Vyaire - COC - Bar Date Motion Order
- Date
- 2024-07-06
Summary
Doc 151-2, filed July 6, 2024 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, is Exhibit 2, a blackline of an order setting bar dates for filing proofs of claim. The order grants the debtors' motion and approves the Proof of Claim Form. It sets a General Bar Date of August 2, 2024 at 11:59 p.m. prevailing Eastern Time and a Governmental Bar Date of December 9, 2024, and establishes an Amended Schedules Bar Date and a Rejection Damages Bar Date. It lists the entities required to file proofs of claim, the entities exempted, and the content requirements for claims, including section 503(b)(9) requests. The 31-page filing closes with notice instructions naming Omni Agent Solutions, Inc. as claims agent.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Full text
Case 24-11217-BLS Doc 151-2 Filed 07/06/24 Page 1 of 31
Exhibit 2
Blackline
Case 24-11217-BLS Doc 151-2 Filed 07/06/24 Page 2 of 31
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. __116
ORDER (I) SETTING BAR DATES FOR FILING PROOFS OF CLAIM, INCLUDING
UNDER SECTION 503(B)(9), (II) ESTABLISHING AMENDED SCHEDULES BAR
DATE AND REJECTION DAMAGES BAR DATE, (III) APPROVING THE FORM OF
AND MANNER FOR FILING PROOFS OF CLAIM, INCLUDING SECTION 503(B)(9)
REQUESTS, AND (IV) APPROVING FORM AND MANNER OF NOTICE THEREOF
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 “Bar Date Order”),
(a) establishing deadlines for filing proofs of claim, including requests for payment under section
503(b)(9) of the Bankruptcy Code, in these chapter 11 cases, (b) establishing the Amended
Schedules Bar Date and the Rejection Damages Bar Date, (c) approving the form of and manner
for filing proofs of claim, including any section 503(b)(9) requests for payment, and
(d) approving the form and manner of notice of the Bar Dates, all as more fully set forth in the
Motion; 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
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.
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.
Case 24-11217-BLS Doc 151-2 Filed 07/06/24 Page 3 of 31
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 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 as set forth herein.
I. The Proof of Claim Form
2. The Proof of Claim Form, substantially in the form attached hereto as Exhibit 1,
is approved. The Debtors may accept the Proof of Claim Form or Official Form 410 via either
hardcopy or the Online Portal, subject only to limitations set forth in this Order.
II. The Bar Dates and Procedures for Filing Proofs of Claim
2
2
Case 24-11217-BLS Doc 151-2 Filed 07/06/24 Page 4 of 31
3. Each entity3 that asserts a claim against the Debtors that arose before the
Petition Date shall be required to file an original, proof of claim, substantially in the form
attached hereto as Exhibit 1 (the “Proof of Claim Form”) or Official Form 410.4 Specifically,
the following bar dates (“Bar Date” or “Bar Dates,” as applicable) are established:
a. Except in the cases of governmental units and certain other exceptions
explicitly set forth herein, all proofs of claim, including requests for
payment under section 503(b)(9) of the Bankruptcy Code, must be filed so
that they are actually received on or before August 2, 2024 at 11:59 p.m.,
prevailing Eastern Time (the “General Bar Date”), at the addresses and in
the form set forth herein. The General Bar Date applies to all types of
claims against the Debtors that arose or are deemed to have arisen before
the Petition Date, including secured claims, unsecured priority claims,
unsecured non-priority claims, contingent claims, unliquidated claims,
disputed claims, and rejection damage claims for executory contracts and
unexpired leases that have already been rejected by order of the Court in
these chapter 11 cases, except for claims specifically exempt from
complying with the applicable Bar Dates as set forth in the Motion or this
Order.
b. All governmental units holding claims (whether secured, unsecured
priority, or unsecured non-priority) that arose (or are deemed to have
arisen) before the Petition Date, including requests for payment pursuant
to section 503(b)(9) of the Bankruptcy Code, must file proofs of claims,
including claims for unpaid taxes, whether such claims arise from
prepetition tax years or periods or prepetition transactions to which the
Debtors were a party, must file such proofs of claim so they are actually
received on or before December 9, 2024 at 11:59 p.m., prevailing
3 Except as otherwise defined herein and in the Motion, all terms specifically defined in the Bankruptcy Code
shall have those meanings ascribed to them by the Bankruptcy Code. In particular, as used herein: (a) the term
“claim” has the meaning given to it in section 101(5) of the Bankruptcy Code; (b) the term “entity” has the
meaning given to it in section 101(15) of the Bankruptcy Code; (c) the term “governmental unit” has the
meaning given to it in section 101(27) of the Bankruptcy Code; and (d) the term “person” has the meaning given
to it in section 101(41) of the Bankruptcy Code.
4 Copies of Official Form 410 may be obtained by: (a) visiting Omni’s secure online portal at
https://omniagentsolutions.com/Vyaire; (b) calling the Debtors’ restructuring hotline at: (866) 956-2140
(U.S. & Canada) or (818) 666-3635 (International); or (c) writing (i) via first class mail, to Vyaire Medical,
Inc., et al., Claims Processing Center, c/o Omni Agent Solutions, Inc., 5955 De Soto Avenue, Suite 100,
Woodland Hills, CA 91367 or (ii) via email to: Vyaireinquiries@omniagnt.com with a reference to “Vyaire
Medical, Inc,” in the subject line; and/or (d) visiting the website maintained by the Court at
http://www.deb.uscourts.gov/.
