In re Kabbage, Inc. d/b/a KServicing — Notice of Motion to Approve Customers Bank Settlement
- Date
- 2022-11-07
Summary
Doc 172-1, a notice of motions and hearing filed October 27, 2022 by the debtors in the 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 approving a settlement agreement between the debtors and Customers Bank, and of a motion to shorten the notice and objection periods. If the motion to shorten is granted, a hearing will be held on November 7, 2022 before The Honorable Craig T. Goldblatt, and objections may be made by November 4, 2022. If the Court approves or denies that motion in whole or in part, parties-in-interest will receive separate notice of the Court-approved deadline and hearing date. It is signed by Zachary I. Shapiro of Richards, Layton & Finger, proposed attorneys for the debtors, with Weil, Gotshal & Manges LLP also listed.
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Full text
Case 22-10951-CTG Doc 172-1 Filed 10/27/22 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)
:
: Proposed Hearing Date: Nov. 7, 2022 at 1:00 p.m. (ET)
: Proposed Obj. Deadline: Nov. 4, 2022 at 4:00 p.m. (ET)
1
Debtors. :
------------------------------------------------------------ x
NOTICE OF MOTIONS AND HEARING
PLEASE TAKE NOTICE that the debtors in possession in the above-captioned
cases (collectively, the “Debtors”) have today filed the attached Debtors’ Motion for Entry of an
Order (I) Authorizing and Approving Settlement Agreement Between Debtors and Customers Bank
and (II) Granting Related Relief (the “Motion”) with the United States Bankruptcy Court for the
District of Delaware (the “Court”).
PLEASE TAKE FURTHER NOTICE that contemporaneously with the filing of
the Motion, the Debtors also filed a motion to shorten the notice and objection periods with respect
to the Motion (the “Motion to Shorten”).
PLEASE TAKE FURTHER NOTICE that if the Court grants the relief requested
in the Motion to Shorten: (i) a hearing to consider the Motion will be held on November 7, 2022
at 1:00 p.m. (Eastern Time) before The Honorable Craig T. Goldblatt, United States Bankruptcy
Judge for the District of Delaware, at the Court, 824 North Market Street, 3rd Floor, Courtroom 7,
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 28165325v.2
Case 22-10951-CTG Doc 172-1 Filed 10/27/22 Page 2 of 3
Wilmington, Delaware 19801, and (ii) any responses or objections to the Motion may be made by
November 4, 2022 at 4:00 p.m. (Eastern Time).
PLEASE TAKE FURTHER NOTICE that if the Court approves or denies, in
whole or in part, the relief requested in the Motion to Shorten, parties-in-interest will receive
separate notice of the Court-approved objection deadline and hearing date for the Motion.
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Case 22-10951-CTG Doc 172-1 Filed 10/27/22 Page 3 of 3
Dated: October 27, 2022
Wilmington, Delaware
/s/ Zachary I. Shapiro
RICHARDS, LAYTON & FINGER, P.A.
Daniel J. DeFranceschi (No. 2732)
Amanda R. Steele (No. 5530)
Zachary I. Shapiro (No. 5103)
Matthew P. Milana (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 (admitted pro hac vice)
Natasha S. Hwangpo (admitted pro hac vice)
Chase A. Bentley (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 28165325v.2
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