Notice Of Appearance And Request For Service (Doc 229)

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A Notice of Appearance and Request for Service, Doc 229, dated November 8, 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. The undersigned attorney appears as counsel for American Express Kabbage Inc. and American Express Travel Related Services Company, Inc. (collectively, American Express) and asks that notices and pleadings in the cases be served on Derek C. Abbott and Jonathan M. Weyand of Morris, Nichols, Arsht & Tunnell LLP and James L. Bromley of Sullivan & Cromwell LLP. The notice states that the appearance is not consent to jurisdiction and reserves rights including trial by jury and withdrawal of the reference. It is signed /s/ Jonathan M. Weyand.

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                  Case 22-10951-CTG            Doc 229       Filed 11/08/22       Page 1 of 3



                         IN THE UNITED STATES BANKRUPTCY COURT
                              FOR THE DISTRICT OF DELAWARE


    In re:                                                      Chapter 11

    KABBAGE, INC. d/b/a KSERVICING, et al.,1                    Case No. 22-10951 (CTG)

                        Debtors.                                Jointly Administered



                   NOTICE OF APPEARANCE AND REQUEST FOR SERVICE

             PLEASE TAKE NOTICE of the appearance of the undersigned attorney, as counsel for

American Express Kabbage Inc. and American Express Travel Related Services Company, Inc.

(collectively, “American Express”), parties in interest in the above-referenced cases, and pursuant

to section 1109(b) of title 11 of the United States Code (the “Bankruptcy Code”) and rules 2002,

9007 and 9010 of the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”), it is

requested that copies of all notices and pleadings in these cases be given to, and served upon, the

following:

MORRIS, NICHOLS, ARSHT & TUNNELL SULLIVAN & CROMWELL LLP
LLP
Derek C. Abbott (No. 3376)           James L. Bromley
Jonathan M. Weyand (No. 6959)        125 Broad Street
1201 North Market Street, 16th Floor New York, NY 10004-2498
Wilmington, Delaware 19801           Telephone: (212) 558-4000
Telephone: (302) 658-9200            Facsimile: (212) 558-3588
Facsimile: (302) 658-3989            Email: bromleyj@sullcrom.com
Email: dabbott@morrisnichols.com
       jweyand@morrisnichols.com

Counsel to American Express                               Counsel to American Express




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.

               Case 22-10951-CTG          Doc 229     Filed 11/08/22     Page 2 of 3




       PLEASE TAKE FURTHER NOTICE that pursuant to section 1109(b) of the Bankruptcy

Code, the foregoing demand includes not only the notices and papers referred to in the above-

mentioned Bankruptcy Rules, but also includes, without limitation, all orders, applications,

motions, petitions, pleadings, requests, complaints or demands, whether formal or informal, written

or oral, transmitted or conveyed by mail delivery, telephone, facsimile or otherwise, in these cases.

       PLEASE TAKE FURTHER NOTICE that this appearance and demand for service is

neither intended as, nor is it consent of American Express to jurisdiction of the Bankruptcy Court

or venue in the District of Delaware, nor, specifically but not limited to, a waiver of (i) American

Express’s rights to have final orders in non-core matters entered only after de novo review by a

higher court; (ii) American Express’s rights to trial by jury in any proceedings so triable herein, or

in any case, controversy or proceeding related hereto; (iii) American Express’s rights to have the

reference withdrawn in any matter subject to mandatory or discretionary withdrawal; or (iv) any

other rights, claims, actions, defenses, set offs, or recoupments to which American Express is or

may be entitled under any agreement, in law or in equity, all of which rights, claims, actions,

defenses, setoffs, and recoupments to American Express are expressly reserved.

             Case 22-10951-CTG     Doc 229   Filed 11/08/22   Page 3 of 3



Dated: November 8, 2022    MORRIS, NICHOLS, ARSHT & TUNNELL LLP

                           /s/ Jonathan M. Weyand
                           Derek C. Abbott (No. 3376)
                           Jonathan M. Weyand (No. 6959)
                           1201 North Market Street, 16th Floor
                           Wilmington, Delaware 19801
                           Telephone: (302) 658-9200
                           Facsimile: (302) 658-3989
                           dabbott@morrisnichols.com
                           jweyand@morrisnichols.com

                           -and-

                           SULLIVAN & CROMWELL LLP

                           James L. Bromley (pro hac vice pending)
                           125 Broad Street
                           New York, NY 10004-2498
                           Telephone: (212) 558-4000
                           Facsimile: (212) 558-3588
                           bromleyj@sullcrom.com


                           Counsel to American Express

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