Certification Of Counsel Regarding Further Revised Order
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A Certification of Counsel Regarding Further Revised Order, filed January 19, 2023 as Doc 468 in In re Kabbage, Inc. d/b/a KServicing, et al., Case No. 22-10951 (CTG), jointly administered Chapter 11 cases in the U.S. Bankruptcy Court for the District of Delaware. It concerns the Debtors' October 31, 2022 motion [Docket No. 176] for an order approving the disclosure statement, establishing solicitation and voting procedures, scheduling the confirmation hearing and approving cure procedures. It recounts revised proposed orders filed December 30, 2022 at Docket No. 398 and January 17, 2023 at Docket No. 452, and a hearing held January 19, 2023. The Debtors attach a Further Revised Order as Exhibit 1 and a redline as Exhibit 2, state that the U.S. Trustee and the Federal Reserve Bank of San Francisco do not object, and ask the Court to enter it.
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Case 22-10951-CTG Doc 468 Filed 01/19/23 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)
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Debtors. :
:
: Re: Docket No. 176, 398 & 452
------------------------------------------------------------ x
CERTIFICATION OF COUNSEL REGARDING 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 28499936v.1
Case 22-10951-CTG Doc 468 Filed 01/19/23 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 under notice at Docket No. 398.
PLEASE TAKE FURTHER NOTICE THAT on January 17, 2023, the Debtors
filed a further revised version of the Proposed Order (the “Second Revised Order”) under notice
at Docket No. 452.
PLEASE TAKE FURTHER NOTICE THAT on January 19, 2023, the Court held
a hearing (the “Hearing”) to consider, among other things, entry of the Second Revised Order.
Consistent with the Court’s ruling at the Hearing, the Debtors have prepared a revised form of
Proposed Order (the “Further Revised Order”), attached hereto as Exhibit 1. The Further
Revised Order has been circulated to the Office of the United States Trustee for the District of
Delaware and the Federal Reserve Bank of San Francisco, and the aforementioned parties do not
object to the entry of the Further Revised Order. For the convenience of the Court and all parties
in interest, a redline comparison of the Further Revised Order marked against the Second Revised
Order is attached hereto as Exhibit 2.
[Remainder of page intentionally left blank]
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Case 22-10951-CTG Doc 468 Filed 01/19/23 Page 3 of 3
WHEREFORE the Debtors respectfully request that the Further Revised Order be
entered at the earliest convenience of the Court.
Dated: January 19, 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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