Amended2 Notice Of Agenda For Hearing Scheduled
Summary
An Amended 2 Notice of Agenda, Doc 209, dated November 4, 2022, in the Chapter 11 cases of Kabbage, Inc. d/b/a KServicing, et al., Case No. 22-10951 (CTG), in the United States Bankruptcy Court for the District of Delaware, for a hearing scheduled for November 7, 2022 before the Honorable Craig T. Goldblatt. It lists resolved, continued and going-forward matters. The cash management motion is continued to November 21, 2022. The matters going forward are the Debtors' Cash Collateral Motion (Docket No. 143), which the notice says will proceed on an uncontested basis, and the Debtors' motion to approve a settlement agreement with Customers Bank (Docket No. 172), to which Cross River Bank filed an objection (Docket No. 206). The notice is signed /s/ Amanda R. Steele of Richards, Layton & Finger,.
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“Amended2 Notice Of Agenda For Hearing Scheduled.”
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Case 22-10951-CTG Doc 209 Filed 11/04/22 Page 1 of 9
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)
------------------------------------------------------------ x
AMENDED 2 NOTICE OF AGENDA FOR HEARING SCHEDULED
FOR NOVEMBER 7, 2022 AT 1:00 P.M. (PREVAILING EASTERN TIME),
BEFORE THE HONORABLE CRAIG T. GOLDBLATT, AT THE UNITED
STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE
THE HEARING WILL BE HELD IN-PERSON IN JUDGE GOLDBLATT’S
COURTROOM. ALL PARTIES, INCLUDING WITNESSES, ARE EXPECTED TO
ATTEND IN PERSON UNLESS PERMITTED TO APPEAR VIA ZOOM.
APPEARANCES AT IN-PERSON COURT PROCEEDINGS USING ZOOM ARE
ALLOWED ONLY IN THE FOLLOWING CIRCUMSTANCES: (I) A PARTY WHO
FILES A RESPONSIVE PLEADING INTENDS TO MAKE ONLY A LIMITED
ARGUMENT; (II) A PARTY WHO HAS NOT SUBMITTED A PLEADING BUT IS
INTERESTED IN OBSERVING THE HEARING; (III) A PARTY WHO HAS A GOOD
FAITH HEALTH-RELATED REASON AND HAS OBTAINED PERMISSION FROM
JUDGE GOLDBLATT’S CHAMBERS TO APPEAR REMOTELY, OR (IV) OTHER
EXTENUATING CIRCUMSTANCES AS DETERMINED BY JUDGE GOLDBLATT.
IF YOU INTEND TO APPEAR VIA ZOOM, YOU ARE
REQUIRED TO REGISTER IN ADVANCE.
PLEASE USE THE FOLLOWING ZOOM REGISTRATION LINK:
https://debuscourts.zoomgov.com/meeting/register/vJItd-yurDIsHa_zQ1lBfH5kzNY2yjUsfFo
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.
2
Amended items appear in bold.
RLF1 28200152v.1
Case 22-10951-CTG Doc 209 Filed 11/04/22 Page 2 of 9
I. RESOLVED MATTERS:
1. Motion of Debtors for Entry of Interim and Final Orders Establishing Notification
Procedures and Approving Restrictions on Certain Transfers of Interests in the Debtors
[Docket No. 6 – filed October 3, 2022]
Objection/Response Deadline: October 31, 2022, at 4:00 p.m. (ET)
Objections/Responses Received: None.
Related Documents:
i. Interim Order Establishing Notification Procedures and Approving Restrictions
on Certain Transfers of Interests in the Debtors [Docket No. 71 – entered October
6, 2022]
ii. Notice of (A) Entry of Interim Order Establishing Notification Procedures and
Approving Restrictions on Certain Transfers of Interests in the Debtors; and
(B) Final Hearing Thereon [Docket No. 83 – filed October 6, 2022]
iii. Certificate of No Objection Regarding Motion of Debtors for Entry of Interim and
Final Orders Establishing Notification Procedures and Approving Restrictions on
Certain Transfers of Interests in the Debtors [Docket No. 187 – filed November 1,
2022]
iv. Final Order Establishing Notification Procedures and Approving Restrictions on
Certain Transfers of Interests in the Debtors [Docket No. 193 – entered November
2, 2022]
Status: On November 2, 2022, the Court entered an order with respect to this matter.
Accordingly, a hearing with respect to this matter is no longer necessary.
