Notice Of Adjourned Hearing To Consider Motion Of Debtors
Summary
A Notice of Adjourned Hearing to Consider Motion of Debtors for Entry of an Order Enforcing the Settlement Order and the Settlement Agreement Between KServicing and Customers Bank, filed January 3, 2023 as Doc 401 in In re Kabbage, Inc. d/b/a KServicing, et al., Case No. 22-10951 (CTG), in the United States Bankruptcy Court for the District of Delaware. The notice recites the Debtors' December 7, 2022 motion [Docket No. 340], which had a hearing set for January 6, 2023, and Customers Bank's opposition filed December 21, 2022 [Docket No. 356]. It states that no other objections were filed. By agreement of the parties, the hearing is adjourned to a date to be determined and the Debtors' reply deadline becomes seven calendar days before the adjourned hearing. The notice is three pages.
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Case 22-10951-CTG Doc 401 Filed 01/03/23 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 Nos. 340 & 356
------------------------------------------------------------ x
NOTICE OF ADJOURNED HEARING TO CONSIDER MOTION OF DEBTORS
FOR ENTRY OF AN ORDER ENFORCING THE SETTLEMENT ORDER AND THE
SETTLEMENT AGREEMENT BETWEEN KSERVICING AND CUSTOMERS BANK
PLEASE TAKE NOTICE THAT, on December 7, 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 an Order
Enforcing the Settlement Order and the Settlement Agreement Between KServicing and Customers
Bank [Docket No. 340] (the “Motion”) with the United States Bankruptcy Court for the District of
Delaware (the “Court”).
PLEASE TAKE FURTHER NOTICE THAT, as set forth in the Notice of Motion
and Hearing attached to the Motion, (i) the deadline to file objections or responses to the relief
sought in the Motion was December 21, 2022, at 4:00 p.m. (prevailing Eastern Time), and (ii) the
hearing to consider the Motion (the “Hearing”) was scheduled for January 6, 2023, at 10:00 a.m.
(prevailing Eastern Time).
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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 28411339v.1
Case 22-10951-CTG Doc 401 Filed 01/03/23 Page 2 of 3
PLEASE TAKE FURTHER NOTICE THAT, on December 21, 2022, Customers
Bank (“CB” and together with the Debtors, the “Parties”) filed the Opposition of Customers Bank
to Debtors’ Motion for Entry of an Order Enforcing the Settlement Order and the Settlement
Agreement Between KServicing and Customers Bank [Docket No. 356] (the “CB Objection”). No
other objections or responses were filed or received with respect to the Motion.
PLEASE TAKE FURTHER NOTICE THAT, the deadline by which the Debtors may
file a reply in support of the Motion and to address issues raised in the CB Objection is January 3,
2023 (the “Reply Deadline”).
PLEASE TAKE FURTHER NOTICE THAT, by agreement of the Parties, (i) the
Hearing is adjourned to a date and time to be determined by the Debtors (subject to the Court’s
calendar) and in consultation with CB and (ii) the Reply Deadline shall be seven (7) calendar
days prior to the date of adjourned Hearing, if and once such hearing is scheduled.
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RLF1 28411339v.1
Case 22-10951-CTG Doc 401 Filed 01/03/23 Page 3 of 3
Dated: January 3, 2023
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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