Order Authorizing Debtors To Employ And Retain Jones Day As
Summary
A certification of counsel filed November 1, 2022 as Doc 189 in In re Kabbage, Inc. d/b/a KServicing, et al., Case No. 22-10951 (CTG), jointly administered Chapter 11 cases in the United States Bankruptcy Court for the District of Delaware. It concerns the debtors' application, filed October 14, 2022 as Docket No. 108, to employ and retain Jones Day as special counsel effective as of the petition date. Counsel certifies that the objection deadline was October 31, 2022, that the U.S. Trustee gave informal comments, and that Jones Day filed a supplemental declaration (Docket No. 162) to address them. The debtors revised the proposed order, attached as Exhibit 1 with a redline as Exhibit 2, and state the U.S. Trustee does not object. The certification is signed by Matthew P. Milana of Richards, Layton & Finger, P.A.
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Case 22-10951-CTG Doc 189 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. 108 & 162
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CERTIFICATION OF COUNSEL REGARDING REVISED PROPOSED
ORDER AUTHORIZING DEBTORS TO EMPLOY AND RETAIN JONES DAY AS
SPECIAL COUNSEL TO THE DEBTORS EFFECTIVE AS OF THE PETITION DATE
The undersigned hereby certifies as follows:
1. On October 14, 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 Application of Debtors for Authority to Employ and Retain
Jones Day as Special Counsel to the Debtors Effective as of the Petition Date [Docket No. 108]
(the “Application”) with the United States Bankruptcy Court for the District of Delaware (the
“Court”). A proposed form of order granting the relief requested in the Application was attached
to the Application as Exhibit A (the “Proposed Order”).
2. Pursuant to the Notice of Application and Hearing filed with the
Application, objections or responses to the relief requested in the Application, if any, must be made
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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 189 Filed 11/01/22 Page 2 of 3
in writing and 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 Application from the Office of the
United States Trustee for the District of Delaware (the “U.S. Trustee”).
4. To resolve the informal comments of the U.S. Trustee to the relief requested
in the Application, Jones Day filed the Supplemental Declaration of Andrew E. Lelling in Support
of Debtors’ Application to Employ and Retain Jones Day as Special Counsel to the Debtors
Effective as of the Petition Date [Docket No. 162].
5. In addition, the Debtors have revised the Proposed Order (the “Revised
Order”) to resolve the remaining Comments. A copy of the Revised Order is 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.
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Case 22-10951-CTG Doc 189 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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