Certification of Counsel on Rule 2004 Order — In re Kabbage

Summary

Certification of Counsel Regarding Order Granting Motion of Debtors Pursuant to Federal Rule of Bankruptcy Procedure 2004 for Production of Documents from Financial Technology Partners LP and FTP Securities LLC, Doc 647 filed March 10, 2023 in In re 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 states that the Debtors filed the 2004 Motion [Docket No. 576] on February 24, 2023, with an objection deadline of March 3, 2023 at 4:00 p.m. (prevailing Eastern Time). It states that the Debtors received informal comments from FT Partners and no other responses, resolved the comments by revising the proposed order, and that FT Partners does not object to entry of the Revised Order. The certification is signed /s/ Robert C. Maddox of Richards, Layton & Finger, P.A.

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RLF1 28721918v.1
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE
------------------------------------------------------------ x

:

In re
:
Chapter 11

:

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

:

Debtors.1
:
:
:
:
(Jointly Administered)

RE:  D.I.  576, 577
------------------------------------------------------------ x

CERTIFICATION OF COUNSEL REGARDING ORDER GRANTING MOTION OF
DEBTORS PURSUANT TO FEDERAL RULE OF BANKRUPTCY PROCEDURE 2004
FOR PRODUCTION OF DOCUMENTS FROM FINANCIAL TECHNOLOGY
PARTNERS LP AND FTP SECURITIES LLC

The undersigned hereby certifies as follows:
1.
On February 24, 2023, the above-captioned debtors (collectively, the “Debtors”)
filed the Motion of Debtors Pursuant to Federal Rule of Bankruptcy Procedure 2004 for
Production of Documents from Financial Technology Partners LP and FTP Securities LLC
[Docket No. 576] (the “2004 Motion”)2 with the United States Bankruptcy Court for the District
of Delaware (the “Court”).  Attached to the 2004 Motion as Exhibit A was a proposed form of
order granting the relief requested in the 2004 Motion (the “Proposed Order”).
2.
Pursuant to the 2004 Motion objections were to be filed by no later than March 3,
2023 at 4:00 p.m. (prevailing Eastern Time) (the “Objection Deadline”).

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 otherwise defined herein shall have the meanings ascribed to them in the 2004
Motion.
Case 22-10951-CTG    Doc 647    Filed 03/10/23    Page 1 of 3

2
RLF1 28721918v.1
3.
Prior to the Objection Deadline, the Debtors received informal comments (the
“Comments”) from FT Partners regarding the Proposed Order.  Other than the Comments, the
Debtors received no other informal responses to the 2004 Motion, and no objection or responsive
pleading to the 2004 Motion has appeared on the Court’s docket in these chapter 11 cases.
4.
The Debtors have resolved the Comments by revising the Proposed Form of
Order consistent with FT Partners’ Comments.  The Debtors have prepared a modified form of
Proposed Order (the “Revised Order”) to reflect those revisions.  A copy of the Revised Order
is attached hereto as Exhibit 1.  For the convenience of the Court and all parties in interest, a
blackline comparison of the Revised Order against the Proposed Order is attached hereto as
Exhibit 2.
5.
The Revised Order has been circulated to counsel to FT Partners, and FT Partners
does not object to entry of the Revised Order.
WHEREFORE, the Debtors respectfully request that the Court enter the Revised
Order at its earliest convenience.

(Remainder of Page Intentionally Left Blank)

Case 22-10951-CTG    Doc 647    Filed 03/10/23    Page 2 of 3

RLF1 28721918v.1
Dated: March 10, 2023
Wilmington, Delaware

/s/ Robert C. Maddox
RICHARDS, LAYTON & FINGER, P.A.
Daniel J. DeFranceschi, Esq. (No. 2732)
Amanda R. Steele, Esq. (No. 5530)
Zachary I. Shapiro, Esq. (No. 5103)
Robert C. Maddox, Esq. (No. 5356)
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
            maddox@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 647    Filed 03/10/23    Page 3 of 3

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