In re Kabbage, Inc. d/b/a KServicing — Notice of Motion re Use of Cash Collateral and Adequate Protection
- Date
- 2022-10-31
Summary
A Notice of Motion and Hearing filed October 24, 2022 as Doc 143-1 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 seeking an order authorizing limited use of cash collateral, granting adequate protection to a secured lender, modifying the automatic stay and granting related relief. Objections are due by October 31, 2022 at 4:00 p.m., and a hearing, if required, will be held on November 7, 2022 at 1:00 p.m. before The Honorable Craig T. Goldblatt. The notice states that the court may grant the relief without further hearing if no objections are timely filed. It is signed by Richards, Layton & Finger, P.A., proposed attorneys for the Debtors, and also carries the signature block of Weil, Gotshal & Manges LLP.
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Full text
Case 22-10951-CTG Doc 143-1 Filed 10/24/22 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 31, 2022 at 4:00 p.m. (ET)
: Hearing Date: November 7, 2022 at 1:00 p.m. (ET)
------------------------------------------------------------ x
NOTICE OF MOTION AND HEARING
PLEASE TAKE NOTICE that, on October 24, 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’ Limited Use of Cash Collateral, (II) Granting Adequate Protection to
Secured Lender, (III) Modifying Automatic Stay, and (IV) 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
October 31, 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 November 7, 2022 at 1:00 p.m.
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 28147344v.1
Case 22-10951-CTG Doc 143-1 Filed 10/24/22 Page 2 of 3
(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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RLF1 28147344v.1
Case 22-10951-CTG Doc 143-1 Filed 10/24/22 Page 3 of 3
Dated: October 24, 2022
Wilmington, Delaware
/s/ Zachary I. Shapiro
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
Proposed Attorneys for Debtors
and Debtors in Possession
-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 28147344v.1
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