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Notice of Agenda for January 19, 2023 Hearing — In re Kabbage, Inc. d/b/a KServicing (Bankr. D. Del.)

Summary

Notice of agenda filed January 17, 2023 as Doc 443 in In re Kabbage, Inc. d/b/a KServicing, Chapter 11 Case No. 22-10951 (CTG), for a hearing on January 19, 2023 at 10:00 a.m. before Judge Craig T. Goldblatt in the U.S. Bankruptcy Court for the District of Delaware. Two matters are submitted under certification: the debtors’ cash management motion, with a revised proposed final order filed January 12, 2023, and a motion to extend the time to assume or reject nonresidential real property leases, which drew no objection. The Juneau Group, LLC’s motion for an administrative expense claim is postponed to the February 27, 2023 omnibus hearing. Going forward is the debtors’ motion to approve the disclosure statement, opposed by the U.S. Trustee (Docket No. 431), the United States (Docket No. 433, limited objection) and Cross River Bank (Docket No. 437).

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“Notice of Agenda for January 19, 2023 Hearing — In re Kabbage, Inc. d/b/a KServicing (Bankr. D. Del.).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/gov-uscourts-deb-188293-443-0-5d3001594d/, SHA-256 1d070d69db1952fa667ef251e194afcead0b055ad49d6b6eaef8633bbceacbab.

Full text

                   Case 22-10951-CTG             Doc 443         Filed 01/17/23       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

                  NOTICE OF AGENDA FOR HEARING SCHEDULED
           FOR JANUARY 19, 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

       THE HEARING WILL BE HELD IN-PERSON IN JUDGE GOLDBLATT’S
     COURTROOM. ALL PARTIES, INCLUDING WITNESSES, ARE EXPECTED TO
        ATTEND IN PERSON UNLESS PERMITTED TO APPEAR VIA ZOOM.
       APPEARANCES AT IN-PERSON COURT PROCEEDINGS USING ZOOM ARE
     ALLOWED ONLY IN THE FOLLOWING CIRCUMSTANCES: (I) A PARTY WHO
        FILES A RESPONSIVE PLEADING INTENDS TO MAKE ONLY A LIMITED
      ARGUMENT; (II) A PARTY WHO HAS NOT SUBMITTED A PLEADING BUT IS
    INTERESTED IN OBSERVING THE HEARING; (III) A PARTY WHO HAS A GOOD
     FAITH HEALTH-RELATED REASON AND HAS OBTAINED PERMISSION FROM
      JUDGE GOLDBLATT’S CHAMBERS TO APPEAR REMOTELY, OR (IV) OTHER
     EXTENUATING CIRCUMSTANCES AS DETERMINED BY JUDGE GOLDBLATT.
                        IF YOU INTEND TO APPEAR VIA ZOOM, YOU ARE
                             REQUIRED TO REGISTER IN ADVANCE.
                PLEASE USE THE FOLLOWING ZOOM REGISTRATION LINK:
    https://debuscourts.zoomgov.com/meeting/register/vJItf-2prDouGdpaOTo1XbuslmbvqTXOEQ0


I.         MATTERS SUBMITTED UNDER CERTIFICATION:

1.         Motion of Debtors for Entry of Interim and Final Orders (I) Authorizing Debtors to
           (A) Continue Using Existing Cash Management System, Bank Accounts, and Business



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.


