Certification Of Counsel Regarding Revised First Omnibus Order
Summary
A certification of counsel regarding a revised first omnibus order awarding interim allowance of compensation and reimbursement of expenses, filed March 30, 2023 as Doc 744 in the jointly administered 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. It recounts that professionals filed interim fee applications [Docket Nos. 530, 531, 532, 533, 534 and 535] under the Interim Compensation Order [Docket No. 136] and that the debtors submitted a proposed order on March 14, 2023 [Docket No. 675]. It states that the Court's comments on the application of Richards, Layton & Finger, P.A. were resolved by agreed reductions reflected in a revised order. The debtors ask that the revised order, attached as Exhibit A with a blackline as Exhibit B, be entered.
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Case 22-10951-CTG Doc 744 Filed 03/30/23 Page 1 of 3
UNITED STATES BANKRUPTCY COURT
DISTRICT OF DELAWARE
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In re : Chapter 11
:
KABBAGE, INC. d/b/a KSERVICING, et al., : Case No. 22-10951 (CTG)
:
:
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Debtors. : (Jointly Administered)
:
: Re: Docket Nos. 530, 531, 532, 533, 534, 535 & 675
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CERTIFICATION OF COUNSEL REGARDING REVISED FIRST OMNIBUS ORDER
AWARDING INTERIM ALLOWANCE OF COMPENSATION FOR SERVICES
RENDERED AND FOR REIMBURSEMENT OF EXPENSES
The undersigned hereby certifies as follows:
1. In accordance with the Order Establishing Procedures for Interim
Compensation and Reimbursement of Expenses of Professionals, entered October 21, 2022
[Docket No. 136] (the “Interim Compensation Order”), those professionals listed on Exhibit
A attached hereto (each, an “Applicant” and collectively, the “Applicants”) filed their
respective interim fee applications [Docket Nos. 530, 531, 532, 533, 534 and 535] (the “Interim
Applications”) with the United States Bankruptcy Court for the District of Delaware (the
“Court”).
2. On March 14, 2023, the Debtors filed the Certification of Counsel
Regarding First Omnibus Order Awarding Interim Allowance of Compensation for Services
Rendered and for Reimbursement of Expenses [Docket No. 675]. Attached thereto as Exhibit A
was a proposed order approving the Interim Applications (the “Proposed Order”).
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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 28797503v.1
Case 22-10951-CTG Doc 744 Filed 03/30/23 Page 2 of 3
3. Following the submission of the Proposed Order, the Court made certain
comments with respect to the Interim Application of Richards, Layton & Finger, P.A.
(“RL&F”). The comments made by the Court were resolved by agreed upon reductions by
RL&F, which are reflected in a revised form of the Proposed Order (the “Revised Order”). A
copy of the Revised Order is attached hereto as Exhibit A. For the convenience of the Court and
all parties in interest, a blackline comparison of the Revised Order marked against the Proposed
Order is attached hereto as Exhibit B.
WHEREFORE, the Debtors respectfully request that the Revised Order,
substantially in the form attached hereto as Exhibit A, be entered at the earliest convenience of
the Court.
(Remainder of Page Intentionally Left Blank)
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RLF1 28797503v.1
Case 22-10951-CTG Doc 744 Filed 03/30/23 Page 3 of 3
Dated: March 30, 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
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