In re Kabbage, Inc. d/b/a KServicing — Proposed Order Retaining Greenberg Traurig as Special Counsel
- Date
- 2022-10-14
Summary
Doc 107-4, filed October 14, 2022 in In re Kabbage, Inc. d/b/a KServicing, et al., Case No. 22-10951 (CTG), in the U.S. Bankruptcy Court for the District of Delaware, is Exhibit C, a proposed order. The order would authorize the Debtors to employ and retain Greenberg Traurig, LLP as special counsel to the Board of Directors of Kabbage, Inc. d/b/a KServicing effective as of the Petition Date, under sections 327(e) and 328(a) of the Bankruptcy Code. It provides for compensation under sections 330 and 331, bars reimbursement of expenses for office supplies, and directs that any Retainer Balance be held and applied to fees awarded by final order. It also requires ten (10) business days' notice before any rate increase. The document is five pages.
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Case 22-10951-CTG Doc 107-4 Filed 10/14/22 Page 1 of 5
Exhibit C
Proposed Order
Case 22-10951-CTG Doc 107-4 Filed 10/14/22 Page 2 of 5
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)
:
1
Debtors. : (Jointly Administered)
:
----------------------------------------------------------- x
ORDER AUTHORIZING DEBTORS TO
EMPLOY AND RETAIN GREENBERG TRAURIG, LLP
AS SPECIAL COUNSEL TO THE BOARD OF DIRECTORS OF
KABBAGE, INC. D/B/A KSERVICING EFFECTIVE AS OF THE PETITION DATE
Upon the application (the “Application”)2 of Kabbage, Inc. d/b/a KServicing and its debtor
affiliates, as debtors and debtors in possession in the Chapter 11 Cases (collectively,
the “Debtors”), for entry of an order (i) authorizing the Debtors to employ and retain Greenberg
Traurig as special counsel to the Board, effective as of the Petition Date, to advise the Board on
the exercise of its duties and responsibilities and to perform such other services as the Board may
require; (ii) directing that copies of all notices, pleadings, and other documents filed in these cases
and any and all related adversary proceedings be served upon Greenberg Traurig, as special
counsel to the Board; and (iii) granting related relief, all as more fully set forth in the Application;
and upon consideration of the Kurzweil Declaration; and the Court having jurisdiction over this
matter pursuant to 28 U.S.C. §§ 157 and 1334 and the Amended Standing Order of Reference from
the United States District Court for the District of Delaware, dated as of February 29, 2012; and
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.
2
Capitalized terms used but not otherwise defined herein have the meanings ascribed to them in the Application.
Case 22-10951-CTG Doc 107-4 Filed 10/14/22 Page 3 of 5
this matter being a core proceeding pursuant to 28 U.S.C. § 157(b); and due and proper notice of
the Application having been provided; and such notice having been adequate and appropriate
under the circumstances; and it appearing that no other or further notice need be provided; and this
Court having reviewed the Application; and this Court having held a hearing on the Application
(the “Hearing”); and this Court being satisfied based on the representations made in the
Application and in the Kurzweil Declaration that Greenberg Traurig does not hold or represent an
interest adverse to the Debtors’ estates with respect to the matters for which Greenberg Traurig is
to be retained as required by section 327(e) of the Bankruptcy Code; and this Court having
determined that the legal and factual bases set forth in the Application establish just cause for the
relief granted herein; and after due deliberation and sufficient cause appearing therefor,
IT IS HEREBY ORDERED THAT:
1. The Application is approved as set forth herein.
2. The Debtors are authorized pursuant to sections 327(e) and 328(a) of the
Bankruptcy Code, Bankruptcy Rules 2014(a) and 2016(b) and Local Rule 2014-1 and 2016-1, to
retain and employ Greenberg Traurig as special counsel to the Board of Directors of Kabbage, Inc.
d/b/a KServicing in the above-captioned Chapter 11 Cases upon the terms and conditions as set
forth in the Application effective as of the Petition Date.
3. Greenberg Traurig shall be compensated in accordance with the procedures
set forth in the Application, sections 330 and 331 of the Bankruptcy Code, the Bankruptcy Rules,
the Local Rules, and any further Orders of this Court.
4. Greenberg Traurig shall be reimbursed for reasonable and necessary
expenses as provided by the Fee Guidelines.
2
Case 22-10951-CTG Doc 107-4 Filed 10/14/22 Page 4 of 5
5. Notwithstanding anything to the contrary in the Application, any order
entered in connection therewith, or any agreement entered into in connection with the Board’s
retention of Greenberg Traurig, Greenberg Traurig shall not seek reimbursement of expenses for
office supplies.
6. Greenberg Traurig will make a reasonable effort to comply with the U.S.
Trustee’s requests for information and additional disclosures as set forth in the Fee Guidelines in
connection with this Application and any interim and final fee applications to be filed by
Greenberg Traurig in these Chapter 11 Cases.
7. Any Retainer Balance shall be held by Greenberg Traurig throughout these
Chapter 11 Cases and shall be applied to Greenberg Traurig’s fees and expenses as may be awarded
by final order of this Court and payable to Greenberg Traurig.
8. Greenberg Traurig shall provide ten (10) business days’ notice to the
Debtors, the U.S. Trustee, and any official committee of unsecured creditors appointed in these
Chapter 11 Cases before any increases to the rates set forth in the Application or the Engagement
Letter are implemented and shall file such notice on the docket of the Chapter 11 Cases. The Court
retains the right to review any rate increase by Greenberg Traurig under section 330 of the
Bankruptcy Code.
9. Greenberg Traurig shall use its reasonable efforts to avoid any unnecessary
duplication of services provided by any Retained Professional or any other professional retained
in these Chapter 11 Cases.
10. The Debtors are authorized to take all actions necessary to effectuate the
relief granted in this Order in accordance with the Application.
3
Case 22-10951-CTG Doc 107-4 Filed 10/14/22 Page 5 of 5
11. This Court shall retain jurisdiction to hear and determine all matters arising
from or related to the implementation, interpretation, or enforcement of this Order.
4
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