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In re Kabbage, Inc. d/b/a KServicing — Notice of AlixPartners Third Monthly Fee Application

Date
2022-12-01

Summary

A Notice of Fee Application filed January 30, 2023 as Doc 496-1 in In re Kabbage, Inc. d/b/a KServicing, et al., Case No. 22-10951 (CTG), a jointly administered Chapter 11 case in the U.S. Bankruptcy Court for the District of Delaware. It gives notice that AlixPartners, LLP, the Debtors' financial advisor, filed its Third Monthly Application for fees and expenses for December 1, 2022 through December 31, 2022. Objections must be filed under the Interim Compensation Order dated October 21, 2022 [Docket No. 136] by 4:00 p.m. on February 20, 2023. The notice states that absent objections, once a certificate of no objection is filed, the Debtors are authorized to pay 80% of the fees and 100% of the expenses requested without further order. Matthew P. Milana of Richards, Layton & Finger, P.A. signs the three-page notice, which also lists Weil, Gotshal & Manges LLP as counsel for the Debtors.

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Full text

                 Case 22-10951-CTG              Doc 496-1        Filed 01/30/23        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: Feb. 20, 2023 at 4:00 p.m. (ET)
------------------------------------------------------------ x

                                     NOTICE OF FEE APPLICATION

                    PLEASE TAKE NOTICE that AlixPartners, LLP (the “Applicant”) has today

filed the attached Third Monthly Application of AlixPartners, LLP, Financial Advisor to the

Chapter 11 Debtors, for Allowance of Compensation for Professional Services Rendered and

Reimbursement of Expenses Incurred for the Period from December 1, 2022 through

December 31, 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 February 20, 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,


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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               Case 22-10951-CTG         Doc 496-1       Filed 01/30/23       Page 2 of 3




Suite     383,      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
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               Case 22-10951-CTG   Doc 496-1   Filed 01/30/23    Page 3 of 3




Dated: January 30, 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, Esq. (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
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