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In re Kabbage, Inc. d/b/a KServicing — Notice of Motion to Establish Claims Bar Dates

Date
2022-10-19

Summary

A notice of motion and hearing filed October 11, 2022 as Doc 96-1 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. It gives notice that the Debtors filed a motion to establish a general bar date for proofs of claim, a bar date for governmental units, an amended schedules bar date and a rejection damages bar date, and to approve the form of proofs of claim and the notice of bar dates. Objections are due October 19, 2022 at 4:00 p.m. (ET), and any hearing is set before Judge Craig T. Goldblatt on October 26, 2022 at 10:30 a.m. (ET). The three-page notice is signed by Matthew P. Milana of Richards, Layton & Finger, P.A., whose signature block also lists Weil, Gotshal & Manges LLP, as proposed attorneys for the Debtors.

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Full text

                   Case 22-10951-CTG             Doc 96-1        Filed 10/11/22       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)
------------------------------------------------------------ x

                                  NOTICE OF MOTION AND HEARING

                    PLEASE TAKE NOTICE that, on October 11, 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 Order

(I) Establishing a General Bar Date to File Proofs of Claim, (II) Establishing a Bar Date to File

Proofs of Claim by Governmental Units, (III) Establishing an Amended Schedules Bar Date,

(IV) Establishing a Rejection Damages Bar Date, (V) Approving the Form and Manner for Filing

Proofs of Claim, (VI) Approving the Proposed Notice of Bar Dates, (VII) Approving Procedures

with Respect to Service of the Proposed Notice of Bar Dates, and (VIII) Granting Related Relief

(the “Motion”) with the United States Bankruptcy Court for the District of Delaware (the

“Court”).

                    PLEASE TAKE FURTHER NOTICE that objections or responses to the relief

requested in the Motion, if any, must be made in writing and filed with the Court on or before


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 28074907v.1
                   Case 22-10951-CTG     Doc 96-1   Filed 10/11/22   Page 2 of 3




October 19, 2022 at 4:00 p.m. (prevailing Eastern Time).

                    PLEASE TAKE FURTHER NOTICE that the 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 RELIEF REQUESTED IN THE

MOTION WITHOUT FURTHER NOTICE OR HEARING.




                                                2
RLF1 28074907v.1
                   Case 22-10951-CTG   Doc 96-1    Filed 10/11/22   Page 3 of 3




 Dated: October 11, 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 28074907v.1


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