Proposed Order (Exhibit A) — Kabbage, Inc. d/b/a KServicing, et al. (Case 22-10951-CTG, Doc 928-2)

Date: 2023-07-26

Summary

Doc 928-2, filed July 26, 2023 as Exhibit A 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 is a proposed order terminating Omni Agent Solutions, Inc. as claims and noticing agent effective July 26, 2023 and directing delivery of claims and claims records. The proposed order would relieve Omni of further responsibility and terminate its contract, and would require Omni to deliver original proofs of claim, the claims register and imaged claims to the Post-Confirmation Debtors and Stretto, Inc. on or before August 25, 2023. It would also direct Omni to forward related mail for ninety (90) days and to submit its invoices for payment, and would reserve to the Bankruptcy Court jurisdiction over disputes about those invoices.

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Cite this document

“Proposed Order (Exhibit A) — Kabbage, Inc. d/b/a KServicing, et al. (Case 22-10951-CTG, Doc 928-2).” Original at archive.org, dated 2023-07-26. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2023-07-26-kservicing-bankruptcy/, SHA-256 690db03c08f25e3a9d13feb49f1d3cc0fb769b76ab17fdea00ef7152398d3299.

Full text

Case 22-10951-CTG   Doc 928-2   Filed 07/26/23   Page 1 of 3




                       Exhibit A

                     Proposed Order
                 Case 22-10951-CTG              Doc 928-2        Filed 07/26/23        Page 2 of 3




                          IN THE 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)

                                                             Re: Docket No. ___

     ORDER TERMINATING OMNI AGENT SOLUTIONS, INC. AS CLAIMS AND
    NOTICING AGENT EFFECTIVE JULY 26, 2023 AND DIRECTING DELIVERY OF
                     CLAIMS AND CLAIMS RECORDS
           Upon consideration of the Motion of Post-Confirmation Debtors for entry of an Order

Authorizing the Termination of Omni Agent Solutions, Inc. as Claims and Noticing Agent

effective July 26, 2023, and directing Delivery of Claims and Claims Records (the “Motion”)2

authorizing (a) Omni to transfer Claims and Claims Records to Stretto, Inc. and (b) authorizing

Payment to Omni for services rendered; and it appearing that the notice of the Motion was

adequate and proper under the circumstances of this case; and it appearing that no further notice

of the Motion is required; and the Court having found that good and sufficient cause exists for

granting the Motion; it is hereby ORDERED as follows:

           1.       Omni shall be relieved of any and all further responsibility to the

Post-Confirmation Debtors, the Debtors and/ or their estates or creditors as claims, noticing and

balloting agent in this bankruptcy case, effective July 26, 2023 and the Debtors’ contract with

Omni for services rendered on behalf of the Debtors in these Chapter 11 cases is hereby

terminated as of July 26, 2023.

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). The Debtors’ mailing and service address is 925B Peachtree Street
NE, Suite 383, Atlanta, GA 30309.
2
    Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Motion.
             Case 22-10951-CTG           Doc 928-2       Filed 07/26/23      Page 3 of 3




        2.      On or before August 25, 2023, Omni shall turn over and deliver to the

Post-Confirmation Debtors, Stretto, Inc., and such other entity as the Clerk of the Court may

direct, (i) all original proofs of claim, (ii) all official claims register information, together with an

up-to-date mailing list for all creditors, including entities that have filed a proof of claim, a

record of all transfers of claims, and any other information required to be maintained by Omni

pursuant to the Order appointing Omni in this case, and (iii) two (2) flash drives or a secure

electronic mail transfer of all imaged claims and a .xls file containing all claim information.

        3.      Omni shall for ninety (90) days after entry of this Order, collect and promptly

forward any mail it receives related to this chapter 11 case to Stretto, or such other person or

entity as may be designated by the Post-Confirmation Debtors or the Wind Down Estates.

        4.      Omni shall promptly submit its invoices for payment to the Post-Confirmation

Debtors or the Wind Down Estates, as applicable. To the extent there is any dispute regarding the

payment of Omni’s invoices, the Bankruptcy Court shall retain jurisdiction to hear and determine

all matters arising from or related to this Order.




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