Court filing
Notice of Hearing //Notice of (A) Entry of… — In re KServicing Wind Down Corp., et al. (f/k/a Kabbage, Inc.… (Dkt. 84)
Summary
A notice filed October 6, 2022 in the jointly administered Chapter 11 cases of Kabbage, Inc. d/b/a KServicing, et al., Case No. 22-10951 (CTG), in the U.S. Bankruptcy Court for the District of Delaware, docketed as Doc 84. It reports the entry of an interim order authorizing the debtors to keep using their existing cash management system, bank accounts and business forms and to implement changes to cash management in the ordinary course of business. It recounts that the debtors filed the underlying motion on October 3, 2022 as Docket No. 12, that the court entered an emergency bridge order on October 4, 2022, and that the interim order followed an initial hearing on October 6, 2022. Objections are due by October 31, 2022, and a final hearing, if required, is set for November 7, 2022 before Judge Craig T. Goldblatt. The notice attaches the motion and both orders as Exhibits A, B and C.
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No. 22-10951 · Doc. 84 · Docket on CourtListener
Full text
Case 22-10951-CTG Doc 84 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 31, 2022 at 4:00 p.m. (ET)
: Hearing Date: November 7, 2022 at 1:00 p.m. (ET)
: Re: Docket Nos. 12, 43 & 78
------------------------------------------------------------ x
NOTICE OF (A) ENTRY OF 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; 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 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 “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.
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Case 22-10951-CTG Doc 84 Filed 10/06/22 Page 2 of 3
PLEASE TAKE NOTICE that, on October 4, 2022, the Court entered the
Emergency Bridge Order Authorizing Debtors’ Postpetition Use of Cash Management System on
an Interim Basis Pending a Further Hearing [Docket No. 43] (the “Emergency Bridge Order”).
A copy of the Emergency Bridge Order is attached hereto as Exhibit B.
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 (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 [Docket No. 78] (the “Interim Order”). A copy of the Interim Order
is attached hereto as Exhibit C.
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 31, 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 November 7, 2022 at 1:00 p.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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Case 22-10951-CTG Doc 84 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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