Proposed Order Approving Stipulation To Extend

Summary

A Certification of Counsel filed January 6, 2023 as Doc 426 by the United States in the jointly administered Chapter 11 cases of Kabbage, Inc. d/b/a KServicing, et al., Case No. 22-10951 (CTG), in the U.S. Bankruptcy Court for the District of Delaware. It submits a proposed order approving a stipulation to extend the United States' deadline to file a dischargeability complaint under 11 U.S.C. § 523(c). It states petitions were filed October 3, 2022, the 341 Meeting was held November 10, 2022, and the deadline under Rule 4007(c) is January 9, 2023; to the extent a complaint may be necessary, the United States seeks an extension through May 9, 2023. The parties agree the filing does not determine whether section 523(c) or Rule 4007(c) applies, and the U.S. Trustee does not object to the Debtors' entry into the stipulation. It is signed by Alastair M. Gesmundo of the Department of Justice.

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“Proposed Order Approving Stipulation To Extend.” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/gov-uscourts-deb-188293-426-0-3fe551221d/, SHA-256 84e8c004beacea72038c2b6a109986fb15f70f9dbad92e8fd48db95926687f54.

Full text

Case 22-10951-CTG Doc 426 Filed 01/06/23 Page 1 of 3

IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE

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

CERTIFICATION OF COUNSEL SUBMITTING
PROPOSED ORDER APPROVING STIPULATION TO EXTEND
THE UNITED STATES’ DEADLINE TO FILE A COMPLAINT
TO DETERMINE DISCHARGEABILITY OF DEBT

The United States of America (the “United States”) hereby certifies as follows:

1. On October 3, 2022 (the “Petition Date”), the above-captioned debtors and

debtors-in-possession (collectively, the “Debtors” and together with the United States, the

“Parties”) filed their voluntary petitions for relief under chapter 11 of title 11 of the United States

Code (the “Bankruptcy Code”).

2. On November 10, 2022, the meeting of creditors pursuant to 11 U.S.C. § 341 was

scheduled and conducted (the “341 Meeting”).

3. Pursuant to Rule 4007(c) of the Federal Rules of Bankruptcy Procedure (the

“Bankruptcy Rules”), a party in interest may file a complaint under 11 U.S.C. § 523(c) within

sixty days after the first date set for the 341 Meeting.

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) (the “Company”); 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.

Case 22-10951-CTG Doc 426 Filed 01/06/23 Page 2 of 3

4. Accordingly, the deadline by which to file a complaint under 11 U.S.C. § 523(c) is

January 9, 2023 (the “Nondischargeability Deadline”), or such later date as may be ordered by

the Court. The Nondischargeability Deadline has not expired as of the filing of this Certification

of Counsel and accompanying stipulation and proposed order.

5. To the extent that the filing of a dischargeability complaint under 11 U.S.C. §

523(c) may be necessary, the United States seeks an extension of the Nondischargeability Deadline

through and including May 9, 2023.

6. The Parties agree that nothing in this Certification of Counsel, accompanying

stipulation, or proposed order constitutes a determination that section 523(c) of the

Bankruptcy Code or Bankruptcy Rule 4007(c) apply, or that any deadline exists to seek a

determination of dischargeability under section 1141(d)(6) of the Bankruptcy Code.

7. Nevertheless, and out of an abundance of caution, and since the proposed

confirmation hearing date is scheduled for after the current Nondischargeability Deadline, the

Parties have entered into a Stipulation to Extend the United States’ Deadline to File a Complaint

to Determine Dischargeability of Debt (the “Stipulation”), 2 a copy of which is attached as

Exhibit 1 to the proposed order attached hereto as Exhibit A (the “Proposed Order”).

8. The Stipulation has been circulated to the Office of the United States Trustee for

the District of Delaware, and it does not object to the Debtors’ entry into the Stipulation.

WHEREFORE, the Parties respectfully request that the Court enter the Proposed Order

at its earliest convenience without further notice or a hearing.

Dated: January 6, 2023

2
Capitalized terms used herein but not otherwise defined herein shall have the meanings ascribed to them in the
Stipulation.

Case 22-10951-CTG Doc 426 Filed 01/06/23 Page 3 of 3

BRIAN M. BOYNTON
Principle Deputy Assistant Attorney General

DAVID C. WEISS
United States Attorney

/s/ Alastair M. Gesmundo
RUTH A. HARVEY
RODNEY A. MORRIS
ALASTAIR M. GESMUNDO
STANTON MCMANUS
Commercial Litigation Branch
Civil Division
United States Department of Justice
P.O. Box 875
Ben Franklin Station
Washington, D.C. 20044
Tel. (202) 305-4659
Fax (202) 514-9163
Alastair.M.Gesmundo@usdoj.gov

Attorneys for the United States of America

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