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Home Source documents Amended Notice of Agenda for July 2, 2025 Hearing — In re KServicing Wind Down Corp. (Bankr. D. Del.)

Amended Notice of Agenda for July 2, 2025 Hearing — In re KServicing Wind Down Corp. (Bankr. D. Del.)

Date
2024-09-30

Summary

An Amended Notice of Agenda of Matters Scheduled for Hearing on July 2, 2025 at 2:00 p.m. (ET), filed June 30, 2025 as Doc 1163 in In re: KServicing Wind Down Corp., et al., Case No. 22-10951 (CTG), a jointly administered Chapter 11 case in the United States Bankruptcy Court for the District of Delaware. The notice states that the hearing was cancelled with the court's permission because no matters were scheduled to go forward. It lists the Third (Substantive) Omnibus Objection to PPP borrower proofs of claim (Docket No. 1053) as adjourned, the Fourth Motion to extend the claims objection deadline (Docket No. 1150) as resolved by order, and the Fourth (Substantive) Omnibus Objection (Docket No. 1054) with its responses, stipulations and status. It records a hearing on one claimant's response set for August 5, 2025. Counsel to the Post-Confirmation Debtors signed the six-page notice.

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Full text

                Case 22-10951-CTG             Doc 1163        Filed 06/30/25        Page 1 of 6




                       IN THE UNITED STATES BANKRUPTCY COURT
                            FOR THE DISTRICT OF DELAWARE

In re:                                                    Chapter 11

KServicing Wind Down Corp., et al.,1                      Case No. 22-10951 (CTG)

                 Post-Confirmation Debtors.               (Jointly Administered)


               AMENDED2 NOTICE OF AGENDA OF MATTERS SCHEDULED
                   FOR HEARING ON JULY 2, 2025 AT 2:00 P.M. (ET)

     ** AS NO MATTERS ARE SCHEDULED TO GO FORWARD, THIS HEARING HAS
              BEEN CANCELLED WITH PERMISSION OF THE COURT **

ADJOURNED MATTERS:

      1. KServicing Wind Down Corporation's Third (Substantive) Omnibus Objection to Proofs
         of Claim [PPP Borrower Claims] [Filed September 30, 2024; Docket No. 1053].

          Objection Deadline: October 28, 2024 at 4:00 p.m. (ET); extended to January 31, 2025 for
          Creative Property Preservation Inc.

          Responses/Objections Received:

              A. Informal response received from Built By Brenda, Inc. (Claim C951-187).

              B. Informal response received from Clutter Control, LLC (Claims C951-179 and
                 C951-178).

              C. Informal response received from Christine Hare (Claim C951-93).

              D. Informal response received from Margaret Kokah (Claim C951-240).

              E. Informal response received from Bais Medrash L'Torah (Claim No. C951-112).



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: KServicing Wind Down Corp. (f/k/a Kabbage, Inc. d/b/a KServicing) (3937); KServicing
Wind Down Canada Holdings LLC (f/k/a Kabbage Canada Holdings, LLC) (N/A); KServicing Wind Down Asset
Securitization LLC (f/k/a Kabbage Asset Securitization LLC) (N/A); KServicing Wind Down Asset Funding 2017-A
LLC (f/k/a Kabbage Asset Funding 2017-A LLC) (4803); KServicing Wind Down Asset Funding 2019-A LLC (f/k/a
Kabbage Asset Funding 2019-A LLC) (8973); and KServicing Wind Down Diameter LLC (f/k/a Kabbage Diameter,
LLC) (N/A). The Debtors’ mailing and service address is 925B Peachtree Street NE, Suite 383, Atlanta, GA 30309.
2
    Amended items appear in BOLD.


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             F. Response of Creative Property Preservation Inc. to Third Omnibus Objection to
                Claims (Claims C951-251 and C951-74) [Filed October 30, 2024; Docket No.
                1066].

             G. Letter and Proof of Federal Deployment (Creative Property Preservation) [Filed
                November 1, 2024; Docket No. 1072].

         Related Documents:

             A. Notice of Submission of Proof of Claim in Connection with KServicing Wind
                Down Corporation's Third (Substantive) Omnibus Objection to Proofs of Claim
                [PPP Borrower Claims] [Filed October 10, 2024; Docket No. 1057].

             B. Certification of Counsel Regarding Order Sustaining KServicing Wind Down
                Corporation's Third (Substantive) Omnibus Objection to Proofs of Claim [PPP
                Borrower Claims] [Filed October 31, 2024; Docket No. 1068].

