In re Kabbage (KServicing) — Notice of Motion to Approve Loan Transfer Agreement with Lendistry and FRBSF
- Date
- 2023-04-06
Summary
A notice of motion and hearing filed March 23, 2023 as Doc 721-1 in In re Kabbage, Inc. d/b/a KServicing, et al., Case No. 22-10951 (CTG), jointly administered Chapter 11 cases in the U.S. Bankruptcy Court for the District of Delaware. It gives notice that the debtors filed a motion for an order authorizing and approving the Loan Transfer Agreement between KServing, Lendistry SBLC, LLC and the Federal Reserve Bank of San Francisco, and authorizing actions to facilitate transfer of certain servicing rights and obligations. Objections are due April 6, 2023 at 4:00 p.m. (ET), and any hearing will be held before The Honorable Craig T. Goldblatt on April 13, 2023 at 10:00 a.m. (ET). The three-page notice is signed by Richards, Layton & Finger, P.A., with Weil, Gotshal & Manges LLP also listed as attorneys for the debtors.
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Case 22-10951-CTG Doc 721-1 Filed 03/23/23 Page 1 of 3
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE 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 6, 2023 at 4:00 p.m. (ET)
: Hearing Date: April 13, 2023 at 10:00 a.m. (ET)
------------------------------------------------------------ x
NOTICE OF MOTION AND HEARING
PLEASE TAKE NOTICE that, on March 23, 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’ Motion for Entry of an Order (I) Authorizing
and Approving the Loan Transfer Agreement Between KServing, Lendistry SBLC, LLC, and the
Federal Reserve Bank of San Francisco; (II) Authorizing Debtors to Take All Actions to Facilitate
Transfer of Certain Servicing Rights and Obligations; and (III) Granting Related Relief (the
“Motion”) with the United States Bankruptcy Court for the District of Delaware (the “Court”).
PLEASE TAKE FURTHER NOTICE that objections or responses to the relief
requested in the Motion, if any, must be made in writing and filed with the Court on or before
April 6, 2023 at 4:00 p.m. (prevailing Eastern Time).
PLEASE TAKE FURTHER NOTICE that the hearing with respect to the Motion,
if required, will be held before The Honorable Craig T. Goldblatt at the Court, 824 North Market
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 28774222v.1
Case 22-10951-CTG Doc 721-1 Filed 03/23/23 Page 2 of 3
Street, 3rd Floor, Courtroom 7, Wilmington, Delaware 19801 on April 13, 2023 at 10:00 a.m.
(prevailing Eastern Time).
PLEASE TAKE FURTHER NOTICE THAT, IF NO OBJECTIONS TO THE
MOTION ARE TIMELY FILED, SERVED AND RECEIVED IN ACCORDANCE WITH
THIS NOTICE, THE COURT MAY GRANT THE RELIEF REQUESTED IN THE
MOTION WITHOUT FURTHER NOTICE OR HEARING.
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RLF1 28774222v.1
Case 22-10951-CTG Doc 721-1 Filed 03/23/23 Page 3 of 3
Dated: March 23, 2023
Wilmington, Delaware
/s/ Amanda R. Steele
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 28774222v.1
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