For the debtor listed above, a case has been filed under chapter 11 of the Bankruptcy Code. An order for relief has
- Date
- 2024-06-09
Summary
Official Form 309F1, a Notice of Chapter 11 Bankruptcy Case for Vyaire Medical, Inc., et al., Case No. 24-11217 (BLS), in the U.S. Bankruptcy Court for the District of Delaware, filed June 25, 2024 as Doc 120. The notice states the cases were filed under chapter 11 on June 9, 2024, that an order for relief has been entered, and that the filing imposed an automatic stay against most collection activities. It lists the jointly administered debtors with their case numbers and other names used, from Vyaire Medical, Inc. to Vyaire TSR Sub, LLC, and names the debtors' attorneys and claims and noticing agent, Omni Agent Solutions, Inc. It sets the meeting of creditors for July 17, 2024 by phone, states that the proof of claim deadline is not yet set and the deadline for complaints under § 523(c) is to be determined, and explains chapter 11 plans and discharge under 11 U.S.C. § 1141(d).
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Case 24-11217-BLS Doc 120 Filed 06/25/24 Page 1 of 4
Information to identify the case:
Debtor
Vyaire Medical, Inc., et al. EIN: 81-2596495
Name
United States Bankruptcy Court for the District of Delaware
Case number: 24-11217 (BLS) Date cases filed for chapter 11: June 9, 2024
Official Form 309F1 (For Corporations or Partnerships)
Notice of Chapter 11 Bankruptcy Case 10/20
For the debtor listed above, a case has been filed under chapter 11 of the Bankruptcy Code. An order for relief has
been entered.
This notice has important information about the case for creditors and debtors, including information about the
meeting of creditors and deadlines. Read both pages carefully.
The filing of the case imposed an automatic stay against most collection activities. This means that creditors generally may not take action to
collect debts from the debtor or the debtor’s property. For example, while the stay is in effect, creditors cannot sue, assert a deficiency,
repossess property, or otherwise try to collect from the debtor. Creditors cannot demand repayment from the debtor by mail, phone, or
otherwise. Creditors who violate the stay can be required to pay actual and punitive damages and attorney’s fees.
Confirmation of a chapter 11 plan may result in a discharge of debt. A creditor who wants to have a particular debt excepted from discharge
may be required to file a complaint in the bankruptcy clerk’s office within the deadline specified in this notice. (See line 11 below for more
information.)
To protect your rights, consult an attorney. All documents filed in the case may be inspected at the bankruptcy clerk’s office at the address
listed below or through PACER (Public Access to Court Electronic Records at https://pacer.uscourts.gov).
The staff of the bankruptcy clerk's office cannot give legal advice.
Do not file this notice with any proof of claim or other filing in the case.
Valid Picture ID is required for access to the J. Caleb Boggs Federal Building. Additionally, Debtor(s) must also present photo ID
plus original verification of his/her social security number to the Bankruptcy Trustee. If you do not have a photo ID and/or original
verification of your social security number, please contact the Office of the United States Trustee's (302−573−6491).
1. Debtor's full name: Vyaire Medical, Inc.
2. All other names used in the last 8 years: See Chart Below
Jointly Administered Cases Other Names (Last 8 Years) Case No. Tax ID No.