3
3
Case 24-11217-BLS Doc 151-2 Filed 07/06/24 Page 5 of 31
Eastern Time (the “Governmental Bar Date”), at the addresses and in the
form set forth herein.
c. If the Debtors amend or supplement the Schedules to reduce the
undisputed, noncontingent, and liquidated amount of a claim listed in the
Schedules, to change the nature or classification of a claim against the
Debtors reflected in the Schedules, or to add a new claim to the Schedules,
the affected creditor, if it so chooses, must file proofs of claim by the later
of (a) the General Bar Date or the Governmental Bar Date, as applicable,
to such claim, (b) 11:59 p.m. prevailing Eastern Time, on the date that is
21 days from the date on which the Debtors provide notice of the
amendment to the Schedules (the “Amended Schedules Bar Date”).
d. Unless otherwise ordered, all entities asserting claims arising from the
rejection of executory contracts and unexpired leases of the Debtors shall
file a proof of claim on account of such rejection by the later of (i) the
General Bar Date, (ii) 11:59 p.m., prevailing Eastern Time, on the date
that is 30 days after the later of (A) entry of an order approving the
rejection of any executory contract or unexpired lease of the Debtors or
(B) the effective date of a rejection of any executory contract or unexpired
lease of the Debtors pursuant to operation of any Court order (the
“Rejection Damages Bar Date”).
4. All proofs of claim must be filed so as to be actually received by Omni, the notice
and claims agent retained in these chapter 11 cases, on or before the General Bar Date or the
Governmental Bar Date (or, where applicable, on or before any other bar date as set forth
herein). If proofs of claim are not received by Omni on or before the Bar Date, as applicable,
except in the case of certain exceptions explicitly set forth herein, the holders of the underlying
claims may be barred from asserting such claims against the Debtors and receiving distributions
from the Debtors on account of such claims in these chapter 11 cases.
III. Parties Required to File Proofs of Claim
5. Except as otherwise set forth herein, the following entities holding claims against
the Debtors arising before the Petition Date are required to file proofs of claim on or before the
applicable Bar Date:
a. any entity whose claim against a Debtor is not listed in the applicable
Debtor’s Schedules or is listed as contingent, unliquidated, or disputed if
4
4
Case 24-11217-BLS Doc 151-2 Filed 07/06/24 Page 6 of 31
such entity desires to participate in any of these chapter 11 cases or share
in any distribution in any of these chapter 11 cases;
b. any entity that believes that its claim is improperly classified in the
Schedules or is listed in an incorrect amount and that desires to have its
claim allowed in a classification or amount other than that identified in the
Schedules;
c. any entity that believes that its prepetition claims as listed in the Schedules
is not an obligation of the specific Debtor against which the claim is listed
and that desires to have its claim allowed against a Debtor other than that
identified in the Schedules; and
d. any entity that believes that its claim against a Debtor is or may be an
administrative expense pursuant to section 503(b)(9) of the
Bankruptcy Code.
IV. Parties Exempted from the Bar Date
6. The following entities whose claims otherwise would be subject to the General
Bar Date need not file proofs of claim:
a. any entity that already has filed a signed proof of claim against the
respective Debtor(s) with the Clerk of the Court or with Omni in a form
substantially similar to Official Form 410;
b. any entity whose claim is listed on the Schedules if: (i) the claim is not
scheduled as any of “disputed,” “contingent,” or “unliquidated;” (ii) such
entity agrees with the amount, nature, and priority of the claim as set forth
in the Schedules; and (iii) such entity does not dispute that its claim is an
obligation only of the specific Debtor against which the claim is listed in
the Schedules;
c. any entity whose claim has previously been allowed by order of the Court;
d. any entity whose claim has been paid in full or is otherwise fully satisfied
by the Debtors pursuant to the Bankruptcy Code or pursuant to an order of
the Court;
e. any Debtor having a claim against another Debtor;
f. any entity whose claim is solely against any of the Debtors’ non-Debtor
affiliates;
g. any non-Debtor subsidiary or affiliate having a claim against a Debtor;
5
5
Case 24-11217-BLS Doc 151-2 Filed 07/06/24 Page 7 of 31
h. any entity that holds an interest in any of the Debtors, which interest is
based exclusively on the ownership of common stock, preferred stock,
membership interests, partnership interests, or rights to purchase, sell, or
subscribe to such an interest; provided that interest holders who wish to
assert claims (as opposed to ownership interests) against any of the
Debtors, including claims that arise out of or relate to the ownership or
purchase of an interest, must file proofs of claim on or before the
applicable Bar Date unless another exception identified herein applies;5
i. a current employee of the Debtors, if an order of this Court authorized the
Debtors to honor such claim in the ordinary course of business as a wage,
commission, or benefit; provided that a current employee must submit a
proof of claim by the General Bar Date for all other claims arising before
the Petition Date, including (but not limited to) claims for wrongful
termination, discrimination, harassment, hostile work environment, and/or
retaliation;
j. any current officer, director, or employee for claims based on
indemnification, contribution, or reimbursement;
k. any entity holding a claim for which a separate deadline is fixed by this
Court;
l. any entity holding a claim allowable under sections 503(b) and 507(a)(2)
of the Bankruptcy Code as an expense of administration incurred in the
ordinary course, provided that any entity asserting a claim entitled to
priority under section 503(b)(9) of the Bankruptcy Code must assert such
claims by a proof of claim on or prior to the General Bar Date; and
m. any person or entity that is exempt from filing a Proof of Claim pursuant
to an order of the Court in these chapter 11 cases, including, without
limitation, pursuant to any orders authorizing the Debtors’ proposed
postpetition financing (whether on an interim or final basis) (any such
orders, the “DIP Orders”).
V. Substantive Requirements of Proofs of Claim
7. The following requirements shall apply with respect to filing and preparing each
proof of claim:
a. Contents. Each proof of claim must: (i) be written in English; (ii) include
a claim amount denominated in United States dollars using, if applicable,
5
The Debtors reserve all rights regarding any such claims, including to, inter alia, assert that such claims are
subject to subordination pursuant to Bankruptcy Code section 510(b).
