Kabbage - COC re Order Resolving Customers Bank 2004 Motion

Summary

Certification of counsel in In re Kabbage, Inc. d/b/a KServicing, et al., Chapter 11 Case No. 22-10951 (CTG), in the U.S. Bankruptcy Court for the District of Delaware, filed 03/28/23 as Doc 731, regarding the order on Customers Bank's motion under Bankruptcy Rule 2004 for production of documents and an oral examination. It states that Customers Bank filed the 2004 Motion [Docket No. 608] on March 6, 2023, and that after discussions the Debtors and Customers Bank agreed to entry of a proposed order, attached as Exhibit 1, resolving the motion. It states that Customers Bank does not object to entry of the proposed order and asks the Court to enter it at its earliest convenience. It is signed /s/ Matthew P. Milana of Richards, Layton & Finger, P.A., with Weil, Gotshal & Manges LLP, attorneys for the Debtors.

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RLF1 28764146v.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.  608
------------------------------------------------------------ x

CERTIFICATION OF COUNSEL REGARDING ORDER REGARDING
MOTION FOR AN ORDER PURSUANT TO BANKRUPTCY RULE 2004
DIRECTING PRODUCTION OF DOCUMENTS AND MATERIALS AND
APPEARANCE FOR ORAL EXAMINATION

The undersigned hereby certifies as follows:
1.
On March 6, 2023, Customers Bank (“CB”) filed the Motion for an Order
Pursuant to Bankruptcy Rule 2004 Directing Production of Documents and Materials and
Appearance for Oral Examination [Docket No. 608] (the “2004 Motion”)2 with the United
States Bankruptcy Court for the District of Delaware (the “Court”).
2.
Following the filing of the 2004 Motion, the Debtors and CB engaged in
discussions regarding the relief requested therein.  As a result of those discussions, the Debtors
and CB have agreed to entry of the proposed order attached hereto as Exhibit 1 (the “Proposed
Order”) resolving the 2004 Motion.  The Proposed Order has been circulated to counsel to CB,
and CB does not object to entry of the Proposed Order.

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 731    Filed 03/28/23    Page 1 of 2

2

RLF1 28764146v.1
WHEREFORE, the Debtors respectfully request that the Court enter the Proposed
Order at its earliest convenience.
Dated: March 28, 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 731    Filed 03/28/23    Page 2 of 2

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