Vyaire Medical, Inc. Kingston Respiratory 101 Corp 24-11217 (BLS) 81-2596495
Bird Products Corporation 24-11218(BLS) 33-0069580
Breathe US Holdco, Inc. 24-11219 (BLS) 92-2859526
Breathe US Holdings LP 24-11220 (BLS) 92-2878498
EME Medical, Inc. 24-11221 (BLS) 33-0894666
Revolutionary Medical Devices, Inc. 24-11222 (BLS) 47-3285028
SensorMedics Corporation 24-11223 (BLS) 33-0006779
VIASYS Holdings Inc. 24-11224 (BLS) 43-2055362
VM Finance Sub, LLC 24-11225 (BLS) 84-3883730
Vyaire Company 24-11226 (BLS) 32-0494861
Vyaire Finance B.V. 24-11227 (BLS) RSIN: 858615514
Vyaire Financial Holdings LLC 24-11228 (BLS) 84-3883575
Case 24-11217-BLS Doc 120 Filed 06/25/24 Page 2 of 4
Vyaire Holding Company Kingston Respiratory Corp. 24-11229 (BLS) 36-4835388
Vyaire Medical 202, Inc. CareFusion 202, Inc. 24-11230 (BLS) 04-3505871
Vyaire Medical 203, Inc. CareFusion 203, Inc. 24-11231 (BLS) 33-0737273
Vyaire Medical 205, Inc. CareFusion 205, Inc. 24-11232 (BLS) 36-3994160
Vyaire Medical 206, Inc. CareFusion 206, Inc. 24-11233 (BLS) 20-3233125
Vyaire Medical 211, Inc. CareFusion 211, Inc. 24-11234 (BLS) 16-1721349
Vyaire Medical BR LLC Kingston Respiratory BR LLC 24-11235 (BLS) 81-2564333
Vyaire Medical Capital LLC Kingston Respiratory Capital LLC 24-11236 (BLS) 81-2574742
Vyaire Medical Consumables LLC Kingston Respiratory Consumables LLC 24-11237 (BLS) 81-2588610
Vyaire Medical International LLC Kingston Respiratory International LLC 24-11238 (BLS) 81-2603646
Vyaire Medical LLC Kingston Respiratory 102 LLC 24-11239 (BLS) 37-1825258
Vyaire Medical Payroll LLC Kingston Respiratory Payroll LLC 24-11240 (BLS) 81-2643078
Vyaire Receivables LLC 24-11241 (BLS) 84-3478312
Vyaire Respiratory Diagnostics LLC 24-11242 (BLS) 99-0680820
Vyaire TSR MidCo, LLC 24-11243 (BLS) N/A
Vyaire TSR Sub, LLC 24-11244 (BLS) 86-1850847
3. Address: 26125 North Riverwoods Boulevard, Mettawa, Illinois, USA 60045
4. Debtors’ Attorneys KIRKLAND & ELLIS LLP
Name and KIRKLAND & ELLIS INTERNATIONAL LLP
Joshua A. Sussberg, P.C. (admitted pro hac vice)
address
601 Lexington Avenue
New York, New York 10022
Cole Schotz P.C.
Patrick J. Reilley, Esq. and
500 Delaware Avenue
Suite 1410 KIRKLAND & ELLIS LLP
Wilmington, Delaware 19801 Contact phone: (302) 652-3131 KIRKLAND & ELLIS INTERNATIONAL LLP
Facsimile (302) 652-3117 Spencer A. Winters (admitted pro hac vice)
Email: preilley@coleschotz.com Yusuf U. Salloum (admitted pro hac vice)
333 West Wolf Point Plaza
and Chicago, Illinois 60654
Cole Schotz P.C. Email: joshua.sussberg@kirkland.com
Michael D. Sirota, Esq. (admitted pro hac vice) spencer.winters@kirkland.com
Warren A. Usatine, Esq. (admitted pro hac vice) yusuf.salloum@kirkland.com
Court Plaza North
25 Main Street
Hackensack, New Jersey 07601
Contact phone: (302) 652-3131
Facsimile (302) 652-3117
Email: msirota@coleschotz.com
wusatine@coleschotz.com
Case 24-11217-BLS Doc 120 Filed 06/25/24 Page 3 of 4
Debtors’ Claims and Noticing Agent Contact Phone:
(866) 956-2140 (toll free) or
If you have questions about this notice, please contact: +1 (818) 666-3635 (international)
Vyaire Medical, Inc. et al. Email: Vyaireinquiries@omniagnt.com
c/o Omni Agent Solutions, Inc.
