Court filing
Certification of Counsel Regarding Revised… — In re KServicing Wind Down Corp., et al. (f/k/a Kabbage, Inc.… (Dkt. 85)
Summary
A Certification of Counsel filed October 6, 2022 as Doc 85 in In re Kabbage, Inc. d/b/a KServicing, et al., Case No. 22-10951 (CTG), the jointly administered Chapter 11 cases in the United States Bankruptcy Court for the District of Delaware. The certification recounts that the debtors filed a motion on October 3, 2022 for interim and final orders authorizing them to continue servicing and subservicing activities (Docket No. 11). It states that the court held a first day hearing on October 6, 2022 and indicated it would approve the proposed order subject to review of revisions agreed with the Department of Justice, which had given informal comments on behalf of the Small Business Administration. A revised proposed order is attached as Exhibit 1 and a redline comparison as Exhibit 2. The three-page filing is signed by counsel at Richards, Layton & Finger, P.A.
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. 85 · Docket on CourtListener
Full text
Case 22-10951-CTG Doc 85 Filed 10/06/22 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)
:
:
Debtors.1 : (Jointly Administered)
:
: Re: Docket No. 11
------------------------------------------------------------ x
CERTIFICATION OF COUNSEL REGARDING REVISED PROPOSED INTERIM
ORDER AUTHORIZING DEBTORS TO (I) CONTINUE SERVICING AND
SUBSERVICING ACTIVITIES AND (II) PERFORM RELATED OBLIGATIONS
The undersigned hereby certifies as follows:
1. 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 Interim and Final Orders
Authorizing Debtors to (I) Continue Servicing and Subservicing Activities and (II) Perform
Related Obligations [Docket No. 11] (the “Motion”) with the United States Bankruptcy Court for
the District of Delaware (the “Court”). A proposed form of order granting the relief requested
in the Motion on an interim basis was attached to the Motion as Exhibit A (the “Proposed
Order”).
2. On October 6, 2022, the Court held an initial hearing (the “First Day
Hearing”) to consider, among other things, the relief requested in the Motion. Prior to the First
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 28057853v.1
Case 22-10951-CTG Doc 85 Filed 10/06/22 Page 2 of 3
Day Hearing, the Debtors received informal comments from the United States Department of
Justice (the “DOJ”), on behalf of the United States Small Business Administration, to the Proposed
Order. At the First Day Hearing, the Debtors presented the Proposed Order to the Court, and the
Court indicated that it would approve the Proposed Order, subject to review of the revisions agreed
to between the Debtors and the DOJ.
3. Consistent with the record made at the First Day Hearing and in resolution
of the DOJ’s informal comments to the Proposed Order, the Debtors have prepared a revised form
of Proposed Order (the “Revised Order”), attached hereto as Exhibit 1. The Revised Order has
been circulated and is acceptable to the DOJ, the Office of the United States Trustee for the District
of Delaware, Federal Reserve Bank of San Francisco, Customers Bank, and Cross River Bank.
For the convenience of the Court and all parties in interest, a redline comparison of the Revised
Order marked against the Proposed Order is attached hereto as Exhibit 2.
[Remainder of page intentionally left blank]
2
RLF1 28057853v.1
Case 22-10951-CTG Doc 85 Filed 10/06/22 Page 3 of 3
WHEREFORE the Debtors respectfully request that the Revised Order be entered
at the earliest convenience of the Court.
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 28057853v.1
File and source
- File
- gov.uscourts.deb.188293.85.0.pdf
- Size
- 189,090 bytes
- SHA-256
- a1d2fb8bc1abfbc44210a02e548d4783d5c4c706a3ef7bed5cbdaf0b03454bef
- Our copy
- gov.uscourts.deb.188293.85.0.pdf
- Original
- archive.org