Trinity - First Interim Fee Application (October - December 2022)
- Date
- 2023-03-06
Summary
Exhibit H, filed February 14, 2023 as Doc 530-9 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 is the certification of Candace M. Arthur, a partner at Weil, Gotshal & Manges LLP, in support of the firm's first interim fee application as counsel to the Debtors for October 3, 2022 through December 31, 2022. The certification states that the application complies with the Interim Compensation Order [Docket No. 136], the U.S. Trustee Guidelines under 11 U.S.C. § 330 and Local Rules 2016-1 and 2016-2. It reports that thirty-three professionals are included and that Weil voluntarily reduced its fees and expenses by $64,813.81. It then answers six U.S. Trustee Guidelines questions on rates, budget variance and billing. The objection deadline is March 6, 2023 and the hearing March 22, 2023.
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Case 22-10951-CTG Doc 530-9 Filed 02/14/23 Page 1 of 4
Exhibit H
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. :
:
: Obj. Deadline: March 6, 2023 at 4:00 p.m. (ET)
------------------------------------------------------------ x Hearing: March 22, 2023 at 10:00 a.m. (ET)
CERTIFICATION OF CANDACE M. ARTHUR IN SUPPORT OF
FIRST INTERIM FEE APPLICATION OF WEIL, GOTSHAL & MANGES LLP
1. I am a Partner with the applicant firm, Weil, Gotshal & Manges LLP
(“Applicant”), and have been admitted to appear before this Court.
2. I make this certification regarding the Applicant’s first interim application
for payment of compensation and reimbursement of expenses (the “Interim Fee Application”)
for the period October 3, 2022 through December 31, 2022 (the “Interim Fee Period”) to certify
to certain matters addressed in the Order Establishing Procedures for Interim Compensation and
Reimbursement of Expenses of Professionals [Docket No. 136] (the “Interim Compensation
Order”).2
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 herein defined shall have the meanings ascribed to such terms in the Interim
Compensation Order.
WEIL:\99000949\6\55894.0003
Case 22-10951-CTG Doc 530-9 Filed 02/14/23 Page 2 of 4
3. I have personally performed many of the legal services rendered by the
Applicant as counsel to the Debtors and Debtors in possession (the “Debtors”) and am thoroughly
familiar with the other work performed on behalf of the Debtors by the lawyers in the firm.
4. Pursuant to the Interim Compensation Order, the Court authorized the
Applicant to file this Interim Fee Application, which has been prepared in accordance with the
procedures set forth in both the Interim Compensation Order and 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”).
5. I have reviewed this Interim Fee Application, including each Monthly Fee
Statement relating to the Interim Fee Period covered by the Interim Fee Application, and I 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. Moreover, I have
reviewed Local Rules 2016-1 and 2016-2, and submit that this Interim Fee Application complies
with such rules.
Disclosures Pursuant to the Revised U.S. Trustee Guidelines
6. The Court authorized the Debtors to retain the Applicant as its attorneys in
this chapter 11 case pursuant to an order entered on October 21, 2022 [Docket No. 137]
(the “Retention Order”).
7. Thirty-three (33) professionals are included in this Interim Fee Application.
Of those thirty-three (33) professionals, ten (10) billed fewer than fifteen (15) hours during the
Interim Fee Period.
8. The Applicant discussed its rates, fees, and staffing plan with the Debtors
at the outset of its engagement and throughout this case.
2
WEIL:\99000949\6\55894.0003
Case 22-10951-CTG Doc 530-9 Filed 02/14/23 Page 3 of 4
9. Weil voluntarily reduced its fees and expenses for the Interim Fee Period
by $64,813.81 in connection with filing the Debtors’ Monthly Fee Statements.
10. In accordance with the U.S. Trustee Guidelines, Weil responds to the
questions identified therein as follows:
Question 1: Did Weil agree to any variations from, or alternatives to, Weil’s
standard or customary billing rates, fees or terms for services pertaining to this
engagement that were provided during the Interim Fee 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 Interim Fee Period are higher by 10% or more, did Weil
discuss the reasons for the variation with the client?
Answer: The fees sought in this Interim Fee Application do not
exceed the fees budgeted for the time period covered by this Interim Fee
Application by 10% or more.
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: Any time expended for such matters during the Interim Fee
Period is included under task code 27
Question 5: Does the Interim Fee Application include time or fees for reviewing
time records to redact any privileged or other confidential information? If so,
please quantify hours and fees.
Answer: Any time expended for such matters during the Interim Fee
Period is included under task code 27
3
WEIL:\99000949\6\55894.0003
Case 22-10951-CTG Doc 530-9 Filed 02/14/23 Page 4 of 4
Question 6: Does the Interim Fee Application include any rate increases since
Weil’s retention in these cases?
Answer: No
Dated: February 13, 2023 /s/ Candace M. Arthur
New York, New York Candace M. Arthur
4
WEIL:\99000949\6\55894.0003
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