For Entry Of An Order (I) Extending The Debtors’

Summary

A Certificate of No Objection filed May 15, 2023 as Doc 818 in In re Kabbage, Inc. d/b/a KServicing, et al., Case No. 22-10951 (CTG), a jointly administered Chapter 11 case in the U.S. Bankruptcy Court for the District of Delaware. It certifies that the Debtors received no answer or objection to their Second Motion under 11 U.S.C. § 1121(d) to extend their exclusive periods [Docket No. 796], filed April 28, 2023, by the May 12, 2023 objection deadline. It is signed by Richards, Layton & Finger, P.A. with Weil, Gotshal & Manges LLP as attorneys for the Debtors. Exhibit A is a proposed order granting the motion and extending the Exclusive Filing Period through July 31, 2023 and the Exclusive Solicitation Period through October 2, 2023.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

Case 22-10951-CTG Doc 818 Filed 05/15/23 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)
:
:
1
Debtors. : (Jointly Administered)
:
: Re: Docket No. 796
------------------------------------------------------------ x

CERTIFICATE OF NO OBJECTION REGARDING
SECOND MOTION OF DEBTORS PURSUANT TO 11 U.S.C. § 1121(d)
FOR ENTRY OF AN ORDER (I) EXTENDING THE DEBTORS’
EXCLUSIVE PERIODS AND (II) 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 Second Motion of Debtors Pursuant to 11 U.S.C. § 1121(d) for Entry of an

Order (I) Extending the Debtors’ Exclusive Periods and (II) Granting Related Relief [Docket No.

796] (the “Motion”) filed by the Debtors with the United States Bankruptcy Court for the District

of Delaware (the “Court”) on April 28, 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

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 29018387v.1

Case 22-10951-CTG Doc 818 Filed 05/15/23 Page 2 of 6

no later than May 12, 2023 at 4:00 p.m. (prevailing Eastern Time).

WHEREFORE, the Debtors respectfully request that an order, substantially in the form

attached hereto as Exhibit A, be entered at the earliest convenience of the Court.

Dated: May 15, 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)
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
chase.bentley@weil.com

Attorneys for Debtors
and Debtors in Possession

2
RLF1 29018387v.1

Case 22-10951-CTG Doc 818 Filed 05/15/23 Page 3 of 6

EXHIBIT A

RLF1 29018387v.1

Case 22-10951-CTG Doc 818 Filed 05/15/23 Page 4 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 Re: Docket No. 796

ORDER (I) GRANTING SECOND MOTION OF DEBTORS EXTENDING
THEIR EXCLUSIVE PERIODS AND (II) GRANTING RELATED RELIEF

Upon the motion (the “Motion”)2 of Kabbage Inc. d/b/a KServicing and its debtor affiliates, as

debtors and debtors in possession in the Chapter 11 Cases (collectively, the “Debtors”), for entry

of an order pursuant to section 1121(d) of title 11 of the United States Code (the “Bankruptcy

Code”) and Rule 9006-2 of the Local Rules of Bankruptcy Practice and Procedure of the United

States Bankruptcy Court for the District of Delaware, (i) further extending the Debtors’ exclusive

periods in which to file a chapter 11 plan (the “Exclusive Filing Period”), and to solicit acceptance

thereof (the “Exclusive Solicitation Period”, and together with the Exclusive Filing Period, the

“Exclusive Periods”), by 90 days, and (ii) granting related relief, all as more fully set forth in the

Motion; and the Court having jurisdiction to consider the Motion and the relief requested therein

pursuant to 28 U.S.C. §§ 157(a)–(b) and 1334(b), and the Amended Standing Order of Reference

from the United States District Court for the District of Delaware, dated February 29, 2012; and

RLF1 29018387v.1

Case 22-10951-CTG Doc 818 Filed 05/15/23 Page 5 of 6

consideration of the Motion and the requested relief being a core proceeding pursuant to 28 U.S.C.

§ 157(b); and venue being proper before this Court pursuant to 28 U.S.C. §§ 1408 and 1409; and

due and proper notice of the Motion having been provided to the Notice Parties; and such notice

having been adequate and appropriate under the circumstances; and it appearing that no other or

further notice need be provided; and this Court having held a hearing to consider the relief

requested in the Motion (the “Hearing”), if necessary, and any record thereof; and this Court

having determined that the legal and factual bases set forth in the Motion establish just cause for

the relief granted herein; and it appearing that the relief requested in the Motion is in the best

interests of the Debtors, their estates, creditors, and all parties in interest; and upon all of the

proceedings had before the Court and after due deliberation and sufficient cause appearing

therefor,

IT IS HEREBY ORDERED THAT:

1. The Motion is granted as provided herein.

2. Pursuant to section 1121(d) of the Bankruptcy Code, the Debtors’ Exclusive

Filing Period is extended through and including July 31, 2023.

3. Pursuant to section 1121(d) of the Bankruptcy Code, the Debtors’ Exclusive

Solicitation Period is extended through and including October 2, 2023.

4. The extension of the Exclusive Periods granted herein are without prejudice

to such further requests that may be made pursuant to section 1121(d) of the Bankruptcy Code by

the Debtors or any party in interest, for cause shown, upon notice and hearing.

5. The Debtors are authorized to take all steps necessary or appropriate to carry

out this Order.

2
RLF1 29018387v.1

Case 22-10951-CTG Doc 818 Filed 05/15/23 Page 6 of 6

6. This Court shall retain jurisdiction to hear and determine all matters arising

from or related to the implementation, interpretation, or enforcement of this Order.

3
RLF1 29018387v.1

File and source

File: gov.uscourts.deb.188293.818.0.pdf
Size: 219,963 bytes
SHA-256: 1c869e1f60a0a3fd825b6f2afa21e067ab1a1985158fd38327a76588ff068ca0
Our copy: gov.uscourts.deb.188293.818.0.pdf
Original: archive.org

For Entry Of An Order (I) Extending The Debtors’

Summary

Full text

File and source

Related records