Notice — In re Kabbage, Inc. d/b/a KServicing (Case No. 22-10951, Doc 379)
Summary
In the United States Bankruptcy Court District of Delaware, In re Kabbage, Inc. d/b/a KServicing, et al., Case No. 22-10951 (CTG), Doc 379 filed 12/27/22 is a Notice of Staffing Report. It states that Phoenix Executive Services, LLC filed its Staffing Report for the period of October 24, 2022 through December 2, 2022, attached as Exhibit A, with an objection deadline of January 10, 2023 at 4:00 p.m. (ET). A footnote states that effective as of December 2, 2022 Marc Sullivan resigned as the Debtors' Chief Financial Officer and the Applicant's services are no longer required, so this is the first and final staffing report. It is dated December 27, 2022 and signed /s/ Zachary I. Shapiro of Richards, Layton & Finger, P.A.
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“Notice — In re Kabbage, Inc. d/b/a KServicing (Case No. 22-10951, Doc 379).”
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Case 22-10951-CTG Doc 379 Filed 12/27/22 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)
:
: Objection Deadline: January 10, 2023 at 4:00 p.m. (ET)
------------------------------------------------------------ x
NOTICE OF STAFFING REPORT
PLEASE TAKE NOTICE that, on the date hereof, Phoenix Executive Services,
LLC (the “Applicant”) has filed the Staffing Report of Phoenix Executive Services, LLC for the
Period of October 24, 2022 through December 2, 2022 (the “Staffing Report”) with the United
States Bankruptcy Court for the District of Delaware, 824 North Market Street, Wilmington,
Delaware 19801 (the “Bankruptcy Court”). The Staffing Report is attached hereto as
Exhibit A.2
PLEASE TAKE FURTHER NOTICE that objections, if any, to the Staffing
Report must be made in accordance with the 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] (the “Phoenix Executive Services Retention Order”) and must be served upon and
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
Effective as of December 2, 2022, Marc Sullivan resigned from his position as the Debtors’ Chief Financial
Officer and the Debtors (as defined below) no longer require the services of the Applicant. Accordingly, the
Staffing Report constitutes the first and final staffing report filed by the Applicant.
Case 22-10951-CTG Doc 379 Filed 12/27/22 Page 2 of 3
received by (i) Kabbage, Inc. d/b/a Kservicing (with its debtor affiliates, as debtors and debtors
in possession in the above-captioned chapter 11 cases, collectively, the “Debtors”), 925B
Peachtree Street, NE, Suite 383, Atlanta, GA 30309; (ii) counsel to the Debtors, Weil Gotshal
& Manges LLP, 767 Fifth Avenue, New York, NY 10153-0119, Attn: Ray C. Schrock, Candace
M. Arthur, Natasha S. Hwangpo, and Chase A. Bentley; (iii) counsel to the Debtors, Richards,
Layton & Finger, P.A., One Rodney Square, 920 North King Street, P.O. Box 551, Wilmington,
DE 19801, Attn: Daniel J. DeFranceschi, Amanda R. Steele, Zachary I. Shapiro, and Matthew
P. Milana; and (iv) the Office of the United States Trustee for the District of Delaware, 844
North King Street, Suite 2207, Lockbox 35, Wilmington, Delaware 19801, Attn: Richard
L. Schepacarter and Rosa Sierra-Fox, so as to be received by no later than January 10, 2023
at 4:00 p.m. (prevailing Eastern Time).
PLEASE TAKE FURTHER NOTICE that in the event an objection is raised and
not consensually resolved, the portion of the Staffing Report to which an objection is raised shall
be subject to review by the Bankruptcy Court.
2
Case 22-10951-CTG Doc 379 Filed 12/27/22 Page 3 of 3
PLEASE TAKE FURTHER NOTICE that, subject to the terms of the Phoenix
Executive Services Retention Order, the Debtors are authorized, but not directed, to pay, in the
ordinary course of business, all amounts requested in the Staffing Report.
Dated: December 27, 2022
Wilmington, Delaware
/s/ Zachary I. Shapiro
RICHARDS, LAYTON & FINGER, P.A.
Daniel J. DeFranceschi, Esq. (No. 2732)
Amanda R. Steele (No. 5530)
Zachary I. Shapiro (No. 5103)
Matthew P. Milana (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 (admitted pro hac vice)
Natasha S. Hwangpo (admitted pro hac vice)
Chase A. Bentley (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
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