Full text
RLF1 28597550v.1
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE
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:
In re
:
Chapter 11
:
KABBAGE, INC. d/b/a KSERVICING, et al., :
Case No. 22-10951 (CTG)
:
Debtors.1
:
(Jointly Administered)
:
:
:
Rule 3018 Motion Deadline:
February 21, 2023 at 4:00 p.m. (ET)
:
Rule 3018 Obj. Deadline: February 28, 2023
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NOTICE OF OBJECTION AND HEARING
THIS OBJECTION IS BEING FILED PURSUANT TO THE COURT’S DISCLOSURE
STATEMENT ORDER AND OBJECTS TO CERTAIN CLAIMS ON SCHEDULE 1
ATTACHED TO THIS OBJECTION SOLELY FOR VOTING PURPOSES. IF YOU
BELIEVE YOU HAVE AN OBJECTION TO THE RELIEF REQUESTED HEREIN,
YOU MUST FILE A RULE 3018(a) MOTION IN ACCORDANCE WITH THE
DISCLOSURE STATEMENT ORDER AND PARAGRAPH 19 OF THIS OBJECTION.
THE RELIEF SOUGHT IN THIS OBJECTION IS WITHOUT PREJUDICE TO THE
DEBTORS’ RIGHTS TO PURSUE FURTHER OBJECTIONS TO THE CLAIMS LISTED
ON SCHEDULE 1 ON ANY SUBSTANTIVE AND/OR NON-SUBSTANTIVE GROUNDS.
PLEASE TAKE NOTICE that, on February 14, 2023, Kabbage, Inc. d/b/a
KServicing and its debtor affiliates, as debtors and debtors in possession in the above-captioned
chapter 11 cases (collectively, the “Debtors”), filed the Debtors’ Objection for Temporary
Disallowance of Claims Filed by Cole Ratias Solely for Voting Purposes (the “Objection”) with
the United States Bankruptcy Court for the District of Delaware (the “Court”).
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.
Case 22-10951-CTG Doc 536-1 Filed 02/14/23 Page 1 of 3
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RLF1 28597550v.1
PLEASE TAKE FURTHER NOTICE that if a holder of a claim subject to the
Objection seeks to challenge the temporary disallowance of such claim or claims for voting
purposes, such party must file and serve a motion, pursuant to Rule 3018(a) of the Federal Rules
of Bankruptcy Procedure, for an order temporarily allowing such claim or claims for purposes of
voting to accept or reject the Plan (a “Rule 3018(a) Motion”) by February 21, 2023 at 4:00 p.m.
(Prevailing Eastern Time).
PLEASE TAKE FURTHER NOTICE that any response to a Rule 3018(a) Motion
must be filed by February 28, 2023, and any Rule 3018(a) Motions and related responses will be
considered at the Confirmation Hearing before The Honorable Craig T. Goldblatt at the Court, 824
North Market Street, 3rd Floor, Courtroom 7, Wilmington, Delaware 19801 on March 13, 2023 at
10:00 a.m. (Prevailing Eastern Time).
PLEASE TAKE FURTHER NOTICE THAT, IF NO 3018(a) MOTIONS IN
RESPONSE TO THE OBJECTION ARE TIMELY FILED, SERVED AND RECEIVED IN
ACCORDANCE WITH THIS NOTICE, THE COURT MAY GRANT THE RELIEF
REQUESTED IN THE OBJECTION WITHOUT FURTHER NOTICE OR HEARING.
Case 22-10951-CTG Doc 536-1 Filed 02/14/23 Page 2 of 3
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RLF1 28597550v.1
Dated: February 14, 2023
Wilmington, Delaware
/s/ Matthew P. Milana
RICHARDS, LAYTON & FINGER, P.A.
Daniel J. DeFranceschi, Esq. (No. 2732)
Amanda R. Steele, Esq. (No. 5530)
Zachary I. Shapiro, Esq. (No. 5103)
Matthew P. Milana, Esq. (No. 6681)
One Rodney Square
920 North King Street
Wilmington, Delaware 19801
Telephone: (302) 651-7700
E-mail: defranceschi@rlf.com
steele@rlf.com
shapiro@rlf.com
milana@rlf.com
-and-
WEIL, GOTSHAL & MANGES LLP
Ray C. Schrock, Esq. (admitted pro hac vice)
Candace M. Arthur, Esq. (admitted pro hac vice)
Natasha S. Hwangpo, Esq. (admitted pro hac vice)
Chase A. Bentley, Esq. (admitted pro hac vice)
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
Attorneys for Debtors and Debtors in Possession
Case 22-10951-CTG Doc 536-1 Filed 02/14/23 Page 3 of 3