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In re Kabbage (KServicing) — Richards Layton & Finger Budget and Staffing Plan (Exhibit E)

Date
2023-05-15

Summary

Exhibit E, the budget and staffing plan for Richards, Layton & Finger, P.A. as co-counsel to the debtors, filed May 15, 2023 as Doc 824-5 in In re Kabbage, Inc. d/b/a KServicing, et al., Case No. 22-10951 (CTG), a jointly administered Chapter 11 case in the U.S. Bankruptcy Court for the District of Delaware. It covers the period from January 1, 2023 through March 31 and notes retention approved October 28, 2022 nunc pro tunc to October 3, 2022. The budget estimates fees by project category, including 500.0 hours and $421,250.00 for Plan of Reorganization/Disclosure Statement, for a total of 1,375.0 hours and $1,158,437.50 at an average rate of $842.5. The staffing plan lists three directors at $1,096.67, three associates at $588.33 and four paralegals at $375.00 average hourly rates.

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               Case 22-10951-CTG   Doc 824-5   Filed 05/15/23   Page 1 of 4




                                    EXHIBIT E
                               Budget and Staffing Plan




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                 Case 22-10951-CTG              Doc 824-5         Filed 05/15/23        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)
                                                             :
                                                             :          (Jointly Administered)
                             1
                  Debtors.                                   :
                                                             :
------------------------------------------------------------ x

                   BUDGET FOR RICHARDS, LAYTON & FINGER, P.A.,
                      AS CO-COUNSEL TO THE DEBTORS, FOR
             THE PERIOD FROM JANUARY 1, 2023 THROUGH MARCH 31, 20232

Date Retention Approved: October 28, 2022 nunc pro tunc to October 3, 2022

Date Budget Approved by Client: This budget reflects an aggregation of budgets that were
provided to, and approved by, the Debtors and certain other estate professionals on a rolling basis
throughout the interim period.


                     PROJECT CATEGORY                                    ESTIMATED                 ESTIMATED
                                                                           HOURS                     FEES*


    Case Administration                                                       20.0                  $16,850.00
    Creditor Inquiries                                                         5.0                  $4,212.50
    Meetings                                                                 100.0                  $84,250.00
    Executory Contracts/Unexpired Leases                                      35.0                  $29,487.50


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
    This budget may be amended from time to time, including before, during, and after the compensation period
    described herein, as may be necessary to reflect changed circumstances or unexpected developments in these cases.
    Any such amended budget will be provided to the Debtors. This budget is only an estimate of the fees to be incurred
    and the hours to be billed for the compensation period, including within each project category, and is based solely
    on services anticipated to be rendered in light of circumstances known to RL&F at the time the budget was prepared.
    This budget shall not be deemed to limit or impose a cap on fees actually incurred or hours actually billed by RL&F.
    This budget also does not limit the ability of RL&F to perform those services necessary to represent the Debtors,
    and to be compensated for such services. Nor shall this budget restrict or restrain RL&F’s ability to seek approval
    of fees actually incurred that may be in excess of this budget.



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               Case 22-10951-CTG              Doc 824-5        Filed 05/15/23         Page 3 of 4




                   PROJECT CATEGORY                                   ESTIMATED                 ESTIMATED
                                                                        HOURS                     FEES*


 Automatic Stay/Adequate Protection                                         5.0                   $4,212.50
 Plan of Reorganization/Disclosure Statement                               500.0                $421,250.00
 Use, Sale, Lease of Assets                                                10.0                   $8,425.00
 Cash Collateral/DIP Financing                                              5.0                   $4,212.50
 Claims Administration                                                     80.0                  $67,400.00
 Court Hearings                                                            350.0                $294,875.00
 General Corporate/Real Estate                                              5.0                   $4,212.50

 Schedules/SOFA/U.S. Trustee Reports                                       10.0                   $8,425.00
 Employee Issues                                                            5.0                   $4,212.50
 Environmental                                                              5.0                   $4,212.50
 Tax Issues                                                                 5.0                   $4,212.50
 Litigation/Adversary Proceedings                                          100.0                 $84,250.00
 RL&F Retention                                                             5.0                   $4,212.50
 Retention of Others                                                       10.0                   $8,425.00
 RL&F Fee Applications                                                     45.0                  $37,912.50
 Fee Applications of Others                                                60.0                  $50,550.00
 Vendor/Suppliers                                                           5.0                   $4,212.50
 Non-Working Travel                                                         0.0                     $0.00
 Utilities                                                                  5.0                   $4,212.50
 Insurance                                                                  5.0                   $4,212.50
 TOTAL                                                                   1,375.0               $1,158,437.50
*The estimated fees for each project category were calculated by multiplying the estimated number of hours by $842.5,
which is the average hourly rate for the RL&F attorneys expected to work on the matter during the budget period as
set forth in the accompanying Staffing Plan.




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                 Case 22-10951-CTG              Doc 824-5        Filed 05/15/23        Page 4 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)
                                                             :
                                                             :          (Jointly Administered)
                             1
                  Debtors.                                   :
                                                             :
------------------------------------------------------------ x

                   STAFFING PLAN FOR RICHARDS, LAYTON & FINGER, P.A.,
                     AS CO-COUNSEL TO THE DEBTORS, FOR THE PERIOD
                      FROM JANUARY 1, 2023 THROUGH MARCH 31, 20232

Date Retention Approved: October 28, 2022, nunc pro tunc to October 3, 2022

Date Staffing Plan Approved by Client: This staffing plan reflects an aggregation of staffing plans
that were provided to, and approved by, the Debtors and certain other estate professionals on a
rolling basis throughout the interim period.


                                                         NUMBER OF
                                                        TIMEKEEPERS
                                                     EXPECTED TO WORK                        AVERAGE
    CATEGORY OF TIMEKEEPER
                                                       ON THE MATTER                       HOURLY RATE
                                                     DURING THE BUDGET
                                                           PERIOD

                    Directors                                       3                           $1,096.67
                    Associates                                      3                            $588.33
                    Paralegals                                      4                            $375.00




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
    This staffing plan may be amended to reflect changed circumstances or unexpected developments. Any such
    amended staffing plan will be provided to the Debtors.




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