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IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE
)
In re:
)
Chapter 11
)
VYAIRE MEDICAL, INC., et al.,1
)
Case No. 24-11217 (BLS)
)
Debtors.
)
(Jointly Administered)
)
Re: Docket No. 11
ORDER (I) AUTHORIZING THE DEBTORS TO
REDACT CERTAIN PERSONALLY IDENTIFIABLE INFORMATION
OF INDIVIDUALS, (II) APPROVING THE FORM AND MANNER OF SERVICE
OF THE NOTICE OF COMMENCEMENT, AND (III) GRANTING RELATED RELIEF
Upon the motion (the “Motion”)2 of the above-captioned debtors and debtors in possession
(collectively, the “Debtors”) for the entry of an order (this “Order”), (a) authorizing the Debtors to
redact certain personally identifiable information of individuals; (b) approving the form and
manner of service of the notice of commencement of these chapter 11 cases; and (d) granting
related relief, all as more fully set forth in the Motion; and upon the First Day Declaration; and the
United States District Court for the District of Delaware has jurisdiction over this matter pursuant
to 28 U.S.C. § 1334, which was referred to the Court under 28 U.S.C. § 157 and the Amended
Standing Order of Reference from the United States District Court for the District of Delaware,
dated February 29, 2012; and this Court having found that this is a core proceeding pursuant to 28
U.S.C. § 157(b)(2); and this Court having found that this Court may enter a final order consistent
with Article III of the United States Constitution; and this Court having found that venue of this
1 The last four digits of Debtor Vyaire Medical, Inc.’s federal tax identification number are 6495. A complete list
of each of the Debtors in these chapter 11 cases and each such Debtor’s federal tax identification number may be
obtained
on
the
website
of
the
Debtors’
proposed
claims
and
noticing
agent
at
https://omniagentsolutions.com/Vyaire. The location of Debtor Vyaire Medical, Inc.’s principal place of business
and the Debtors’ service address in these chapter 11 cases is 26125 North Riverwoods Boulevard, Mettawa,
Illinois, USA 60045.
2
Capitalized terms used but not otherwise defined herein have the meanings ascribed to them in the Motion.
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proceeding and the Motion in this district is proper pursuant to 28 U.S.C. §§ 1408 and 1409; and
this Court having found that the relief requested in the Motion is in the best interests of the Debtors’
estates, their creditors, and other parties in interest; and this Court having found that the Debtors’
notice of the Motion and opportunity for a hearing on the Motion were appropriate under the
circumstances and no other notice need be provided; and this Court having reviewed the Motion
and having heard the statements in support of the relief requested therein at a hearing before this
Court (the “Hearing”); and this Court having determined that the legal and factual bases set forth
in the Motion and at the Hearing establish just cause for the relief granted herein; and upon all of
the proceedings had before this Court; and after due deliberation and sufficient cause appearing
therefor, it is HEREBY ORDERED THAT:
1.
The Motion is granted on a basis as set forth herein.
2.
As soon as practicable after entry of an order authorizing the engagement of Omni,
as Claims and Noticing Agent in these chapter 11 cases, the Debtors shall furnish to Omni a
consolidated Creditor Matrix.
3.
The Debtors are authorized pursuant to section 107(c)(1) of the Bankruptcy Code,
to redact on the Creditor Matrix, the Schedules and Statements, affidavits of service, and any other
documents that the Debtors file with the Court, the home and email addresses of individuals. The
Debtors shall provide an unredacted version of the Creditor Matrix, the Schedules and Statements,
and any other filings redacted pursuant to this Order to (a) the Court, the U.S. Trustee, counsel to
any official committee appointed in these chapter 11 cases, any subsequently appointed chapter 7
or chapter 11 trustee, and the Claims and Noticing Agent, and (b) any party in interest upon a
request to the Debtors (email is sufficient) or to the Court that is reasonably related to these
chapter 11 cases, provided that any receiving party shall not transfer or otherwise provide such
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unredacted document to any person or entity not party to the request. The Debtors shall inform
the U.S. Trustee promptly after denying any request for an unredacted document pursuant to this
Order.
4.
Nothing herein shall authorize the Debtors to redact any information from the list
of the holders of the 30 largest unsecured claims against the Debtors.
5.
Notwithstanding anything to the contrary herein, the U.S. Trustee shall not be
required to redact any information from any notice of appointment of an official committee.
6.
Nothing herein precludes a party in interest’s right to file a motion requesting that
the Court unseal the information redacted by this Order.
7.
The Debtors shall file a redacted version of the Creditor Matrix, Schedules and
Statements, or other document filed with the Court, as well as post it on Omni’s website.
8.
For the avoidance of doubt, the Debtors shall file an unredacted Creditor Matrix
under seal with the Court.
9.
Nothing in this Order shall waive or otherwise limit the service of any document
upon or the provision of any notice to any individual whose personally identifiable information is
sealed or redacted pursuant to this Order. Service of all documents and notices upon individuals
whose personally identifiable information is sealed or redacted pursuant to this Order shall be
made to their residential addresses and confirmed in the corresponding certificate of service.
10.
To the extent a party in interest files a document on the docket in these chapter 11
cases that is required to be served on creditors whose information is under seal pursuant to this
Order, such party in interest should contact counsel for the Debtors who shall work in good faith,
with the assistance of the Claims and Noticing Agent, to effectuate the service on such party’s
behalf.
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11.
All pleadings required to be served on individuals will be served at their
residential address.
12.
The Notice of Commencement, substantially in the form attached hereto as
Exhibit 1, is approved. Service of the Notice of Commencement shall be deemed adequate and
sufficient notice of (a) the commencement of these chapter 11 cases and (b) the scheduling of the
meeting of creditors under section 341 of the Bankruptcy Code.
13.
The Debtors, through their Claims and Noticing Agent, are authorized to serve all
pleadings and papers, including the Notice of Commencement, on all parties listed on the Creditor
Matrix (including via email if available).
14.
Notice of the Motion as provided therein shall be deemed good and sufficient notice
of such Motion and the requirements of the Local Rules are satisfied by such notice.
15.
Notwithstanding any Bankruptcy Rule to the contrary, the terms and conditions of
this Order are immediately effective and enforceable upon entry.
16.
The Debtors are authorized to take all actions necessary to effectuate the relief
granted in this Order in accordance with the Motion.
17.
This Court retains jurisdiction with respect to all matters arising from or related to
the implementation, interpretation, and enforcement of this Order.
BRENDAN L. SHANNON
UNITED STATES BANKRUPTCY JUDGE
Dated: June 11th, 2024
Wilmington, Delaware
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