Notice of Suggestion of Pendency of Bankruptcy and Automatic Stay of Proceedings — Carr v. Kabbage, Inc. (Dkt. 21)
Summary
A Notice of Suggestion of Pendency of Bankruptcy and Automatic Stay of Proceedings, Document 21 filed October 11, 2022 by Defendant Kabbage, Inc., d/b/a KServicing in Civil Action No. 1:22-cv-01249-VMC, in the U.S. District Court for the Northern District of Georgia, Atlanta Division. The plaintiffs named are Jason Carr, Vicki Lemaster, Edward Ford Services LLC, Carlton Morgan, 365 Sun LLC, and Candice Worthy. The notice states that the Debtors commenced chapter 11 cases on October 3, 2022, now pending before Judge Goldblatt under Case No. 22-10951 (CTG). It states that the automatic stay began with the filing of the petitions. It includes a certificate of service dated October 11, 2022.
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“Notice of Suggestion of Pendency of Bankruptcy and Automatic Stay of Proceedings — Carr v. Kabbage, Inc. (Dkt. 21).”
Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/gov-uscourts-gand-301616-21-0-684484f5f1/
, SHA-256 4519e71694fd8ea80420ab5b1996a8b73c2f65012790aadadee7d9cc8bdeadd2.Full text
Case 1:22-cv-01249-VMC Document 21 Filed 10/11/22 Page 1 of 5
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
JASON CARR, VICKI LEMASTER,
EDWARD FORD SERVICES LLC,
CARLTON MORGAN, 365 SUN LLC,
and CANDICE WORTHY, individually
and on behalf of others similarly
situated,
CIVIL ACTION
NO. 1:22-cv-01249-VMC
Plaintiffs,
v.
KABBAGE, INC., d/b/a KSERVICING,
Defendant.
NOTICE OF SUGGESTION OF PENDENCY
OF BANKRUPTCY AND AUTOMATIC STAY OF PROCEEDINGS
PLEASE BE ADVISED that, on October 3, 2022, Kabbage, Inc. d/b/a
KServicing and its debtor affiliates, as debtors and debtors in possession in the
above-captioned chapter 11 cases (collectively, the “Debtors” and, together with
their non-Debtor affiliates, the “Company”) commenced bankruptcy cases (the
“Chapter 11 Cases”) in the United States Bankruptcy Court for the District of
Delaware (the “Bankruptcy Court”) by filing voluntary petitions for relief under
chapter 11 of title 11 of the United States Code, 11 U.S.C. §§ 101-1532, et seq. (the
“Bankruptcy Code”). The Chapter 11 Cases are now pending before The
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Case 1:22-cv-01249-VMC Document 21 Filed 10/11/22 Page 2 of 5
Honorable Judge Goldblatt, United States Bankruptcy Judge, and are under the
caption In re Kabbage, Inc. d/b/a KServicing, et al., Case No. 22-10951 (CTG).
PLEASE BE FURTHER ADVISED that section 362(a) of the Bankruptcy
Code provides for an automatic stay, applicable to all entities, of, among other
things, the following:
(1) The commencement or continuation, including the issuance
or employment of process, of a judicial, administrative, or
other action or proceeding against the debtor that was or
could have been commenced before the commencement of
the case under [chapter 11], or to recover a claim against the
debtor that arose before the commencement of the case
under [chapter 11]; [and]
***
(6) Any act to collect, assess, or recover a claim against the
debtor that arose before the commencement of the case
under [chapter 11].
PLEASE BE FURTHER ADVISED that section 362(k)(1) of the Bankruptcy
Code provides that any entity injured by a willful violation of the automatic stay
“shall recover actual damages, including costs and attorneys’ fees, and, in
appropriate circumstances, may recover punitive damages.”
PLEASE BE FURTHER ADVISED that the automatic stay of proceedings
automatically commenced concurrently with the filing of the chapter 11 petitions on
October 3, 2022. The automatic stay prevents “commencement or continuation” of
actions against a debtor. Any and all pleadings filed since October 3, 2022 constitute
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Case 1:22-cv-01249-VMC Document 21 Filed 10/11/22 Page 3 of 5
a “continuation” of a stayed suit and therefore violate the automatic stay and are
void.
PLEASE BE FURTHER ADVISED that additional information regarding the
status of the Chapter 11 Cases may be obtained by: (i) reviewing the docket of the
Chapter 11 Cases electronically at https://ecf.deb.uscourts.gov (at a cost and a
PACER login and password are required); (ii) reviewing the Chapter 11 Case
website maintained by the Debtors’ claims and noticing agent, Omni Agent
Solutions, Inc. at https://omniagentsolutions.com/kservicing (free of charge); or (iii)
contacting proposed counsel for the Debtors, Weil, Gotshal & Manges LLP, 767
Fifth Avenue, New York, New York 10153 (Attn: Candace M. Arthur, Natasha S.
Hwangpo, and Chase A. Bentley) at candace.arthur@weil.com,
natasha.hwangpo@weil.com, and chase.bentley@weil.com; and Richards, Layton
& Finger, P.A., One Rodney Square, 920 North King Street, Wilmington, Delaware
19801 (Attn: Daniel J. DeFranceschi, Amanda R. Steele, and Zachary I. Shapiro,) at
defranceschi@rlf.com, steele@rlf.com, and shapiro@rlf.com.
Dated: October 11, 2022
Respectfully submitted,
DENTONS US LLP
/s/ Uchenna Ekuma-Nkama
Uchenna Ekuma-Nkama
Georgia Bar No. 957861
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Case 1:22-cv-01249-VMC Document 21 Filed 10/11/22 Page 4 of 5
Alizé D. Mitchell
Georgia Bar No. 349963
303 Peachtree Street, N.E.
Suite 5300
Atlanta, GA 30308
Telephone: (404) 527-4000
Facsimile: (404) 527-4198
uchenna.ekuma-nkama@dentons.com
alize.mitchell@dentons.com
Drew W. Marrocco
(pro hac vice forthcoming)
Virginia Bar No. 38955/D.C. Bar No. 53205
1900 K Street NW
Washington, DC 20006
Telephone: (202) 496-7500
Facsimile: (202) 496 7756
drew.marrocco@dentons.com
Tomasita L. Sherer
(pro hac vice forthcoming)
New York Bar No. 3033859
1221 Avenue of the Americas
New York, NY 10020
Telephone: (212) 768-6700
Facsimile: (212) 768 6800
tomasita.sherer@dentons.com
Counsel for Defendant Kabbage, Inc. d/b/a
KServicing
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Case 1:22-cv-01249-VMC Document 21 Filed 10/11/22 Page 5 of 5
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
JASON CARR, VICKI LEMASTER,
EDWARD FORD SERVICES LLC,
CARLTON MORGAN, 365 SUN LLC,
and CANDICE WORTHY, individually
and on behalf of others similarly
situated,
CIVIL ACTION
NO. 1:22-cv-01249-VMC
Plaintiffs,
v.
KABBAGE, INC., d/b/a KSERVICING,
Defendant.
CERTIFICATE OF SERVICE AND COMPLIANCE
I certify that on October 11, 2022, I filed the foregoing NOTICE OF
SUGGESTION OF PENDENCY OF BANKRUPTCY AND AUTOMATIC
STAY OF PROCEEDINGS with the Clerk of Court using the CM/ECF system,
which will automatically send e-mail notification of such filing to all counsel of
record. I also certify that the foregoing was prepared in accordance with N.D. Ga.
L.R. 5.1, using Times New Roman font, 14 point.
/s/ Uchenna Ekuma-Nkama
Uchenna Ekuma-Nkama
5
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