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Notice Of Second Interim Fee Application

Summary

A notice of the second interim fee application request of Richards, Layton & Finger, P.A., filed May 15, 2023 as Doc 824 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. The firm, retained by the debtors, seeks $1,019,028.50 in compensation and $33,508.93 in expense reimbursement for January 1, 2023 through March 31, 2023. A summary table lists three monthly applications, at D.I. 621, D.I. 767 and D.I. 819, and reports no objections. Objections are due June 5, 2023 at 4:00 p.m. (ET), and a hearing is set for June 22, 2023 before Judge Craig T. Goldblatt. The notice lists Exhibits A to H, including a budget and staffing plan and an attorney certification.

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                   Case 22-10951-CTG             Doc 824         Filed 05/15/23       Page 1 of 4




                               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)
                                                             :
                                                             :         (Jointly Administered)
                             1
                  Debtors.                                   :
                                                             :         Obj. Deadline: June 5, 2023 at 4:00 p.m. (ET)
                                                             :         Hearing: June 22, 2023 at 10:00 a.m. (ET)
------------------------------------------------------------ x

                       NOTICE OF SECOND INTERIM FEE APPLICATION
                       REQUEST OF RICHARDS, LAYTON & FINGER, P.A.


    Name of applicant (the “Applicant”):                      Richards, Layton & Finger, P.A.

                                                              the above-captioned debtors and debtors in
    Authorized to provide professional services to:           possession

    Date of retention:                                        October 28, 2022 nunc pro tunc to October 3, 2022

    Period for which compensation and
    reimbursement is sought:                                  January 1, 2023 through March 31, 2023

    Amount of compensation sought as
    actual, reasonable, and necessary:                        $1,019,028.50

    Amount of expense reimbursement sought
    as actual, reasonable, and necessary:                     $33,508.93

This is a(n): X interim             ____ final application




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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                   Case 22-10951-CTG          Doc 824       Filed 05/15/23       Page 2 of 4




Summary of fee applications for the compensation period:

                                                                Total Amount Approved            Holdback
                                                                to Date via Certification          Fees
                              Total Amount Requested                of No Objection              Requested
   Date
Filed and
 Docket          Period                                             Fees          Expenses          Fees
   No.          Covered           Fees           Expenses         (@ 80%)        (@ 100%)         (@ 20%)
  3/8/23        1/1/23 –
                              $323,673.50       $10,333.27      $258,938.80      $10,333.27      $64,734.70
[D.I. 621]      1/31/23
 4/13/23        2/1/23 –
                              $231,181.00        $3,901.88      $184,944.80       $3,901.88      $46,236.20
[D.I. 767]      2/28/23
                                                                   $0.00           $0.00       $0.00
                                                                  Pending         Pending     Pending
 5/15/23           3/1/23 –
                              $464,174.00       $19,273.78        objection       objection   objection
[D.I. 819]         3/31/23
                                                                 deadline of     deadline of deadline of
                                                                   6/5/23          6/5/23      6/5/23
                              $1,019,028.50     $33,508.93      $443,883.60      $14,235.15 $110,970.90
Total:


Summary of any objections to fee applications: None.


                    PLEASE TAKE NOTICE that, pursuant to the Court’s Order Establishing

Procedures for Interim Compensation and Reimbursement of Expenses of Professionals, dated

October 21, 2022 [Docket No. 136] (the “Interim Compensation Order”)2, objections, if any, to

this Interim Fee Application must be filed with the Court by June 5, 2023 at 4:00 p.m. (ET) and

served on the Applicant at the address set forth below and the Notice Parties.

                    PLEASE TAKE FURTHER NOTICE that a hearing to consider this Interim Fee

Application will be held on June 22, 2023 at 10:00 a.m. (ET) before the Honorable Craig T.

Goldblatt, United States Bankruptcy Judge for the District of Delaware, at the Court, 824 N.

Market Street, 3rd Floor, Courtroom No. 7, Wilmington, Delaware 19801.



2
    Capitalized terms used but not defined herein shall have the meanings ascribed to such terms in the Interim
    Compensation Order.


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                                                       2

                   Case 22-10951-CTG    Doc 824     Filed 05/15/23     Page 3 of 4




                   PLEASE TAKE FURTHER NOTICE that, (i) attached hereto as Exhibit A is a

summary of compensation by each professional of the Applicant that worked on the above-

captioned chapter 11 cases, (ii) attached hereto as Exhibit B is a summary of compensation by

project category, (iii) attached hereto as Exhibit C is an expense summary, (iv) attached hereto as

Exhibit D are the Applicant’s customary and comparable compensation disclosures, (v) attached

hereto as Exhibit E is the Budget for Richards, Layton & Finger, P.A., as Co-Counsel to the

Debtors, for the Period from January 1, 2023 through March 31, 2023 (the “Budget”) and the

Staffing Plan for Richards, Layton & Finger, P.A., as Co-Counsel to the Debtors, for the Period

from January 1, 2023 through March 31, 2023 (the “Staffing Plan”), (vi) attached hereto as

Exhibit F is a summary of fees and hours budgeted compared to fees and hours billed,

(vii) attached hereto as Exhibit G are certain additional disclosures related to the Interim Fee

Application and (viii) attached hereto as Exhibit H is a certification, wherein an attorney of the

Applicant certifies to certain matters addressed in the Interim Compensation Order.




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                   Case 22-10951-CTG   Doc 824   Filed 05/15/23    Page 4 of 4




                   IF NO TIMELY OBJECTIONS ARE FILED TO THIS INTERIM FEE

APPLICATION, THE COURT, IN ACCORDANCE WITH THE TERMS OF THE

INTERIM COMPENSATION ORDER, MAY ENTER AN ORDER GRANTING THIS

INTERIM FEE APPLICATION WITHOUT A HEARING.

Dated:     May 15, 2023
           Wilmington, Delaware
                                         /s/ Amanda R. Steele
                                         RICHARDS, LAYTON & FINGER, P.A.
                                         Daniel J. DeFranceschi, Esq. (No. 2732)
                                         Amanda R. Steele (No. 5530)
                                         Zachary I. Shapiro (No. 5103)
                                         Matthew P. Milana (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

                                         Attorneys for the Debtors and Debtors in
                                         Possession




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