Certification Of Counsel Regarding Second Omnibus Order
Summary
A Certification of Counsel Regarding Second Omnibus Order Awarding Interim Allowance of Compensation for Services Rendered and for Reimbursement of Expenses, filed June 15, 2023 as Doc 864 in In re Kabbage, Inc. d/b/a KServicing, et al., Case No. 22-10951 (CTG), in the United States Bankruptcy Court for the District of Delaware. Counsel certifies that professionals filed interim fee applications [Docket Nos. 820, 821, 822, 823, 824 and 828] under the Interim Compensation Order entered October 21, 2022 [Docket No. 136], and that no objections were received before the last objection deadline expired on June 5, 2023. It states that the hearing on the applications is scheduled for June 22, 2023, that the applicants agreed to the proposed omnibus order and the U.S. Trustee does not object. The Debtors ask that the proposed order be entered at the court's earliest convenience.
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Case 22-10951-CTG Doc 864 Filed 06/15/23 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. 820, 821, 822, 823, 824 & 828
------------------------------------------------------------ x
CERTIFICATION OF COUNSEL REGARDING SECOND 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. 820, 821, 822, 823, 824 and 828] (the “Interim
Applications”) with the United States Bankruptcy Court for the District of Delaware (the
“Court”).
2. Pursuant to the Interim Applications, objections to each of the Interim
Applications, if any, were to be filed and served no later than the objection deadline set forth on
each of the Interim Applications in accordance with the Interim Compensation Order (as
applicable, the “Objection Deadline”), the last of which expired on June 5, 2023. The
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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.
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Case 22-10951-CTG Doc 864 Filed 06/15/23 Page 2 of 3
Applicants received no objections or responses to the Interim Applications prior to the applicable
Objection Deadline. The hearing to consider approval of the Interim Applications is currently
scheduled for June 22, 2023 at 10:00 a.m. (Eastern Time).
3. As there are no objections to the approval of the Interim Applications,
counsel to the above-captioned debtors and debtors in possession (the “Debtors”) prepared a
proposed form of omnibus order (the “Proposed Order”) approving the Interim Applications. A
copy of the Proposed Order is attached hereto as Exhibit A.
4. The Proposed Order has been circulated to each Applicant and the Office
of the United States Trustee for the District of Delaware (the “U.S. Trustee”). The Applicants
have agreed to entry of the Proposed Order, and the U.S. Trustee does not object to the entry of
the Proposed Order.
WHEREFORE, the Debtors respectfully request that the Proposed 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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Case 22-10951-CTG Doc 864 Filed 06/15/23 Page 3 of 3
Dated: June 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
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