Notice Of Filing Revised Proposed Order Under 11 U.S.C. §§ 105,

Summary

A notice of filing a revised proposed order under 11 U.S.C. §§ 105, 361, 362, and 363, filed November 4, 2022 as Doc 208 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' October 24, 2022 motion (Docket No. 143) for limited use of cash collateral, adequate protection to a secured lender, modification of the automatic stay and related relief. The notice states that the Debtors file a revised proposed order to address informal comments, attached as Exhibit 1 with a redline as Exhibit 2, and will present it at the hearing on November 7, 2022. It states that the revised order remains subject to review by parties in interest. The 3-page notice is signed by Matthew P. Milana for the Debtors.

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“Notice Of Filing Revised Proposed Order Under 11 U.S.C. §§ 105,.” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/gov-uscourts-deb-188293-208-0-a5c8453533/, SHA-256 fd6834f6d318a4a227b9e0c850a140c1814f66142bc484706f176180549bee0a.

Full text

Case 22-10951-CTG Doc 208 Filed 11/04/22 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. 143
------------------------------------------------------------ x
NOTICE OF FILING REVISED PROPOSED ORDER UNDER 11 U.S.C. §§ 105,
361, 362, AND 363, AND BANKRUPTCY RULES 2002, 4001, 6004, AND 9014
(I) AUTHORIZING DEBTORS TO USE CASH COLLATERAL AND
(II) GRANTING ADEQUATE PROTECTION TO SECURED LENDER

PLEASE TAKE NOTICE that, on October 24, 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 Entry of Order

(I) Authorizing Debtors’ Limited Use of Cash Collateral, (II) Granting Adequate Protection to

Secured Lender, (III) Modifying Automatic Stay, and (IV) Granting Related Relief [Docket No.

143] (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”).

PLEASE TAKE FURTHER NOTICE that the Debtors hereby file a revised form

of Proposed Order (the “Revised Order”) to address certain informal comments to the Proposed

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 208 Filed 11/04/22 Page 2 of 3

Order. The Debtors will present the Revised Order to the Court at the hearing scheduled for

November 7, 2022 at 1:00 p.m. (prevailing Eastern Time) (the “Hearing”). A copy of the

Revised Order is attached hereto as Exhibit 1. 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.

PLEASE TAKE FURTHER NOTICE that the Revised Order remains subject to

review and revision in all respects by parties in interest. To the extent that the Revised Order is

further revised, the Debtors will present a redline copy of such revised document to the Court

either at or before the Hearing.

[Remainder of page intentionally left blank]

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RLF1 28198925v.1

Case 22-10951-CTG Doc 208 Filed 11/04/22 Page 3 of 3

Dated: November 4, 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

3
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