Order Terminating Omni Agent Solutions — KServicing

Summary

An order of the U.S. Bankruptcy Court for the District of Delaware in In re KServicing Wind Down Corp., et al., Case No. 22-10951 (CTG), filed August 18, 2023 as Doc 960 and signed by United States Bankruptcy Judge Craig T. Goldblatt. Relating to Docket No. 928 and granting the post-confirmation debtors' motion, it terminates Omni Agent Solutions, Inc. as claims and noticing agent effective July 26, 2023. It directs Omni to deliver original proofs of claim, the claims register, a creditor mailing list and imaged claims to the post-confirmation debtors and Stretto, Inc. on or before August 25, 2023. Omni must forward related mail to Stretto for ninety (90) days and submit its invoices for payment, with the court retaining jurisdiction over any invoice dispute. The order is two pages.

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                  Case 22-10951-CTG              Doc 960        Filed 08/18/23        Page 1 of 2




                          IN THE UNITED STATES BANKRUPTCY COURT
                               FOR THE DISTRICT OF DELAWARE

In re:                                                       Chapter 11

KServicing Wind Down Corp., et al.,1                         Case No. 22-10951 (CTG)

                   Post-Confirmation Debtors.                (Jointly Administered)

                                                             Re: Docket No. 928

     ORDER TERMINATING OMNI AGENT SOLUTIONS, INC. AS CLAIMS AND
    NOTICING AGENT EFFECTIVE JULY 26, 2023 AND DIRECTING DELIVERY OF
                     CLAIMS AND CLAIMS RECORDS
           Upon consideration of the Motion of Post-Confirmation Debtors for entry of an Order

Authorizing the Termination of Omni Agent Solutions, Inc. as Claims and Noticing Agent

effective July 26, 2023, and directing Delivery of Claims and Claims Records (the “Motion”)2

authorizing (a) Omni to transfer Claims and Claims Records to Stretto, Inc. and (b) authorizing

Payment to Omni for services rendered; and it appearing that the notice of the Motion was

adequate and proper under the circumstances of this case; and it appearing that no further notice

of the Motion is required; and the Court having found that good and sufficient cause exists for

granting the Motion; it is hereby ORDERED as follows:

           1.       Omni shall be relieved of any and all further responsibility to the

Post-Confirmation Debtors, the Debtors and/ or their estates or creditors as claims, noticing and

balloting agent in this bankruptcy case, effective July 26, 2023 and the Debtors’ contract with



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.
2
    Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Motion.

               Case 22-10951-CTG           Doc 960       Filed 08/18/23     Page 2 of 2




Omni for services rendered on behalf of the Debtors in these Chapter 11 cases is hereby

terminated as of July 26, 2023.

        2.      On or before August 25, 2023, Omni shall turn over and deliver to the

Post-Confirmation Debtors, Stretto, Inc., and such other entity as the Clerk of the Court may

direct, (i) all original proofs of claim, (ii) all official claims register information, together with an

up-to-date mailing list for all creditors, including entities that have filed a proof of claim, a

record of all transfers of claims, and any other information required to be maintained by Omni

pursuant to the Order appointing Omni in this case, and (iii) two (2) flash drives or a secure

electronic mail transfer of all imaged claims and a .xls file containing all claim information.

        3.      Omni shall for ninety (90) days after entry of this Order, collect and promptly

forward any mail it receives related to this chapter 11 case to Stretto, or such other person or

entity as may be designated by the Post-Confirmation Debtors or the Wind Down Estates.

        4.      Omni shall promptly submit its invoices for payment to the Post-Confirmation

Debtors or the Wind Down Estates, as applicable. To the extent there is any dispute regarding the

payment of Omni’s invoices, the Bankruptcy Court shall retain jurisdiction to hear and determine

all matters arising from or related to this Order.




Dated: August 18th, 2023                 CRAIG T. GOLDBLATT
Wilmington, Delaware                     UNITED STATES BANKRUPTCY JUDGE




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gov.uscourts.deb.188293.960.0.pdf

Size

100,974 bytes

SHA-256

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Our copy

gov.uscourts.deb.188293.960.0.pdf

Original

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