Second Amended2 Notice Of Agenda For Hearing Scheduled

Summary

A Second Amended 2 Notice of Agenda, Doc 420, dated January 6, 2023, in the Chapter 11 cases of Kabbage, Inc. d/b/a KServicing, et al., Case No. 22-10951 (CTG), in the United States Bankruptcy Court for the District of Delaware, for a hearing scheduled for January 6, 2023 before the Honorable Craig T. Goldblatt. The heading states that the hearing has been cancelled with permission from the Court. The notice lists motions to file exhibits under seal as resolved matters, the Debtors' motion to enforce the settlement order and settlement agreement with Customers Bank (Docket No. 340) as continued to a date to be determined, and the Customers Bank motion to compel compliance (Docket No. 336), for which it says the parties intend to submit a stipulation and agreed form of order. It is signed /s/ Amanda R. Steele.

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“Second Amended2 Notice Of Agenda For Hearing Scheduled.” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/gov-uscourts-deb-188293-420-0-2b3ee179ce/, SHA-256 362d005741c7b621ff56db6bb2ca62858b83fb1530a5014fdebe0fa68856b118.

Full text

Case 22-10951-CTG Doc 420 Filed 01/06/23 Page 1 of 6

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

SECOND AMENDED 2 NOTICE OF AGENDA FOR HEARING SCHEDULED
FOR JANUARY 6, 2023 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 Customers Bank for Authorization to File Under Seal Exhibits A and C to the
Declaration of Alyssa White in Support of the Motion of Customers Bank for Entry of an
Order (I) Compelling Compliance with Court Approved Settlement Agreement and
Order; (II) Requiring Additional Adequate Protection in Favor of Customers Bank; and
(III) Granting Related Relief [Docket No. 338 – filed December 7, 2022]

Objection/Response Deadline: December 21, 2022 at 4:00 p.m. (ET); extended by
agreement to December 28, 2022 for the Office of
the United States Trustee (the “U.S. Trustee”)

Objections/Responses Received:

A. Informal comments received from the U.S. Trustee

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
Amended items appear in bold.

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Related Documents:

i. Certification of Counsel Regarding Motion of Customers Bank for Authorization
to File Under Seal Exhibits A and C to the Declaration of Alyssa White in
Support of the Motion of Customers Bank for Entry of an Order (I) Compelling
Compliance with Court Approved Settlement Agreement and Order;
(II) Requiring Additional Adequate Protection in Favor of Customers Bank; and
(III) Granting Related Relief [Docket No. 383 – filed December 28, 2022]

ii. Order Approving Motion of Customers Bank for Authorization to Seal Exhibits A
and C to the Declaration of Alyssa White in Support of the Motion of Customers
Bank for Entry of an Order (I) Compelling Compliance with Court Approved
Settlement Agreement and Order; (II) Requiring Additional Adequate Protection
in Favor of Customers Bank; and (III) Granting Related Relief [Docket No. 387 –
entered December 29, 2022]

Status: On December 29, 2022, the Court entered an order resolving this matter.
Accordingly, a hearing with respect to this matter is no longer necessary.

2. Debtors’ Motion for Entry of an Order Authorizing the Debtors to File Under Seal
Certain Exhibits to the Declarations in Support of Motion to Enforce [Docket No. 351 –
filed December 9, 2022]

Objection/Response Deadline: December 23, 2022 at 4:00 p.m. (ET)

Objections/Responses Received: None.

Related Documents:

i. Certificate of No Objection Regarding Debtors’ Motion for Entry of an Order
Authorizing the Debtors to File Under Seal Certain Exhibits to the Declarations in
Support of Motion to Enforce [Docket No. 380 – filed December 27, 2022]

ii. Order Authorizing the Debtors to File Under Seal Certain Exhibits to the
Declarations in Support of the Motion to Enforce [Docket No. 381 – entered
December 28, 2022]

Status: On December 28, 2022, the Court entered an order resolving this matter.
Accordingly, a hearing with respect to this matter is no longer necessary.

3. Motion of Customers Bank for Authorization to File Under Seal Exhibits 3, 3(a), 6, 8,
and 9 to the Declaration of Alyssa White in Support of Opposition of Customers Bank to
Debtor’s Motion for an Order Enforcing the Settlement Order and Settlement Agreement
Between KServicing and Customers Bank [Docket No. 359 – filed December 21, 2022]

Objection/Response Deadline: December 29, 2022 at 4:00 p.m. (ET)

Objections/Responses Received: None.

2
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Related Documents:

i. Certificate of No Objection Regarding the Motion of Customers Bank for
Authorizing to File Under Seal Exhibits 3, 3(a), 6, 8, and 9 to the Declaration of
Alyssa White in Support of Opposition of Customers Bank to Debtor’s Motion for
an Order Enforcing the Settlement Order and Settlement Agreement Between
KServicing and Customers Bank [Docket No. 393 – filed December 30, 2022]

ii. Order Approving Motion of Customers Bank for Authorization to File Under Seal
Exhibits 3, 3(a), 6, 8, and 9 to the Declaration of Alyssa White in Support of
Opposition of Customers Bank to Debtor’s Motion for an Order Enforcing the
Settlement Order and Settlement Agreement Between KServicing and Customers
Bank [Docket No. 402 – entered January 4, 2023]

Status: On January 4, 2023, the Court entered an order resolving this matter.
Accordingly, a hearing with respect to this matter is no longer necessary.