6
6
Case 24-11217-BLS Doc 151-2 Filed 07/06/24 Page 8 of 31
the exchange rate as of 5:00 p.m., prevailing Eastern Time, on the Petition
Date (and to the extent such claim is converted to United States dollars,
state the rate used in such conversion); (iii) conform substantially with the
Proof of Claim Form provided by the Debtors or Official Form 410; and
(iv) be signed by the claimant or by an authorized agent or legal
representative of the claimant.
b. Section 503(b)(9) Claim. Any proof of claim asserting a claim entitled to
priority under section 503(b)(9) must also: (i) include the value of the
goods delivered to and received by the Debtors in the 20 days before the
Petition Date; and (ii) attach any documentation identifying the particular
invoices for which the 503(b)(9) claim is being asserted.
c. Original Signatures Required. Only original proofs of claim (whether
submitted by hard copy or through the Online Portal available at
https://omniagentsolutions.com/Vyaire) will be deemed acceptable for
purposes of claims administration.6 Copies of proofs of claim or proofs of
claim sent by facsimile or electronic mail will not be accepted.
d. Identification of the Debtor Entity. Each proof of claim must clearly
identify the Debtor against which a claim is asserted, including the
individual Debtor’s case number. A proof of claim filed under the joint
administration case number or otherwise without identifying a specific
Debtor, will be deemed as filed only against Vyaire Medical, Inc.
e. Claim Against Multiple Debtor Entities. Unless otherwise ordered by the
Court, each proof of claim must state a claim against only one Debtor and
clearly indicate the Debtor against which the claim is asserted. To the
extent more than one Debtor is listed on the proof of claim, such claim
may be treated as if filed only against the first-listed Debtor.
f. Supporting Documentation. Each proof of claim must include supporting
documentation pursuant to Bankruptcy Rules 3001(c) and 3001(d). If,
however, such documentation is voluminous, such proof of claim may
include a summary of such documentation or an explanation as to why
such documentation is not available; provided that any creditor that
includes only a summary of such documentation shall be required to
transmit all such supporting documentation to Debtors’ counsel upon
request no later than 10 days from the date of such request.
g. Timely Service. Each proof of claim must be filed, including supporting
documentation, so as to be actually received by Omni on or before the
General Bar Date or the Governmental Bar Date (or, where applicable, on
6 Proofs of claim submitted by hard copy may not be electronically signed unless otherwise agreed to in advance
by the Debtors.
7
7
Case 24-11217-BLS Doc 151-2 Filed 07/06/24 Page 9 of 31
or before any other Bar Date as set forth herein or by order of the Court)
either by: (i) electronically through the Online Portal at
https://omniagentsolutions.com/Vyaire under “Claims” and by clicking on
“Submit a Proof of Claim,” or (ii) by U.S. Mail, overnight mail, or other
hand delivery system, at the following address:
By First Class Mail, Overnight Courier or Hand Delivery to:
Vyaire Medical, Inc. et al. Claims Processing
c/o Omni Agent Solutions, Inc.
5955 De Soto Avenue, Suite 100
Woodland Hills, CA 91367
PROOFS OF CLAIM SUBMITTED BY FACSIMILE OR ELECTRONIC MAIL WILL
NOT BE ACCEPTED.
h. Receipt of Service. Claimants wishing to receive acknowledgment that
their paper proofs of claim were received by Omni must submit (i) a copy
of the Proof of Claim Form (in addition to the original Proof of Claim
Form sent to Omni) and (ii) a self-addressed, stamped envelope.
VI. Identification of Known Creditors
8. The Debtors shall mail notice of the General Bar Date (or the Governmental Bar
Date, as applicable) only to their known creditors, and such mailing shall be made to the last
known mailing address for each such creditor.
VII. Procedures for Providing Notice of the Bar Date
A. Mailing of Bar Date Notices
9. The Bar Date Notice, substantially in the form attached hereto as Exhibit 2 is
approved.
10. No later than 3 days after the later of (i) the date the Debtors file their Schedules
with this Court or (ii) entry of the Bar Date Order, the Debtors shall cause the Bar Date Notice
and the Proof of Claim Form (collectively, the “Bar Date Package”) to be mailed via first class
mail to the following entities:
8
8
Case 24-11217-BLS Doc 151-2 Filed 07/06/24 Page 10 of 31
a. the U.S. Trustee;
b. the holders of the 30 largest unsecured claims against the Debtors (on a
consolidated basis);
c. counsel to the Committee;
d. Gibson, Dunn & Crutcher LLP as counsel to 1L Ad Hoc Group;
e. the DIP Agent and counsel thereto;
f. the First Lien Credit Agreement Agent and counsel thereto;
g. the Second Lien Credit Agreement Agent and counsel thereto;
h. the First Lien Notes Agent and counsel thereto;
i. all creditors and other known holders of claims against the Debtors as of
the date of entry of the Bar Date Order, including all entities listed in the
Schedules as holding claims against the Debtors;
j. all entities that have requested notice of the proceedings in these
chapter 11 cases pursuant to Bankruptcy Rule 2002 as of the date of the
Bar Date Order;
k. all entities that have filed proofs of claim in these chapter 11 cases as of
the date of the Bar Date Order;
l. all known non-Debtor equity and interest holders of the Debtors as of the
date of the Bar Date Order;
m. all entities that are party to executory contracts and unexpired leases with
the Debtors;
n. all entities that are party to litigation with the Debtors;
o. all current employees and former employees who were employed by the
Debtors in the 24 months prior to the Petition Date (to the extent that
contact information for such former employees is available in the Debtors’
records after reasonable inquiry);
p. the U.S. Attorney’s Office for the District of Delaware;
q. the office of the attorney general for each state in which the Debtors
maintain or conduct business;
r. the Internal Revenue Service;
9
9
Case 24-11217-BLS Doc 151-2 Filed 07/06/24 Page 11 of 31
s. all other taxing authorities for the jurisdictions in which the Debtors
maintain or conduct business; and
t. the U.S. Securities and Exchange Commission.
