Kilmainham Holdings (Vyaire) - NOA
- Date
- 2024-07-03
Summary
A Notice of Appearance and Request for Service filed July 3, 2024 as Doc 136 in the jointly administered Chapter 11 cases of Vyaire Medical, Inc., et al., Case No. 24-11217 (BLS), in the U.S. Bankruptcy Court for the District of Delaware. Bayard, P.A. enters its appearance as counsel to Kilmainham Holdings, LLC under Bankruptcy Rules 2002, 9007 and 9010(b) and section 102(1) of the Bankruptcy Code. The notice asks that all notices, pleadings, motions, plans, disclosure statements and other papers in the cases be served on Kilmainham through Bayard. It states that the appearance does not waive Kilmainham's rights, including to de novo review of non-core matters, trial by jury and withdrawal of the reference. It is signed by Steven D. Adler of Bayard, P.A., whose signature block also lists Ericka F. Johnson.
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Full text
Case 24-11217-BLS Doc 136 Filed 07/03/24 Page 1 of 2
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE
In re: Chapter 11
VYAIRE MEDICAL, INC., et al., Case No. 24-11217 (BLS)
Debtors. (Jointly Administered)
NOTICE OF APPEARANCE AND REQUEST
FOR SERVICE PURSUANT TO FED. R. BANKR. P. 2002
PLEASE TAKE NOTICE that, pursuant to Rules 2002, 9007, and 9010(b) of the Federal
Rules of Bankruptcy Procedure (the “Bankruptcy Rules”) and section 102(1) of title 11 of the
United States Code (the “Bankruptcy Code”), Bayard, P.A. (“Bayard”) hereby enters its
appearance in the above-referenced chapter 11 cases (collectively, the “Chapter 11 Cases”) as
counsel to Kilmainham Holdings, LLC (“Kilmainham”), and hereby requests, pursuant to
Bankruptcy Rules 2002, 3017, and 9007 and section 342 of the Bankruptcy Code, that copies of
all notices and pleadings given or required to be given in the Chapter 11 Cases and copies of all
papers served or required to be served in the Chapter 11 Cases, including but not limited to, all
notices (including those required by Bankruptcy Rule 2002), reports, pleadings, motions,
applications, lists, schedules, statements, chapter 11 plans, disclosure statements, and all other
matters arising herein or in any related adversary proceeding, be given and served upon
Kilmainham through service upon Bayard at the addresses or e-mail addresses set forth below:
Ericka F. Johnson
Steven D. Adler
BAYARD, P.A.
600 North King Street, Suite 400
Wilmington, DE 19801
Email: ejohnson@bayardlaw.com
sadler@bayardlaw.com
Case 24-11217-BLS Doc 136 Filed 07/03/24 Page 2 of 2
PLEASE TAKE FURTHER NOTICE that, pursuant to section 1109(b) of the
Bankruptcy Code, the foregoing demand includes not only the notices and papers referred to in the
Bankruptcy Rules specified above, but also includes, without limitation, orders and notices of any
application, complaint or demand, motion, petition, pleading or request, and answering or reply
papers filed in these cases, whether formal or informal, written or oral, and whether served,
transmitted, or conveyed by mail, hand delivery, telephone, telegraph, or otherwise filed or made
with regard to the Chapter 11 Cases and any proceedings therein.
PLEASE TAKE FURTHER NOTICE that, neither this Notice of Appearance nor any
subsequent appearance, pleading, claim, or suit is intended or shall be deemed to waive
Kilmainham’s (i) right to have a final order in non-core matters entered only after de novo review
by a United States District Court Judge; (ii) right to trial by jury in any proceeding so triable herein
or in any case, controversy or proceeding related hereto; (iii) right to have the reference withdrawn
by the United States District Court in any matter subject to mandatory or discretionary withdrawal;
or (iv) other rights, claims, actions, defenses, setoffs or recoupments to which Kilmainham is or
may be entitled to under agreements, in law, or equity, all of which rights, claims, actions,
defenses, setoffs, and recoupments are hereby expressly reserved.
Dated: July 3, 2024
Wilmington, Delaware BAYARD, P.A.
/s/ Steven D. Adler
Ericka F. Johnson (DE Bar No. 5024)
Steven D. Adler (DE Bar No. 6257)
600 North King Street, Suite 400
Wilmington, DE 19801
Telephone: (302) 655-5000
Email: ejohnson@bayardlaw.com
sadler@bayardlaw.com
Counsel to Kilmainham Holdings, LLC
2
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- gov.uscourts.deb.193283.136.0.pdf
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- 298,601 bytes
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- 17b74efa3a04ba143c50e9d89cd37928557565242383b3d8d645e12affd0af42
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