Declaration of David A. Brown, Alston & Bird — In re Kabbage
Summary
The Declaration and Disclosure Statement of David A. Brown, a partner of Alston & Bird LLP, filed December 2, 2022 as Doc 317 in In re Kabbage, Inc. d/b/a KServicing et al., Case No. 22-10951 (CTG), in the U.S. Bankruptcy Court for the District of Delaware. It is submitted under the order authorizing the debtors to employ ordinary course professionals and states that the firm serves as special litigation counsel responding to civil subpoenas served on the debtors. It lists hourly rates of $1,080 per hour and $900 per hour for the two principal attorneys, states that the debtors owe the firm $0.00 for prepetition services, and states that the firm holds no interest adverse to the debtors on these matters. Exhibit A lists the parties in interest searched for conflicts. The objection deadline is December 16, 2022.
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Case 22-10951-CTG Doc 317 Filed 12/02/22 Page 1 of 5
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 Obj. Deadline: December 16, 2022 at 4:00 p.m. (ET)
DECLARATION AND DISCLOSURE STATEMENT OF DAVID A. BROWN, ON
BEHALF OF ALSTON & BIRD LLP
I, David A. Brown, hereby declare, pursuant to section 1746 of title 28 of the
United States Code, that the following is true to the best of my knowledge, information, and
belief:
1. I am a Partner of Alston & Bird LLP located at The Atlantic Building, 950
F Street, NW, Washington, DC 20004-1404 (the “Firm”).
2. This declaration (the “Declaration”) is submitted in accordance with the
Order Pursuant to 11 U.S.C. §§ 105(a), 327, and 330 Authorizing Debtors to Employ
Professionals Used in Ordinary Course of Business [Docket No. 196] (the “OCP Order”).
Capitalized terms used herein but not otherwise defined herein shall have the meanings ascribed
to such terms in the OCP Order.
3. Kabbage, Inc. d/b/a KServicing and its debtor affiliates, as debtors and
debtors in possession (collectively, the “Debtors”), have requested that the Firm provide legal
services to the Debtors, and the Firm has consented to provide such services. The Firm is a legal
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 317 Filed 12/02/22 Page 2 of 5
services firm. The Debtors engage the Firm on discrete matters from time to time. Currently, the
Firm serves as special litigation counsel to the Debtors in order to respond to civil subpoenas
served on the Debtors.
4. The Firm has provided services to the Debtors prior to Petition Date.
5. On a monthly basis, the Firm will bill the Debtors for services provided on
an hourly basis, plus reimbursement of actual, necessary expenses and other charges incurred by
the Firm. The rates, which are set forth herein, are subject to periodic adjustments to reflect
economic and other conditions and are consistent with rates charged nationally. The principal
attorneys presently expected to represent the Debtors are: David A. Brown (Dave), a partner, who
bills at the hourly rate of $1,080 per hour and Leah Fiorenza McNeill, a partner, who bills at the
hourly rate of $900 per hour. These rates are consistent with the rates the Firm charges other
clients.
6. The Firm may have performed services in the past and may perform services
in the future, in matters unrelated to these chapter 11 cases, for persons who are parties in interest
in the Debtors’ chapter 11 cases. As part of its customary practice, the Firm is retained in cases,
proceedings, and transactions involving many different parties, some of whom may represent or
be claimants or employees of the Debtors, or other parties-in-interest in these chapter 11 cases.
The Firm does not perform services for any such person in connection with these chapter 11 cases.
In addition, the Firm does not have any relationship with any such person, its attorneys, or
accountants that would be adverse to the Debtors or their estates with respect to the matters on
which the Firm is to be retained, except as set forth herein.
2
Case 22-10951-CTG Doc 317 Filed 12/02/22 Page 3 of 5
7. Neither I, nor any principal of, or professional employed by the Firm has
agreed to share or will share any portion of the compensation to be received from the Debtors with
any other person other than the principals and regular employees of the Firm.
8. Neither I, nor any principal of, or professional employed by the Firm,
insofar as I have been able to ascertain, holds or represents any interest adverse to the Debtors or
their estates, with respect to the matters on which the Firm is to be retained.
9. The Debtors owe the Firm $0.00 for prepetition services.
10. For purposes of making the disclosures herein, the Firm searched the list of
parties in interest attached hereto as Exhibit A in its conflict check system.
11. As of the Petition Date, the Firm was not party to an agreement for
indemnification with the Debtors.
12. The Firm is conducting further inquiries regarding its retention by any
creditors of the Debtors, and upon conclusion of that inquiry, or at any time during the period of
its employment, if the Firm should discover any facts bearing on the matters described herein, the
Firm will supplement the information contained in this Declaration.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on: December 1, 2022
By:
David A. Brown
3
Case 22-10951-CTG Doc 317 Filed 12/02/22 Page 4 of 5
EXHIBIT A
List of Parties in Interest
Case 22-10951-CTG Doc 317 Filed 12/02/22 Page 5 of 5
1. Debtors 5. Former Officers and Directors (if
available) (3 years)
(1) Kabbage, Inc.
(2) Kabbage Asset Securitization LLC (1) Daniel Scott Eidson
(3) Kabbage Asset Funding 2017-A LLC (2) Jon Hoffman
(4) Kabbage Asset Funding 2019-A LLC (3) Julia McCullough
(5) Kabbage Canada Holdings, LLC (4) Kathryn Petralia
(6) Kabbage Diameter, LLC (5) Kimberly Withrow
(6) L. Scott Askins
2. Non-Debtor Affiliates and (7) Marc Gorlin
Subsidiaries (8) Oneal Bhambani
(9) Robert Frohwein
(1) Kabbage Financial Services Limited (10) Spencer Robinson
(UK entity) (11) Troy Deus
(2) Kabbage India Private Limited (India
entity) 6. Debtors Professionals
3. Debtors’ Trade Names and Aliases (1) AlixPartners, LLP
(2) Greenberg Traurig, LLP
(1) d/b/a KServicing (3) Jones Day
(2) d/b/a KServicing Corp. (4) Omni Agent Solutions
(3) d/b/a KServicing, Inc. (5) Richards, Layton & Finger, P.A.
(6) Weil, Gotshal & Manges LLP
4. Current Officers and Directors
Officers 7. Opposing Parties (Third Party
Subpoenas)
(1) David Walker
(2) Donna Evans (1) Cole Ratias
(3) Salim Kafiti (2) Radius Intelligence, Inc.
(4) Holly Loiseau (3) Fwix, Inc.
(5) Ian Cox
(6) Laquisha Milner
Directors
(1) Eric Hartz (d/b/a Corporate Hartz,
LLC)
(2) Laquisha Milner
(3) Lawrence X. Taylor
(4) Robin Gregg
Independent Manager
(1) John Hebert
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