Order (I) Granting Second Motion Of Debtors Extending
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An order entered May 16, 2023 as Doc 827 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, signed by United States Bankruptcy Judge Craig T. Goldblatt. It grants, re Docket No. 796, the debtors' second motion under section 1121(d) of the Bankruptcy Code to extend their exclusive periods, which sought a further 90-day extension. The order extends the Exclusive Filing Period through and including July 31, 2023 and the Exclusive Solicitation Period through and including October 2, 2023. The extensions are without prejudice to further requests by the debtors or any party in interest, and the court retains jurisdiction. The order is three pages.
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Case 22-10951-CTG Doc 827 Filed 05/16/23 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 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
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 used but not otherwise defined herein shall have the respective meanings ascribed to such terms
in the Motion.
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Case 22-10951-CTG Doc 827 Filed 05/16/23 Page 2 of 3
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
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Case 22-10951-CTG Doc 827 Filed 05/16/23 Page 3 of 3
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.
CRAIG T. GOLDBLATT
Dated: May 16th, 2023 UNITED STATES BANKRUPTCY JUDGE
Wilmington, Delaware
3
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