Pandemic Darlings The pandemic economy, in original documents
Home Source documents In re Kabbage, Inc. d/b/a KServicing — Notice of Motion to Retain Phoenix Executive Ser…

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.

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

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

------------------------------------------------------------ x
                                                             :
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.


RLF1 28223310v.1
               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.




                                             2
RLF1 28223310v.1
               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




                                            3
RLF1 28223310v.1


File and source

File
gov.uscourts.deb.188293.258.1.pdf
Size
173,945 bytes
SHA-256
57a7a8e38ee26b5416c87197f35163dcafa1e83b3bac388f94ecc473785da5b6
Our copy
gov.uscourts.deb.188293.258.1.pdf
Original
archive.org
Back to top