2. Motion of Debtors for Entry of Interim and Final Orders (I) Authorizing Debtors to
(A) Pay Prepetition Wages, Salaries, Employee Benefits, and Other Compensation and
(B) Maintain Employee Benefit Programs and Pay Related Obligations and (II) Granting
Related Relief [Docket No. 10 – filed October 3, 2022]
Objection/Response Deadline: October 19, 2022, at 4:00 p.m. (ET); extended to
October 31, 2022, at 4:00 p.m. (ET) for the relief
sought in the Supplement (as defined below)
Objections/Responses Received:
A. Informal comments received from the Office of the United States Trustee (the
“U.S. Trustee”)
B. Informal comments received from Morgan Franklin LLC
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Related Documents:
i. Interim Order (I) Authorizing Debtors to (A) Pay Prepetition Wages, Salaries,
Employee Benefits, and Other Compensation and (B) Maintain Employee Benefit
Programs and Pay Related Obligations and (II) Granting Related Relief [Docket
No. 75 – entered October 6, 2022]
ii. Notice of (A) Entry of Interim Order (I) Authorizing Debtors to (A) Pay
Prepetition Wages, Salaries, Employee Benefits, and Other Compensation and
(B) Maintain Employee Benefit Programs and Pay Related Obligations and
(II) Granting Related Relief; and (B) Final Hearing Thereon [Docket No. 80 –
filed October 6, 2022]
iii. Supplement to the Motion of Debtors for Entry of Interim and Final Orders
(I) Authorizing Debtors to (A) Pay Prepetition Wages, Salaries, Employee
Benefits, and Other Compensation and (B) Maintain Employee Benefit Programs
and Pay Related Obligations and (II) Granting Related Relief [Docket No. 141 –
filed October 21, 2022] (the “Supplement”)
iv. Certification of Counsel Regarding Revised Proposed Final Order (I) Authorizing
Debtors to (A) Pay Prepetition Wages, Salaries, Employee Benefits, and Other
Compensation and (B) Maintain Employee Benefit Programs and Pay Related
Obligations and (II) Granting Related Relief [Docket No. 190 – Filed November
1, 2022]
v. Final Order (I) Authorizing Debtors to (A) Pay Prepetition Wages, Salaries,
Employee Benefits, and Other Compensation and (B) Maintain Employee Benefit
Programs and Pay Related Obligations and (II) Granting Related Relief [Docket
No. 194 – entered November 2, 2022]
Status: On November 2, 2022, the Court entered an order with respect to this matter.
Accordingly, a hearing with respect to this matter is no longer necessary.
3. Application of Debtors to Retain and Employ Richards, Layton & Finger, P.A. as Co-
Counsel to the Debtors Effective as of Petition Date [Docket No. 46 – filed October 4,
2022]
Objection/Response Deadline: October 19, 2022, at 4:00 p.m. (ET); extended by
agreement to October 31, 2022 at 4:00 p.m. for the
U.S. Trustee
Objections/Responses Received:
A. Informal comments received from the U.S. Trustee
Related Documents:
i. Notice of Application and Hearing [Docket No. 51 – filed October 5, 2022]
3
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ii. Supplemental Declaration of Daniel J. DeFranceschi in Support of Application of
Debtors to Retain and Employ Richards, Layton & Finger, P.A. as Co-Counsel to
the Debtors Effective as of Petition Date [Docket No. 170 – filed October 27,
2022]
iii. Certification of Counsel Regarding Revised Proposed Order Authorizing
Retention and Employment of Richards, Layton & Finger, P.A. as Co-Counsel to
the Debtors Effective as of Petition Date [Docket No. 171 – filed October 27,
2022]
iv. Order Authorizing Retention and Employment of Richards, Layton & Finger,
P.A. as Co-Counsel to the Debtors Effective as of Petition Date [Docket No. 175
– entered October 28, 2022]
Status: On October 28, 2022, the Court entered an order resolving this matter.
According, a hearing with respect to this matter is no longer necessary.
4. 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 – filed October 14, 2022]
Objection/Response Deadline: October 31, 2022, at 4:00 p.m. (ET)
Objections/Responses Received:
A. Informal comments received from the U.S. Trustee
Related Documents:
i. Supplemental Declaration of David B. Kurzweil of Greenberg Traurig, LLP
[Docket No. 177 – filed November 1, 2022]
ii. 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
[Docket No. 192 – filed November 1, 2022]
iii. 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 [Docket No. 197 – entered November 2, 2022]
Status: On November 2, 2022, the Court entered an order with respect to this matter.
Accordingly, a hearing with respect to this matter is no longer necessary.
4
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5. 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 – filed October 14,
2022]
Objection/Response Deadline: October 31, 2022, at 4:00 p.m. (ET)
Objections/Responses Received:
A. Informal comments received from the U.S. Trustee
Related Documents:
i. 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 – filed October 26, 2022]
ii. 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 [Docket No. 189 – filed November 1, 2022]
iii. Order Authorizing Debtors to Employ and Retain Jones Day as Special Counsel
to the Debtors Effective as of the Petition Date [Docket No. 198 – entered
November 2, 2022]
Status: On November 2, 2022, the Court entered an order with respect to this matter.
Accordingly, a hearing with respect to this matter is no longer necessary.
6. Motion of Debtors for Authority to Employ Professionals Used in Ordinary Course of
Business [Docket No. 110 – filed October 17, 2022]
Objection/Response Deadline: October 31, 2022, at 4:00 p.m. (ET)
Objections/Responses Received:
A. Informal comments received from the U.S. Trustee
Related Documents:
i. Certification of Counsel Regarding Order Authorizing Debtors to Employ
Professionals Used in Ordinary Course of Business [Docket No. 188 – filed
November 1, 2022]
ii. Order Authorizing Debtors to Employ Professionals Used in Ordinary Course of
Business [Docket No. 196 – entered November 2, 2022]
Status: On November 2, 2022, the Court entered an order with respect to this matter.