11. The Debtors shall, to the extent able, provide all known creditors listed in the
Debtors’ Schedules with a “personalized” Proof of Claim Form, which will identify how the
Debtors have scheduled the creditors’ claim in the Schedules, including, without limitation:
(a) the identity of the Debtor against which the creditor’s claim is scheduled; (b) the amount of
the scheduled claim, if any; (c) whether the claim is listed as contingent, unliquidated, or
disputed; and (d) whether the claim is listed as secured, unsecured priority, or unsecured
non-priority. Each creditor shall have an opportunity to inspect the Proof of Claim Form
provided by the Debtors and correct any information that is missing, incorrect, or incomplete.
Additionally, any creditor may choose to submit a proof of claim on a different form as long as it
is substantially similar to Official Form 410.
12. After the initial mailing of the Bar Date Packages, the Debtors may, in their
discretion, make supplemental mailings of notices or packages, including in the event that:
(a) notices are returned by the post office with forwarding addresses; (b) certain parties acting on
behalf of parties in interest decline to pass along notices to these parties and instead return their
names and addresses to the Debtors for direct mailing, and (c) additional potential claimants
become known as the result of the Bar Date mailing process. In this regard, the Debtors may
make supplemental mailings of the Bar Date Package in these and similar circumstances at any
time up to 14 days in advance of the Bar Date, with any such mailings being deemed timely and
the Bar Date being applicable to the recipient creditors.
10
10
Case 24-11217-BLS Doc 151-2 Filed 07/06/24 Page 12 of 31
B. Publication of Bar Date Notice
13. The Publication Notice, substantially in the form attached hereto as Exhibit 3, is
approved.
14. The Debtors shall cause the Publication Notice to be published on one occasion in
The New York Times (national edition), on or before 21 days before the General Bar Date. The
Debtors are also authorized, but not directed, to publish the Bar Date Notice at such times and in
such local publications of general circulation in certain areas where the Debtors have conducted
operations, as the Debtors shall determine in their sole discretion. For the avoidance of doubt,
the Debtors are authorized, but not directed, to post the Publication Notice to their official
company websites and social media platforms, as the Debtors shall determine in their sole
discretion.
15. The Publication Notice shall satisfy the notice requirements for creditors to whom
notice by mail is impracticable, including creditors who are unknown or not reasonably
ascertainable by the Debtors and creditors whose identities are known but whose addresses are
unknown by the Debtors.
VIII. Consequences of Failure to File a Proof of Claim
16. Any entity who is required, but fails, to file a proof of claim pursuant to the Bar
Date Order on or before the applicable Bar Date may be prohibited from voting to accept or
reject any chapter 11 plan filed in these chapter 11 cases and participating in any distribution in
these chapter 11 cases on account of such claim.
17. Notice of the Bar Dates as set forth in this order and in the manner set forth herein
(including, but not limited to, the Bar Date Notice, the Publication Notice, and any supplemental
notices that the Debtors may send from time to time) constitutes adequate and sufficient notice to
11
11
Case 24-11217-BLS Doc 151-2 Filed 07/06/24 Page 13 of 31
known and unknown creditors of each of the Bar Dates and satisfies the requirements of the
Bankruptcy Code, the Bankruptcy Rules, and the Local Rules.
IX. Miscellaneous
18. The Chubb Companies: Notwithstanding anything to the contrary in this Bar
Date Order, any provision of the Bankruptcy Code, the Bankruptcy Rules, the Local Rules, any
order of this Court, any Proof of Claim Form or any Bar Date Notice, (a) ACE American
Insurance Company, on its own behalf and on behalf of all of its U.S.-based affiliates and
successors (collectively, the “Chubb Companies”), may file a single consolidated Proof of Claim
based on the insurance policies issued by any of the Chubb Companies to (or providing coverage
to) the Debtors (or their predecessors) and any agreements related thereto (the “Consolidated
Claim”) in the chapter 11 case of Vyaire Medical, Inc., Case No. 24-11217 (the “Lead Case”),
which shall be deemed filed by each of the Chubb Companies not only in the Lead Case, but also
in the chapter 11 case of each of the Debtors; and (b) as the documents supporting the
Consolidated Claim are voluminous and contain confidential information, the documents
supporting the Consolidated Claim are not required to be filed with, and will not be filed with,
the Consolidated Claim, and a summary of the documents supporting the Consolidated Claim
will be filed with the Consolidated Claim instead; provided that, upon request of the Debtors, the
Chubb Companies shall provide the Debtors directly with such supporting documentation within
thirty (30) calendar days of such request which shall be used solely for the purpose of claims
reconciliation. Nothing contained in this paragraph shall be construed as a waiver or
modification of any rights, claims or defenses, including, without limitation, the right of the
Chubb Companies to (i) assert joint and several liability against some or all of the Debtors, (ii)
modify the Debtor(s) against which the Consolidated Claim is asserted, or (iii) amend the
12
12
Case 24-11217-BLS Doc 151-2 Filed 07/06/24 Page 14 of 31
amount or nature of the Consolidated Claim, and for the avoidance of doubt, any amendments
that the Chubb Companies may make with respect to the Consolidated Claim may be made to the
Consolidated Claim only in the Lead Case and only against Vyaire Medical, Inc. (instead of in
the chapter 11 cases of each or any of the other Debtors); provided, however, that the
Consolidated Claim shall not be disallowed, reduced or expunged solely on the basis that the
Consolidated Claim is filed (1) only in the Lead Case and only against Vyaire Medical, Inc.
(instead of in the bankruptcy cases of each or any of the other Debtors), and/or (2) only by ACE
American Insurance Company (instead of by each of the Chubb Companies); provided further,
however, that to the extent that the Chubb Companies elect to vote and/or opt-in (or opt-out) of
any releases in connection with any chapter 11 plan filed by the Debtors, ACE American
Insurance Company, on its own behalf and on behalf of all of the Chubb Companies, may submit
a single consolidated ballot and the elections in such consolidated ballot shall be deemed to
apply to each of the Chubb Companies. For the avoidance of doubt, and without altering any of
the foregoing, the authorization granted hereby is without prejudice to the right, if any, of any
party to object to the Consolidate Claim on the basis of insufficient information.