II. CONTINUED MATTER:

4. Motion of Debtors for Entry of an Order Enforcing the Settlement Order and the
Settlement Agreement Between KServicing and Customers Bank [Docket No. 340 – filed
December 7, 2022]

Objection/Response Deadline: December 21, 2022 at 4:00 p.m. (ET)

Objections/Responses Received:

A. 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 – filed December 21, 2022]

i. [Sealed] Declaration of Alyssa White in Support of 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. 358 – filed December 21, 2022]

Related Documents:

i. Order (I) Authorizing and Approving Settlement Agreement Between KServicing
and Customers Bank and (II) Granting Related Relief [Docket No. 232 – entered
November 9, 2022]

ii. [Sealed] Declaration of Tamica M. Williams in Support of Motion of Debtors for
Entry of an Order Enforcing the Settlement Order and the Settlement Agreement
Between KServicing and Customers Bank [Docket No. 341 – filed December 7,
2022]

3
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iii. [Sealed] Declaration of Donna R. Evans in Support of Motion of Debtors for
Entry of an Order Enforcing the Settlement Order and the Settlement Agreement
Between KServicing and Customers Bank [Docket No. 342 – filed December 7,
2022]

iv. 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 [Docket No. 401 – filed January 3, 2023]

Status: The hearing on this matter has been adjourned to a date to be determined.

III. MATTER GOING FORWARD:

5. Motion of Customers Bank for Entry of an Order (I) Compelling Compliance with Court
Approved Settlement Agreement and Order; (II) Requiring Additional Adequate
Protection in Favor of Customers Bank; and (III) Granting Related Relief [Docket No.
336 – filed December 7, 2022]

Objection/Response Deadline: December 21, 2022 at 4:00 p.m. (ET)

Objections/Responses Received:

A. Debtors’ Objection to Motion of Customers Bank for Entry of an Order
(I) Compelling Compliance with Court Approved Settlement Agreement and
Order; (II) Requiring Additional Adequate Protection in Favor of Customers
Bank; and (III) Granting Related Relief [Docket No. 355 – filed December 21,
2022]

i. Declaration of Tamica M. Williams in Support of Debtors’ Objection to
Motion of Customers Bank for Entry of an Order (I) Compelling
Compliance with Court Approved Settlement Agreement and Order;
(II) Requiring Additional Adequate Protection in Favor of Customers
Bank; and (III) Granting Related Relief [Docket No. 357 – filed December
21, 2022]

Related Documents:

i. Order (I) Authorizing and Approving Settlement Agreement Between KServicing
and Customers Bank and (II) Granting Related Relief [Docket No. 232 – entered
November 9, 2022]

ii. [Sealed] Declaration of Alyssa White in Support of Motion of Customers Bank
for Entry of an Order (I) Compelling Compliance with Court Approved
Settlement Agreement and Order; (II) Requiring Additional Adequate Protection
in Favor of Customers Bank; and (III) Granting Related Relief [Docket No. 337 –
filed December 7, 2022]

4
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a. Notice of Filing of Proposed Redacted Version of Exhibits A and C to the
Declaration of Alyssa White in Support of Motion of Customers Bank for
Entry of an Order (I) Compelling Compliance with Court Approved
Settlement Agreement and Order; (II) Requiring Additional Adequate
Protection in Favor of Customers Bank; and (III) Granting Related Relief
[Docket No. 339 – filed December 7, 2022]

b. Re-Notice of Filing of Proposed Redacted Version of Exhibits A and C to
the Declaration of Alyssa White in Support of Motion of Customers Bank
for Entry of an Order (I) Compelling Compliance with Court Approved
Settlement Agreement and Order; (II) Requiring Additional Adequate
Protection in Favor of Customers Bank; and (III) Granting Related Relief
[Docket No. 382 – filed December 28, 2022]

iii. Customers Bank’s Reply to the Debtors’ Objection to Motion of Customers Bank
for Entry of an Order (I) Compelling Compliance with Court Approved
Settlement Agreement and Order; (II) Requiring Additional Adequate Protection
in Favor of Customers Bank; and (III) Granting Related Relief [Docket No. 408 –
filed January 5, 2023]

a. Declaration of Alyssa White in Support of Reply of Customers Bank to
Debtors’ Objection to Motion of Customers Bank for Entry of an Order (I)
Compelling Compliance with Court Approved Settlement Agreement and
Order; (II) Requiring Additional Adequate Protection in Favor of
Customers Bank; and (III) Granting Related Relief [Docket No. 409 –
filed January 5, 2023]

Witness Information:

i. Customers Bank’s Witness List for January 6, 2023 Hearing [Docket No. 411 –
filed January 5, 2023]

ii. Debtors’ Witness List for January 6, 2023 Hearing [Docket No. 412 – filed
January 5, 2023]

Exhibit Information:

i. Customers Bank’s Exhibit List for January 6, 2023 Hearing [Docket No. 410 –
filed January 5, 2023]

ii. Debtors’ Exhibit List for January 6, 2023 Hearing [Docket No. 413 – filed
January 5, 2023]

Status: The parties have resolved this matter and intend to submit a stipulation and agreed
form of order under certification of counsel. As a result, the hearing has been
cancelled with permission from the Court.

5
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Dated: January 6, 2023
Wilmington, Delaware
/s/ Amanda R. Steele
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

6
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