extended by agreement to March 2, 2023 at

Summary

A Second Amended Notice of Agenda, Doc 657, filed March 13, 2023 by the Debtors in the jointly administered Chapter 11 cases of 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 sets the agenda for a March 13, 2023 hearing at 11:00 A.M. before Judge Craig T. Goldblatt, held in person with limited Zoom appearances. The single matter is confirmation of the Amended Joint Chapter 11 Plan of Liquidation [Docket No. 627]; the notice lists the objections received, including those of the United States Trustee and Cross River Bank, along with related documents, witness lists and exhibit lists. The status section states that the confirmation hearing will go forward and that several objections have been resolved. It is signed by Richards, Layton & Finger, P.A. and Weil, Gotshal & Manges LLP as counsel for the Debtors.

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Case 22-10951-CTG Doc 657 Filed 03/13/23 Page 1 of 6

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)
:
:
Debtors. 1 : (Jointly Administered)
------------------------------------------------------------ x

SECOND AMENDED 2 NOTICE OF AGENDA FOR HEARING SCHEDULED
FOR MARCH 13, 2023 AT 11:00 A.M. (PREVAILING EASTERN TIME),
BEFORE THE HONORABLE CRAIG T. GOLDBLATT, AT THE UNITED
STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

PLEASE NOTE: THE HEARING WILL BEGIN AT 11:00 A.M. (ET)

THE HEARING WILL BE HELD IN-PERSON IN JUDGE GOLDBLATT’S
COURTROOM. ALL PARTIES, INCLUDING WITNESSES, ARE EXPECTED TO
ATTEND IN PERSON UNLESS PERMITTED TO APPEAR VIA ZOOM.
APPEARANCES AT IN-PERSON COURT PROCEEDINGS USING ZOOM ARE
ALLOWED ONLY IN THE FOLLOWING CIRCUMSTANCES: (I) A PARTY WHO
FILES A RESPONSIVE PLEADING INTENDS TO MAKE ONLY A LIMITED
ARGUMENT; (II) A PARTY WHO HAS NOT SUBMITTED A PLEADING BUT IS
INTERESTED IN OBSERVING THE HEARING; (III) A PARTY WHO HAS A GOOD
FAITH HEALTH-RELATED REASON AND HAS OBTAINED PERMISSION FROM
JUDGE GOLDBLATT’S CHAMBERS TO APPEAR REMOTELY, OR (IV) OTHER
EXTENUATING CIRCUMSTANCES AS DETERMINED BY JUDGE GOLDBLATT.
IF YOU INTEND TO APPEAR VIA ZOOM, YOU ARE
REQUIRED TO REGISTER IN ADVANCE.
PLEASE USE THE FOLLOWING ZOOM REGISTRATION LINK:

https://debuscourts.zoomgov.com/meeting/register/vJIsce2rpzwqHPfIwHZ2EJIBm8oIndIUrzM

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
Amended items appear in bold.

RLF1 28727968v.1
Case 22-10951-CTG Doc 657 Filed 03/13/23 Page 2 of 6

I. CONFIRMATION:

1. Amended Joint Chapter 11 Plan of Liquidation of Kabbage, Inc. (d/b/a KServicing) and
its Affiliated Debtors [Docket No. 627 – filed March 9, 2023]

Confirmation Objection/Response Deadline: February 28, 2023 at 4:00 p.m. (ET);
extended by agreement to March 2, 2023 at
4:00 p.m. (ET) for the Federal Reserve

Confirmation Objections/Responses Received:

A. Informal comments received from the Internal Revenue Service (the “IRS”)

B. Objection of Lead Plaintiffs and Putative Class Members to Confirmation of
Amended Joint Chapter 11 Plan of Kabbage, Inc. d/b/a KServicing and its Debtor
Affiliates [Docket No. 548 – filed February 21, 2023] (the “Carr Plaintiffs
Objection”)

C. United States Trustee’s Limited Objection to Amended Joint Chapter 11 Plan of
Liquidation of Kabbage, Inc. (d/b/a KServicing) and its Affiliated Debtors
[Docket No. 590 – filed February 28, 2023]

D. Objection of Paul Pietschner to Confirmation of Debtors’ Proposed Plan of
Liquidation [Docket No. 591 – filed February 28, 2023] (the “Pietschner
Objection”)

E. Limited Objection and Reservation of Rights of Cross River Bank to
Confirmation of Debtors’ Chapter 11 Plan [Docket No. 592 – filed February 28,
2023]

F. United States’ Reservation of Rights and Limited Objection to the Amended Joint
Chapter 11 Plan of Liquidation of Kabbage, Inc. (d/b/a KServicing) and its
Affiliated Debtors [Docket No. 593 – filed February 28, 2023]

G. Joinder of Customers Bank in Limited Objection and Reservation of Rights of
Cross River Bank to Confirmation of Debtors’ Chapter 11 Plan [Docket No. 594 –
filed February 28, 2023]

Initial Assumption Notice Objection Deadline: March 6, 2023 at 4:00 p.m. (ET);
extended by agreement for
Salesforce.com, Inc. and Tableau
Software, LLC to March 7, 2023 at
4:00 p.m. (ET)

Initial Assumption Notice Objections Received:

A. Informal response received from Salesforce.com, Inc. and Tableau Software, LLC

2
RLF1 28727968v.1
Case 22-10951-CTG Doc 657 Filed 03/13/23 Page 3 of 6

B. Limited Objection of Insperity PEO Services, L.P. to the Assumption of the
Service Agreement with the Debtors [Docket No. 607 – filed March 6, 2023]

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