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Order Disallowing Claims Filed by The Juneau Group, LLC — In re Kabbage, Inc. d/b/a KServicing (Dkt. 1034, Bankr. D. Del.)

Summary

Order Disallowing Claims Filed by The Juneau Group, LLC, Doc 1034 filed April 12, 2024, in the Chapter 11 case In re KServicing Wind Down Corp., et al., Case No. 22-10951 (CTG), in the United States Bankruptcy Court for the District of Delaware. The order states that the post-confirmation debtors objected to the claims in December 2023, that the pro se response filed January 30, 2024 was stricken because a legal entity may appear only through licensed counsel, and that the Juneau Group has not responded through counsel. It disallows the claims, which a table lists by debtor, and authorizes the Post-Confirmation Debtors, the Wind Down Officer, the Claims Agent, and the Clerk to take appropriate action. It is dated April 12, 2024, under the name of United States Bankruptcy Judge Craig T. Goldblatt.

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Cite this document

“Order Disallowing Claims Filed by The Juneau Group, LLC — In re Kabbage, Inc. d/b/a KServicing (Dkt. 1034, Bankr. D. Del.).” Original at ecf.deb.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/order-disallowing-claims-filed-by-the-juneau-group-llc-in-re-kabbage-i-c8c428691e/, SHA-256 48a9027f17daeaf7c50b99d5e77a4d0e3b19d05bd566629436630512877eb457.

Full text

              Case 22-10951-CTG      Doc 1034     Filed 04/12/24    Page 1 of 2




                    IN THE UNITED STATES BANKRUPTCY COURT
                         FOR THE DISTRICT OF DELAWARE

                                                Chapter 11
 In re:
                                Case No. 22-10951 (CTG)
 KSERVICING WIND DOWN CORP., et (Jointly Administered)
 al.,
                                               Related Docket No. 998
          Post-Confirmation Debtors.


 ORDER DISALLOWING CLAIMS FILED BY THE JUNEAU GROUP, LLC

          The Juneau Group, LLC, a legal entity, filed various proofs of claim against

several of the debtors in the above-captioned bankruptcy cases. In December 2023,

the post-confirmation debtors objected to the allowance of those claims [D.I.

998]. The deadline for responding to the claims objection was January 30, 2024. On

that date, the Juneau Group, LLC filed a document captioned “Response to

Disallowance of Claim” [D.I. 1006]. That pleading was stricken from the docket on

the ground that it was filed pro se (through the principal of the Juneau Group),

whereas a legal entity may only appear in court through licensed counsel. 1 The order

striking the objection, dated January 30, 2024, stated that if “the Juneau Group, LLC

wishes to respond to the objection to its proofs of claim, it must do so through licensed

counsel admitted to practice before this Court.” [D.I. 1015]

          Despite the passage of ample time since this Court’s January 30,2024 order,

the Juneau Group has not, to date, responded to the claims objection through counsel


1 See generally Rowland v. Cal. Men’s Colony, Unit II Men’s Advisory Council, 506 U.S. 194,

201-202 (1993) (“It has been the law for the better part of two centuries, for example, that a
corporation may appear in the federal courts only through licensed counsel…. As the courts
have recognized, the rationale for that rule applies equally to all artificial entities.”).
            Case 22-10951-CTG      Doc 1034    Filed 04/12/24   Page 2 of 2




or otherwise indicated to the Court (despite a number of communications with

chambers) that it has retained counsel for the purpose of doing so.

      Accordingly, the following claims, which are the subject of the claims objection,

are hereby disallowed:

 Claim
                            Debtor(s)                           Claim Amount
  No.
    2              Kabbage Diameter, LLC                         $11,000,000.00
    2         Kabbage Asset Funding 2017-A, LLC                  $11,000,000.00
    2          Kabbage Asset Securitization, LLC                 $11,000,000.00
    2           Kabbage Canada Holdings, LLC                     $11,000,000.00
    4         Kabbage Asset Funding 2019-A, LLC                  $11,000,000.00
   91           Kabbage, Inc. d/b/a KServicing                   $11,000,000.00
  184           Kabbage, Inc. d/b/a KServicing                    $499,999.99

      The Post-Confirmation Debtors, the Wind Down Officer, the Claims Agent, and

the Clerk of this Court are authorized to take appropriate action to give effect to this

Order.




Dated: April 12, 2024
                                         CRAIG T. GOLDBLATT
                                         UNITED STATES BANKRUPTCY JUDGE




                                           2

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