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Kabbage - RLF First Interim Fee App (Oct. 2022 - Dec. 2022)

Date
2023-02-14

Summary

Exhibit E, the Budget and Staffing Plan, filed February 14, 2023 as Doc 531-6 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 sets out the budget of Richards, Layton & Finger, P.A., co-counsel to the debtors, for an interim period beginning October 3, 2022, with retention approved October 28, 2022. The budget estimates hours and fees by project category, including 250 hours for court hearings and 200 hours each for plan and disclosure statement work and litigation, for a total of $886,830.00 at an average hourly rate of $721.00. The staffing plan lists three directors, three associates and four paralegals with their average hourly rates.

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               Case 22-10951-CTG   Doc 531-6   Filed 02/14/23   Page 1 of 4




                                    EXHIBIT E
                               Budget and Staffing Plan




RLF1 28441241v.1
                 Case 22-10951-CTG               Doc 531-6        Filed 02/14/23        Page 2 of 4




                                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.                                   :
                                                             :
------------------------------------------------------------ x

                 BUDGET FOR RICHARDS, LAYTON & FINGER, P.A.,
                      AS CO-COUNSEL TO THE DEBTORS, FOR
          THE PERIOD FROM OCTOBER 3, 2022 THROUGH DECEMBER 31, 20222

Date Retention Approved: October 28, 2022 nunc pro tunc to October 3, 2022

Date Budget Approved by Client: This budget reflects an aggregation of budgets that were
provided to, and approved by, the Debtors and certain other estate professionals on a rolling basis
throughout the interim period.


                     PROJECT CATEGORY                                    ESTIMATED                 ESTIMATED
                                                                           HOURS                     FEES*


    Case Administration                                                        50                   $36,050.00
    Creditor Inquiries                                                         20                   $14,420.00
    Meetings                                                                  100                   $72,100.00
    Executory Contracts/Unexpired Leases                                       10                   $7,210.00

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
    This budget may be amended from time to time, including before, during, and after the compensation period
    described herein, as may be necessary to reflect changed circumstances or unexpected developments in these cases.
    Any such amended budget will be provided to the Debtors. This budget is only an estimate of the fees to be incurred
    and the hours to be billed for the compensation period, including within each project category, and is based solely
    on services anticipated to be rendered in light of circumstances known to RL&F at the time the budget was prepared.
    This budget shall not be deemed to limit or impose a cap on fees actually incurred or hours actually billed by RL&F.
    This budget also does not limit the ability of RL&F to perform those services necessary to represent the Debtors,
    and to be compensated for such services. Nor shall this budget restrict or restrain RL&F’s ability to seek approval
    of fees actually incurred that may be in excess of this budget.
              Case 22-10951-CTG              Doc 531-6       Filed 02/14/23        Page 3 of 4




                  PROJECT CATEGORY                                  ESTIMATED                ESTIMATED
                                                                      HOURS                    FEES*


 Automatic Stay/Adequate Protection                                       30                  $21,630.00
 Plan of Reorganization/Disclosure Statement                             200                 $144,200.00
 Use, Sale, Lease of Assets                                               10                  $7,210.00
 Cash Collateral/DIP Financing                                            50                  $36,050.00
 Claims Administration                                                    50                  $36,050.00
 Court Hearings                                                          250                 $180,250.00
 General Corporate/Real Estate                                             5                  $3,605.00

 Schedules/SOFA/U.S. Trustee Reports                                      80                  $57,680.00
 Employee Issues                                                          10                  $7,210.00
 Environmental                                                            10                  $7,210.00
 Tax Issues                                                               10                  $7,210.00
 Litigation/Adversary Proceedings                                        200                 $144,200.00
 RL&F Retention                                                           50                  $36,050.00
 Retention of Others                                                      50                  $36,050.00
 RL&F Fee Applications                                                    15                  $10,815.00
 Fee Applications of Others                                               15                  $10,815.00
 Vendor/Suppliers                                                          5                  $3,605.00
 Non-Working Travel                                                        0                     $0.00
 Utilities                                                                 5                  $3,605.00
 Insurance                                                                 5                  $3,605.00
 TOTAL                                                                 1,230.0               $886,830.00
*The estimated fees for each project category were calculated by multiplying the estimated number of hours by
$721.00, which is the average hourly rate for the RL&F attorneys expected to work on the matter during the budget
period as set forth in the accompanying Staffing Plan.




                                                       2
                 Case 22-10951-CTG              Doc 531-6        Filed 02/14/23        Page 4 of 4




                               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.                                   :
                                                             :
------------------------------------------------------------ x

                   STAFFING PLAN FOR RICHARDS, LAYTON & FINGER, P.A.,
                     AS CO-COUNSEL TO THE DEBTORS, FOR THE PERIOD
                    FROM OCTOBER 3, 2022 THROUGH DECEMBER 31, 20222

Date Retention Approved: October 28, 2022, nunc pro tunc to October 3, 2022

Date Staffing Plan Approved by Client: This staffing plan reflects an aggregation of staffing plans
that were provided to, and approved by, the Debtors and certain other estate professionals on a
rolling basis throughout the interim period.


                                                         NUMBER OF
                                                        TIMEKEEPERS
                                                     EXPECTED TO WORK                        AVERAGE
     CATEGORY OF TIMEKEEPER
                                                       ON THE MATTER                       HOURLY RATE
                                                     DURING THE BUDGET
                                                           PERIOD

                    Directors                                       3                             $941.67
                    Associates                                      3                             $500.00
                    Paralegals                                      4                             $315.00




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
    This staffing plan may be amended to reflect changed circumstances or unexpected developments. Any such
    amended staffing plan will be provided to the Debtors.




RLF1 28441241v.1


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