             C. Order Sustaining KServicing Wind Down Corporation's Third (Substantive)
                Omnibus Objection to Proofs of Claim [PPP Borrower Claims] [Entered
                November 1, 2024; Docket No. 1073].

             D. Order Regarding Creative Property Preservation Inc.'s Response to Disallowance
                of Claims [Entered December 11, 2024; Docket No. 1091].

             E. Certification of Counsel Regarding Order Approving Stipulation Between
                KServicing and Creative Property Preservation Inc. [Filed January 15, 2025;
                Docket No. 1105].

             F. Order Approving Stipulation Between KServicing and Creative Property
                Preservation Inc. [Entered January 16, 2025; Docket No. 1109].

             G. Certification of Counsel Regarding Order Approving Stipulation Between
                KServicing and Clutter Control, LLC [Filed April 2, 2025; Docket No. 1126].

             H. Order Approving Stipulation Between KServicing and Clutter Control, LLC
                [Entered April 3, 2025; Docket No. 1127].

         Status: The informal responses of Build by Brenda, Inc., Margaret Kokah, and Christine
         Hare are resolved. The responses of Creative Property Preservation and Clutter Control,
         LLC have been resolved by stipulation. An Order has been entered by the Court sustaining
         the Third Omnibus Objection [Docket No. 1073], other than those continued matters. With
         respect to the response of Bais Medrash L'Torah, the Post-Confirmation Debtors believe
         this matter has been resolved and are working through the terms of the resolution.




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RESOLVED MATTERS:

    2. Fourth Motion of the KServicing Wind Down Corp. for Entry of an Order Extending the
       Claims Objection Deadline [Filed June 11, 2025; Docket No. 1150].

         Objection Deadline: June 25 2025 at 4:00 p.m. (ET).

         Responses/Objections Received: None.

         Related Documents:

             A. Certificate of No Objection Regarding Fourth Motion of the KServicing Wind
                Down Corp. for Entry of an Order Extending the Claims Objection Deadline
                [Filed June 29, 2025; Docket No. 1160].

             B. Order Extending the Claims Objection Deadline [Entered June 30, 2025; Docket
                No. 1161].

         Status: An order has been entered by the Court. Accordingly, a hearing on this matter is
         no longer required.


MATTERS GOING FORWARD:

    3. KServicing Wind Down Corporation's Fourth (Substantive) Omnibus Objection to Proofs
       of Claim [PPP Borrower Claims] [Filed September 30, 2024; Docket No. 1054].

         Objection Deadline: October 28, 2024 at 4:00 p.m. (ET).

         Responses/Objections Received:

             A. Informal response received from R & G Springs Co. Inc. (Claim C951-236).

             B. Informal response received from          Ina   McGuinness    for   McGuinness
                Communications (Claim C951-176).

             C. Informal response received from Michael Rischer (Claim C951-140).

             D. Informal response received from Prime Painting and Finishing LLC (Claim C951-
                122).

             E. Informal response received from Neuro Connections Occupational Therapy LLC
                (Claim C951-126).

             F. Response of Tinton Falls Limousine, LLC to Fourth Omnibus Objection to Claims
                (Claim C951-183) [Filed October 23, 2024; Docket No. 1062].


                                                3
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             G. Response of Thweatt Management Consultants to Fourth Omnibus Objection to
                Claims (Claim C951-77) [Filed October 28, 2024; Docket No. 1063].

             H. Response of Pia Hoyt LLC to Fourth Omnibus Objection to Claims (Claim C951-
                97) [Filed October 28, 2024; Docket No. 1064].

             I. Letter to the Honorable Craig T. Goldblatt from Richard Calanni Regarding Tinton
                Falls Limousine, LLC’s Claim Objection [Received May 14, 2025; Docket
                No. 1141]

         Related Documents:

             A. Notice of Submission of Proof of Claim in Connection with KServicing Wind
                Down Corporation's Fourth (Substantive) Omnibus Objection to Proofs of Claim
                [PPP Borrower Claims] [Filed October 10, 2024; Docket No. 1058].

             B. Certification of Counsel Regarding Order Sustaining KServicing Wind Down
                Corporation's Fourth (Substantive) Omnibus Objection to Proofs of Claim [PPP
                Borrower Claims] [Filed October 31, 2024; Docket No. 1069].

