Debtors’ Motion For Entry Of An Order (I) Authorizing
Summary
A certificate of no objection filed April 11, 2023 as Doc 763 in In re Kabbage, Inc. d/b/a KServicing, et al., Case No. 22-10951 (CTG), jointly administered Chapter 11 cases in the U.S. Bankruptcy Court for the District of Delaware. It concerns the Debtors' motion [Docket No. 721] to approve a Loan Transfer Agreement between KServicing, Lendistry SBLC, LLC, and the Federal Reserve Bank of San Francisco and to authorize actions to transfer certain servicing rights and obligations. Debtors' counsel certifies that the motion was filed March 23, 2023 and that no objection was received by the April 6, 2023 deadline. It asks the court to enter the proposed order attached as Exhibit A, which incorporates the revised schedule of Transferred Loans filed April 5, 2023 [Docket No. 754]. It is signed by Richards, Layton & Finger, P.A., listed with Weil, Gotshal & Manges LLP as Debtors' attorneys.
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Case 22-10951-CTG Doc 763 Filed 04/11/23 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)
:
:
1
Debtors. : (Jointly Administered)
:
: Re: Docket Nos. 721 & 754
------------------------------------------------------------ x
CERTIFICATE OF NO OBJECTION REGARDING
DEBTORS’ MOTION FOR ENTRY OF AN ORDER (I) AUTHORIZING
AND APPROVING THE LOAN TRANSFER AGREEMENT BETWEEN
KSERVICING, LENDISTRY SBLC, LLC, AND THE FEDERAL RESERVE BANK
OF SAN FRANCISCO; (II) AUTHORIZING DEBTORS TO TAKE ALL ACTIONS
TO FACILITATE TRANSFER OF CERTAIN SERVICING RIGHTS AND
OBLIGATIONS; AND (III) GRANTING RELATED RELIEF
The undersigned hereby certifies that 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”), have received no answer, objection or any other responsive
pleading with respect to the Debtors’ Motion for Entry of an Order (I) Authorizing and
Approving the Loan Transfer Agreement Between KServicing, Lendistry SBLC, LLC, and the
Federal Reserve Bank of San Francisco: (II) Authorizing Debtors to Take all Actions to
Facilitate Transfer of Certain Servicing Rights and Obligations; and (III) Granting Related
Relief [Docket No. 721] (the “Motion”)2 filed by the Debtors with the United States Bankruptcy
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.
2
Capitalized terms that are used herein and not otherwise defined shall have the meanings given to them in the Motion.
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Case 22-10951-CTG Doc 763 Filed 04/11/23 Page 2 of 3
Court for the District of Delaware (the “Court”) on March 23, 2023. The undersigned further
certifies that no answer, objection or other responsive pleading to the Motion has appeared on
the Court’s docket in the above-captioned chapter 11 cases. Pursuant to the Notice of Motion
and Hearing filed with the Motion, any objection or response to the relief requested in the Motion
was to be filed and served no later than April 6, 2023 at 4:00 p.m. (prevailing Eastern Time).
WHEREFORE, the Debtors respectfully request that an order (the “Proposed Order”),3
substantially in the form attached hereto as Exhibit A, be entered at the earliest convenience of
the Court.
[Remainder of page intentionally left blank.]
3
The Proposed Order incorporates the revised schedule of Transferred Loans (the “Revised Schedule”) filed with the
Notice of Filing of Revised Exhibit to Loan Transfer Agreement on April 5, 2023 [Docket No. 754]. The Revised
Schedule is attached to the Loan Transfer Agreement as Exhibit A thereto. The Loan Transfer Agreement is attached
to the Proposed Order as Exhibit 1 thereto.
2
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Case 22-10951-CTG Doc 763 Filed 04/11/23 Page 3 of 3
Dated: April 11, 2023
Wilmington, Delaware
/s/ Huiqi Liu
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)
Huiqi Liu, Esq. (No. 6850)
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
liu@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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