Notice Of Agenda For Hearing Scheduled
Summary
A Notice of Agenda for a hearing scheduled for November 21, 2022 at 1:00 p.m. (Prevailing Eastern Time) before the Honorable Craig T. Goldblatt, filed in Case No. 22-10951 (CTG), the jointly administered chapter 11 cases of Kabbage, Inc. d/b/a KServicing, et al., in the United States Bankruptcy Court for the District of Delaware. It states that no matters are scheduled to go forward and that the hearing has been cancelled with permission from the Court. Under continued matters it lists the debtors' motion for interim and final orders on their cash management system, bank accounts and business forms (Docket No. 12, filed October 3, 2022), with the U.S. Trustee's response deadline extended by agreement to January 12, 2023.
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“Notice Of Agenda For Hearing Scheduled.”
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Case 22-10951-CTG Doc 259 Filed 11/17/22 Page 1 of 4
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
NOTICE OF AGENDA FOR HEARING SCHEDULED
FOR NOVEMBER 21, 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
AS NO MATTERS ARE SCHEDULED TO GO FORWARD, THE HEARING HAS
BEEN CANCELLED WITH PERMISSION FROM THE COURT.
I. CONTINUED MATTERS:
1. 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); extended by
agreement to January 12, 2023 at 4:00 p.m. (ET) for
Office of the United States Trustee (the “U.S.
Trustee”)
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]
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 259 Filed 11/17/22 Page 2 of 4
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 on this matter has been adjourned to the omnibus hearing scheduled
for January 19, 2023 at 10:00 a.m. (ET). The Debtors intend to submit a further
interim order under certification of counsel with the agreement of the U.S.
Trustee.
2. Motion of Debtors for Entry of Order (I) Approving the Disclosure Statement of the
Debtors, (II) Establishing Solicitation, Voting, and Related Procedures, (III) Scheduling
Confirmation Hearing, (IV) Establishing Notice and Objection Procedures for
Confirmation of Plan, (V) Approving Special Electronic Noticing Procedures,
(VI) Approving Debtors’ Proposed Cure Procedures for Unexpired Leases and Executory
Contracts, and (VII) Granting Related Relief [Docket No. 176 – filed October 31, 2022]
Objection/Response Deadline: November 14, 2022, at 4:00 p.m. (ET); extended to
December 2, 2022 at 4:00 p.m. (ET)
Objections/Responses Received:
A. Informal comments received from the U.S. Trustee
Related Documents:
i. Joint Chapter 11 Plan of Liquidation Kabbage, Inc. (d/b/a KServicing) and its
Affiliated Debtors [Docket No. 14 – filed October 4, 2022]
2
RLF1 28221794v.1
Case 22-10951-CTG Doc 259 Filed 11/17/22 Page 3 of 4
ii. Disclosure Statement for the Joint Chapter 11 Plan of Liquidation of Kabbage,
Inc. (d/b/a KServicing) and its Affiliated Debtors [Docket No. 63 – filed October
5, 2022]
iii. Notice of Hearing to Consider Approval of Disclosure Statement for the Joint
Chapter 11 Plan of Liquidation of Kabbage, Inc. (d/b/a KServicing) and its
Affiliated Debtors [Docket No. 98 – filed October 12, 2022]
iv. Notice of Extended Objection Deadline for and Continued Hearing to Consider
Approval of (I) the Disclosure Statement and (II) the Relief Requested in the
Disclosure Statement Motion [Docket No. 246 – filed November 11, 2022]
v. Notice of Continued Hearing to Consider Approval of (I) the Disclosure
Statement and (II) the Relief Requested in the Disclosure Statement Motion
[Docket No. 252 – filed November 15, 2022]
Status: The hearing on this matter has been adjourned to December 14, 2022 at 3:00 p.m.
(ET).
3
RLF1 28221794v.1
Case 22-10951-CTG Doc 259 Filed 11/17/22 Page 4 of 4
Dated: November 17, 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
4
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