19. 18. Notice of the Motion as provided therein shall be deemed good and sufficient
notice of such Motion and the requirements of Bankruptcy Rule 6004(a) and the Local Rules are
satisfied by such notice.
20. 19. The Debtors are authorized to take all actions necessary to effectuate the relief
granted in this Bar Date Order in accordance with the Motion.
21. 20. Notwithstanding Bankruptcy Rule 6004(h), the terms and conditions of this
Bar Date Order are immediately effective and enforceable upon its entry.
13
13
Case 24-11217-BLS Doc 151-2 Filed 07/06/24 Page 15 of 31
22. 21. This Court retains jurisdiction with respect to all matters arising from or
related to the implementation, interpretation, and enforcement of this Bar Date Order.
14
14
Case 24-11217-BLS Doc 151-2 Filed 07/06/24 Page 16 of 31
EXHIBIT 1
Proof of Claim Form
Case 24-11217-BLS Doc 151-2 Filed 07/06/24 Page 17 of 31
EXHIBIT 2
Bar Date Notice
Case 24-11217-BLS Doc 151-2 Filed 07/06/24 Page 18 of 31
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)
)
NOTICE OF DEADLINES FOR THE FILING OF PROOFS OF CLAIM,
INCLUDING PURSUANT TO SECTION 503(B)(9) OF THE BANKRUPTCY CODE
TO: ALL PERSONS AND ENTITIES WHO MAY HAVE CLAIMS AGAINST ANY
OF THE FOLLOWING DEBTOR ENTITIES:
DEBTOR CASE NO.
Vyaire Medical, Inc. 24-11217
Bird Products Corporation 24-11218
Breathe US Holdco, Inc. 24-11219
Breathe US Holdings LP 24-11220
EME Medical, Inc. 24-11221
Revolutionary Medical Devices, Inc. 24-11222
SensorMedics Corporation 24-11223
VIASYS Holdings Inc. 24-11224
VM Finance Sub LLC 24-11225
Vyaire Company 24-11226
Vyaire Finance B.V. 24-11227
Vyaire Financial Holdings LLC 24-11228
Vyaire Holding Company 24-11229
Vyaire Medical 202, Inc. 24-11230
Vyaire Medical 203, Inc. 24-11231
Vyaire Medical 205, Inc. 24-11232
Vyaire Medical 206, Inc. 24-11233
Vyaire Medical 211, Inc. 24-11234
Vyaire Medical BR LLC 24-11235
Vyaire Medical Capital LLC 24-11236
Vyaire Medical Consumables LLC 24-11237
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.
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 151-2 Filed 07/06/24 Page 19 of 31
Vyaire Medical International LLC 24-11238
Vyaire Medical LLC 24-11239
Vyaire Medical Payroll LLC 24-11240
Vyaire Receivables LLC 24-11241
Vyaire Respiratory Diagnostics LLC 24-11242
Vyaire TSR MidCo LLC 24-11243
Vyaire TSR Sub LLC 24-11244
PLEASE TAKE NOTICE THAT:
On June 9, 2024 (the “Petition Date”), Vyaire Medical, Inc. and certain of its direct and
indirect subsidiaries, as debtors and debtors in possession (collectively, the “Debtors”), filed
voluntary petitions for relief under chapter 11 of the United States Code (the “Bankruptcy
Code”) in the United States Bankruptcy Court for the District of Delaware (the “Court”).
On [______], 2024 the Court entered an order [Docket No. [__]] (the “Bar Date Order”)
establishing certain dates by which parties holding prepetition claims against the Debtors must
file proofs of claim, including requests for payment pursuant to section 503(b)(9) of the
Bankruptcy Code.
For your convenience, enclosed with this notice (this “Bar Date Notice”) is a proof of
claim form, which identifies on its face the amount, nature, and classification of your claim(s), if
any, listed in the Debtors’ schedules of assets and liabilities filed in these cases
(the “Schedules”). If the Debtors believe that you hold claims against more than one Debtor, you
will receive multiple proof of claim forms, each of which will reflect the nature and amount of
your claim as listed in the Schedules.
As used in this Notice, the term “entity” has the meaning given to it in section 101(15) of
the Bankruptcy Code, and includes all persons, estates, trusts, governmental units, and the Office
of the United States Trustee for the District of Delaware. In addition, the terms “persons” and
“governmental units” are defined in sections 101(41) and 101(27) of the Bankruptcy Code,
respectively.
As used in this Notice, the term “claim” means, as to or against the Debtors and pursuant
to section 101(5) of the Bankruptcy Code: (a) any right to payment, whether or not such right is
reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed,
undisputed, legal, equitable, secured, or unsecured; or (b) any right to an equitable remedy for
breach of performance if such breach gives rise to a right to payment, whether or not such right
to an equitable remedy is reduced to judgment, fixed, contingent, matured, unmatured, disputed,
undisputed, secured, or unsecured.
I. THE BAR DATES
The Bar Date Order establishes the following bar dates for filing proofs of claim in these
chapter 11 cases.
2
2
Case 24-11217-BLS Doc 151-2 Filed 07/06/24 Page 20 of 31
a. The General Bar Date. Pursuant to the Bar Date Order, except as
described below, all entities holding claims against the Debtors that arose
or are deemed to have arisen before the commencement of these cases on
the Petition Date, including requests for payment pursuant to
section 503(b)(9), are required to file proofs of claim by the General
Bar Date so that such proofs of claim are actually received by the
Debtors’ notice and claims agent, Omni Agent Solutions, Inc.
