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Order Granting KServicing Wind Down Corp.'s Substantive Objection to Claim Nos. 95 and 149 — In re Kabbage, Inc. d/b/a KServicing (Dkt. 1021, Bankr. D. Del.)

Summary

Order in the Chapter 11 case of KServicing Wind Down Corp. (Case No. 22-10951 (CTG)) in the U.S. Bankruptcy Court for the District of Delaware, entered in response to Docket No. 999. The order grants the Objection to Claim 95 as amended by Claim 149, which it calls the Class Action Claim, and disallows that claim in its entirety. The Representative Plaintiffs and the Class Action members are enjoined from taking any actions to interfere with implementation or consummation of the Plan in relation to the claim, and their consultation rights under the Plan and Wind Down Agreement are extinguished. Stretto is authorized to update the Claims Register. Judge Craig T. Goldblatt dated the order February 2nd, 2024.

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Cite this document

“Order Granting KServicing Wind Down Corp.'s Substantive Objection to Claim Nos. 95 and 149 — In re Kabbage, Inc. d/b/a KServicing (Dkt. 1021, Bankr. D. Del.).” Original at ecf.deb.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/order-granting-kservicing-wind-down-corp-s-substantive-objection-to-cl-87e12cc694/, SHA-256 051ae01feb50b0ae7aefcc0aa6f31a726f06154e3551c5fb3dfe939c9a39c535.

Full text

                Case 22-10951-CTG            Doc 1021        Filed 02/02/24        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. 999




                  ORDER GRANTING KSERVICING WIND DOWN CORP.’S
                  SUBSTANTIVE OBJECTION TO CLAIM NOS. 95 AND 149

         The Court has considered KServicing Wind Down Corp’s Objection to Claim Nos. 95 and

149 Claims (“Objection”); and the Court having reviewed the Declaration; the Court finding that

(a) the Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 157 and 1334, (b) this is a

core proceeding pursuant to 28 U.S.C. § 157(b)(2), and (c) notice of the Objection and of the

hearing on the Objection was sufficient under the circumstances and in full compliance with the

requirements of the Bankruptcy Code, the Bankruptcy Rules and the Local Rules; and the Court

having determined that the legal and factual bases set forth in the Objection establish just cause

for the relief granted herein;

         IT IS HEREBY ORDERED THAT:

         1.       The Objection to the Claim 95 as amended by Claim 149 (“Class Action Claim”)

is granted.



1
         The post-confirmation 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 KServicing Wind Down
Corp. c/o Resolute Commercial Services, 6750 E. Camelback Road, Suite 103, Scottsdale, AZ 85251.



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                Case 22-10951-CTG         Doc 1021      Filed 02/02/24     Page 2 of 2




         2.      The Class Action Claim disallowed in its entirety.

         3.      The Representative Plaintiffs and the Class Action members are enjoined from

taking any actions to interfere with implementation or consummation of the Plan in relation to the

Class Action Claim or any other claim barred, dismissed, extinguished, enjoined, or released

pursuant to the Plan, Confirmation Order, or other final order entered by a court of competent

jurisdiction.

         4.      The consultation rights granted to the Representative Plaintiffs under the Plan and

Wind Down Agreement are extinguished.

         5.      Stretto, the Post-Confirmation Debtors’ noticing and claims agent, is authorized to

update the Claims Register to reflect the relief granted in this Order.

         6.      The Wind Down Officer, the Claims Agent, and the Clerk of this Court are

authorized to take any and all actions that are necessary or appropriate to give effect to this Order.

         7.      The terms and conditions of this Order shall be immediately effective and

enforceable upon its entry.

         8.      This Court retains jurisdiction with respect to all matters arising from or related to

the implementation of this Order.




  Dated: February 2nd, 2024               CRAIG T. GOLDBLATT
  Wilmington, Delaware                    UNITED STATES BANKRUPTCY JUDGE




                                                  -2-
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