Notice Of Appearance, Request For Service Of Papers

Summary

A Notice of Appearance, Request for Service of Papers and Reservation of Rights filed August 2, 2023 as Doc 933 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. Fineman Krekstein & Harris PC appears as counsel for First-Citizens Bank & Trust Company, successor by merger to CIT Bank, N.A., a party in interest. Under Bankruptcy Rules 2002 and 9007 and 11 U.S.C. §§342 and 1109(b), it asks that all notices, pleadings, orders and papers affecting First-Citizens' rights be served on its counsel. The notice states First-Citizens' intent that the appearance not waive its rights to de novo district court review in non-core matters, trial by jury, withdrawal of the reference, or other claims, defenses and set-offs.

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                Case 22-10951-CTG              Doc 933        Filed 08/02/23       Page 1 of 3




                          THE UNITED STATES BANKRUPTCY COURT
                             FOR THE DISTRICT OF DELAWARE


---------------------------------------------------------------x
In re                                                          :       Chapter 11
                                                               :
KABBAGE, INC. d/b/a KSERVICING, et al., 1,                     :       Case No. 22-10951 (CTG)
                                                               :
         Debtors.                                              :       (Jointly Administered)
---------------------------------------------------------------x

            NOTICE OF APPEARANCE, REQUEST FOR SERVICE OF PAPERS
                         AND RESERVATION OF RIGHTS

         PLEASE TAKE NOTICE, that the undersigned attorneys hereby appear as counsel for

First-Citizens Bank & Trust Company, successor by merger to CIT Bank, N.A. (“FIRST-

CITIZENS”), a party in interest in the above-captioned cases and hereby request, pursuant to

U.S. Bankruptcy Court Rules 2002 and 9007, and 11 U.S.C. §§342 and 1109(b) of the U.S.

Bankruptcy Code, that all copies and pleadings given or filed in this case be given and served

upon counsel at the following address and telephone number:

         Deirdre M. Richards, Esquire
         Fineman Krekstein & Harris PC
         drichards@finemanlawfirm.com
         1300 N. King Street
         Wilmington, DE 19801
         Telephone: (302) 538-8331
         Facsimile: (302) 394-9228



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 933      Filed 08/02/23     Page 2 of 3




         PLEASE TAKE FURTHER NOTICE that this request includes not only notices and

papers referred to in the Bankruptcy Rules specified above, but also includes, without limitation,

orders and notices of any application, motion, petition, pleading, request, complaint or demand,

whether formal or informal, whether written or oral and whether transmitted or conveyed by

mail, e-mail, hand delivery, telephone, telegraph, facsimile, telex, or otherwise: (1) that affects or

seeks to affect in any way any rights or interest of any creditor or any party-in-interest in this

case, including FIRST-CITIZENS with respect to (a) the debtor; (b) property of the estate or

proceeds thereof, in which the debtor may claim in interest; or (c) property or proceeds thereof in

the possession, custody or control of others that the debtor may seek to use; or (2) that requires

or seeks to require any act, delivery of any property, payment, or conduct by the delivery of any

property, payment, or other conduct by FIRST-CITIZENS.

         PLEASE TAKE FURTHER NOTICE that FIRST-CITIZENS intends that neither this

Entry of Appearance nor any later appearance, claim, or other pleadings shall waive (1) FIRST-

CITIZENS’s right to have final Orders in non-core matters entered only after de novo review by

the United States District Court; (2) FIRST-CITIZENS’s right to trial by jury in any proceeding

related to this case; (3) FIRST-CITIZENS’s right to have the United States District Court

withdraw the reference in any matter subject to mandatory or discretionary withdrawal; or (4)

any rights, claims, actions, defenses, set-offs or recruitments to which FIRST-CITIZENS is or

may be entitled to under agreement, in law or at equity, all of which rights, claims, actions,

defenses, set-off or recruitments FIRST-CITIZENS hereby expressly reserves.



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                Case 22-10951-CTG     Doc 933   Filed 08/02/23   Page 3 of 3




                                    FINEMAN KREKSTEIN & HARRIS PC

                                    By:   /s/Deirdre M. Richards
                                          Deirdre M. Richards (#4191)
                                          1300 N. King Street
                                          Wilmington, DE 19801
                                          Telephone: (302) 538-8331
                                          Facsimile: (302) 394-9228
                                          drichards@finemanlawfirm.com

                                          Attorneys for First-Citizens Bank & Trust
                                          Company, successor by merger to CIT Bank, N.A.
Dated: August 2, 2023




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