Certification Of Counsel Regarding Order
Summary
A certification of counsel filed November 1, 2022 as Doc 188 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 concerns the Debtors' motion of October 17, 2022 for authority to employ professionals used in the ordinary course of business (Docket No. 110). The certification states that before the October 31, 2022 objection deadline the Debtors received informal comments from the U.S. Trustee, and that a revised proposed order resolving them is attached as Exhibit 1, with a redline against the original proposed order as Exhibit 2. It states that the U.S. Trustee does not object, and the Debtors ask the Court to enter the revised order. The 3-page filing is signed by Matthew P. Milana of Richards, Layton & Finger, P.A. for the Debtors.
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Case 22-10951-CTG Doc 188 Filed 11/01/22 Page 1 of 3
UNITED STATES BANKRUPTCY COURT
DISTRICT OF DELAWARE
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:
In re : Chapter 11
:
KABBAGE, INC. d/b/a KSERVICING, et al., : Case No. 22-10951 (CTG)
:
:
Debtors.1 : (Jointly Administered)
:
: Re: Docket No. 110
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CERTIFICATION OF COUNSEL REGARDING ORDER
AUTHORIZING DEBTORS TO EMPLOY PROFESSIONALS
USED IN ORDINARY COURSE OF BUSINESS
The undersigned hereby certifies as follows:
1. On October 17, 2022, 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 Motion of Debtors for Authority to Employ Professionals
Used in Ordinary Course of Business [Docket No. 110] (the “Motion”) with the United States
Bankruptcy Court for the District of Delaware (the “Court”). A proposed form of order granting
the relief requested in the Motion was attached to the Motion as Exhibit A (the “Proposed
Order”).
2. Pursuant to the Notice of Motion and Hearing filed with the Motion,
objections or responses to the relief requested in the Motion, if any, must be made in writing and
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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.
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Case 22-10951-CTG Doc 188 Filed 11/01/22 Page 2 of 3
filed with the Court on or before October 31, 2022 at 4:00 p.m. (prevailing Eastern Time) (the
“Objection Deadline”).
3. Prior to the Objection Deadline, the Debtors received certain informal
comments (the “Comments”) to the relief requested in the Motion from the Office of the United
States Trustee for the District of Delaware (the “U.S. Trustee”).
4. To resolve the Comments, the Debtors have prepared a revised form of
Proposed Order (the “Revised Order”), attached hereto as Exhibit 1. The Revised Order has
been circulated to the U.S. Trustee, and the U.S. Trustee does not object to the entry of the Revised
Order. For the convenience of the Court and all parties in interest, a redline comparison of the
Revised Order marked against the Proposed Order is attached hereto as Exhibit 2.
[Remainder of page intentionally left blank]
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Case 22-10951-CTG Doc 188 Filed 11/01/22 Page 3 of 3
WHEREFORE the Debtors respectfully request that the Revised Order be entered
at the earliest convenience of the Court.
Dated: November 1, 2022
Wilmington, Delaware
/s/ Matthew P. Milana
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, P.C. (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
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