Notice of Appearance — Ewald Fleet Solutions, Vyaire Medical Chapter 11 (Bankr. D. Del., June 27, 2024)

Summary

Notice of appearance and request for service of papers in the Chapter 11 case of Vyaire Medical, Case No. 24-11217 (BLS), jointly administered, in the United States Bankruptcy Court for the District of Delaware. The attorney named is Matthew P. Austria of Austria Legal, LLC, who enters an appearance as counsel for Ewald Fleet Solutions and requests that notices and papers be served on him. The notice reserves Ewald's rights, including to have final orders in non-core matters entered only after de novo review by a District Court Judge, to trial by jury, and to have the reference withdrawn. It also reserves objections to venue or jurisdiction and the right to service under Bankruptcy Rule 7004. It is dated June 27, 2024, and bears the signature /s/ Matthew P. Austria.

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IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE

In re:
VYAIRE MEDICAL, INC., et al.,1
Debtors.
 Chapter 11
 Case No. 24-11217 (BLS)
 (Jointly Administered)

NOTICE OF APPEARANCE AND REQUEST FOR SERVICE OF PAPERS

PLEASE TAKE NOTICE that the attorney set forth below enters his appearance as counsel
for Ewald Fleet Solutions (“Ewald”) pursuant to 11 U.S.C. § 1109(b) and Bankruptcy Rule 9010.
The undersigned requests that all notices given or required to be given pursuant to Bankruptcy
Rules 2002, 3017, or otherwise, including, but not limited to notices, applications, motions,
petitions, orders, pleadings, complaints, and demands, be given to and served upon him as follows:
Matthew P. Austria
AUSTRIA LEGAL, LLC
1007 N. Orange Street, 4th Floor
Wilmington, Delaware 19801
Telephone: (302) 521-5197
Facsimile: (302) 291-1722
maustria@austriallc.com

PLEASE TAKE FURTHER NOTICE that neither this Notice of Appearance nor any
subsequent appearance, pleading, claim, or suit is intended to waive (i) Ewald’s right to have final
orders in non-core matters entered only after de novo review by a District Court Judge; (ii) Ewald’s
right to trial by jury in any proceeding so triable herein or in any case, controversy or proceeding

1 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
Case 24-11217-BLS    Doc 125    Filed 06/27/24    Page 1 of 2

2

related hereto; (iii) Ewald’s right to have the reference withdrawn by the U.S. District Court in any
matter subject to mandatory or discretionary withdrawal; (iv) any lack of venue or jurisdiction by
this Court over this case or any adversary proceeding, contested matter, or other proceeding; (v)
the right to service under Bankruptcy Rule 7004 in adversary proceedings, and counsel is not
appointed as its agent for service of process in any such adversary proceedings; or (vi) any other
rights, claims, actions, defenses, setoffs or recoupments to which Ewald is or may be entitled under
agreements, in law, or in equity, all of which rights, claims, actions, defenses, setoffs and
recoupments Ewald expressly reserves.

Dated: June 27, 2024
AUSTRIA LEGAL, LLC
/s/ Matthew P. Austria
Matthew P. Austria (DE # 4827)
1007 N. Orange Street, 4th Floor
Wilmington, DE 19801
Telephone: (302) 521-5197
Facsimile: (302) 291-1722
Email: maustria@austriallc.com

Counsel for Ewald Fleet Solutions
Case 24-11217-BLS    Doc 125    Filed 06/27/24    Page 2 of 2

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