Pandemic Darlings The pandemic economy, in original documents
Home Court filings Kservicing Bankruptcy Notice of Hearing //Notice of (A) Entry of… — In re KServicing Wind Down Corp., et al.…

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.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

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.




                                                 2
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


File and source

File
gov.uscourts.deb.188293.82.0.pdf
Size
189,820 bytes
SHA-256
105d749403134e0a4f67553516764c8b381e11cf6e737300b42dbe28cd6a60ac
Our copy
gov.uscourts.deb.188293.82.0.pdf
Original
archive.org
Back to top