Notice Of Filing Of Further Revised Order (I) Approving The

Summary

A notice filed January 17, 2023 as Doc 452 by the Debtors 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 gives notice of a Further Revised Order approving the Debtors' disclosure statement, establishing solicitation and voting procedures, scheduling a confirmation hearing and granting related relief. The notice recounts that the Debtors filed the underlying Motion on October 31, 2022 [Docket No. 176] and a revised proposed order on December 30, 2022 at Docket No. 398. It attaches the Further Revised Order as Exhibit 1 and a blackline against the Revised Order as Exhibit 2. The Debtors state they intend to present it at a hearing on January 19, 2023 at 10:00 a.m. before United States Bankruptcy Judge Craig T. Goldblatt.

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“Notice Of Filing Of Further Revised Order (I) Approving The.” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/gov-uscourts-deb-188293-452-0-00b459e4b2/, SHA-256 d79a823b2f0ff17982b5ec456eaf527bef7678074a43bd33e4cb64f73e994590.

Full text

Case 22-10951-CTG Doc 452 Filed 01/17/23 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 No. 176 & 398
------------------------------------------------------------ x

NOTICE OF FILING OF FURTHER 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

PLEASE TAKE NOTICE THAT on October 31, 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 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] (the “Motion”) with the

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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 28490171v.1

Case 22-10951-CTG Doc 452 Filed 01/17/23 Page 2 of 3

United States Bankruptcy Court for the District of Delaware (the “Court”). A proposed form of

order granting the relief requested in the Motion was attached to the Motion as Exhibit A (the

“Proposed Order”).

PLEASE TAKE FURTHER NOTICE THAT on December 30, 2022, the Debtors

filed a revised version of the Proposed Order (the “Revised Order”) under notice at Docket No.

398.

PLEASE TAKE FURTHER NOTICE THAT the Debtors hereby file a further

revised version of the Proposed Order (the “Further Revised Order”), a copy of which is attached

hereto as Exhibit 1. For the convenience of the Court and all parties in interest, a blackline

comparison of the Further Revised Order marked against the Revised Order is attached hereto as

Exhibit 2.

PLEASE TAKE FURTHER NOTICE THAT the Debtors intend to present the

Further Revised Order to the Court at the hearing currently scheduled for January 19, 2023 at

10:00 a.m. (prevailing Eastern Time) before The Honorable Craig T. Goldblatt, United States

Bankruptcy Judge, in the United States Bankruptcy Court for the District of Delaware, 824 North

Market Street, 3rd Floor, Courtroom 7, Wilmington, Delaware 19801.

PLEASE TAKE FURTHER NOTICE THAT the Debtors reserve the right to

amend, modify, or supplement the Further Revised Order. To the extent that the Debtors make

further revisions to the Further Revised Order, the Debtors will file a further revised order with

the Court.

[Remainder of page intentionally left blank]

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Case 22-10951-CTG Doc 452 Filed 01/17/23 Page 3 of 3

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

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RLF1 28490171v.1

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