Proposed Order and Stipulation to Extend Pietschner's Deadline — In re Kabbage, Inc. d/b/a KServicing

Summary

Exhibit A (a proposed order) with Exhibit 1 (a stipulation), Doc 427-1 in Case No. 22-10951 (CTG), the jointly administered chapter 11 cases of Kabbage, Inc. d/b/a KServicing, et al., in the U.S. Bankruptcy Court for the District of Delaware, filed January 9, 2023. The proposed order would approve a stipulation between the Debtors and Paul Pietschner. The stipulation would extend Pietschner's deadline to file a complaint to determine dischargeability under 11 U.S.C. § 523(c) from January 9, 2023 to the date twenty-one days after entry of an order confirming any plan. It states that Pietschner is the relator in a False Claims Act proceeding that "remains under seal".

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Date: 2023-01-09

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“Proposed Order and Stipulation to Extend Pietschner's Deadline — In re Kabbage, Inc. d/b/a KServicing.” Original at archive.org, dated 2023-01-09. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2023-01-09-kservicing-bankruptcy/, SHA-256 beddf3320d76a9bb3021528e3a456228d098b39e78c4990eb6fbdc0a0e5e0e87.

Full text

Case 22-10951-CTG Doc 427-1 Filed 01/09/23 Page 1 of 7

Exhibit A

Proposed Order
Case 22-10951-CTG Doc 427-1 Filed 01/09/23 Page 2 of 7

IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE

In re:
Chapter 11
KABBAGE, INC. d/b/a KSERVICING, et
Case No. 22-10951 (CTG)
al.,1
(Jointly Administered)
Debtors.

ORDER APPROVING STIPULATION
TO EXTEND PAUL PIETSCHNER’S DEADLINE TO
FILE A COMPLAINT TO DETERMINE DISCHARGEABILITY OF DEBT

Upon consideration of the Certification of Counsel Submitting Proposed Order Approving

Stipulation to Extend Paul Pietschner's Deadline to File a Complaint to Determine

Dischargeability of Debt (the “Stipulation”)2 by and between the above-captioned debtors

(collectively, the “Debtors”) and Paul Pietschner (“Pietschner,” and together with the Debtors,

the “Parties”), through their respective counsel, a copy of which is attached hereto as Exhibit 1

and related certification of counsel; and after due deliberation and sufficient cause appearing

therefor, it is hereby ORDERED:

1. The Stipulation is approved.

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) (the “Company”); 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 herein but not otherwise defined herein shall have the meanings ascribed to them in the
Stipulation.
Case 22-10951-CTG Doc 427-1 Filed 01/09/23 Page 3 of 7

2. The deadline for Paul Pietschner to file a complaint to determine

dischargeability under 11 U.S.C. § 523(c) shall be extended from January 9, 2023, to the date

which is twenty-one days following the entry of an order confirming any plan, without prejudice

to Paul Pietschner’s right to seek further extension of the Nondischargeability Deadline, and

without prejudice to the Debtors’ rights, objections, or defense related thereto.

3. The Parties are authorized to take any and all actions reasonably necessary

to effectuate the terms of the Stipulation.

4. This Court shall retain jurisdiction with respect to all matters arising from

or related to the implementation or interpretation of this Order.

5. Notwithstanding any Federal Rule of Bankruptcy Procedure or Local Rule

of Bankruptcy Practice and Procedure of the United States Bankruptcy Court for the District of

Delaware that might otherwise delay the effectiveness of this Order, the terms and conditions of

this Order shall be immediately effective and enforceable upon its entry.

2
Case 22-10951-CTG Doc 427-1 Filed 01/09/23 Page 4 of 7

Exhibit 1

Stipulation
Case 22-10951-CTG Doc 427-1 Filed 01/09/23 Page 5 of 7

UNITED STATES BANKRUPTCY COURT
DISTRICT OF DELAWARE

In re:
Chapter 11
KABBAGE, INC. d/b/a KSERVICING, et
Case No. 22-10951 (CTG)
al.,1
(Jointly Administered)
Debtors.

