Certification Of Counsel Regarding Revised Proposed Order

Summary

A certification of counsel filed November 1, 2022 as Doc 192 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. 107, to employ and retain Greenberg Traurig, LLP as special counsel to the board of directors of Kabbage, Inc. d/b/a KServicing 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 Greenberg Traurig filed a supplemental declaration (Docket No. 177) 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.

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“Certification Of Counsel Regarding Revised Proposed Order.” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/gov-uscourts-deb-188293-192-0-e2874353f4/, SHA-256 bd362e493011601bc723b3c922ec9e944231dbb72571deeadd76d05d02204179.

Full text

Case 22-10951-CTG Doc 192 Filed 11/01/22 Page 1 of 3

UNITED STATES BANKRUPTCY COURT
DISTRICT OF DELAWARE

------------------------------------------------------------ x
:
In re : Chapter 11
:
KABBAGE, INC. d/b/a KSERVICING, et al., : Case No. 22-10951 (CTG)
:
:
Debtors. 1 : (Jointly Administered)
:
: Re: Docket No. 107 & 177
------------------------------------------------------------ x
CERTIFICATION OF COUNSEL REGARDING REVISED PROPOSED ORDER
AUTHORIZING DEBTORS TO EMPLOY AND RETAIN GREENBERG TRAURIG,
LLP AS SPECIAL COUNSEL TO THE BOARD OF DIRECTORS OF KABBAGE, INC.
D/B/A KSERVICING 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

Greenberg Traurig, LLP as Special Counsel to the Board of Directors of Kabbage, Inc. d/b/a

KServicing Effective as of the Petition Date [Docket No. 107] (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 C (the

“Proposed Order”).

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.

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Case 22-10951-CTG Doc 192 Filed 11/01/22 Page 2 of 3

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

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, Greenberg Traurig, LLP filed the Supplemental Declaration of David B.

Kurzweil of Greenberg Traurig, LLP [Docket No. 177].

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.

[Remainder of page intentionally left blank]

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Case 22-10951-CTG Doc 192 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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