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In re KServicing — Rieger-Paganis Certification (AlixPartners Interim/Final Fee App)

Date
2023-07-20

Summary

Exhibit A, the Certification of Deborah Rieger-Paganis, filed July 20, 2023 as Doc 915-2 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. The declarant, a Partner and Managing Director at AlixPartners, LLP, financial advisor to the debtors, states having reviewed the firm's joint Third Interim Fee Application for April 1, 2023 through June 20, 2023 and Final Fee Application for October 3, 2022 through June 20, 2023. It submits that the application substantially complies with Delaware Bankruptcy Rule 2016-2 and, to the best of the declarant's knowledge, information and belief, complies with the U.S. Trustee Guidelines under 11 U.S.C. § 330. It also states that AlixPartners makes no profit on reimbursable expenses and seeks third-party vendor costs only at the amount billed. The document is three pages.

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Full text

Case 22-10951-CTG   Doc 915-2   Filed 07/20/23   Page 1 of 3




                       Exhibit A

        Certification of Deborah Rieger-Paganis
                       Case 22-10951-CTG        Doc 915-2         Filed 07/20/23         Page 2 of 3




                                  UNITED STATES BANKRUPTCY COURT
                                   FOR THE DISTRICT OF DELAWARE


    In re:                                                        Chapter 11

    KABBAGE, INC. d/b/a KSERVICING, et al., 1                     Case No. 22-10951 (CTG)

                                  Debtors.                        (Jointly Administered)



                            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 located at 909 Third Avenue, New York, New York 10022. AlixPartners serves as financial

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

                  2.     I have reviewed AlixPartners, LLP’s Joint (i) Third Interim Fee Application for the

     Period from April 1, 2023 through June 20, 2023 and (ii) Final Fee Application for the Period

     from October 3, 2022 through June 20, 2023 for Allowance of Compensation for Professional

     Services Rendered and Reimbursement of Expenses Incurred as Financial Advisor to the Chapter 11

     Debtors (the “Application”).

                  3.     I have reviewed Delaware Bankruptcy Rule 2016-2 (the “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.
              Case 22-10951-CTG          Doc 915-2    Filed 07/20/23     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: July 20, 2023


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

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gov.uscourts.deb.188293.915.2.pdf
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Our copy
gov.uscourts.deb.188293.915.2.pdf
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