Notice Of Appearance And Request

Summary

A Notice of Appearance and Request for Service Pursuant to Fed. R. Bankr. P. 2002, filed October 5, 2022 as Doc 61 in the 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. Scott D. Cousins and Scott D. Jones of Cousins Law LLC enter their appearance for Insperity, Inc. under section 1109(b) and Rules 2002 and 9010(b), and ask that all pleadings, motions, notices and other papers in the case be served on Insperity through them. The notice states that the appearance is not a submission to the Bankruptcy Court's jurisdiction or consent to entry of final orders in non-core matters. It reserves Insperity's rights, including the right to trial by jury and to seek withdrawal of the reference. The notice is three pages.

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                   Case 22-10951-CTG          Doc 61         Filed 10/05/22    Page 1 of 3




                        IN THE UNITED STATES BANKRUPTCY COURT
                             FOR THE DISTRICT OF DELAWARE

                                                         )
    In re:                                               )     Chapter 11
                                                         )
    KABBAGE INC. d/b/a KSERVICING, et al.,               )     Case No. 22-10951 (CTG)
                                                         )
                                       Debtors. 1        )
                                                         )
                                                         )
                                                         )

                         NOTICE OF APPEARANCE AND REQUEST
                     FOR SERVICE PURSUANT TO FED. R. BANKR. P. 2002

             PLEASE TAKE NOTICE that the undersigned counsel hereby enter their appearance for

Insperity, Inc., (“Insperity”) pursuant to section 1109(b) of the Bankruptcy Reform Act of 1978,

as codified in title 11 of the United States Code, 11 U.S.C. §§ 101-1532, Rules 2002 and 9010(b)

of the Federal Rules of Bankruptcy Procedure and Rule 2002-1(d) of the Local Rules of

Bankruptcy Practice and Procedure of the United States Bankruptcy Court for the District of

Delaware, and request that copies of all pleadings, motions, notices and other papers filed or served

in this bankruptcy case, be served upon Insperity through their undersigned counsel, as follows:

    Scott D. Cousins, Esq.
    Scott D. Jones, Esq.
    COUSINS LAW LLC
    Brandywine Plaza West
    1521 Concord Pike, Suite 301
    Wilmington, DE 19801
    Phone: (302) 824-7081
    E-Mail: scott.cousins@cousins-law.com
              scott.jones@cousins-law.com


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.

               Case 22-10951-CTG          Doc 61      Filed 10/05/22     Page 2 of 3




       PLEASE TAKE FURTHER NOTICE that, pursuant to 11 U.S.C. § 1109(b), the

foregoing request includes not only the notices and papers referred to in the Bankruptcy Rules

specified above, but also includes, without limitation, any notice, application, complaint, demand,

motion, petition, pleading, or request, whether formal or informal, written or oral, and whether

transmitted or conveyed by mail, delivery, telephone, electronic filing, facsimile, or otherwise filed

or made with regard to the referenced cases and proceedings herein.

       PLEASE TAKE FURTHER NOTICE that this Notice of Appearance and any

subsequent appearance, pleading, claim, or suit made or filed by Insperity does not, and shall not

be deemed or construed to be, to (A) constitute a submission by Insperity to the jurisdiction of the

Bankruptcy Court; or (B) constitute consent by Insperity to entry by the Bankruptcy Court of any

final order or judgment, or any other order having the effect of a final order or judgment, in any

non-core proceeding or with respect to any matter for which the Bankruptcy Court lacks

jurisdiction and/or constitutional authority to enter a final order, which consent is hereby

withheld unless expressly granted in the future with respect to a specific issue, matter, or

proceeding.

       PLEASE TAKE FURTHER NOTICE that this Notice of Appearance and any

subsequent appearance, pleading, claim, or suit made or filed by Insperity does not, and shall not

be deemed or construed to be a waiver or relinquishment of any substantive or procedural right,

including but not limited to: (a) the right to challenge the constitutional authority of the Bankruptcy

Court to enter a final order or judgment on, or any other order having the effect of a final order or

judgment on, any matter; (b) the right to trial by jury in any proceedings so triable herein, in any

associated adversary proceedings, in any litigation presently or hereafter pending in any other

court, or in any other case, controversy, or proceeding; (c) the right to seek withdrawal of the




                                                  2

               Case 22-10951-CTG         Doc 61      Filed 10/05/22    Page 3 of 3




bankruptcy reference by a United States District Court in any matter subject to mandatory or

discretionary withdrawal; and/or (d) any other rights, claims, actions, arguments,

counterarguments, defenses, setoffs, or recoupments to which Insperity is or may be entitled under

agreements, at law, in equity, or otherwise, all of which rights, claims, actions, arguments,

counterarguments, defenses, setoffs, and recoupments are expressly reserved, nor shall this request

for notice be deemed to constitute consent to electronic service of any pleading or papers as to

Insperity for which mailed or personal service is required under any applicable law, rule,

regulation, or order.


 Dated: October 5, 2022
        Wilmington, Delaware                        /s/ Scott D. Cousins
                                                    Scott D. Cousins (No. 3079)
                                                    Scott D. Jones (No. 6672)
                                                    COUSINS LAW LLC
                                                    Brandywine Plaza West
                                                    1521 Concord Pike, Suite 301
                                                    Wilmington, DE 19801
                                                    Telephone: (302) 824-7081
                                                    Facsimile: (302) 295-0331
                                                    E-mail: scott.cousins@cousins-law.com
                                                              scott.jones@cousins-law.com


                                               Counsel to Insperity, Inc.




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