In re Kabbage, Inc. d/b/a KServicing — Notice of Motion to Retain Phoenix Executive Services and Designate CFO
- Date
- 2022-10-24
Summary
Doc 258-1, a notice of motion and hearing filed November 16, 2022 by the debtors 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 of the debtors' motion for an order authorizing them to employ and retain Phoenix Executive Services, LLC to provide a Chief Financial Officer and designating that officer, effective as of October 24, 2022. Objections must be filed by November 30, 2022, and any hearing will be held before The Honorable Craig T. Goldblatt on December 7, 2022. The notice states that the court may grant the relief without further notice or hearing if no objections are timely filed. It is signed by Matthew P. Milana of Richards, Layton & Finger, P.A., with Weil, Gotshal & Manges LLP also listed, as attorneys for the debtors.
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Full text
Case 22-10951-CTG Doc 258-1 Filed 11/16/22 Page 1 of 3
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE
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:
In re : Chapter 11
:
KABBAGE, INC. d/b/a KSERVICING, et al., : Case No. 22-10951 (CTG)
:
1
Debtors. : (Jointly Administered)
:
: Obj. Deadline: Nov. 30, 2022 at 4:00 p.m. (ET)
: Hearing Date: Dec. 7, 2022 at 10:00 a.m. (ET)
------------------------------------------------------------ x
NOTICE OF MOTION AND HEARING
PLEASE TAKE NOTICE that, on November 16, 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) Authorizing Debtors to Employ and Retain Phoenix Executive Services, LLC to Provide a Chief
Financial Officer and (II) Designating Marc Sullivan as Debtors’ Chief Financial Officer,
Effective as of October 24, 2022 (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
November 30, 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
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 258-1 Filed 11/16/22 Page 2 of 3
Street, 3rd Floor, Courtroom 7, Wilmington, Delaware 19801 on December 7, 2022 at 10:00 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.
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Case 22-10951-CTG Doc 258-1 Filed 11/16/22 Page 3 of 3
Dated: November 16, 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
Attorneys for Debtors and Debtors in Possession
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RLF1 28223310v.1
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