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In re Kabbage (KServicing) — Certification of Deborah Rieger-Paganis re AlixPartners Fee Application

Date
2023-03-29

Summary

Doc 736-4, filed March 29, 2023 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, is Exhibit C, the Certification of Deborah Rieger-Paganis. Rieger-Paganis, a Partner and Managing Director at AlixPartners, LLP, financial advisor to the Debtors, declares having reviewed its Fifth Monthly Fee Application for February 1, 2023 through February 28, 2023. The certification states that the application substantially complies with Local Rule 2016-2 and, to the best of the declarant's knowledge, information and belief, with the U.S. Trustee Guidelines for applications under 11 U.S.C. § 330. It adds that AlixPartners does not make a profit on reimbursable expenses, excludes amortization of capital outlays, and passes through third-party vendor charges at the amount billed.

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Full text

Case 22-10951-CTG   Doc 736-4   Filed 03/29/23   Page 1 of 3




                      Exhibit C

       Certification of Deborah Rieger-Paganis
                   Case 22-10951-CTG             Doc 736-4        Filed 03/29/23         Page 2 of 3




                           IN THE UNITED STATES BANKRUPTCY COURT
                                FOR THE DISTRICT OF DELAWARE

                                                                   Chapter 11
    In re:
                                                                   Case No. 22-10951 (CTG)
                                                          1
    KABBAGE, INC. d/b/a KSERVICING et. al.,
                                                                   (Jointly Administered)
                                 Debtors.



                         CERTIFICATION OF DEBORAH RIEGER-PAGANIS


             I, Deborah Rieger-Paganis, declare under the penalty of perjury as follows:

             1.     I am a Partner and Managing Director at AlixPartners, LLP (“AlixPartners”), with

offices at 909 Third Avenue, 28th Floor, New York, New York 10022. AlixPartners serves as

financial advisor to the above-captioned debtors (the “Debtors”).

             2.     I have reviewed the Fifth Monthly Fee Application of AlixPartners, LLP, Financial

Advisor to the Chapter 11 Debtors, for Allowance of Compensation for Services Rendered and for

Reimbursement of Expenses for the Period from February 1, 2023 through February 28, 2023 (the

“Application”).

             3.     I have reviewed Rule 2016-2 of the Local Rules of Bankruptcy Practice and

Procedure of the United States Bankruptcy Court for the District of Delaware (“Local Rule”) and

submit that the Application substantially complies with such Local Rule.

             4.     To the best of my knowledge, information and belief formed after reasonable inquiry,


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.

                                                              1
              Case 22-10951-CTG          Doc 736-4    Filed 03/29/23     Page 3 of 3




the Application complies with the United States Trustee Guidelines for Reviewing Applications for

Compensation and Reimbursement of Expenses Filed Under 11 U.S.C. § 330, adopted June 11, 2013

(the “U.S. Trustee Guidelines”).

       5.      AlixPartners’ fees and out-of-pocket expenses are billed in accordance with the

billing practices described below, and except as otherwise indicated therein fall within the U.S.

Trustee Guidelines. Except to the extent prohibited by the U.S. Trustee Guidelines, the fees and out-

of-pocket expenses sought herein have been billed in accordance with practices customarily

employed by AlixPartners and accepted by AlixPartners’ clients.

       6.      With respect to expenses and reimbursable services incurred for which

reimbursement is sought, AlixPartners:

                  1. Does not make a profit;

                  2. Does not include in the amount for which reimbursement is sought the
                     amortization of the cost of any investment, equipment or capital outlay; and

                  3. Seeks reimbursement of services purchased from or contracted for with a third-
                     party vendor only in the amount billed to AlixPartners by and paid or to be paid
                     by AlixPartners to the vendor.


       I certify, under penalty of perjury, that the foregoing statements made by me are true to the

best of my knowledge, information and belief.

Dated: March 29, 2023


                                             /s/ Deborah Rieger-Paganis
                                             By: Deborah Rieger-Paganis
                                                  Partner & Managing Director




                                                  2


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