Kabbage - COC re Further Revised Confirmation Order

Date: 2023-03-09

Summary

A certification of counsel regarding the confirmation order, filed March 14, 2023 as Doc 674 by the debtors 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 recounts the filing of the Amended Joint Chapter 11 Plan of Liquidation on March 9, 2023 [Docket No. 627], a revised proposed confirmation order on March 12, 2023 [Docket No. 655], and the confirmation hearing held March 13, 2023. The debtors attach a further Revised Confirmation Order as Exhibit 1, a redline against the proposed order as Exhibit 2, and a changed-pages comparison of the Revised Amended Plan as Exhibit 3. The certification states that the U.S. Trustee and counsel to the Federal Reserve Bank of San Francisco and Cross River Bank do not object, and asks the court to enter the order.

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Cite this document

“Kabbage - COC re Further Revised Confirmation Order.” Original at archive.org, dated 2023-03-09. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2023-03-09-kservicing-bankruptcy-b86aaf84-1/, SHA-256 b86aaf841043771438004d89e7b031116326e0170dc19d2e1cfcea192b5310b7.

Full text

Case 22-10951-CTG Doc 674 Filed 03/14/23 Page 1 of 3

UNITED STATES BANKRUPTCY COURT
DISTRICT OF DELAWARE

------------------------------------------------------------ x
: Chapter 11
In re :
: Case No. 22-10951 (CTG)
KABBAGE, INC. d/b/a KSERVICING, et al., :
: (Jointly Administered)
1
Debtors. :
:
: Re: Docket No. 627, 632 & 655
------------------------------------------------------------ x
CERTIFICATION OF COUNSEL
REGARDING CONFIRMATION ORDER

PLEASE TAKE NOTICE that, on March 9, 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 Amended Joint Chapter 11 Plan of

Liquidation of Kabbage, Inc. (d/b/a KServicing) and Its Affiliated Debtors [Docket No. 627]

(including all exhibits and supplements thereto, and as modified or amended from time to time,

the “Amended Plan”) with the United States Bankruptcy Court for the District of Delaware (the

“Court”).

PLEASE TAKE FURTHER NOTICE that, on March 12, 2023, the Debtors filed

a revised form of order confirming the Amended Plan [Docket No. 655] (the “Proposed

Confirmation Order”).

PLEASE TAKE FURTHER NOTICE that, on March 13, 2023, the Court held a

hearing (the “Hearing”) to consider, among other things, confirmation of the Amended Plan.

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.

RLF1 28730491v.1
Case 22-10951-CTG Doc 674 Filed 03/14/23 Page 2 of 3

Consistent with the Court’s ruling at the Hearing and to memorialize certain agreements between

the Debtors and certain parties in interest, the Debtors have prepared a further revised form of the

Proposed Confirmation Order (the “Revised Confirmation Order”), attached hereto as Exhibit

1, and a revised Amended Plan (the “Revised Amended Plan”), attached to the Revised

Confirmation Order as Exhibit A thereto. The Revised Confirmation Order and the Revised

Amended Plan have been circulated to the Office of the United States Trustee for the District of

Delaware, and counsel to the Federal Reserve Bank of San Francisco and Cross River Bank, and

the aforementioned parties do not object to the entry of the Revised Confirmation Order and the

confirmation of the Revised Amended Plan. For the convenience of the Court and all parties in

interest, a redline comparison of the Revised Confirmation Order marked against the Proposed

Confirmation Order is attached hereto as Exhibit 2, and a changed-pages-only comparison of the

Revised Amended Plan marked against the Amended Plan is attached hereto as Exhibit 3.

[Remainder of page intentionally left blank]

2
RLF1 28730491v.1
Case 22-10951-CTG Doc 674 Filed 03/14/23 Page 3 of 3

WHEREFORE the Debtors respectfully request that the Revised Confirmation

Order be entered at the earliest convenience of the Court.

Dated: March 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

3
RLF1 28730491v.1

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File: gov.uscourts.deb.188293.674.0.pdf
Size: 174,901 bytes
SHA-256: b86aaf841043771438004d89e7b031116326e0170dc19d2e1cfcea192b5310b7
Our copy: gov.uscourts.deb.188293.674.0.pdf
Original: archive.org