Proposed Order Shortening Notice re Amex Kabbage Examination — In re Kabbage

Summary

This Exhibit A order, filed in the United States Bankruptcy Court for the District of Delaware in the Kabbage, Inc. d/b/a KServicing chapter 11 cases, shortens the notice and objection periods for the joint motion of Cross River Bank and Customers Bank for examination of American Express Kabbage Inc. under Bankruptcy Rule 2004. It orders that the Motion is granted and that the Examination Motion shall be heard at the hearing on March 20, 2023. Objections are due no later than March 15, 2023, and Cross River and Customers Bank may, but are not required to, file a joint reply on or before March 17, 2023. The Court retains exclusive jurisdiction over the implementation, interpretation and enforcement of the order.

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Full text

EXHIBIT A
Case 22-10951-CTG    Doc 625-1    Filed 03/08/23    Page 1 of 3

IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE
In re
KABBAGE, INC. d/b/a KSERVICING, et al.,
Debtors.1
Chapter 11
Case No. 22-10951 (CTG)
(Jointly Administered)
Re: ECF ____
ORDER SHORTENING NOTICE AND OBJECTION PERIODS FOR JOINT MOTION
OF CROSS RIVER BANK AND CUSTOMERS BANK FOR AN ORDER, PURSUANT
TO SECTION 105(a) OF THE BANKRUPTCY CODE, BANKRUPTCY RULE 2004,
AND LOCAL BANKRUPTCY RULE 2004-1, AUTHORIZING AND DIRECTING THE
EXAMINATION OF AMERICAN EXPRESS KABBAGE INC.
Upon the motion (the “Motion”)2 of Cross River Bank and Customers Bank, for the entry
of an order shortening the notice and objection periods for the Examination Motion, all as more
fully described in the Motion; and the Court having jurisdiction to consider the Motion and the
relief requested therein pursuant to 28 U.S.C. §§ 157(a)–(b) and 1334(b), and the Amended
Standing Order of Reference from the United States District Court for the District of Delaware,
dated February 29, 2012; and consideration of the Motion and the requested relief being a core
proceeding pursuant to 28 U.S.C. § 157(b); and venue being proper before this Court pursuant to
28 U.S.C. §§ 1408 and 1409; and due and proper notice of the Motion having been provided; and
such notice having been adequate and appropriate under the circumstances; and it appearing that
no other or further notice need be provided; and this Court having determined that the legal and
factual bases set forth in the Motion establish just cause for the relief granted herein; and upon
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) (collectively, the “Debtors”).
2
Capitalized terms used but not otherwise defined herein shall have the respective meanings ascribed to
them in the Motion.
Case 22-10951-CTG    Doc 625-1    Filed 03/08/23    Page 2 of 3

2
all of the proceedings had before the Court and after due deliberation and sufficient cause
appearing therefore,
IT IS HEREBY ORDERED THAT:
1.
The Motion is GRANTED as set forth herein.
2.
The Examination Motion shall be heard at the hearing on March 20, 2023 at
10:00 a.m. (Eastern Time).
3.
Objections, if any, to the relief requested in the Examination Motion shall be field
and served no later than March 15, 2023 at 4:00 p.m. (Eastern Time).
4.
Cross River and Customers Bank may (but are not required) to file a joint reply in
further support of the Examination Motion on or before March 17, 2023, at 12:00 noon
(Eastern Time).
5.
The Court retains exclusive jurisdiction with respect to all matters arising from or
related to the implementation, interpretation, and enforcement of this Order.
Case 22-10951-CTG    Doc 625-1    Filed 03/08/23    Page 3 of 3

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