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         Forms, (B) Implement Changes to Cash Management in the Ordinary Course of
         Business; and (II) Granting Related Relief [Docket No. 12 – filed October 3, 2022]

         Objection/Response Deadline:           October 31, 2022, at 4:00 p.m. (ET); extended by
                                                agreement to January 12, 2023 at 4:00 p.m. (ET) for
                                                the Office of the United States Trustee (the “U.S.
                                                Trustee”)

         Objections/Responses Received:

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

         Related Documents:

         i.        Emergency Bridge Order Authorizing Debtors’ Postpetition Use of Cash
                   Management System on an Interim Basis Pending a Further Hearing [Docket No.
                   43 – entered October 4, 2022]

         ii.       Interim Order (I) Authorizing (A) Debtors to Continue Using Existing Cash
                   Management System, Bank Accounts, and Business Forms, (B) Implement
                   Changes to Cash Management in the Ordinary Course of Business; and
                   (II) Granting Related Relief [Docket No. 78 – entered October 6, 2022]

         iii.      Notice of (A) Entry of Interim Order (I) Authorizing (A) Debtors to Continue
                   Using Existing Cash Management System, Bank Accounts, and Business Forms,
                   (B) Implement Changes to Cash Management in the Ordinary Course of Business;
                   and (II) Granting Related Relief; and (B) Final Hearing Thereon [Docket No. 84 –
                   filed October 26, 2022]

         iv.       Second Interim Order (I) Authorizing (A) Debtors to Continue Using Existing
                   Cash Management System, Bank Accounts, and Business Forms, (B) Implement
                   Changes to Cash Management in the Ordinary Course of Business; and
                   (II) Granting Related Relief [Docket No. 195 – entered November 2, 2022]

         v.        Third Interim Order (I) Authorizing (A) Debtors to Continue Using Existing Cash
                   Management System, Bank Accounts, and Business Forms, (B) Implement
                   Changes to Cash Management in the Ordinary Course of Business; and
                   (II) Granting Related Relief [Docket No. 262 – entered November 18, 2022]

         vi.       Certification of Counsel Regarding Revised Proposed Final Order (I) Authorizing
                   (A) Debtors to Continue Using Existing Cash Management System, Bank
                   Accounts, and Business Forms, (B) Implement Changes to Cash Management in
                   the Ordinary Course of Business; and (II) Granting Related Relief [Docket No.
                   439 – filed January 12, 2023]

         Status: On January 12, 2023, the Debtors submitted a revised proposed form of final
                 order under certification of counsel. Accordingly, a hearing with respect to this
                 matter is only necessary to the extent the Court has any questions or concerns.

                                                   2
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2.       Motion of Debtors for Entry of Order (I) Extending Time to Assume or Reject Unexpired
         Leases of Nonresidential Real Property and (II) Granting Related Relief [Docket No. 418
         – filed January 5, 2023]

         Objection/Response Deadline:          January 12, 2023 at 4:00 p.m. (ET)

         Objections/Responses Received:        None at this time.

         Related Documents:

         i.        Certificate of No Objection Regarding Motion of Debtors for Entry of Order
                   (I) Extending Time to Assume or Reject Unexpired Leases of Nonresidential Real
                   Property and (II) Granting Related Relief [Docket No. 442 – filed January 13,
                   2023]

         Status: On January 13, 2023, the Debtors filed a certificate of no objection with respect to
                 this matter. Accordingly, a hearing with respect to this matter is no longer
                 necessary.

II.      CONTINUED MATTER:

3.       Motion of The Juneau Group, LLC for Allowance of Administrative Expense Claim
         Pursuant to 11 U.S.C. 503(b)(9) [Docket No. 345 – filed December 6, 2022]

         Objection/Response Deadline:          January 12, 2023 at 4:00 p.m. (ET)

         Objections/Responses Received:        None at this time.

         Related Documents:

         i.        Motion of Continuance [Docket No. 421 – filed January 6, 2023]

         Status: The hearing on this matter has been continued to the omnibus hearing scheduled
                 for February 27, 2023 at 10:00 a.m. (ET).

