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Notice of Agenda for Hearing Scheduled for December 7, 2022 — In re Kabbage, Inc. d/b/a KServicing, Case 22-10951-CTG, Doc. 328 (Filed 12/05/22)

Summary

A Notice of Agenda for a hearing scheduled for December 7, 2022 at 10:00 a.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. It states that no matters are scheduled to go forward and that the hearing has been cancelled with permission from the Court. Under resolved matters it lists the debtors' motion for an order approving a retention program for certain non-executive employees (Docket No. 253, filed November 15, 2022), noting informal comments received from the U.S. Trustee.

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Cite this document

“Notice of Agenda for Hearing Scheduled for December 7, 2022 — In re Kabbage, Inc. d/b/a KServicing, Case 22-10951-CTG, Doc. 328 (Filed 12/05/22).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/gov-uscourts-deb-188293-328-0-8939bf3b85/, SHA-256 d58e6c47083db42dcc7b9d50eed011bda667c9da9e0abc2adbfd8a0e22ea79a4.

Full text

                   Case 22-10951-CTG             Doc 328         Filed 12/05/22       Page 1 of 3




                               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 DECEMBER 7, 2022 AT 10:00 A.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.         RESOLVED MATTERS:

1.         Motion of Debtors for Entry of Order (I) Approving Debtors’ Retention Program for
           Certain Non-Executive Employees and (II) Granting Related Relief [Docket No. 253 –
           filed November 15, 2022]

           Objection/Response Deadline:                November 29, 2022 at 4:00 p.m. (ET); extended to
                                                       November 30, 2022 at 4:00 p.m. (ET) for the 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.       Certificate of No Objection Regarding Motion of Debtors for Entry of Order
                    (I) Approving Debtors’ Retention Program for Certain Non-Executive Employees
                    and (II) Granting Related Relief [Docket No. 308 – filed November 30, 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 328      Filed 12/05/22   Page 2 of 3




         ii.       Order (I) Approving Debtors’ Retention Program for Certain Non-Executive
                   Employees and (II) Granting Related Relief [Docket No. 314 – entered December
                   2, 2022]

         Status: On December 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 Order (I) Authorizing Debtors to Employ and Retain
         Phoenix Executive Services, LLC to Provide a Chief Financial Officer and
         (II) Designating Marc Sullivan as Debtors’ Chief Financial Officer, Effective as of
         October 24, 2022 [Docket No. 258 – filed November 16, 2022]

         Objection/Response Deadline:          November 30, 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 Revised Proposed Order (I) Authorizing
                   Debtors to Employ and Retain Phoenix Executive Services, LLC to Provide a
                   Chief Financial Officer and (II) Designating Marc Sullivan as Debtors’ Chief
                   Financial Officer, Effective as of October 24, 2022 [Docket No. 312 – filed
                   December 1, 2022]

         ii.       Order (I) Authorizing Debtors to Employ and Retain Phoenix Executive Services,
                   LLC to Provide a Chief Financial Officer and (II) Designating Marc Sullivan as
                   Debtors’ Chief Financial Officer, Effective as of October 24, 2022 [Docket No.
                   316 – entered December 2, 2022]

         Status: On December 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.       Debtors’ Motion for an Order (I) Extending the Deadline By Which the Debtors May
         Remove Civil Actions, and (II) Granting Related Relief [Docket No. 284 – filed
         November 23, 2022]

         Objection/Response Deadline:          November 30, 2022 at 4:00 p.m. (ET)

         Objections/Responses Received:        None.

         Related Documents:

          i.        Certificate of No Objection Regarding Debtors’ Motion for an Order
                    (I) Extending the Deadline By Which the Debtors May Remove Civil Actions,
                    and (II) Granting Related Relief [Docket No. 310 – filed December 1, 2022]



                                                  2
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                   Case 22-10951-CTG      Doc 328     Filed 12/05/22   Page 3 of 3




          ii.       Order (I) Extending the Deadline By Which the Debtors May Remove Civil
                    Actions, and (II) Granting Related Relief [Docket No. 315 – entered December
                    2, 2022]

         Status: On December 2, 2022, the Court entered an order with respect to this matter.
                 Accordingly, a hearing with respect to this matter is no longer necessary.

Dated: December 5, 2022
       Wilmington, Delaware
                                          /s/ Matthew P. Milana
                                          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




                                                  3
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