5955 De Soto Avenue, Suite 100 Website: https://omniagentsolutions.com/Vyaire
Woodland Hills, CA 91367
5. Bankruptcy clerk's office
Documents in this case may be filed 824 N. Market Street, 3rd Hours open: Monday − Friday 8:00 AM − 4:00 PM
Floor Contact phone 302−252−2900
at this address. Wilmington, DE 19801
You may inspect all records filed in
this case at this office or online at
https://pacer.uscourts.gov.
6. Meeting of creditors July 17, 2024, at 10:00 a.m. (ET) Location:
The debtor's representative must The meeting may be continued or The meeting of Creditors will
attend the meeting to be questioned adjourned to a later date. If so, be held by phone.
under oath. the date will be on the court Please call +1-888-455-8838 and use
Creditors may attend, but are not docket. access code 9086967 to join the
required to do so. meeting.
7. Proof of claim Deadline for filing proof of claim: Not yet set. If a deadline is set, the court will
deadline send you another notice.
A proof of claim is a signed statement describing a creditor’s claim. A proof of claim form may be obtained at
www.uscourts.gov or any bankruptcy clerk’s office.
Your claim will be allowed in the amount scheduled unless:
• your claim is designated as disputed, contingent, or unliquidated;
• you file a proof of claim in a different amount; or
• you receive another notice.
If your claim is not scheduled or if your claim is designated as disputed, contingent, or unliquidated, you must file
a proof of claim or you might not be paid on your claim and you might be unable to vote on a plan. You may file a
proof of claim even if your claim is scheduled.
You may review the schedules at the bankruptcy clerk’s office or online at https://pacer.uscourts.gov.
Secured creditors retain rights in their collateral regardless of whether they file a proof of claim. Filing a proof of
claim submits a creditor to the jurisdiction of the bankruptcy court, with consequences a lawyer can explain. For
example, a secured creditor who files a proof of claim may surrender important nonmonetary rights, including the
right to a jury trial.
8. Exception to discharge If § 523(c) applies to your claim and you seek to have it excepted from discharge, you must start a judicial
proceeding by filing a complaint by the deadline stated below.
Deadline
The bankruptcy clerk's office Deadline for filing the complaint: To be determined.
must receive a complaint and
any required filing fee by the
following deadline.
9. Creditors with a If you are a creditor receiving notice mailed to a foreign address, you may file a motion asking the court to
foreign address extend the deadlines in this notice. Consult an attorney familiar with United States bankruptcy law if you have
any questions about your rights in this case.
10. Filing a Chapter 11 Chapter 11 allows debtors to reorganize or liquidate according to a plan. A plan is not effective unless the court
bankruptcy case confirms it. You may receive a copy of the plan and a disclosure statement telling you about the plan, and you
may have the opportunity to vote on the plan. You will receive notice of the date of the confirmation hearing,
and you may object to confirmation of the plan and attend the confirmation hearing. Unless a trustee is serving,
the debtor will remain in possession of the property and may continue to operate its business.
11. Discharge of debts Confirmation of a chapter 11 plan may result in a discharge of debts, which may include all or part of your
debt. See 11 U.S.C. § 1141(d). A discharge means that creditors may never try to collect the debt from the
debtor except as provided in the plan. If you want to have a particular debt owed to you excepted from the
discharge and § 523(c) applies to your claim, you must start a judicial proceeding by filing a complaint and
paying the filing fee in the bankruptcy clerk's office by the deadline.
Case 24-11217-BLS Doc 120 Filed 06/25/24 Page 4 of 4
If you have questions about this notice, please contact the
Debtors’ Claims and Noticing Agent, Omni Agent Solutions, Inc.,
at (866) 956-2140 (toll free) or
+1 (818) 666-3635 (international),
or via email by submitting an inquiry at
Vyaireinquiries@omniagnt.com.
You may also find out more information at
https://omniagentsolutions.com/Vyaire
Official Form 309F1 (For Corporations or Partnerships) Notice of Chapter 11 Bankruptcy Case
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