             C. Order Sustaining KServicing Wind Down Corporation's Fourth (Substantive)
                Omnibus Objection to Proofs of Claim [PPP Borrower Claims] [Entered
                November 1, 2024; Docket No. 1074].

             D. Certification of Counsel Regarding Order Approving Stipulation Between
                KServicing and Ina McGuinness [Filed January 14, 2025; Docket No. 1103].

             E. Certification of Counsel Regarding Order Approving Stipulation Between
                KServicing and Thweatt Management Consultants [Filed January 14, 2025;
                Docket No. 1104].

             F. Order Approving Stipulation Between KServicing and Ina McGuinness [Entered
                January 16, 2025; Docket No. 1107].

             G. Order Approving Stipulation Between KServicing and Thweatt Management
                Consultants [Entered January 16, 2025; Docket No. 1108].

             H. Certification of Counsel Regarding Order Approving Stipulation Between
                KServicing and Neuro Connections Occupational Therapy LLC [Filed February
                6, 2025; Docket No. 1112].

             I. Order Approving Stipulation Between KServicing and Neuro Connections
                Occupational Therapy LLC [Entered February 10, 2025; Docket No. 1113].

             J. Notice of Withdrawal of Objection to Claim No. 97 (Pia Hoyt LLC) [Filed April
                17, 2025; Docket No. 1130].


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             K. Certification of Counsel Regarding Order Approving Stipulation between
                KServicing and R & G Springs Co. Inc. [Filed April 22, 2025; Docket No. 1132].

             L. Order Approving Stipulation between KServicing and R & G Springs Co. Inc.
                [Entered April 22, 2025; Docket No. 1133].

             M. KServicing's Exhibit List for Hearing on May 7, 2025 at 10:00 a.m. (ET) [Filed
                May 5, 2025; Docket No. 1135].

         Status: The response of Michael Rischer is resolved. The responses of Neuro Connections
         Occupational Therapy LLC, Ina McGuinness, Thweatt Management Consultants, and R &
         G Springs Co. Inc. have been resolved by stipulation. The objection to Pia Hoyt LLC’s
         Claim No. 97 has been withdrawn. An Order has been entered by the Court sustaining the
         Fourth Omnibus Objection [Docket No. 1074], other than those continued matters. With
         respect to the response of Prime Painting and Finishing LLC, the Post-Confirmation
         Debtors believe this matter has been resolved and are working through the terms of the
         resolution. With respect to the response of Tinton Falls Limousine, LLC, the Post-
         Confirmation Debtors have spoken with Mr. Calanni and mutually agree to set the
         hearing regarding the response of Tinton Falls Limousine, LLC for August 5, 2025 at
         11:00 a.m. (ET).

                                   [Signature Page to Follow]




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Dated: June 30, 2025                 MORRIS JAMES LLP
 Wilmington, Delaware
                                     /s/ Carl N. Kunz, III
                                     Carl N. Kunz, III (DE Bar No. 3201)
                                     Eric J. Monzo (DE Bar No. 5214)
                                     Brya M. Keilson (DE Bar No. 4643)
                                     Tara C. Pakrouh (DE Bar No. 6192)
                                     500 Delaware Avenue, Suite 1500
                                     Wilmington, Delaware 19801
                                     Telephone: (302) 888-6800
                                     Facsimile: (302) 571-1750
                                     E-mail: ckunz@morrisjames.com
                                              emonzo@morrisjames.com
                                              bkeilson@morrisjames.com
                                              tpakrouh@morrisjames.com

                                     and

                                     PERKINS COIE LLP
                                     Bradley A. Cosman (admitted pro hac vice)
                                     Kathleen Allare (admitted pro hac vice)
                                     2901 North Central Avenue, Suite 2000
                                     Phoenix, Arizona 85012-2788
                                     Telephone: (602) 351-8000
                                     Facsimile: (602) 648-7000
                                     E-mail: BCosman@perkinscoie.com
                                             KAllare@perkinscoie.com

                                     and

                                     John D. Penn (admitted pro hac vice)
                                     500 North Akard Street, Suite 3300
                                     Dallas, Texas 75201-3347
                                     Telephone: (214) 965-7700
                                     Facsimile: (214) 965-7799
                                     E-mail: JPenn@perkinscoie.com

                                     Counsel to the Post-Confirmation Debtors,
                                     operating as the Wind Down Estates




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