Exhibit A: Order Extending the Deadline by Which the Debtors May Remove Civil Actions — In re Kabbage, Inc. d/b/a KServicing, Case 22-10951-CTG, Doc. 310-1 (Filed 12/01/22)
- Date
- 2022-12-01
Summary
Exhibit A, filed December 1, 2022 as Doc 310-1 in In re Kabbage, Inc. d/b/a KServicing, et al., Case No. 22-10951 (CTG), jointly administered Chapter 11 cases in the United States Bankruptcy Court for the District of Delaware. The exhibit is a form of order, relating to Docket No. 284, on the debtors' motion to extend the deadline to file notices of removal of civil actions under Bankruptcy Rule 9027(a) by 120 days. The order would grant the motion and extend the removal deadline through and including May 3, 2023. It would be without prejudice to any position the debtors may take on whether section 362 of the Bankruptcy Code applies to stay pending litigation, or to their right to seek a further extension, and the court would retain jurisdiction. The form is four pages including the exhibit cover sheet and bears no judge's signature.
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“Exhibit A: Order Extending the Deadline by Which the Debtors May Remove Civil Actions — In re Kabbage, Inc. d/b/a KServicing, Case 22-10951-CTG, Doc. 310-1 (Filed 12/01/22).”
Original at archive.org, dated 2022-12-01. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2022-12-01-kservicing-bankruptcy/
, SHA-256 8c55210220759905d63fe6c0960826482d4e9df61429b8efb354cf1d7e8cb268.Full text
Case 22-10951-CTG Doc 310-1 Filed 12/01/22 Page 1 of 4
EXHIBIT A
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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)
:
:
Debtors.1 : (Jointly Administered)
:
: Re: Docket No. 284
------------------------------------------------------------ x
ORDER (I) EXTENDING THE DEADLINE
BY WHICH THE DEBTORS MAY REMOVE
CIVIL ACTIONS, AND (II) GRANTING RELATED RELIEF
Upon the motion (the “Motion”) 2 of Kabbage Inc. d/b/a KServicing and its debtor
affiliates, as debtors and debtors in possession in the Chapter 11 Cases (collectively,
the “Debtors”), for entry of an order (i) extending the deadline by which the Debtors may file
notices of removal under Bankruptcy Rule 9027(a) (the “Removal Deadline”) by 120 days from
the current deadline, through and including May 3, 2023, and (ii) granting related relief, all as
more fully set forth in the Motion; and the Court having jurisdiction to consider the Motion and
the relief requested therein pursuant to 28 U.S.C. §§ 157(a)–(b) and 1334(b), and the Amended
Standing Order of Reference from the United States District Court for the District of Delaware,
dated February 29, 2012; and consideration of the Motion and the requested relief being a core
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.
2
Capitalized terms used but not defined herein shall have the respective meanings ascribed to such terms in the
Motion.
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proceeding pursuant to 28 U.S.C. § 157(b); and venue being proper before this Court pursuant to
28 U.S.C. §§ 1408 and 1409; and due and proper notice of the Motion having been provided; and
such notice having been adequate and appropriate under the circumstances; and it appearing that
no other or further notice need be provided; and upon any hearing to consider the relief requested
in the Motion, if necessary; and upon the First Day Declaration and the record of the Hearing, if
any; and this Court having determined that the legal and factual bases set forth in the Motion
establish just cause for the relief granted herein; and it appearing that the relief requested in the
Motion is in the best interests of the Debtors, their estates, creditors, and all parties in interest; and
upon all of the proceedings had before the Court and after due deliberation and sufficient cause
appearing therefor,
IT IS HEREBY ORDERED THAT
1. The Motion is granted to the extent set forth herein.
2. The Removal Deadline is extended through and including May 3, 2023.
3. This Order shall be without prejudice to (i) any position the Debtors may
take regarding whether section 362 of the Bankruptcy Code applies to stay any litigation pending
against the Debtors or (ii) the Debtors’ right to seek a further extension of the Removal Deadline.
4. Notwithstanding entry of this Order, nothing herein shall create, nor is
intended to create, any rights in favor of or enhance the status of any claim held by any party.
5. The Debtors are authorized to take all action necessary to effectuate the
relief granted in this Order.
2
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6. The Court shall retain jurisdiction to hear and determine all matters arising
from or related to the implementation, interpretation, or enforcement of this Order.
3
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