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).
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Cite this document
“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.
RLF1 28415439v.1
Case 22-10951-CTG Doc 443 Filed 01/17/23 Page 2 of 6
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
RLF1 28415439v.1
Case 22-10951-CTG Doc 443 Filed 01/17/23 Page 3 of 6
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
RLF1 28415439v.1
Case 22-10951-CTG Doc 443 Filed 01/17/23 Page 4 of 6
(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
RLF1 28415439v.1
Case 22-10951-CTG Doc 443 Filed 01/17/23 Page 5 of 6
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
RLF1 28415439v.1
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
RLF1 28415439v.1File and source
- File
- gov.uscourts.deb.188293.443.0.pdf
- Size
- 280,661 bytes
- SHA-256
- 1d070d69db1952fa667ef251e194afcead0b055ad49d6b6eaef8633bbceacbab
- Original
- archive.org