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OCP Declaration

Date
2022-11-02

Summary

Doc 196-3, filed November 2, 2022 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, is Exhibit 3, a blank form of OCP Declaration. The template is a declaration and disclosure statement for an ordinary course professional under the Order Pursuant to 11 U.S.C. §§ 105(a), 327, and 330. It contains bracketed blanks for the firm's name, the services provided, billing method, amounts owed for prepetition services and any indemnification agreement. Its paragraphs cover conflicts of interest, compensation sharing and a conflict check against a list of parties in interest. The 6-page form closes with placeholder pages for Exhibit A, a List of Parties in Interest, and Exhibit B, an Indemnification Agreement.

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Full text

               Case 22-10951-CTG   Doc 196-3   Filed 11/02/22   Page 1 of 6




                                      Exhibit 3

                                   OCP Declaration




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                 Case 22-10951-CTG              Doc 196-3        Filed 11/02/22        Page 2 of 6




                               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)
                                                             :
                                                             :
                             1
                  Debtors.                                   :         (Jointly Administered)
------------------------------------------------------------ x

DECLARATION AND DISCLOSURE STATEMENT OF ______________________,
ON BEHALF OF

                    I, _______________, hereby declare, pursuant to section 1746 of title 28 of the

United States Code, that the following is true to the best of my knowledge, information, and

belief:

                    1.       I am a [insert title] of [firm] located at [street, city, state, zip code]

(the “Firm”).

                    2.       This declaration (the “Declaration”) is submitted in accordance with the

Order Pursuant to 11 U.S.C. §§ 105(a), 327, and 330 Authorizing Debtors to Employ

Professionals Used in Ordinary Course of Business [Docket No. ___] (the “OCP Order”).

Capitalized terms used herein but not otherwise defined herein shall have the meanings ascribed

to such terms in the OCP Order.

                    3.       Kabbage, Inc. d/b/a KServicing and its debtor affiliates, as debtors and

debtors in possession (collectively, the “Debtors”), have requested that the Firm provide

[description of type of services] services to the Debtors, and the Firm has consented to provide


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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such services. The Firm [IS/IS NOT] a legal services firm. [IF THE FIRM IS A LEGAL

SERVICES FIRM, PLEASE STATE THE SPECIFIC LEGAL SERVICES THE FIRM IS

PROVIDING TO THE DEBTORS.]

                    4.       [The Firm [HAS/HAS NOT] provided services to the Debtors prior to

Petition Date.]2

                    5.       [DESCRIBE HOW FIRM WILL BILL THE ESTATE, E.G.,

HOURLY, FLAT FEE, CONTINGENCY, ETC., AND THE APPLICABLE RATES]

                    6.       The Firm may have performed services in the past and may perform services

in the future, in matters unrelated to these chapter 11 cases, for persons who are parties in interest

in the Debtors’ chapter 11 cases. As part of its customary practice, the Firm is retained in cases,

proceedings, and transactions involving many different parties, some of whom may represent or

be claimants or employees of the Debtors, or other parties-in-interest in these chapter 11 cases.

The Firm does not perform services for any such person in connection with these chapter 11 cases.

In addition, the Firm does not have any relationship with any such person, its attorneys, or

accountants that would be adverse to the Debtors or their estates [with respect to the matters on

which the Firm is to be retained],3 except as set forth herein. [PROVIDE ADDITIONAL

DISCLOSURES DESCRIBING SUCH RELATIONSHIPS, IF ANY EXIST].

                    7.       Neither I, nor any principal of, or professional employed by the Firm has

agreed to share or will share any portion of the compensation to be received from the Debtors with

any other person other than the principals and regular employees of the Firm.




2
    This clause shall only be included if the Ordinary Course Professional is an attorney.
3
    This clause shall only be included if the Ordinary Course Professional is an attorney.



                                                             2
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                    8.       Neither I, nor any principal of, or professional employed by the Firm,

insofar as I have been able to ascertain, holds or represents any interest adverse to the Debtors or

their estates, [with respect to the matters on which the Firm is to be retained.]4

                    9.       The Debtors owe the Firm $________ for prepetition services, the payment

of which is subject to the limitations contained in the Bankruptcy Code. [The Firm has agreed to

waive all unpaid amounts for prepetition services.]5

                    10.      For purposes of making the disclosures herein, the Firm searched the list of

parties in interest attached hereto as Exhibit A in its conflict check system.

