Kabbage - COC re Further Revised Confirmation Order
- Date
- 2023-03-15
Summary
Doc 680-2, filed March 15, 2023 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, is Exhibit B, a form of Notice of (I) Entry of Order Confirming Amended Joint Chapter 11 Plan of Liquidation and (II) Effective Date. The form leaves the docket number, Effective Date and bar dates as blanks to be completed. It sets out what a request for payment of Administrative Expense Claims must include and states that late requests will be forever barred. It notes the Schedule of Rejected Contracts filed as Docket No. 613 on March 6, 2023 and describes the deadline for rejection damages claims under Section 8.3 of the Plan. The form is four pages and lists Richards, Layton & Finger, P.A. and Weil, Gotshal & Manges LLP as attorneys for the Debtors.
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Case 22-10951-CTG Doc 680-2 Filed 03/15/23 Page 1 of 4
Exhibit B
Notice of Effective Date
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Case 22-10951-CTG Doc 680-2 Filed 03/15/23 Page 2 of 4
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)
: Re: Docket Nos. __
------------------------------------------------------------ x
NOTICE OF (I) ENTRY OF ORDER CONFIRMING AMENDED JOINT CHAPTER
11 PLAN OF LIQUIDATION OF KABBAGE, INC. (d/b/a KSERVICING)
AND ITS AFFILIATED DEBTORS AND (II) EFFECTIVE DATE
PLEASE TAKE NOTICE that on [March 13], 2023, the United States
Bankruptcy Court for the District of Delaware (the “Bankruptcy Court”) entered an order
[Docket No. [•]] (the “Confirmation Order”) confirming the Amended Joint Chapter 11 Plan of
Liquidation of Kabbage, Inc. (d/b/a KServicing) and Its Affiliated Debtors attached to the
Confirmation Order as Exhibit A thereto (as amended, modified, or supplemented, the “Plan”).2
PLEASE TAKE FURTHER NOTICE that the Effective Date of the Plan was [•],
2023.
PLEASE TAKE FURTHER NOTICE that, unless otherwise provided by the
Plan, the Cash Collateral Order, the Confirmation Order, or any other applicable order of the
Bankruptcy Court, or agreed to by the holder of an Allowed Administrative Expense Claim and
the Debtors or the Wind Down Estates, as applicable, all requests for payment of Administrative
Expense Claims must be filed with the Bankruptcy Court and served on the Debtors and the Wind
Down Officer (as the case may be), the Claims and Noticing Agent, and the U.S. Trustee no later
than [_____], 2023(the “Administrative Expense Claims Bar Date”). Such proof of
Administrative Expense Claim must include at a minimum: (i) the name of the applicable Debtor
that is purported to be liable for the Administrative Expense Claim and if the Administrative
Expense Claim is asserted against more than one Debtor, the exact amount asserted to be owed by
each such Debtor; (ii) the name of the holder of the Administrative Expense Claim; (iii) the
asserted amount of the Administrative Expense Claim; (iv) the basis of the Administrative Expense
Claim; and (v) supporting documentation for the Administrative Expense Claim.
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 such terms in the Plan.
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Case 22-10951-CTG Doc 680-2 Filed 03/15/23 Page 3 of 4
PLEASE TAKE FURTHER NOTICE that holders of Administrative Expense
Claims that are required to file and serve a request for payment of such Administrative
Expense Claims that do not file and serve such a request by the Administrative Expense
Claims Bar Date shall be forever barred and disallowed from asserting such Administrative
Expense Claims against the Debtors, the Wind Down Estates, or their respective property or
interests.
PLEASE TAKE FURTHER NOTICE that the Debtors filed the Schedule of
Rejected Contracts [Docket No. 613] on March 6, 2023, which includes a list of intellectual property
contracts, licenses, royalties, or other similar agreements (collectively, the “Rejected IP Agreements”)
that will be rejected pursuant to the Plan on the Effective Date. In addition to the Rejected IP
Agreements, all executory contracts and unexpired leases to which any of the Debtors are parties shall be
deemed rejected, unless such contract or lease (i) was previously assumed or rejected by the Debtors
pursuant to an order of the Bankruptcy Court; (ii) previously expired or terminated pursuant to its own
terms or by agreement of the parties thereto; (iii) is the subject of a motion to assume filed by the Debtors
on or before the Confirmation Date; (iv) is identified in Sections 8.4 and 8.6 of the Plan (other than the
Rejected IP Agreements, which shall be rejected pursuant to the Plan); or (v) is identified for assumption
on the Assumption Schedule included in the Plan Supplement. In accordance with Section 8.3 of the
Plan, in the event the rejection of an executory contract or unexpired lease, solely pursuant to the
Plan, results in damages to the other party or parties to such contract or lease, a Proof of Claim on
account of such rejection damages Claim must be filed by [____], 2023 (the “Rejection Damages
Bar Date”).
PLEASE TAKE FURTHER NOTICE that any such rejection damages Claim
will be forever barred and will not be enforceable against the Debtors, the Wind Down
Estates, or their respective property unless a Proof of Claim is timely filed by the Rejection
Damages Bar Date, unless otherwise expressly allowed by the Court.
PLEASE TAKE FURTHER NOTICE that all documents filed with the Bankruptcy
Court in connection with the above-captioned chapter 11 cases, including the Assumption
Schedule, the Rejection Schedule, the Plan and the Confirmation Order, may be viewed free of
charge by visiting the website maintained by the Debtors’ claims, noticing and solicitation agent,
Omni Agent Solutions, Inc. (“Omni”), at http://www.omniagentsolutions.com/kservicing. Copies
of all such documents may also be obtained by contacting Omni (i) in writing at Kabbage, Inc.
d/b/a KServicing, et al., c/o Omni Agent Solutions, 5955 De Soto Ave., Suite 100, Woodland
Hills, CA 91367, (ii) by email at kservicinginquiries@omniagnt.com, or (iii) by telephone at 866-
956-2138 (U.S. & Canada toll free) or 747-226-5953 (international). You may also obtain copies
of any pleadings filed in these chapter 11 cases for a fee via PACER at
http://www.deb.uscourts.gov.
PLEASE TAKE FURTHER NOTICE that the Plan and the provisions thereof
are binding on the Debtors, the Wind Down Estates, any holder of a Claim against, or Interest in,
the Debtors and such holder’s respective successors and assigns, whether or not the Claim or
Interest of such holder is impaired under the Plan and whether or not such holder voted to accept
the Plan.
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Case 22-10951-CTG Doc 680-2 Filed 03/15/23 Page 4 of 4
RICHARDS, LAYTON & FINGER, P.A.
Daniel J. DeFranceschi, Esq. (No. 2732)
Amanda R. Steele (No. 5530)
Zachary I. Shapiro (No. 5103)
Matthew P. Milana (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 (admitted pro hac vice)
Candace M. Arthur (admitted pro hac vice)
Natasha S. Hwangpo (admitted pro hac vice)
Chase A. Bentley (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
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