hearing, if required, is set for October 26, 2022 at 10:30 a.m. before the Honorable Craig T. Goldblatt.
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No. 22-10951 · Doc. 82 · Docket on CourtListener
Full text
Case 22-10951-CTG Doc 82 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. 8 & 74
------------------------------------------------------------ x
NOTICE OF (A) ENTRY OF INTERIM ORDER (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; 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) 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] (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.
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 28049498v.1
Case 22-10951-CTG Doc 82 Filed 10/06/22 Page 2 of 3
PLEASE TAKE FURTHER NOTICE that, following an initial hearing to consider
the Motion on October 6, 2022, the Court entered the Interim Order (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. 74]
(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.
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RLF1 28049498v.1
Case 22-10951-CTG Doc 82 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
RLF1 28049498v.1
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