                    11.      As of the Petition Date, the Firm [WAS/WAS NOT] party to an agreement

for indemnification with the Debtors. [A copy of such agreement is attached as Exhibit B to this

Declaration.]

                    12.      The Firm is conducting further inquiries regarding its retention by any

creditors of the Debtors, and upon conclusion of that inquiry, or at any time during the period of

its employment, if the Firm should discover any facts bearing on the matters described herein, the

Firm will supplement the information contained in this Declaration.

I declare under penalty of perjury that the foregoing is true and correct.

Executed on:                                    , 2022




                                                         By:




4
    This clause shall only be included if the Ordinary Course Professional is an attorney.
5
    This clause shall only be included if the Ordinary Course Professional is not providing legal services or, if the
    Ordinary Course Professional is providing legal services, it did not provide such services prior to the Petition Date.



                                                             3
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                                     EXHIBIT A

                               List of Parties in Interest




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                  Case 22-10951-CTG              Doc 196-3         Filed 11/02/22        Page 6 of 6




                                                       [Exhibit B

                                          Indemnification Agreement]1




1
    This exhibit shall only be included if the Ordinary Course Professional was party to an agreement for indemnification
    with the Debtors.




                                                             2
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File and source

File
gov.uscourts.deb.188293.196.3.pdf
Size
241,732 bytes
SHA-256
3f50111764bd4214c09ba9eb43233872eff078f8efff2912a2439634fcda443c
Our copy
gov.uscourts.deb.188293.196.3.pdf
Original
archive.org
  1. Order Authorizing Use of Cash Collateral and Granting Adequate Protection — In re KServicingsame docket · 2022-11-07
  2. Debtors' Reply in Support of Customers Bank Settlement — In re KServicingsame docket · 2022-11-06
  3. Declaration of Laquisha Milner in Support of Customers Bank Settlement — In re KServicing (Bankr. D. Del.)same docket · 2022-11-06
  4. Objection — Cross River Bank Opposes Customers Bank Settlement — In re KServicingsame docket · 2022-11-04
  5. Periodic Report — Controlled Non-Debtor Entities (Form 426) — In re KServicingsame docket · 2022-11-03
  6. PLEASE TAKE NOTICE that, pursuant to that certain Final Ordersame docket · 2022-11-02
  7. PLEASE TAKE NOTICE that, pursuant to that certain Final Ordersame docket · 2022-11-02
  8. Second Interim Order — Cash Management System — In re KServicingsame docket · 2022-11-02
  9. Order — Retain Jones Day as Special Counsel to Debtors — In re KServicing (Bankr. D. Del.)same docket · 2022-11-02
  10. Notice of Final Ordersame docket · 2022-11-02
  11. Order — Retain Greenberg Traurig as Special Counsel to Board — In re KServicingsame docket · 2022-11-02
  12. PLEASE TAKE NOTICE that, pursuant to that certain Final Ordersame docket · 2022-11-02
  13. Order — Employ Ordinary Course Professionals — In re KServicingsame docket · 2022-11-02
  14. Final Order — NOL Stock Transfer Restrictions — In re KServicingsame docket · 2022-11-02
  15. Final Order — Prepetition Employee Wages & Benefits — In re KServicing (Bankr. D. Del.)same docket · 2022-11-02
  16. Schedule 2-A, Greenberg Traurig Supplemental Disclosures — In re KServicing (Dkt. 177-1)same docket · 2022-11-01
  17. Further Revised Ordersame docket · 2022-11-01
  18. Second Interim Ordersame docket · 2022-11-01
  19. Order Authorizing Debtors To Employsame docket · 2022-11-01
  20. In re Kabbage, Inc. d/b/a KServicing — Notice of Omni Agent Solutions Second Monthly Fee Statementsame docket · 2022-11-01

Part of: In re KServicing Wind Down Corp., et al. — U.S. Bankruptcy Court, D. Del. · In re KServicing Wind Down Corp., et al. · Paycheck Protection Program (PPP) · Exhibits and declarations · Federal court dockets (PACER) · 2022 · Source documents

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