Notice Of Filing Of Revised Order (I) Approving The

Summary

A notice filed December 30, 2022 as Doc 398 by the Debtors in In re Kabbage, Inc. d/b/a KServicing, et al., Case No. 22-10951 (CTG), jointly administered Chapter 11 cases in the U.S. Bankruptcy Court for the District of Delaware. It concerns the Debtors' October 31, 2022 motion [Docket No. 176] for an order approving the disclosure statement, establishing solicitation and voting procedures, scheduling the confirmation hearing, approving special electronic noticing and cure procedures, and granting related relief. The notice files a revised version of the proposed order as Exhibit 1 and a blackline against the original proposed order as Exhibit 2. It states that the Debtors intend to present the revised order at the January 19, 2023 hearing before Judge Craig T. Goldblatt and reserve the right to amend it.

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“Notice Of Filing Of Revised Order (I) Approving The.” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/gov-uscourts-deb-188293-398-0-61e3da0af0/, SHA-256 90f9477ae4ff9315e08503f5111954b962cf9359adddca19b4ab7cd35ab97617.

Full text

Case 22-10951-CTG Doc 398 Filed 12/30/22 Page 1 of 3

UNITED STATES BANKRUPTCY COURT
DISTRICT OF DELAWARE

------------------------------------------------------------ x
: Chapter 11
In re :
: Case No. 22-10951 (CTG)
KABBAGE, INC. d/b/a KSERVICING, et al., :
: (Jointly Administered)
1
Debtors. :
:
: Re: Docket No. 176
------------------------------------------------------------ x

NOTICE OF FILING OF REVISED 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

PLEASE TAKE NOTICE THAT on October 31, 2022, Kabbage, Inc. d/b/a

KServicing and its debtor affiliates, as debtors and debtors in possession in the above-captioned

chapter 11 cases (collectively, the “Debtors”), filed the 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] (the “Motion”) with the

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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.

RLF1 28406391v.1

Case 22-10951-CTG Doc 398 Filed 12/30/22 Page 2 of 3

United States Bankruptcy Court for the District of Delaware (the “Court”). A proposed form of

order granting the relief requested in the Motion was attached to the Motion as Exhibit A (the

“Proposed Order”).

PLEASE TAKE FURTHER NOTICE THAT the Debtors hereby file a revised

version of the Proposed Order (the “Revised Order”), a copy of which is attached hereto as

Exhibit 1. For the convenience of the Court and all parties in interest, a blackline comparison of

the Revised Order marked against the Proposed Order is attached hereto as Exhibit 2.

PLEASE TAKE FURTHER NOTICE THAT the Debtors intend to present the

Revised Order to the Court at the hearing currently scheduled for January 19, 2023 at 10:00 a.m.

(prevailing Eastern Time) before The Honorable Craig T. Goldblatt, United States Bankruptcy

Judge, in the United States Bankruptcy Court for the District of Delaware, 824 North Market

Street, 3rd Floor, Courtroom 7, Wilmington, Delaware 19801.

PLEASE TAKE FURTHER NOTICE THAT the Debtors reserve the right to

amend, modify, or supplement the Revised Order. To the extent that the Debtors make further

revisions to the Revised Order, the Debtors will file a further revised order with the Court.

[Remainder of page intentionally left blank]

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Case 22-10951-CTG Doc 398 Filed 12/30/22 Page 3 of 3

Dated: December 30, 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

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