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Kabbage - Notice of RLF 2nd Monthly Fee App

Date
2022-11-01

Summary

A notice of fee application filed January 4, 2023 as Doc 407-1 in In re Kabbage, Inc. d/b/a KServicing, et al., Case No. 22-10951 (CTG), jointly administered Chapter 11 cases in the U.S. Bankruptcy Court for the District of Delaware. It states that Richards, Layton & Finger, P.A. filed its Second Monthly Application, as co-counsel to the debtors, for compensation and reimbursement of expenses from November 1, 2022 through November 30, 2022. Objections must be filed under the Interim Compensation Order of October 21, 2022 [Docket No. 136] by 4:00 p.m. on January 24, 2023. If none are filed, the notice states, the applicant may file a certificate of no objection, after which the debtors may pay 80% of the fees and 100% of the expenses without further order. It is signed by Richards, Layton & Finger, P.A., with a Weil, Gotshal & Manges LLP signature block, as attorneys for the debtors.

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Full text

                 Case 22-10951-CTG              Doc 407-1        Filed 01/04/23        Page 1 of 3




                               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)
                                                             :
                                                             :         (Jointly Administered)
                             1
                  Debtors.                                   :
                                                             :         Obj. Deadline: Jan. 24, 2023 at 4:00 p.m. (ET)
------------------------------------------------------------ x

                                     NOTICE OF FEE APPLICATION

                    PLEASE TAKE NOTICE that Richards, Layton & Finger, P.A. (the

“Applicant”) has today filed the attached Second Monthly Application of Richards, Layton &

Finger, P.A. for Allowance of Compensation for Services Rendered and for Reimbursement of

Expenses as Co-Counsel to the Debtors for the Period from November 1, 2022 through

November 30, 2022 (the “Application”) with the United States Bankruptcy Court for the District

of Delaware (the “Court”).

                    PLEASE TAKE FURTHER NOTICE that objections to the Application, if any,

must be made in accordance with the Order Establishing Procedures for Interim Compensation

and Reimbursement of Expenses of Professionals, dated October 21, 2022 [Docket No. 136] (the

“Interim Compensation Order”), and must be filed with the Clerk of the Court, 824 North

Market Street, 3rd Floor, Wilmington, Delaware 19801 no later than 4:00 p.m. (prevailing

Eastern Time) on January 24, 2023 (the “Objection Deadline”) and served upon and received

by: (i) the Debtors, c/o Kabbage, Inc. d/b/a KServicing, 925B Peachtree Street NE, Suite 383,


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 28417802v.1
               Case 22-10951-CTG         Doc 407-1    Filed 01/04/23     Page 2 of 3




Atlanta, GA 30309 (Attn: Holly Loiseau, General Counsel (hloiseau@kservicecorp.com));

(b) counsel for the Debtors, (i) Weil, Gotshal & Manges LLP, 767 Fifth Avenue, New York, NY

10153 (Attn: Candace M. Arthur (candace.arthur@weil.com), Natasha S. Hwangpo

(natasha.hwangpo@weil.com),        and   Chase   A.   Bentley    (chase.bentley@weil.com))      and

(ii) Richards, Layton & Finger, P.A., One Rodney Square, 920 North King Street, Wilmington,

DE 19801 (Attn: Daniel J. DeFranceschi (defranceschi@rlf.com), Amanda R. Steele

(steele@rlf.com), and Zachary I. Shapiro (shapiro@rlf.com)); and (c) the Office of the United

States Trustee for the District of Delaware, 844 King Street, Suite 2207, Wilmington, DE 19801

(Attn: Richard L. Schepacarter (richard.schepacarter@usdoj.gov) and Rosa Sierra-Fox

(rosa.sierra-fox@usdoj.gov)).

                   PLEASE TAKE FURTHER NOTICE that if no objections to the Application are

filed prior to the Objection Deadline, the Applicant may file a certificate of no objection with the

Court, after which the Debtors shall be authorized by the Interim Compensation Order to pay the

Applicant an amount equal to 80% of the fees and 100% of the expenses requested in the

Application without the need for further order of the Court.

                   PLEASE TAKE FURTHER NOTICE that if an objection to the Application is

filed prior to the Objection Deadline, the Debtors shall be authorized by the Interim

Compensation Order to pay the Applicant 80% of the fees and 100% of the expenses requested

in the Application not subject to such objection without the need for further order of the Court.




                                                 2
RLF1 28417802v.1
               Case 22-10951-CTG   Doc 407-1   Filed 01/04/23    Page 3 of 3




Dated: January 4, 2023
       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 28417802v.1


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