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In re Kabbage — Rieger-Paganis Certification (AlixPartners First Interim Fee Application)

Date
2023-02-14

Summary

Exhibit A, filed February 14, 2023 as Doc 532-2 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 is the certification of Deborah Rieger-Paganis, a Partner and Managing Director at AlixPartners, LLP, the Debtors' financial advisor. The certification states that Rieger-Paganis reviewed the First Interim Fee Application for the period from October 3, 2022 through December 31, 2022 and that it substantially complies with Delaware Bankruptcy Rule 2016-2. It also states that, to the best of the declarant's knowledge, information and belief, the application complies with the U.S. Trustee Guidelines under 11 U.S.C. § 330 and that AlixPartners does not make a profit on reimbursed expenses. The document is three pages.

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Full text

Case 22-10951-CTG   Doc 532-2   Filed 02/14/23   Page 1 of 3




                       Exhibit A

        Certification of Deborah Rieger-Paganis




                           1
                   Case 22-10951-CTG            Doc 532-2         Filed 02/14/23         Page 2 of 3




                                UNITED STATES BANKRUPTCY COURT
                                 FOR THE DISTRICT OF DELAWARE


    In re:                                                        Chapter 11

    KABBAGE, INC. d/b/a KSERVICING, et al., 1                     Case No. 22-10951 (CTG)

                                Debtors.                          (Jointly Administered)



                         CERTIFICATION OF DEBORAH RIEGER-PAGANIS


             I, Deborah Rieger-Paganis, declare under the penalty of perjury as follows:

             1.     I am a Partner and Managing Director at AlixPartners, LLP (“AlixPartners”), with

offices located at 909 Third Avenue, New York, New York 10022. AlixPartners serves as financial

advisor to the above-captioned debtors (the “Debtors”).

             2.     I have reviewed the First Interim Fee Application of AlixPartners, LLP, Financial

Advisor to the Chapter 11 Debtors, for Allowance of Compensation for Professional Services

Rendered and for Reimbursement of Expenses Incurred for the Period from October 3, 2022 through

December 31, 2022 (the “Application”).

             3.     I have reviewed Delaware Bankruptcy Rule 2016-2 (the “Local Rule”) and submit

that the Application substantially complies with such Local Rule.




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 532-2   Filed 02/14/23     Page 3 of 3




       4.     To the best of my knowledge, information and belief formed after reasonable inquiry,

the Application complies with the United States Trustee Guidelines for Reviewing Applications for

Compensation and Reimbursement of Expenses Filed Under 11 U.S.C. § 330, adopted June 11, 2013

(the “U.S. Trustee Guidelines”).

       5.     AlixPartners’ fees and out-of-pocket expenses are billed in accordance with the

billing practices described below, and, except as otherwise indicated therein, fall within the U.S.

Trustee Guidelines. Except to the extent prohibited by the U.S. Trustee Guidelines, the fees and

out-of-pocket expenses sought herein have been billed in accordance with practices customarily

employed by AlixPartners and accepted by AlixPartners’ clients.

       6.     With respect to expenses and reimbursable services incurred for which

reimbursement is sought, AlixPartners:

                 1. Does not make a profit;

                 2. Does not include in the amount for which reimbursement is sought the
                    amortization of the cost of any investment, equipment or capital outlay; and

                 3. Seeks reimbursement of services purchased from or contracted for with a third-
                    party vendor only in the amount billed to AlixPartners by, and paid or to be paid
                    by AlixPartners to, the vendor.


       I certify, under penalty of perjury, that the foregoing statements made by me are true to the

best of my knowledge, information and belief.

Dated: February 14, 2023


                                             /s/ Deborah Rieger-Paganis
                                             By: Deborah Rieger-Paganis
                                                  Partner & Managing Director




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