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Order Approving Stipulation Between KServicing and Clutter Control — In re Kabbage (Dkt. 1127, Bankr. D. Del.)

Summary

An Order Approving Stipulation Between KServicing and Clutter Control, LLC 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, dated April 3, 2025 and filed as Doc 1127. The order approves in its entirety a Stipulation between KServicing Wind Down Corporation and its affiliates, as successors to Kabbage, Inc. d/b/a KServicing, and Clutter Control, LLC, resolving objections to Claim Numbers 178 and 179. Claim Number 178 is allowed as a general unsecured claim of $50, and Claim Number 179 is deemed duplicative and expunged in its entirety. The Court retains jurisdiction over implementation, and the signature block names United States Bankruptcy Judge Craig T. Goldblatt.

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Cite this document

“Order Approving Stipulation Between KServicing and Clutter Control — In re Kabbage (Dkt. 1127, Bankr. D. Del.).” Original at ecf.deb.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/order-approving-stipulation-between-kservicing-and-clutter-control-in-b638626665/, SHA-256 fb14a979917cd877025291b3e495dbc23fff24fcf62601078d4b55c4340d1bc2.

Full text

               Case 22-10951-CTG              Doc 1127        Filed 04/03/25        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. 1053

                        ORDER APPROVING STIPULATION BETWEEN
                        KSERVICING AND CLUTTER CONTROL, LLC

         Upon the certification of counsel regarding the Stipulation Amending and Resolving

Objections to Claim Numbers 178 and 179 Between KServicing and Clutter Control, LLC and

Providing Allowance of Claims (the “Stipulation”),2 a copy of which is attached hereto as Exhibit

1, entered into by and between KServicing Wind Down Corporation (“KServicing WD”) and its

affiliates, as successors to Kabbage, Inc. d/b/a KServicing (“KServicing”), and Clutter Control,

LLC (“Clutter Control”, and collectively with the KServicing the “Parties”); and this Court being

able to issue a final order consistent with Article III of the United States Constitution; and venue

of this Chapter 11 case in this district being proper pursuant to 28 U.S.C. §§ 1408 and 1409; and

this matter being a core proceeding pursuant to 28 U.S.C. § 157(b); and it appearing that sufficient

notice of the Stipulation has been given; and after due deliberation; and good and sufficient cause

appearing therefor;




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 have the meaning provided in the Stipulation.


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                 Case 22-10951-CTG          Doc 1127      Filed 04/03/25      Page 2 of 2




         IT IS HEREBY ORDERED THAT:

         1.        The Stipulation is hereby APPROVED in its entirety as set forth herein.

         2.        The Parties are hereby authorized to enter into the Stipulation, substantially in the

form attached hereto as Exhibit 1.

         3.        Claim Number 178 is allowed and resolved as a general unsecured claim in the

amount of $50 (the “Allowed Claim”).

         4.        Claim Number 179 is deemed duplicative and is expunged in its entirety.

         5.        The Allowed Claim shall resolve and be in satisfaction of all Claims that were

asserted or could have been asserted by Clutter Control, LLC against KServicing.

         6.        The terms of this Stipulation shall become effective upon the entry of this Order.

         7.        The Court shall retain jurisdiction over the Parties hereto with respect to this

Stipulation including, without limitation, for the purposes of interpreting, implementing, and

enforcing its terms.

         8.        The Court shall retain jurisdiction with respect to all matters arising from or related

to the implementation or interpretation of this Order and the Stipulation.




             Dated: April 3rd, 2025                 CRAIG T. GOLDBLATT
             Wilmington, Delaware                   UNITED STATES BANKRUPTCY JUDGE




                                                     2
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