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Order Approving Stipulation Between KServicing and Thweatt — In re Kabbage (Dkt. 1108, Bankr. D. Del.)

Summary

An Order Approving Stipulation Between KServicing and Thweatt Management Consultant 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 January 16, 2025 and filed as Doc 1108. The order approves in its entirety a Stipulation amending and resolving objections to Claim Number 77, entered into by KServicing Wind Down Corporation and its affiliates, as successors to Kabbage, Inc. d/b/a KServicing, and Thweatt Management Consultants. Claim Number 77 is amended and resolved as a general unsecured claim of $1,500, in satisfaction of all claims asserted or that could have been asserted by Thweatt against KServicing. 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 Thweatt — In re Kabbage (Dkt. 1108, Bankr. D. Del.).” Original at ecf.deb.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/order-approving-stipulation-between-kservicing-and-thweatt-in-re-kabba-0a838f17c7/, SHA-256 065ddab7f6063481aee02362561526bb50c500cdf52b6c017c9353d0b49c61bb.

Full text

               Case 22-10951-CTG              Doc 1108        Filed 01/16/25        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 Nos. 1054, 1063, 1104

    ORDER APPROVING STIPULATION BETWEEN KSERVICING AND THWEATT
                     MANAGEMENT CONSULTANT

         Upon the certification of counsel regarding the Stipulation (I) Amending and Resolving

Objections to Claim Number 77 Between the KServicing and Thweatt Management Consultants

and (II) Providing Allowance of Claim (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 Thweatt

Management Consultants (“Thweatt”, 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 1108      Filed 01/16/25      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 77 shall be amended and resolved as a general unsecured claim in

the amount of $1,500 (the “Allowed Claim”).

         4.    The Allowed Claim shall resolve and be in satisfaction of all claims that were

asserted or could have been asserted by Thweatt against KServicing.

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

         6.    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.

         7.    The rights of all Parties and non-parties to the Stipulation to move to amend this

Order or the Stipulation are fully reserved.

         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: January 16th, 2025                      CRAIG T. GOLDBLATT
   Wilmington, Delaware                           UNITED STATES BANKRUPTCY JUDGE




                                                 2
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