Notice Of Filing Of Fourth Supplement

Summary

A Notice of Filing of Fourth Supplement to the Amended Joint Chapter 11 Plan of Liquidation of Kabbage, Inc. (d/b/a KServicing) and Its Affiliated Debtors, filed June 15, 2023 as Doc 867 in Case No. 22-10951 (CTG), jointly administered in the U.S. Bankruptcy Court for the District of Delaware. The notice recites that the debtors filed on October 3, 2022 and that the Court entered the Confirmation Order [Docket No. 680] on March 15, 2023, confirming the Amended Plan [Docket No. 627]. It states that the debtors have revised the Assumption Schedule to include additional contracts with counterparty consent, that the Revised Assumption Schedule supersedes prior versions, and that a redline is attached as Exhibit A-1. It is signed by Richards, Layton & Finger, P.A.; the signature block also lists Weil, Gotshal & Manges LLP, both as attorneys for the debtors.

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

Cite this document

“Notice Of Filing Of Fourth Supplement.” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/gov-uscourts-deb-188293-867-0-910cbd197b/, SHA-256 bf49d37685e7faa8834a43eb34995881ea99d7c6949ea8c64f0405301eeb2712.

Full text

Case 22-10951-CTG Doc 867 Filed 06/15/23 Page 1 of 3

UNITED STATES BANKRUPTCY COURT
DISTRICT OF DELAWARE

---------------------------------------------------------- x
: Chapter 11
In re :
: Case No. 22-10951 (CTG)
KABBAGE, INC. d/b/a KSERVICING, et al., :
: (Jointly Administered)
:
Debtors.1 : Re: Docket Nos. 561, 611, 627, 630 & 680
:
---------------------------------------------------------- x

NOTICE OF FILING OF FOURTH SUPPLEMENT
TO THE AMENDED JOINT CHAPTER 11 PLAN OF LIQUIDATION
OF KABBAGE, INC. (d/b/a KSERVICING) AND ITS AFFILIATED DEBTORS

PLEASE TAKE NOTICE that on October 3, 2022, 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”), commenced cases under chapter 11 of title 11 of

the United States Code in the United States Bankruptcy Court for the District of Delaware

(the “Court”).

PLEASE TAKE FURTHER NOTICE that, on March 15, 2023, the Court entered

an order [Docket No. 680] (the “Confirmation Order”)2 confirming the Amended Plan [Docket

No. 627].

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 meanings ascribed to them in the Confirmation
Order or the Plan (as defined in the Confirmation Order), as applicable.

RLF1 29185280V.1

Case 22-10951-CTG Doc 867 Filed 06/15/23 Page 2 of 3

PLEASE TAKE FURTHER NOTICE that the Plan contemplates the submission

of the Plan Supplement.

PLEASE TAKE FURTHER NOTICE that the Debtors previously filed three

Plan Supplements. See Docket Nos. 561, 611 & 630. The second Plan Supplement (the “Second

Plan Supplement”) contained a revised Assumption Schedule. The Debtors have the right to

amend the Plan Supplement, including any document contained therein, through the Effective Date

of the Plan. See Plan § 1.83.

PLEASE TAKE FURTHER NOTICE that the Debtors have further revised the

Assumption Schedule (the “Revised Assumption Schedule”) to include additional contracts with

the consent of the non-Debtor counterparty thereto. The Revised Assumption Schedule replaces

and supersedes all prior versions of the Assumption Schedule. A redline comparison of the

Revised Assumption Schedule marked against the Assumption Schedule filed with the Second

Plan Supplement is attached hereto as Exhibit A-1.

PLEASE TAKE FURTHER NOTICE that the Debtors reserve all rights to

further amend, revise, or supplement the Plan Supplement, and any of the documents contained

therein.

PLEASE TAKE FURTHER NOTICE that the documents related to the Plan,

including the Plan Supplement and the documents therein, may be viewed free of charge by visiting

the website maintained by the Debtors’ claims, noticing and solicitation agent, Omni Agent

Solutions, Inc. (“Omni”), at http://www.omniagentsolutions.com/kservicing. Additionally,

copies of the Plan Supplement and the documents therein may be obtained by contacting Omni

(i) in writing at Kabbage, Inc. d/b/a KServicing, et al., c/o Omni Agent Solutions, Solicitation

Team, 5955 De Soto Ave., Suite 100, Woodland Hills, CA 91367, (ii) by email at

2
RLF1 29185280V.1

Case 22-10951-CTG Doc 867 Filed 06/15/23 Page 3 of 3

kservicinginquiries@omniagnt.com, or (iii) by telephone at 866-956-2138 (U.S. & Canada toll

free) or 747-226-5953 (international). You may also obtain copies of any pleadings filed in these

chapter 11 cases, including the Plan Supplement, for a fee via PACER at

http://www.deb.uscourts.gov.

Dated: June 15, 2023
Wilmington, Delaware
/s/ Matthew P. Milana
RICHARDS, LAYTON & FINGER, P.A.
Daniel J. DeFranceschi (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

-and-

WEIL, GOTSHAL & MANGES LLP
Ray C. Schrock (admitted pro hac vice)
Candace M. Arthur (admitted pro hac vice)
Chase A. Bentley (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

3
RLF1 29185280V.1

File and source

File: gov.uscourts.deb.188293.867.0.pdf
Size: 207,630 bytes
SHA-256: bf49d37685e7faa8834a43eb34995881ea99d7c6949ea8c64f0405301eeb2712
Our copy: gov.uscourts.deb.188293.867.0.pdf
Original: archive.org