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Notice Of Blacklines Of Solicitation Versions Of (I) Amended

Summary

A notice filed January 19, 2023 as Doc 469 by the debtors in In re Kabbage, Inc. d/b/a KServicing, et al., Case No. 22-10951 (CTG), a jointly administered Chapter 11 case in the U.S. Bankruptcy Court for the District of Delaware. It recounts the filing of the Joint Chapter 11 Plan of Liquidation on October 4, 2022 [Docket No. 14] and the Disclosure Statement on October 5, 2022 [Docket No. 63], amended versions on December 30, 2022, second amended versions on January 17, 2023, and solicitation versions on January 19, 2023 [Docket No. 466] and [Docket No. 467]. The notice states that a blackline of the Solicitation Version of Plan against the Second Amended Plan is attached as Exhibit 1, and a blackline of the Solicitation Version of Disclosure Statement against the Second Amended Disclosure Statement as Exhibit 2.

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                   Case 22-10951-CTG             Doc 469         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)
                             1
                  Debtors.                                   :
                                                             :
                                                             :     Re: Docket Nos. 14, 63, 395, 396, 453, 454, 466 & 467
------------------------------------------------------------ x
   NOTICE OF BLACKLINES OF SOLICITATION VERSIONS 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

                    PLEASE TAKE NOTICE THAT on October 4, 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 Joint Chapter 11 Plan of Liquidation of

Kabbage, Inc. (d/b/a KServicing) and its Affiliated Debtors [Docket No. 14] (the “Plan”) with the

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

                    PLEASE TAKE FURTHER NOTICE THAT on October 5, 2022, the Debtors filed

the Disclosure Statement for the Joint Chapter 11 Plan of Liquidation of Kabbage, Inc. (d/b/a

KServicing) and its Affiliated Debtors [Docket No. 63] (the “Disclosure Statement”) with the

Court.




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 28500698v.1

                   Case 22-10951-CTG     Doc 469     Filed 01/19/23    Page 2 of 3




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

filed an amended version of the Plan [Docket No. 395] and an amended version of the Disclosure

Statement [Docket No. 396].

                   PLEASE TAKE FURTHER NOTICE THAT on January 17, 2023, the Debtors

filed a second amended version of the Plan [Docket No. 453] (the “Second Amended Plan”) and

a second amended version of the Disclosure Statement [Docket No. 454] (the “Second Amended

Disclosure Statement”).

                   PLEASE TAKE FURTHER NOTICE THAT on January 19, 2023, the Debtors

filed the solicitation version of the Plan [Docket No. 466] (the “Solicitation Version of Plan”)

and the solicitation version of the Disclosure Statement [Docket No. 467] (the “Solicitation

Version of Disclosure Statement”).

                   PLEASE TAKE FURTHER NOTICE THAT, for the convenience of the Court and

all parties in interest, a blackline comparison of the Solicitation Version of Plan marked against

the Second Amended Plan is attached hereto as Exhibit 1, and a blackline comparison of the

Solicitation Version of Disclosure Statement marked against the Second Amended Disclosure

Statement is attached hereto as Exhibit 2.



                            [Remainder of page intentionally left blank]




                                                 2
RLF1 28500698v.1

                   Case 22-10951-CTG   Doc 469     Filed 01/19/23   Page 3 of 3




 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




                                               3
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