(“Omni”) by the General Bar Date, (i.e., by August 2, 2024 at
11:59 p.m., prevailing Eastern Time). The General Bar Date applies to
all types of claims against the Debtors that arose before the Petition Date,
including secured claims, unsecured priority claims, unsecured
non-priority claims contingent claims, unliquidated claims, disputed
claims, and rejection damage claims for executory contracts and unexpired
leases that have already been rejected by order of the Court in these
chapter 11 cases.
b. The Governmental Bar Date. Pursuant to the Bar Date Order, all
governmental units holding claims against the Debtors that arose or
are deemed to have arisen prior to the commencement of these cases
on the Petition Date are required to file proofs of claim by the
Governmental Bar Date (i.e., by December 9, 2024 at 11:59 p.m.,
prevailing Eastern Time). The Governmental Bar Date applies to all
governmental units holding claims against the Debtors (whether secured,
unsecured priority, or unsecured non-priority) that arose prior to the
Petition Date, including, without limitation, governmental units with
claims against the Debtors for unpaid taxes, whether such claims arise
from prepetition tax years or periods or prepetition transactions to which
the Debtors were a party. All governmental units holding such claims
against the Debtors are required to file proofs of claim so that such proofs
of claim are actually received by Omni by the Governmental Bar Date.
c. Amended Schedules Bar Date. If the Debtors amend or supplement their
Schedules to reduce the undisputed, noncontingent, and liquidated amount
of a claim listed in the Schedules, to change the nature or classification of
a claim against the Debtors reflected in the Schedules, or to add a new
claim to the Schedules, the affected creditor, if so chooses, is required to
file a proof of claim or amend any previously filed proof of claim in
respect of the amended scheduled claim on or before the later of (a) the
General Bar Date or the Governmental Bar Date, as applicable, to such
claim, and (b) 11:59 p.m., prevailing Eastern Time, on the date that is
21 days from the date on which the Debtors provide notice of the
amendment to the Schedules.
d. Rejection Damages Bar Date. In the event that an order authorizing the
rejection of an executory contract or unexpired lease is entered, except as
otherwise set forth in such order, the bar date for filing a Proof of Claim
based on the Debtors’ rejection of such contract or lease shall be the later
3
3
Case 24-11217-BLS Doc 151-2 Filed 07/06/24 Page 21 of 31
of (i) the General Bar Date, (ii) 11:59 p.m., prevailing Eastern Time, on
the date that is 30 days after the later of (A) entry of an order approving
the rejection of any executory contract or unexpired lease of the Debtors
or (B) the effective date of a rejection of any executory contract or
unexpired lease of the Debtors pursuant to operation of any Court order.
All entities holding such claims against the Debtors would be required to
file proofs of claim so that such proofs are actually received by Omni by
the applicable Rejection Damages Bar Date.
II. WHO MUST FILE A PROOF OF CLAIM
Except as otherwise set forth herein, the following entities holding claims against the
Debtors that arose (or that are deemed to have arisen) before the Petition Date must file proofs of
claim on or before the General Bar Date, Governmental Bar Date, or any other bar date set forth
in the Bar Date Order, as applicable:
a. any entity whose claim against a Debtor is not listed in the applicable
Debtor’s Schedules or is listed as contingent, unliquidated, or disputed if
such entity desires to participate in any of these chapter 11 cases or share
in any distribution in any of these chapter 11 cases;
b. any entity who believes that its claim is improperly classified in the
Schedules or is listed in an incorrect amount and who desires to have its
claim allowed in a classification or amount other than that identified in the
Schedules;
c. any entity that believes that its prepetition claims as listed in the Schedules
is not an obligation of the specific Debtor against which the claim is listed
and that desires to have its claim allowed against a Debtor other than that
identified in the Schedules; and
d. any entity who believes that its claim against a Debtor is or may be an
administrative expense pursuant to section 503(b)(9) of the
Bankruptcy Code.
III. PARTIES WHO DO NOT NEED TO FILE PROOFS OF CLAIM
Certain parties are not required to file proofs of claim. The Court may, however, enter
one or more separate orders at a later time requiring creditors to file proofs of claim for some
kinds of the following claims and setting related deadlines. If the Court does enter such an order,
you will receive notice of it. The following entities holding claims that would otherwise be
subject to the Bar Dates need not file proofs of claims:
a. any entity that already has filed a signed proof of claim against the
respective Debtor(s) with the Clerk of the Court or with Omni in a form
substantially similar to Official Form 410;
4
4
Case 24-11217-BLS Doc 151-2 Filed 07/06/24 Page 22 of 31
b. any entity whose claim is listed on the Schedules if: (i) the claim is not
scheduled as any of “disputed,” “contingent,” or “unliquidated;” (ii) such
entity agrees with the amount, nature, and priority of the claim as set forth
in the Schedules; and (iii) such entity does not dispute that its claim is an
obligation only of the specific Debtor against which the claim is listed in
the Schedules;
c. any entity whose claim has previously been allowed by order of the Court;
d. any entity whose claim has been paid in full or is otherwise fully satisfied
by the Debtors pursuant to the Bankruptcy Code or pursuant to an order of
the Court;
e. any Debtor having a claim against another Debtor;
f. any entity whose claim is solely against any of the Debtors’ non-Debtor
affiliates;
g. any entity that holds an interest in any of the Debtors, which interest is
based exclusively on the ownership of common stock, preferred stock,
membership interests, partnership interests, or rights to purchase, sell, or
subscribe to such an interest; provided that interest holders who wish to
assert claims (as opposed to ownership interests) against any of the
Debtors, including claims that arise out of or relate to the ownership or
purchase of an interest, must file proofs of claim on or before the
applicable Bar Date unless another exception identified herein applies;2
h. a current employee of the Debtors, if an order of this Court authorized the
Debtors to honor such claim in the ordinary course of business as a wage,
commission, or benefit; provided that a current employee must submit a
proof of claim by the General Bar Date for all other claims arising before
the Petition Date, including (but not limited to) claims for wrongful
termination, discrimination, harassment, hostile work environment, and/or
retaliation;
i. any current officer, director, or employee for claims based on
indemnification, contribution, or reimbursement;
j. any entity holding a claim for which a separate deadline is fixed by this
Court;
k. any entity holding a claim allowable under sections 503(b) and 507(a)(2)
of the Bankruptcy Code as an expense of administration incurred in the
ordinary course, provided that any entity asserting a claim entitled to
2 The Debtors reserve all rights regarding any such claims, including to, inter alia, assert that such claims are
subject to subordination pursuant to Bankruptcy Code section 510(b).
