Kabbage - Second Objection to Claims for Reclassification As Filed
- Date
- 2023-04-03
Summary
Doc 679-1, a Notice of Omnibus Objection and Hearing filed March 14, 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. It notifies claimants that the debtors filed their Second Omnibus Objection (Substantive) to Certain Misclassified Claims and that their claims may be reclassified. The notice sets a response deadline of April 3, 2023 at 4:00 p.m. and lists what a written response must contain, including the claim number, the basis for opposing the objection and supporting documentation. It states that without a timely response an order may be entered sustaining the objection, and that unresolved responses will be heard before Judge Craig T. Goldblatt on April 13, 2023. Richards, Layton & Finger, P.A. and Weil, Gotshal & Manges LLP sign as debtors' counsel.
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Case 22-10951-CTG Doc 679-1 Filed 03/14/23 Page 1 of 4
PLEASE CAREFULLY REVIEW THIS OBJECTION AND THE ATTACHMENTS HERETO
TO DETERMINE WHETHER THIS OBJECTION AFFECTS YOUR CLAIM.
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)
:
:
1
Debtors. : (Jointly Administered)
:
Obj. Deadline: April 3, 2023 at 4:00 p.m. (ET)
---------------------------------------------------------- x Hearing Date: April 13, 2023 at 10:00 a.m. (ET)
NOTICE OF OMNIBUS OBJECTION AND HEARING
PLEASE TAKE NOTICE that, on March 14, 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 Debtors’ Second Omnibus Objection (Substantive) to
Certain Misclassified Claims (the “Objection”) with the United States Bankruptcy Court for the
District of Delaware (the “Bankruptcy Court”). Your claim(s) may be reclassified as a result
of the Objection. Therefore, you should read the attached Objection carefully.
PLEASE TAKE FURTHER NOTICE THAT YOUR RIGHTS MAY BE
AFFECTED BY THE OBJECTION AND BY ANY FURTHER CLAIM OBJECTION
THAT MAY BE FILED BY THE DEBTORS. THE RELIEF SOUGHT HEREIN IS
WITHOUT PREJUDICE TO THE DEBTORS’ RIGHT TO PURSUE FURTHER
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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.
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Case 22-10951-CTG Doc 679-1 Filed 03/14/23 Page 2 of 4
OBJECTIONS AGAINST YOUR CLAIM(S) SUBJECT TO THE OBJECTION IN
ACCORDANCE WITH APPLICABLE LAW AND APPLICABLE ORDERS OF THE
BANKRUPTCY COURT.
PLEASE TAKE FURTHER NOTICE that if the holder of a claim that is the subject
of the Objection wishes to respond to the Objection, the holder must file a written response (each
a “Response”) with: (a) the Office of the Clerk of the United States Bankruptcy Court for the
District of Delaware, 824 North Market Street, 3rd Floor, Wilmington, Delaware 19801;
(b) Richards, Layton & Finger, P.A., One Rodney Square, 920 North King Street, Wilmington,
Delaware 19801, Attn: Zachary I. Shapiro (shapiro@rlf.com) and Amanda R. Steele
(steele@rlf.com); and (c) Weil, Gotshal & Manges LLP, 767 Fifth Avenue, New York, New
York 10153, Attn: Natasha S. Hwangpo (natasha.hwangpo@weil.com) and Lauren Castillo
(lauren.castillo@weil.com) on or before April 3, 2023 at 4:00 p.m. (Prevailing Eastern Time).
PLEASE TAKE FURTHER NOTICE that Responses to the Objection must
contain, at minimum, the following: (a) a caption setting forth the name of the Bankruptcy Court,
the name of the Debtor, the case number, and the title of the Objection to which the Response is
directed; (b) the name of the claimant, the claim number, and a description of the basis for the
amount of the claim; (c) the specific factual basis and supporting legal argument upon which the
party will reply in opposing the Objection; (d) all documentation and other evidence in support of
the claim, not previously filed with the Bankruptcy Court or the claims agent, upon which the
claimant will rely in opposing the Objection; and (e) the name, address, telephone number, fax
number, and/or email address of the person(s) (which may be the claimant or the claimant’s legal
representative) with whom counsel for the Debtors should communicate with respect to the claim
2
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Case 22-10951-CTG Doc 679-1 Filed 03/14/23 Page 3 of 4
subject to the Objection and who possesses authority to reconcile, settle, or otherwise resolve the
objection to the claim on behalf of the claimant.
PLEASE TAKE FURTHER NOTICE that if no Response to the Objection is timely
filed and received in accordance with the above procedures, an order may be entered sustaining
the Objection without further notice or a hearing. If a Response is properly filed, served, and
received in accordance with the above procedures and such Response is not resolved, a hearing to
consider such Response and the Objection will be held before the Honorable Craig T. Goldblatt,
United States Bankruptcy Judge for the District of Delaware, at the Bankruptcy Court, 824 North
Market Street, 3rd Floor, Courtroom 7, Wilmington, Delaware 19801 on April 13, 2023 at 10:00
a.m. (Prevailing Eastern Time) (the “Hearing”). Only a Response made in writing and timely
filed will be considered by the Bankruptcy Court at the Hearing.
IF YOU FAIL TO RESPOND IN ACCORDANCE WITH THIS NOTICE,
THE BANKRUPTCY COURT MAY SUSTAIN THE OBJECTION WITHOUT FURTHER
NOTICE OR HEARING.
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Case 22-10951-CTG Doc 679-1 Filed 03/14/23 Page 4 of 4
Dated: March 14, 2023
Wilmington, Delaware
/s/ Matthew P. Milana
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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