Order Granting Debtors’ Motion For Leave To File Debtors’

Summary

An order of the U.S. Bankruptcy Court for the District of Delaware in In re Kabbage, Inc. d/b/a KServicing, et al., Case No. 22-10951 (CTG), jointly administered Chapter 11 cases, filed November 7, 2022 as Doc 218 and signed by United States Bankruptcy Judge Craig T. Goldblatt. The order, which relates to Docket No. 214, grants the debtors' motion under Local Rule 9006-1(d) for leave to file a reply in support of their motion to approve the settlement agreement between KServicing and Customers Bank. The order permits the debtors to file and serve the reply and states the court will consider it at the hearing on November 7, 2022 at 1:00 p.m. It authorizes the debtors to carry out the relief and retains the court's jurisdiction. The order is two pages.

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                   Case 22-10951-CTG              Doc 218        Filed 11/07/22        Page 1 of 2




                           IN THE UNITED STATES BANKRUPTCY COURT
                                FOR THE DISTRICT OF DELAWARE

------------------------------------------------------------ x
In re                                                        :          Chapter 11
                                                             :
KABBAGE, INC. d/b/a KSERVICING et al., :                                Case No. 22-10951 (CTG)
                                                             :
                                                             :          (Jointly Administered)
                             1
                  Debtors.                                   :
------------------------------------------------------------ x          Re: Docket No. 214
      ORDER GRANTING DEBTORS’ MOTION FOR LEAVE TO FILE DEBTORS’
     REPLY IN SUPPORT OF DEBTORS’ MOTION FOR ENTRY OF AN ORDER (I)
    AUTHORIZING AND APPROVING THE SETTLEMENT AGREEMENT BETWEEN
    KSERVICING AND CUSTOMERS BANK AND (II) GRANTING RELATED RELIEF

                    Upon the motion (the “Motion for Leave”)2 of 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”), for entry of an order pursuant to Local Rule 9006-1(d), granting the

Debtors leave to file their Reply in support of the 9019 Motion, all as more fully set forth in the

Motion for Leave; and this Court having jurisdiction to consider the Motion for Leave and the

relief requested therein pursuant to 28 U.S.C. §§ 157 and 1334, and the Amended Standing Order

of Reference from the United States District Court for the District of Delaware, dated

February 29, 2012; and consideration of the Motion for Leave and the requested relief being a core

proceeding pursuant to 28 U.S.C. § 157(b); and venue being proper before this Court pursuant to

28 U.S.C. §§ 1408 and 1409; and due and proper notice of the Motion for Leave having been

provided to the Notice Parties and such notice having been adequate and appropriate under the


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
    Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to such terms in the Motion
    for Leave.




RLF1 28196619V.4

                   Case 22-10951-CTG       Doc 218     Filed 11/07/22      Page 2 of 2




circumstances; and it appearing that no other or further notice need be provided; and this Court

having reviewed the Motion for Leave; and this Court having determined that the legal and factual

bases set forth in the Motion for Leave establish just cause for the relief granted herein; and it

appearing that the relief requested in the Motion for Leave is in the best interests of the Debtors,

their estates, creditors, and all parties in interest; and upon all of the proceedings had before this

Court and after due deliberation and sufficient cause appearing therefor,

                   IT IS HEREBY ORDERED THAT

                   1.    The Motion for Leave is granted to the extent set forth herein.

                   2.    The Debtors are granted leave and permission to file and serve the Reply,

and the Court will consider the Reply at the hearing on November 7, 2022 at 1:00 p.m. (prevailing

Eastern Time).

                   3.    The Debtors are authorized to take all actions necessary or appropriate to

carry out the relief granted in this Order.

                   4.    This Court shall retain jurisdiction to hear and determine all matters arising

from or related to the implementation, interpretation, or enforcement of this Order.




        Dated: November 7th, 2022                      CRAIG T. GOLDBLATT
        Wilmington, Delaware                           UNITED STATES BANKRUPTCY JUDGE




                                                   2
RLF1 28196619V.4

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