5
5
Case 24-11217-BLS Doc 151-2 Filed 07/06/24 Page 23 of 31
priority under section 503(b)(9) of the Bankruptcy Code must assert such
claims by filing a proof of claim on or prior to the General Bar Date; and
l. any person or entity that is exempt from filing a Proof of Claim pursuant
to an order of the Court in these chapter 11 cases, including, without
limitation, pursuant to any orders authorizing the Debtors’ proposed
postpetition financing (whether on an interim or final basis) (any such
orders, the “DIP Orders”).
IV. INSTRUCTIONS FOR FILING PROOFS OF CLAIM
The following requirements shall apply with respect to filing and preparing each proof of
claim:
a. Contents. Each proof of claim must: (i) be written in English; (ii) include
a claim amount denominated in United States dollars using, if applicable,
the exchange rate as of 5:00 p.m., prevailing Eastern Time, on the Petition
Date (and to the extent such claim is converted to United States dollars,
state the rate used in such conversion); (iii) conform substantially with the
Proof of Claim Form provided by the Debtors or Official Form 410; and
(iv) be signed by the claimant or by an authorized agent or legal
representative of the claimant.
b. Section 503(b)(9) Claim. Any proof of claim asserting a claim entitled to
priority under section 503(b)(9) must also: (i) include the value of the
goods delivered to and received by the Debtors in the 20 days before the
Petition Date; and (ii) attach any documentation identifying the particular
invoices for which the 503(b)(9) claim is being asserted.
c. Original Signatures Required. Only original proofs of claim (whether
submitted by hard copy or through the Online Portal available at
https://omniagentsolutions.com/Vyaire) will be deemed acceptable for
purposes of claims administration. Copies of proofs of claim or proofs of
claim sent by facsimile or electronic mail will not be accepted.
d. Identification of the Debtor Entity. Each proof of claim must clearly
identify the Debtor against which a claim is asserted, including the
individual Debtor’s case number. A proof of claim filed under the joint
administration case number or otherwise without identifying a specific
Debtor, will be deemed as filed only against Vyaire Medical, Inc.
e. Claim Against Multiple Debtor Entities. Unless otherwise ordered by the
Court, each proof of claim must state a claim against only one Debtor and
clearly indicate the Debtor against which the claim is asserted. To the
extent more than one Debtor is listed on the proof of claim, such claim
may be treated as if filed only against the first-listed Debtor.
6
6
Case 24-11217-BLS Doc 151-2 Filed 07/06/24 Page 24 of 31
f. Supporting Documentation. Each proof of claim must include supporting
documentation pursuant to Bankruptcy Rules 3001(c) and 3001(d). If,
however, such documentation is voluminous, such proof of claim may
include a summary of such documentation or an explanation as to why
such documentation is not available; provided that any creditor that
includes only a summary of such documentation shall be required to
transmit all such supporting documentation to Debtors’ counsel upon
request no later than 10 days from the date of such request.
g. Timely Service. Each proof of claim must be filed, including supporting
documentation, so as to be actually received by Omni on or before the
General Bar Date or the Governmental Bar Date (or, where applicable, on
or before any other Bar Date as set forth herein or by order of the Court)
either by (i) electronically through the Online Portal at
https://omniagentsolutions.com/Vyaire under “Claims” and by clicking on
“Submit a Proof of Claim,” or (ii) U.S. Mail, overnight mail, or other hand
delivery system at the following address:
By First Class Mail, Overnight Courier or Hand Delivery to:
Vyaire Medical, Inc. et al. Claims Processing
c/o Omni Agent Solutions, Inc.
5955 De Soto Avenue, Suite 100
Woodland Hills, CA 91367
PROOFS OF CLAIM SUBMITTED BY FACSIMILE OR ELECTRONIC MAIL WILL
NOT BE ACCEPTED.
h. Receipt of Service. Claimants wishing to receive acknowledgment that
their paper proofs of claim were received by Omni must submit (i) a copy
of the Proof of Claim Form (in addition to the original Proof of Claim
Form sent to Omni) and (ii) a self-addressed, stamped envelope.
V. CONSEQUENCES OF FAILING TO TIMELY FILE YOUR PROOF OF CLAIM
Pursuant to the Bar Date Order and pursuant to Bankruptcy Rule 3003(c)(2), if you or any
party or entity who is required, but fails, to file a proof of claim in accordance with the Bar Date
order on or before the applicable Bar Date, please be advised that:
a. YOU WILL NOT RECEIVE ANY DISTRIBUTION IN THESE
CHAPTER 11 CASES ON ACCOUNT OF THAT CLAIM; AND
b. YOU WILL NOT BE PERMITTED TO VOTE ON ANY CHAPTER 11
PLAN OR PLANS FOR THE DEBTORS ON ACCOUNT OF THESE
BARRED CLAIMS.
7
7
Case 24-11217-BLS Doc 151-2 Filed 07/06/24 Page 25 of 31
VI. RESERVATION OF RIGHTS
Nothing contained in this Notice is intended to or should be construed as a waiver of the
Debtors’ right to: (a) dispute, or assert offsets or defenses against, any filed claim or any claim
listed or reflected in the Schedules as to the nature, amount, liability, or classification thereof;
(b) subsequently designate any scheduled claim as disputed, contingent, or unliquidated; and
(c) otherwise amend or supplement the Schedules.
