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Notice of Agenda for Hearing Scheduled for March 22, 2023 (Hearing Cancelled) — In re Kabbage, Inc. d/b/a KServicing (Dkt. 702)

Summary

A Notice of Agenda filed March 20, 2023, as Doc 702 in Case No. 22-10951 (CTG), for a hearing scheduled for March 22, 2023 at 1:00 p.m. before the Honorable Craig T. Goldblatt in the U.S. Bankruptcy Court for the District of Delaware. It states that, as no matters are scheduled to go forward, the hearing has been cancelled with permission from the Court. The one adjourned matter is the joint motion of Cross River Bank and Customers Bank for a Rule 2004 examination of American Express Kabbage Inc. [Docket No. 622], with the American Express objection and declarations, related documents and a reply listed. The status line says the hearing on that matter has been adjourned to March 29, 2023 at 2:00 p.m. (ET). It is signed /s/ Matthew P. Milana.

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“Notice of Agenda for Hearing Scheduled for March 22, 2023 (Hearing Cancelled) — In re Kabbage, Inc. d/b/a KServicing (Dkt. 702).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/gov-uscourts-deb-188293-702-0-3f8a97e610/, SHA-256 6a3846988d8cb5acee10d7d2ac19cdd1186fa9883916fbf252df580533fb7bae.

Full text

                   Case 22-10951-CTG             Doc 702         Filed 03/20/23       Page 1 of 3




                               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 22, 2023 AT 1:00 P.M. (PREVAILING EASTERN TIME),
           BEFORE THE HONORABLE CRAIG T. GOLDBLATT, AT THE UNITED
           STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

      AS NO MATTERS ARE SCHEDULED TO GO FORWARD, THE HEARING HAS
            BEEN CANCELLED WITH PERMISSION FROM THE COURT.

I.         ADJOURNED MATTER:

1.         Joint Motion of Cross River Bank and Customers Bank for an Order, Pursuant to Section
           105(a) of the Bankruptcy Code, Bankruptcy Rule 2004, and Local Bankruptcy Rule
           2004-1, Authorizing and Directing the Examination of American Express Kabbage Inc.
           [Docket No. 622 – filed March 8, 2023]

           Objection/Response Deadline:                March 15, 2023 at 4:00 p.m. (ET)

           Objections/Responses Received:

           A.       Objection of American Express to Joint Motion of Cross River Bank and
                    Customers Bank for an Order Authorizing Rule 2004 Examination [Docket No.
                    683 – filed March 15, 2023]

                    i.      Declaration of Regina Sorin in Support of Objection of American Express
                            to Joint Motion of Cross River Bank and Customers Bank for an Order
                            Authorizing Rule 2004 Examination [Docket No. 684 – filed March 15,
                            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.



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                   ii.    Declaration of Amanda Flug Davidoff in Support of Objection of
                          American Express to Joint Motion of Cross River Bank and Customers
                          Bank for an Order Authorizing Rule 2004 Examination [Docket No. 685 –
                          filed March 15, 2023]

         Related Documents:

         i.        Declaration of Isaac Nesser in Support of Joint Motion of Cross River Bank and
                   Customers Bank for an Order, Pursuant to Section 105(a) of the Bankruptcy
                   Code, Bankruptcy Rule 2004, and Local Bankruptcy Rule 2004-1, Authorizing
                   and Directing the Examination of American Express Kabbage, Inc. [Docket No.
                   623 – filed March 8, 2023]

         ii.       Second Amended Notice of Motion and Hearing [Docket No. 652 – filed March
                   10, 2023]

         iii.      [Sealed] Statement of Debtors in Support of Joint Motion of Cross River Bank
                   and Customers Bank for an Order, Pursuant to Section 105(a) of the Bankruptcy
                   Code, Bankruptcy Rule 2004, and Local Bankruptcy Rule 2004-1, Authorizing
                   and Directing the Examination of American Express Kabbage Inc. [Docket No.
                   694 – filed March 16, 2023]

         iv.       Reply to Objection of American Express to Joint Motion of Cross River Bank and
                   Customers Bank for an Order Authorizing Rule 2004 Examination [Docket No.
                   699 – filed March 17, 2023]

         Status: The hearing on this matter has been adjourned to March 29, 2023 at
                 2:00 p.m. (ET).




                                                  2
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Dated: March 20, 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, Esq. (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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