Notice Of (I) Entry Of Order Confirming Amended Joint Chapter
Summary
A notice of entry of the order confirming the Amended Joint Chapter 11 Plan of Liquidation of Kabbage, Inc. (d/b/a KServicing) and its affiliated debtors, and of the plan's Effective Date, filed June 20, 2023 as Doc 870 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. The notice states that the court entered the Confirmation Order [Docket No. 680] on March 15, 2023 and that the Effective Date of the Plan was June 20, 2023. It sets an Administrative Expense Claims Bar Date of July 25, 2023, lists the minimum contents of such a claim, and sets a Rejection Damages Bar Date of July 20, 2023 under Section 8.3 of the Plan. The three-page notice is signed by counsel for the Debtors at Richards, Layton & Finger, P.A. and Weil, Gotshal & Manges LLP.
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Case 22-10951-CTG Doc 870 Filed 06/20/23 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)
:
: (Jointly Administered)
Debtors.1 :
: Re: Docket Nos. 613, 627 & 680
------------------------------------------------------------ x
NOTICE OF (I) ENTRY OF ORDER CONFIRMING AMENDED JOINT CHAPTER
11 PLAN OF LIQUIDATION OF KABBAGE, INC. (d/b/a KSERVICING)
AND ITS AFFILIATED DEBTORS AND (II) EFFECTIVE DATE
PLEASE TAKE NOTICE that on March 15, 2023, the United States Bankruptcy
Court for the District of Delaware (the “Bankruptcy Court”) entered an order [Docket No. 680]
(the “Confirmation Order”) confirming the Amended Joint Chapter 11 Plan of Liquidation of
Kabbage, Inc. (d/b/a KServicing) and Its Affiliated Debtors, dated as of March 9, 2023 [Docket
No. 627] (as supplemented, the “Plan”).2
PLEASE TAKE FURTHER NOTICE that the Effective Date of the Plan was
June 20, 2023.
PLEASE TAKE FURTHER NOTICE that, unless otherwise provided by the
Plan, the Cash Collateral Order, the Confirmation Order, or any other applicable order of the
Bankruptcy Court, or agreed to by the holder of an Allowed Administrative Expense Claim and
the Debtors or the Wind Down Estates, as applicable, all requests for payment of Administrative
Expense Claims must be filed with the Bankruptcy Court and served on the Debtors and the Wind
Down Officer (as the case may be), the Claims and Noticing Agent, and the U.S. Trustee no later
than July 25, 2023 (the “Administrative Expense Claims Bar Date”); provided that, Allowed
Administrative Expense Claims representing liabilities incurred in the ordinary course of business
by the Debtors, as Debtors in Possession, shall be paid by the Debtors in the ordinary course of
business, consistent with past practice and in accordance with the terms and subject to the
conditions of any orders or agreements governing, instruments evidencing, or other documents
establishing, such liabilities. Such proof of Administrative Expense Claim must include at a
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 such terms in the Plan.
RLF1 29180129V.1
Case 22-10951-CTG Doc 870 Filed 06/20/23 Page 2 of 3
minimum: (i) the name of the applicable Debtor that is purported to be liable for the Administrative
Expense Claim and if the Administrative Expense Claim is asserted against more than one Debtor,
the exact amount asserted to be owed by each such Debtor; (ii) the name of the holder of the
Administrative Expense Claim; (iii) the asserted amount of the Administrative Expense Claim;
(iv) the basis of the Administrative Expense Claim; and (v) supporting documentation for the
Administrative Expense Claim.
PLEASE TAKE FURTHER NOTICE that holders of Administrative Expense
Claims that are required to file and serve a request for payment of such Administrative
Expense Claims that do not file and serve such a request by the Administrative Expense
Claims Bar Date shall be forever barred and disallowed from asserting such Administrative
Expense Claims against the Debtors, the Wind Down Estates, or their respective property or
interests.
PLEASE TAKE FURTHER NOTICE that the Debtors filed the Schedule of
Rejected Contracts [Docket No. 613] on March 6, 2023. In accordance with Section 8.3 of the
Plan, in the event the rejection of an executory contract or unexpired lease, solely pursuant to the
Plan, results in damages to the other party or parties to such contract or lease, a Proof of Claim on
account of such rejection damages Claim must be filed by July 20, 2023 (the “Rejection Damages
Bar Date”).
PLEASE TAKE FURTHER NOTICE that any such rejection damages Claim
will be forever barred and will not be enforceable against the Debtors, the Wind Down
Estates, or their respective property unless a Proof of Claim is timely filed by the Rejection
Damages Bar Date, unless otherwise expressly allowed by the Court.
PLEASE TAKE FURTHER NOTICE that all documents filed with the
Bankruptcy Court in connection with the above-captioned chapter 11 cases, including the Plan and
Confirmation Order, 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. Copies of all such documents may also be
obtained by contacting Omni (i) in writing at Kabbage, Inc. d/b/a KServicing, et al., c/o Omni
Agent Solutions, 5955 De Soto Ave., Suite 100, Woodland Hills, CA 91367, (ii) by email at
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 for a fee via PACER at http://www.deb.uscourts.gov.
PLEASE TAKE FURTHER NOTICE that the Plan and the provisions thereof
are binding on the Debtors, the Wind Down Estates, any holder of a Claim against, or Interest in,
the Debtors and such holder’s respective successors and assigns, whether or not the Claim or
Interest of such holder is impaired under the Plan and whether or not such holder voted to accept
the Plan.
2
RLF1 29180129V.1
Case 22-10951-CTG Doc 870 Filed 06/20/23 Page 3 of 3
Dated: June 20, 2023
Wilmington, Delaware
/s/ Zachary I. Shapiro
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
3
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