Certification of Counsel on Revised Fee Order — KServicing
Summary
A certification of counsel regarding a revised omnibus order awarding final allowance of compensation and reimbursement of expenses, filed August 31, 2023 as Doc 965 in In re KServicing Wind Down Corp., et al., Case No. 22-10951 (CTG), in the U.S. Bankruptcy Court for the District of Delaware. It states that the professionals listed on Exhibit A filed final fee applications [Docket Nos. 914, 915, 916, 917, 918 & 919] and that the debtors submitted a proposed omnibus order on August 17, 2023 [Docket No. 959]. The certification says the court made comments on the final fee application of Richards, Layton & Finger, P.A., which were resolved by agreed reductions reflected in a revised order. The revised order is attached as Exhibit A, with a blackline against the proposed order as Exhibit B, and the debtors ask the court to enter it.
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Case 22-10951-CTG Doc 965 Filed 08/31/23 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 & 959
CERTIFICATION OF COUNSEL REGARDING REVISED 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”).
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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.
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Case 22-10951-CTG Doc 965 Filed 08/31/23 Page 2 of 3
2. On August 17, 2023, the Debtors filed the Certification of Counsel
Regarding Omnibus Order Awarding Final Allowance of Compensation for Services Rendered
and Reimbursement of Expenses [Docket No. 959]. Attached thereto as Exhibit A was a
proposed form of order approving the Final Fee Applications (the “Proposed Order”).
3. Following the submission of the Proposed Order, the Court made certain
comments with respect to the Final Fee Application of Richards, Layton & Finger, P.A.
(“RL&F”). The comments made by the Court were resolved by agreed upon reductions by
RL&F, which are reflected in a revised form of the Proposed Order (the “Revised Order”). A
copy of the Revised Order is attached hereto as Exhibit A. For the convenience of the Court and
all parties in interest, a blackline comparison of the Revised Order marked against the Proposed
Order is attached hereto as Exhibit B.
(Remainder of Page Intentionally Left Blank)
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Case 22-10951-CTG Doc 965 Filed 08/31/23 Page 3 of 3
WHEREFORE, the Debtors respectfully request that the Revised Order,
substantially in the form attached hereto as Exhibit A, be entered at the earliest convenience of
the Court.
Dated: August 31, 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
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