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Certification Of Counsel Regarding Omnibus Order

Summary

A certification of counsel filed August 17, 2023 as Doc 959 in In re KServicing Wind Down Corp., et al., Case No. 22-10951 (CTG), jointly administered Chapter 11 cases in the U.S. Bankruptcy Court for the District of Delaware. It concerns a proposed omnibus order awarding final allowance of compensation and reimbursement of expenses on the final fee applications at Docket Nos. 914, 915, 916, 917, 918 & 919. Counsel certifies that no objections were received by the August 10, 2023 objection deadline, that a hearing is scheduled for August 22, 2023, and that the Applicants agreed to the proposed order while the U.S. Trustee does not object. The proposed order is attached as Exhibit A, and the certification is signed by Richards, Layton & Finger, P.A., listed with Weil, Gotshal & Manges LLP as attorneys for the Debtors.

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                   Case 22-10951-CTG              Doc 959        Filed 08/17/23       Page 1 of 3




                                UNITED STATES BANKRUPTCY COURT
                                     DISTRICT OF DELAWARE

------------------------------------------------------------ x
In re                                                        :         Chapter 11
                                                             :
KServicing Wind Down Corp., et al.,                          :         Case No. 22-10951 (CTG)
                                                             :
                                                             :         (Jointly Administered)
                                                      1
                  Post-Confirmation Debtors.                 :
------------------------------------------------------------ x         Re: Docket Nos. 914, 915, 916, 917, 918 & 919

               CERTIFICATION OF COUNSEL REGARDING OMNIBUS ORDER
                AWARDING FINAL ALLOWANCE OF COMPENSATION FOR
               SERVICES RENDERED AND 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”), the Amended Joint Chapter 11 Plan of

Liquidation of Kabbage, Inc. (d/b/a KServicing) and its Affiliated Debtors [D.I. 627], and the

Order Confirming Amended Joint Chapter 11 Plan of Liquidation of Kabbage, Inc. (d/b/a

KServicing) and its Affiliated Debtors [D.I. 680], those professionals listed on Exhibit A

attached hereto (each, an “Applicant” and collectively, the “Applicants”) filed their respective

final fee applications [Docket Nos. 914, 915, 916, 917, 918 & 919] (collectively, the “Final Fee

Applications”) with the United States Bankruptcy Court for the District of Delaware (the

“Court”).



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: KServicing Wind Down Corp. (f/k/a Kabbage, Inc. d/b/a KServicing) (3937);
    KServicing Wind Down Canada Holdings LLC (f/k/a Kabbage Canada Holdings, LLC) (N/A); KServicing Wind
    Down Asset Securitization LLC (f/k/a Kabbage Asset Securitization LLC) (N/A); KServicing Wind Down Asset
    Funding 2017-A LLC (f/k/a Kabbage Asset Funding 2017-A LLC) (4803); KServicing Wind Down Asset Funding
    2019-A LLC (f/k/a Kabbage Asset Funding 2019-A LLC) (8973); and KServicing Wind Down Diameter LLC
    (f/k/a Kabbage Diameter, LLC) (N/A). The Debtors’ mailing and service address is 925B Peachtree Street NE,
    Suite 383, Atlanta, GA 30309.



RLF1 29487487v.1

                   Case 22-10951-CTG      Doc 959     Filed 08/17/23     Page 2 of 3




                   2.    Pursuant to the Final Fee Applications, objections to each of the Final Fee

Applications, if any, were to be filed and served no later than 4:00 p.m. (Eastern Time) on

August 10, 2023 (the “Objection Deadline”).            The Applicants received no objections or

responses to the Final Fee Applications prior to the Objection Deadline. The hearing to consider

approval of the Final Fee Applications is currently scheduled for August 22, 2023 at 1:00 p.m.

(Eastern Time).

                   3.    As there are no objections to the approval of the Final Fee Applications,

counsel to the Debtors prepared a proposed form of omnibus order (the “Proposed Order”)

approving the Final Fee 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.



                            (Remainder of Page Intentionally Left Blank)




                                                  2
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                   Case 22-10951-CTG   Doc 959     Filed 08/17/23     Page 3 of 3




                   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.


Dated: August 17, 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)
                                       Huiqi Liu, Esq. (No. 6850)
                                       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
                                               liu@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 the Debtors




                                               3
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