Order denying motion to shorten

Summary

An order of the U.S. Bankruptcy Court for the District of Delaware, filed March 10, 2023 as Doc 648 in the jointly administered Chapter 11 cases of Kabbage, Inc. d/b/a KServicing, et al., Case No. 22-10951 (CTG), and signed by United States Bankruptcy Judge Craig T. Goldblatt. It denies the motion of Cross River Bank and Customers Bank (Re: ECF 622) to shorten the notice and objection periods for their joint motion under Bankruptcy Rule 2004 seeking the examination of American Express Kabbage Inc. The order sets the Examination Motion for hearing on March 22, 2023 at 1:00 p.m., requires objections by March 15, 2023, and permits the two banks to file a joint reply by March 17, 2023. The court retains jurisdiction over the order's implementation.

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                  Case 22-10951-CTG            Doc 648       Filed 03/10/23         Page 1 of 2




                            IN THE UNITED STATES BANKRUPTCY COURT
                                 FOR THE DISTRICT OF DELAWARE

                                                             Chapter 11
    In re
                                                             Case No. 22-10951 (CTG)
    KABBAGE, INC. d/b/a KSERVICING, et al.,
                                                             (Jointly Administered)
             Debtors.1
                                                             Re: ECF 622



    ORDER DENYING MOTION TO SHORTEN NOTICE AND OBJECTION PERIODS
    FOR JOINT MOTION OF CROSS RIVER BANK AND CUSTOMERS BANK FOR AN
       ORDER, PURSUANT TO SECTION 105(a) OF THE BANKRUPTCY CODE,
         BANKRUPTCY RULE 2004, AND LOCAL BANKRUPTCY RULE 2004-1,
    AUTHORIZING AND DIRECTING THE EXAMINATION OF AMERICAN EXPRESS
                              KABBAGE INC.

            Upon the motion (the “Motion”)2 of Cross River Bank and Customers Bank, for the entry

of an order shortening the notice and objection periods for the Examination Motion, all as more

fully described in the Motion; and the Court having jurisdiction to consider and authority to resolve

the Motion pursuant to 28 U.S.C. §§ 157(a)–(b) and 1334(b), and the Amended Standing Order of

Reference from the United States District Court for the District of Delaware, dated February 29,

2012; and consideration of the Motion and the requested relief being a core proceeding pursuant

to 28 U.S.C. § 157(b); and due and proper notice of the Motion having been provided; and upon

all of the proceedings had before the Court,

            IT IS HEREBY ORDERED THAT:

            1.     The Motion is DENIED.


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) (collectively, the “Debtors”).
2
 Capitalized terms used but not otherwise defined herein shall have the respective meanings ascribed to them in the
Motion.
              Case 22-10951-CTG         Doc 648     Filed 03/10/23     Page 2 of 2




         2.    The Examination Motion shall be heard at the hearing on March 22, 2023 at 1:00

p.m. (Eastern Time).

         3.    Objections, if any, to the relief requested in the Examination Motion shall be field

and served no later than March 15, 2023 at 4:00 p.m. (Eastern Time).

         4.    Cross River and Customers Bank may (but are not required) to file a joint reply in

further support of the Examination Motion on or before March 17, 2023, at 12:00 noon (Eastern

Time).

         5.    The Court retains exclusive jurisdiction with respect to all matters arising from or

related to the implementation, interpretation, and enforcement of this Order.




Dated: March 10th, 2023                             CRAIG T. GOLDBLATT
Wilmington, Delaware                                UNITED STATES BANKRUPTCY JUDGE




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