Accordingly, a hearing with respect to this matter is no longer necessary.
5
RLF1 28200152v.1
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II. CONTINUED MATTER:
7. Motion of Debtors for Entry of Interim and Final Orders (I) Authorizing Debtors to
(A) Continue Using Existing Cash Management System, Bank Accounts, and Business
Forms, (B) Implement Changes to Cash Management in the Ordinary Course of
Business; and (II) Granting Related Relief [Docket No. 12 – filed October 3, 2022]
Objection/Response Deadline: October 31, 2022, at 4:00 p.m. (ET)
Objections/Responses Received:
A. Informal comments received from the U.S. Trustee
Related Documents:
i. Emergency Bridge Order Authorizing Debtors’ Postpetition Use of Cash
Management System on an Interim Basis Pending a Further Hearing [Docket No.
43 – entered October 4, 2022]
ii. Interim Order (I) Authorizing (A) Debtors to Continue Using Existing Cash
Management System, Bank Accounts, and Business Forms, (B) Implement
Changes to Cash Management in the Ordinary Course of Business; and
(II) Granting Related Relief [Docket No. 78 – entered October 6, 2022]
iii. Notice of (A) Entry of Interim Order (I) Authorizing (A) Debtors to Continue
Using Existing Cash Management System, Bank Accounts, and Business Forms,
(B) Implement Changes to Cash Management in the Ordinary Course of Business;
and (II) Granting Related Relief; and (B) Final Hearing Thereon [Docket No. 84 –
filed October 26, 2022]
iv. Certification of Counsel Regarding Second Interim Order (I) Authorizing
(A) Debtors to Continue Using Existing Cash Management System, Bank
Accounts, and Business Forms, (B) Implement Changes to Cash Management in
the Ordinary Course of Business; and (II) Granting Related Relief [Docket No.
191 – filed November 1, 2022]
v. Second Interim Order (I) Authorizing (A) Debtors to Continue Using Existing
Cash Management System, Bank Accounts, and Business Forms, (B) Implement
Changes to Cash Management in the Ordinary Course of Business; and
(II) Granting Related Relief [Docket No. 195 – entered November 2, 2022]
Status: The hearing with respect to this matter has been continued to November 21, 2022
at 1:00 p.m. (ET).
6
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III. MATTERS GOING FORWARD:
8. 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 – filed October 24,
2022] (the “Cash Collateral Motion”)
Objection/Response Deadline: October 31, 2022, at 4:00 p.m. (ET); extended by
agreement to November 4, 2022, at 4:00 p.m. (ET)
for Synovus Financial Corp. (“Synovus”)
Objections/Responses Received:
A. Informal comments received from the U.S. Trustee
B. Informal comments received from Cross River Bank (“CRB”)
C. Informal comments received from Synovus
D. Informal comments received from the Small Business Association (the “SBA”)
Related Documents:
i. 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 [Docket No. 208 – filed November 4, 2022]
Witness Information:
i. The Debtors may offer the Declaration of Deborah Rieger-Paganis, which was
filed as Exhibit B to the Cash Collateral Motion.
Status: The Debtors have resolved all informal comments to the relief requested in
the motion and filed a revised proposed form of order reflecting such
resolutions. The hearing with respect to this matter will go forward on an
uncontested basis.
9. Debtors’ Motion for Entry of an Order (I) Authorizing and Approving Settlement
Agreement Between Debtors and Customers Bank and (II) Granting Related Relief
[Docket No. 172 – filed October 28, 2022]
Objection/Response Deadline: November 4, 2022, at 4:00 p.m. (ET)
7
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Objections/Responses Received:
A. Cross River Bank’s Objection to Debtors’ Motion for Entry of an Order
(I) Authorizing and Approving the Settlement Agreement Between
KServicing and Customers Bank and (II) Granting Related Relief [Docket
No. 206 – filed November 4, 2022]
Related Documents:
i. Order Shortening Notice and Objection Periods for Debtors’ Motion for Entry of
an Order (I) Authorizing and Approving Settlement Agreement Between Debtors
and Customers Bank and (II) Granting Related Relief [Docket No. 174 – entered
October 28, 2022]
Witness Information:
i. Debtors’ Witness List for November 7, 2022 Hearing [Docket No. 204 – filed
November 4, 2022]
ii. Cross River Bank’s Witness and Exhibit List for November 7, 2022 at 1:00
p.m. (Eastern time) Hearing Concerning Debtors’ Motion for Entry of an
Order (I) Authorizing and Approving the Settlement Agreement Between
KServicing and Customers Bank and (II) Granting Related Relief [Docket
No. 207 – filed November 4, 2022]
Exhibit Information:
i. The Debtors will provide an exhibit list to the Court and other parties in
interest prior to the hearing.
Status: The hearing with respect to this matter will go forward. The Debtors intend to
file a declaration in support of the motion and a reply to the objection of
CRB in advance of the hearing.
8
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Dated: November 4, 2022
Wilmington, Delaware
/s/ Amanda R. Steele
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
9
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