In re KServicing Wind Down Corp. — Order Granting KS Wind Down's Objection to the Wiggins Claim (Doc 1022)

Summary

Order Granting KS Wind Down's Objection to the Wiggins Claim in In re KServicing Wind Down Corp., et al., Case No. 22-10951 (CTG), Doc 1022, United States Bankruptcy Court for the District of Delaware, dated February 2nd, 2024. The Court grants the Objection (Re: Docket No. 1000) and orders that the Wiggins Claim is disallowed in its entirety. It enjoins Wiggins from taking any actions to interfere with implementation or consummation of the Plan in relation to the Wiggins Claim, and authorizes Stretto, the Post-Confirmation Debtors' noticing and claims agent, to update the Claims Register. The order names Craig T. Goldblatt, United States Bankruptcy Judge.

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                Case 22-10951-CTG            Doc 1022        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. 1000




    ORDER GRANTING KS WIND DOWN’S OBJECTION TO THE WIGGINS CLAIM

         The Court has considered KS Wind Down’s objection to the Wiggins Claim

(“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 Wiggins Claim is granted.

         2.       The Wiggins Claim is hereby disallowed in its entirety.




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 1022      Filed 02/02/24     Page 2 of 2




         3.     Wiggins is enjoined from taking any actions to interfere with implementation or

consummation of the Plan in relation to the Wiggins 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.     Stretto, the Post-Confirmation Debtors’ noticing and claims agent, is authorized to

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

         5.     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.

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

enforceable upon its entry.

         7.     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




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