STIPULATON TO EXTEND PAUL PIETSCHNER’S DEADLINE TO
FILE A COMPLAINT TO DETERMINE DISCHARGEABILITY OF DEBT

The above-captioned debtors (collectively, the “Debtors”) and Paul Pietschner

(“Pietschner,” and together with the Debtors, the “Parties”) enter into this stipulation to extend

the deadline to file a complaint to determine the dischargeability of debt under 11 U.S.C. § 523.

The Parties stipulate as follows:

1. Pietschner is the relator in a proceeding commenced under the False Claims Act, 31 U.S.C.

Sec. 3729 et seq, which remains under seal.

2. On October 3, 2022 (the “Petition Date”), the Debtors filed their voluntary petitions for

relief under chapter 11 of the title 11 of the United States Code.

3. On November 10, 2022, the meeting of creditors pursuant to 11 U.S.C. § 341 was

scheduled and conducted (the “341 Meeting”).

4. Pursuant to Federal Rule of Bankruptcy Procedure 4007(c), a party in interest may file a

complaint under 11 U.S.C. § 523(c) within sixty days after the first date set for the 341 Meeting.

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) (the “Company”); 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.
Case 22-10951-CTG Doc 427-1 Filed 01/09/23 Page 6 of 7

5. Accordingly, the deadline for filing a complaint under 11 U.S.C. § 523(c) is January 9,

2023 (the “Nondischargeability Deadline”).

NOW, THEREFORE, the Parties agree as follows:

1. The Nondischargeability Deadline for Paul Pietschner to file a complaint to determine the

dischargeability of debt under 11 U.S.C. § 523(c) shall be extended through and including the date

which is twenty-one days following the entry of an order confirming any plan.

2. Any extension of the Nondischargeability Deadline is without prejudice to Paul

Pietschner's right to seek additional extensions and the Debtors’ rights, objections, or defenses related

thereto.

3. This stipulation may be executed in counterparts, each of which shall be deemed an original

and such counterparts shall together constitute a single agreement. Any signature, including an

electronic signature, transmitted by facsimile or electronic mail shall be deemed an original signature

to this Stipulation.

2
Case 22-10951-CTG Doc 427-1 Filed 01/09/23 Page 7 of 7

/s/ Zachary I. Shapiro /s/ Robert J. Dehney
RICHARDS, LAYTON & FINGER, P.A. MORRIS, NICHOLS, ARSHT & TUNNELL LLP
Daniel J. DeFranceschi (No. 2732) Robert J. Dehney (No. 3578)
Amanda R. Steele (No. 5530) 1201 North Market Street, 16th Floor
Zachary I. Shapiro (No. 5103) P.O. Box 1347
Matthew P. Milana (No. 6681) Wilmington, DE 19899-1347
One Rodney Square Tel: 302.351.9353
920 North King Street Fax: 302.425.4673
Wilmington, Delaware 19801 rdehney@morrisnichols.com
Telephone: (302) 651-7700
E-mail: defranceschi@rlf.com -and-
steele@rlf.com
shapiro@rlf.com GOLDBERG KOHN LTD
milana@rlf.com Randall L. Klein
William C. Meyers
-and- 55 East Monroe, Suite 3300
Chicago, Illinois 60603
WEIL, GOTSHAL & MANGES LLP Tel: 312.201.4000
Ray C. Schrock, P.C. (admitted pro hac vice) Fax: 312.863.7419
Candace M. Arthur (admitted pro hac vice) wcm@goldbergkohn.com
Natasha S. Hwangpo (admitted pro hac vice)
Chase A. Bentley (admitted pro hac vice) Counsel for Paul Pietschner
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

Counsel for Debtors and Debtors-in-
Possession

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