III.     MATTER GOING FORWARD:

4.       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 – filed October 31, 2022]

         Objection/Response Deadline:          November 14, 2022, at 4:00 p.m. (ET); extended to
                                               December 2, 2022 at 4:00 p.m. (ET); extended to
                                               January 11, 2023 at 4:00 p.m. (ET) for the U.S.
                                               Trustee, the Federal Reserve Bank of San Francisco


                                                  3
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                                                (the “Federal Reserve”) and Fortis Advisors, LLC
                                                as the agent of the Target Company Securityholders
                                                (as such term is defined in that certain Agreement
                                                and Plan of Merger dated as of August 16, 2020), as
                                                well as certain former directors and officers of the
                                                Debtors in the Kabbage Inc. d/b/a/ KServicing
                                                Chapter 11 Cases (“Fortis”); extended for the
                                                United States of America on behalf of itself and the
                                                Small Business Administration to January 11, 2023;
                                                extended to January 12, 2023 at 12:00 noon (ET)
                                                for Cross River Bank

         Objections/Responses Received:

         A.        Informal comments received from the Federal Reserve

         B.        Informal comments received from Fortis

         C.        United States Trustee’s Objection to 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. 431 – filed January 11,
                   2023]

         D.        United States’ Reservation of Rights and Limited Objection to Debtors’ Motion
                   for Entry of Order Approving the Disclosure Statement of the Debtors and to the
                   Adequacy of Debtors’ Amended Disclosure Statement for the Amended Joint
                   Chapter 11 Plan of Liquidation [Docket No. 433 – filed January 11, 2023]

         E.        Cross River Bank’s Objection to 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. 437 – filed January 12,
                   2023]

         Related Documents:

         i.        Joint Chapter 11 Plan of Liquidation Kabbage, Inc. (d/b/a KServicing) and its
                   Affiliated Debtors [Docket No. 14 – filed October 4, 2022]




                                                   4
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         ii.       Disclosure Statement for the Joint Chapter 11 Plan of Liquidation of Kabbage,
                   Inc. (d/b/a KServicing) and its Affiliated Debtors [Docket No. 63 – filed October
                   5, 2022]

         iii.      Notice of Hearing to Consider Approval of Disclosure Statement for the Joint
                   Chapter 11 Plan of Liquidation of Kabbage, Inc. (d/b/a KServicing) and its
                   Affiliated Debtors [Docket No. 98 – filed October 12, 2022]

         iv.       Notice of Extended Objection Deadline for and Continued Hearing to Consider
                   Approval of (I) the Disclosure Statement and (II) the Relief Requested in the
                   Disclosure Statement Motion [Docket No. 246 – filed November 11, 2022]

         v.        Notice of Continued Hearing to Consider Approval of (I) the Disclosure
                   Statement and (II) the Relief Requested in the Disclosure Statement Motion
                   [Docket No. 252 – filed November 15, 2022]

         vi.       Amended Joint Chapter 11 Plan of Liquidation of Kabbage, Inc. (d/b/a
                   KServicing) and its Affiliated Debtors [Docket No. 395 – filed December 30,
                   2022]

         vii.      Amended Disclosure Statement for the Amended Joint Chapter 11 Plan of
                   Liquidation of Kabbage, Inc. (d/b/a KServicing) and its Affiliated Debtors
                   [Docket No. 396 – filed December 30, 2022]

         viii.     Notice of Blacklines of (I) Amended Joint Chapter 11 Plan of Liquidation of
                   Kabbage, Inc. (d/b/a KServicing) and its Affiliated Debtors and (II) Amended
                   Disclosure Statement for the Amended Joint Chapter 11 Plan of Liquidation of
                   Kabbage, Inc. (d/b/a KServicing) and its Affiliated Debtors [Docket No. 397 –
                   filed December 30, 2022]

         ix.       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 [Docket No.
                   398 – filed December 30, 2022]

         Status: The hearing on this matter will go forward. The Debtors intend to file a reply to
                 the objections on or before January 17, 2023 at 4:00 p.m. (ET). The Debtors also
                 intend to file a revised plan, disclosure statement and proposed form of order prior
                 to the hearing.




                                                   5
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                   Case 22-10951-CTG   Doc 443     Filed 01/17/23   Page 6 of 6




Dated: January 17, 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




                                               6
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