Vyaire - COC re Fee Examiner Fee Order
- Date
- 2024-06-09
Summary
A certification of counsel filed October 25, 2024 as Doc 680 in In re Vyaire Medical, Inc., et al., Case No. 24-11217 (BLS), jointly administered Chapter 11 cases in the U.S. Bankruptcy Court for the District of Delaware. It concerns a proposed order appointing a fee examiner and establishing procedures for reviewing fee applications of retained professionals. The certification recounts that the Debtors filed on June 9, 2024, that the U.S. Trustee appointed a creditors' committee on June 26, 2024, and that the Interim Compensation Order was entered July 9, 2024. It states that the Debtors, the Committee and the U.S. Trustee selected an attorney of Bielli & Klauder, LLC as fee examiner and that the proposed order, attached as Exhibit A, is acceptable to all of them. It is signed by Cole Schotz P.C., listed with Kirkland & Ellis LLP as co-counsel to the Debtors.
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Case 24-11217-BLS Doc 680 Filed 10/25/24 Page 1 of 3
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)
)
CERTIFICATION OF COUNSEL
REGARDING ORDER APPOINTING FEE EXAMINER
AND ESTABLISHING RELATED PROCEDURES FOR THE
REVIEW OF FEE APPLICATIONS OF RETAINED PROFESSIONALS
The undersigned counsel to the Debtors in the above-captioned chapter 11 case hereby
certifies as follows:
1. On June 9, 2024, Vyaire Medical, Inc. and certain of its subsidiaries (together, the
“Debtors”) filed voluntary petitions for relief under chapter 11 of title 11 of the United States
Code (the “Bankruptcy Code”) with this Court (the “Chapter 11 Cases”).
2. On June 26, 2024, the Office of the United States Trustee for the District of
Delaware (the “U.S. Trustee”) appointed an Official Committee of Unsecured Creditors [Docket
No. 121] (the “Committee”).
3. On July 9, 2024, the Court entered the Order (I) Establishing Procedures for
Interim Compensation and Reimbursement of Expenses for Retained Professionals and (II)
Granting Related Relief [Docket No. 218] (the “Interim Compensation Order”).
4. In accordance with the General Order Regarding Fee Examiners in Chapter 11
Cases with Combined Assets and/or Liabilities in Excess of $50,000,000 before Judge Brendan
Linehan Shannon (the “Fee Examiner Order”), counsel for the Debtors, the Committee, and the
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’ claims and noticing agent at https://omniagentsolutions.com/Vyaire.
Case 24-11217-BLS Doc 680 Filed 10/25/24 Page 2 of 3
U.S. Trustee have met and conferred in good faith regarding representative candidates and, in
accordance with the Fee Examiner Order, have selected David M. Klauder, Esq. of Bielli &
Klauder, LLC to serve as the fee examiner (the “Fee Examiner”).
5. The Debtors have prepared a proposed form of other (the “Proposed Order”), a
copy of which is attached hereto as Exhibit A, approving the appointment of David M. Klauder,
Esq. as the Fee Examiner in these Chapter 11 Cases and establishing certain procedures to
review and report on, as appropriate, monthly fee applications, interim fee applications, and final
fee applications submitted by professionals retained in these Chapter 11 Cases.
6. Attached to the Proposed Order as Exhibit 1 is the Declaration of
Disinterestedness of David M. Klauder.
7. The Proposed Order is acceptable to the Debtors, the Committee, the U.S.
Trustee, and the Fee Examiner.
8. Accordingly, the Debtors respectfully request that the Proposed Order attached
hereto as Exhibit A be entered at the Court’s earliest convenience.
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
Case 24-11217-BLS Doc 680 Filed 10/25/24 Page 3 of 3
Dated: October 25, 2024
Wilmington, Delaware
/s/ Patrick J. Reilley
COLE SCHOTZ P.C. KIRKLAND & ELLIS LLP
Patrick J. Reilley (No. 4451) KIRKLAND & ELLIS INTERNATIONAL LLP
500 Delaware Avenue, Suite 1410 Joshua A. Sussberg, P.C. (admitted pro hac vice)
Wilmington, Delaware 19801 601 Lexington Ave
Telephone: (302) 652-3131 New York, New York 10022
Facsimile: (302) 652-3117 Telephone: (212) 446-4800
Email: preilley@coleschotz.com Facsimile: (212) 446-4900
Email: joshua.sussberg@kirkland.com
- and -
- and -
Michael D. Sirota, Esq. (admitted pro hac vice)
Warren A. Usatine, Esq (admitted pro hac vice) Spencer A. Winters, P.C. (admitted pro hac vice)
Court Plaza North, 25 Main Street Yusuf U. Salloum (admitted pro hac vice)
Hackensack, New Jersey 07601 333 West Wolf Point Plaza
Telephone: (201) 489-3000 Chicago, Illinois 60654
Facsimile: (201) 489-1536 Telephone: (312) 862-2000
Email: msirota@coleschotz.com Facsimile: (312) 862-2200
wusatine@coleschotz.com Email: spencer.winters@kirkland.com
yusuf.salloum@kirkland.com
Co-Counsel to the Debtors Co-Counsel to the Debtors
and Debtors in Possession and Debtors in Possession
3
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