Notice of Agenda for Hearing Scheduled for March 13, 2023 — In re Kabbage, Inc. d/b/a KServicing, Case 22-10951-CTG, Doc. 643 (Filed 03/09/23)

Summary

A Notice of Agenda for a hearing scheduled for March 13, 2023 at 10:00 a.m. (Prevailing Eastern Time) before the Honorable Craig T. Goldblatt, filed in Case No. 22-10951 (CTG), the jointly administered chapter 11 cases of Kabbage, Inc. d/b/a KServicing, et al. It states that the hearing will take place in person and sets out the circumstances in which parties may appear by Zoom. Its agenda lists the objections and responses received to confirmation of the debtors' plan, including those of Lead Plaintiffs and Putative Class Members, the United States Trustee, Paul Pietschner, Cross River Bank and the United States, and a joinder by Customers Bank.

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“Notice of Agenda for Hearing Scheduled for March 13, 2023 — In re Kabbage, Inc. d/b/a KServicing, Case 22-10951-CTG, Doc. 643 (Filed 03/09/23).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/gov-uscourts-deb-188293-643-0-889769c00e/, SHA-256 598f3837aed1db2417a8d8ad58fe3aa6e4d89e73f8a15bf5f5c06bddbdc88a52.

Full text

Case 22-10951-CTG Doc 643 Filed 03/09/23 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 MARCH 13, 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/vJIsce2rpzwqHPfIwHZ2EJIBm8oIndIUrzM

I. CONFIRMATION:

1. Amended Joint Chapter 11 Plan of Liquidation of Kabbage, Inc. (d/b/a KServicing) and
its Affiliated Debtors [Docket No. 627 – filed March 9, 2023]

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 28653448v.1

Case 22-10951-CTG Doc 643 Filed 03/09/23 Page 2 of 6

Confirmation Objection/Response Deadline: February 28, 2023 at 4:00 p.m. (ET);
extended by agreement to March 2, 2023 at
4:00 p.m. (ET) for the Federal Reserve

Confirmation Objections/Responses Received:

A. Informal comments received from the Internal Revenue Service (the “IRS”)

B. Objection of Lead Plaintiffs and Putative Class Members to Confirmation of
Amended Joint Chapter 11 Plan of Kabbage, Inc. d/b/a KServicing and its Debtor
Affiliates [Docket No. 548 – filed February 21, 2023]

C. United States Trustee’s Limited Objection to Amended Joint Chapter 11 Plan of
Liquidation of Kabbage, Inc. (d/b/a KServicing) and its Affiliated Debtors
[Docket No. 590 – filed February 28, 2023]

D. Objection of Paul Pietschner to Confirmation of Debtors’ Proposed Plan of
Liquidation [Docket No. 591 – filed February 28, 2023]

E. Limited Objection and Reservation of Rights of Cross River Bank to
Confirmation of Debtors’ Chapter 11 Plan [Docket No. 592 – filed February 28,
2023]

F. United States’ Reservation of Rights and Limited Objection to the Amended Joint
Chapter 11 Plan of Liquidation of Kabbage, Inc. (d/b/a KServicing) and its
Affiliated Debtors [Docket No. 593 – filed February 28, 2023]

G. Joinder of Customers Bank in Limited Objection and Reservation of Rights of
Cross River Bank to Confirmation of Debtors’ Chapter 11 Plan [Docket No. 594 –
filed February 28, 2023]

Initial Assumption Notice Objection Deadline: March 6, 2023 at 4:00 p.m. (ET);
extended by agreement for
Salesforce.com, Inc. and Tableau
Software, LLC to March 7, 2023 at
4:00 p.m. (ET)

Initial Assumption Notice Objections Received:

A. Informal response received from Salesforce.com, Inc. and Tableau Software, LLC

B. Limited Objection of Insperity PEO Services, L.P. to the Assumption of the
Service Agreement with the Debtors [Docket No. 607 – filed March 6, 2023]

2
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Case 22-10951-CTG Doc 643 Filed 03/09/23 Page 3 of 6

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