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

Summary

Exhibit H, filed February 14, 2023 as Doc 531-9 in the jointly administered 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 is a certification regarding the First Interim Fee Application Request of Richards, Layton & Finger, P.A., co-counsel to the Debtors, signed by Amanda R. Steele, a director of the firm. The certification states that the application and monthly fee applications comply with the Interim Compensation Order [Docket No. 136], the Bankruptcy Code and the applicable rules. It answers six questions from the U.S. Trustee Guidelines under 11 U.S.C. § 330, stating among other things that the firm agreed to no billing rate variations and included no rate increases.

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               Case 22-10951-CTG    Doc 531-9    Filed 02/14/23   Page 1 of 4




                                        Exhibit H


                      Certification Regarding Interim Fee Application




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                 Case 22-10951-CTG              Doc 531-9        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

                         CERTIFICATION REGARDING
                 FIRST INTERIM FEE APPLICATION REQUEST OF
       RICHARDS, LAYTON & FINGER, P.A., AS CO-COUNSEL TO THE DEBTORS

           1.       I am an attorney admitted to practice in the State of Delaware and before this Court,

and a director with the law firm of Richards, Layton & Finger, P.A. (“RL&F”). RL&F is a

Delaware law firm with an office at One Rodney Square, 920 North King Street, Wilmington,

Delaware 19801.

           2.       I make this certification regarding the First Interim Fee Application Request of

Richards, Layton & Finger, P.A. (the “Interim Fee Application”) to certify to certain matters

addressed in the Order Establishing Procedures for Interim Compensation and Reimbursement of

Expenses of Professionals, dated October 21, 2022 [Docket No. 136] (the “Interim

Compensation Order”).2

           3.       Specifically, I have reviewed the Interim Fee Application, including each Monthly

Fee Application relating to the Interim Fee Period covered by the Interim Fee Application, and I


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 meanings ascribed to them in the Interim Compensation
    Order.


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hereby certify that such applications comply with the Interim Compensation Order and the

applicable provisions of the Bankruptcy Code, the Bankruptcy Rules and the Local Rules. In

addition, I hereby certify that, in accordance with the Interim Compensation Order, and in

connection with preparing the Interim Fee Application, RL&F has made a reasonable effort to

comply with the U.S. Trustee’s requests for information and additional disclosures set forth in the

Guidelines for Reviewing Applications for Compensation and Reimbursement of Expenses Filed

under 11 U.S.C. § 330 by Attorneys in Larger Chapter 11 Cases, effective November 1, 2013 (the

“U.S. Trustee Guidelines”). To that end, RL&F specifically responds to certain questions

identified in the U.S. Trustee Guidelines as follows:

       Question 1: Did RL&F agree to any variations from, or alternatives to, RL&F’s standard
       or customary billing rates, fees or terms for services pertaining to this engagement that
       were provided during the application period? If so, please explain.


               Answer:        No.

       Question 2: If the fees sought in the Interim Fee Application as compared to the fees
       budgeted for the time period covered by the Application are higher by 10% or more, did
       RL&F discuss the reasons for the variation with the client?


               Answer:        N/A.

       Question 3: Have any of the professionals included in the Interim Fee Application varied
       their hourly rate based on geographic location of the bankruptcy case?


               Answer:        No.

       Question 4: Does the Interim Fee Application include time or fees related to reviewing
       or revising time records or preparing, reviewing or revising invoices?


               Answer:        All time included in project category R-1 during the Interim Fee

Period by RL&F professionals was on account of reviewing and revising RL&F’s Monthly Fee



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Applications for such period, which may include reviewing and revising the relevant time detail

attached to each such application.

       Question 5: Does the Interim Fee Application include time for fees for reviewing time
       records to redact any privileged or other confidential information? If so, please quantify
       hours and fees.


               Answer:        No.

       Question 6: Did the Interim Fee Application include any rate increases since retention
       in these cases:


               Answer:        No.

                       i.     Did the client agree when retaining RL&F to accept all future rate
       increases? If not, did RL&F inform the client that they need not agree to modified rates or
       terms in order to have you continue the representation, consistent with ABA Formal Ethics
       Opinion 11-458?

               Answer:        The client was notified at the outset of the engagement that RL&F’s

       hourly rates are reviewed and revised from time to time.



                                            /s/ Amanda R. Steele
                                            Amanda R. Steele (No. 5530)




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