VII. THE DEBTORS’ SCHEDULES AND ACCESS THERETO
You may be listed as the holder of a claim against one or more of the Debtor entities in
the Debtors’ Schedules. To determine if and how you are listed on the Schedules, please refer to
the descriptions set forth on the enclosed Proof of Claim Forms regarding the nature, amount,
and status of your claim(s). If the Debtors believe that you may hold claims against more than 1
Debtor entity, you will receive multiple Proof of Claim Forms, each of which will reflect the
nature and amount of your claim against 1 Debtor entity, as listed in the Schedules.
If you rely on the Debtors’ Schedules, it is your responsibility to determine that the claim
is accurately listed in the Schedules. However, you may rely on the enclosed form, which sets
forth the amount of your claim (if any) as scheduled; identifies the Debtor entity against which it
is scheduled; specifies whether your claim is listed in the Schedules as disputed, contingent, or
unliquidated; and identifies whether your claim is scheduled as a secured, unsecured priority, or
unsecured non-priority claim.
As described above, if you agree with the nature, amount, and status of your claim as
listed in the Debtors’ Schedules, and if you do not dispute that your claim is only against the
Debtor entity specified by the Debtors, and if your claim is not described as “disputed,”
“contingent,” or “unliquidated,” you need not file a proof of claim. Otherwise, or if you decide
to file a proof of claim, you must do so before the applicable Bar Date in accordance with the
procedures set forth in this Notice.
VIII. ADDITIONAL INFORMATION
Copies of the Debtors’ Schedules, the Bar Date Order, and other information regarding
these chapter 11 cases are available for inspection free of charge on Omni’s website at
https://omniagentsolutions.com/Vyaire. The Schedules and other filings in these chapter 11
cases also are available for a fee at the Court’s website at http://www.deb.uscourts.gov. A login
identification and password to the Court’s Public Access to Court Electronic Records
(“PACER”) are required to access this information and can be obtained through the PACER
Service Center at http://www.pacer.psc.uscourts.gov. Copies of the Schedules and other
documents filed in these cases also may be examined between the hours of 9:00 a.m. and
4:30 p.m., prevailing Eastern Time, Monday through Friday, at the office of the Clerk of the
Bankruptcy Court, United States Bankruptcy Court for the District of Delaware, 824 Market
Street, 3rd Floor, Wilmington, Delaware 19801.
If you require additional information regarding the filing of a proof of claim, you may
contact the Debtors’ claims agent, Omni Agent Solutions, Inc., by calling the Debtors’
8
8
Case 24-11217-BLS Doc 151-2 Filed 07/06/24 Page 26 of 31
restructuring hotline at: (866) 956-2140 (U.S. & Canada) or (818) 666-3635 (International), or
writing (i) via first class mail, to Vyaire Medical, Inc., Claims Processing, c/o Omni Agent
Solutions, Inc., 5955 De Soto Avenue, Suite 100, Woodland Hills, CA 91367, or (ii) via
email to: Vyaireinquiries@omniagnt.com with a reference to “Vyaire Medical, Inc.” in the
subject line.
A HOLDER OF A POSSIBLE CLAIM AGAINST THE DEBTORS SHOULD CONSULT
AN ATTORNEY REGARDING ANY MATTERS NOT COVERED BY THIS NOTICE,
SUCH AS WHETHER THE HOLDER SHOULD FILE A PROOF OF CLAIM.
[Remainder of page intentionally left blank]
9
9
Case 24-11217-BLS Doc 151-2 Filed 07/06/24 Page 27 of 31
EXHIBIT 3
Publication Notice
Case 24-11217-BLS Doc 151-2 Filed 07/06/24 Page 28 of 31
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)
)
NOTICE OF DEADLINES FOR THE FILING OF PROOFS OF CLAIM,
INCLUDING UNDER SECTION 503(B)(9) OF THE BANKRUPTCY CODE
THE GENERAL BAR DATE IS AUGUST 2, 2024, AT 11:59 P.M. (PREVAILING
EASTERN TIME)
THE GOVERNMENTAL BAR DATE IS DECEMBER 9, 2024, AT 11:59 P.M.
(PREVAILING EASTERN TIME)
THE AMENDED SCHEDULES BAR DATE IS AS DEFINED HEREIN
THE REJECTION DAMAGES BAR DATE IS AS DEFINED HEREIN
PLEASE TAKE NOTICE OF THE FOLLOWING:
Deadlines for Filing Proofs of Claim. On [______] 2024, the United States Bankruptcy
Court for the District of Delaware (the “Court”) entered an order [Docket No. [____]]
(the “Bar Date Order”) establishing certain deadlines for the filing of proofs of claim, including
requests for payment under section 503(b)(9) of the Bankruptcy Code, in the chapter 11 cases of
the following debtors and debtors in possession (collectively, the “Debtors”):
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.
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 151-2 Filed 07/06/24 Page 29 of 31
DEBTOR CASE NO.
Vyaire Medical, Inc. 24-11217
Bird Products Corporation 24-11218
Breathe US Holdco, Inc. 24-11219
Breathe US Holdings LP 24-11220
EME Medical, Inc. 24-11221
Revolutionary Medical Devices, Inc. 24-11222
SensorMedics Corporation 24-11223
VIASYS Holdings Inc. 24-11224
VM Finance Sub LLC 24-11225
Vyaire Company 24-11226
Vyaire Finance B.V. 24-11227
Vyaire Financial Holdings LLC 24-11228
Vyaire Holding Company 24-11229
Vyaire Medical 202, Inc. 24-11230
Vyaire Medical 203, Inc. 24-11231
Vyaire Medical 205, Inc. 24-11232
Vyaire Medical 206, Inc. 24-11233
Vyaire Medical 211, Inc. 24-11234
Vyaire Medical BR LLC 24-11235
Vyaire Medical Capital LLC 24-11236
Vyaire Medical Consumables LLC 24-11237
Vyaire Medical International LLC 24-11238
Vyaire Medical LLC 24-11239
Vyaire Medical Payroll LLC 24-11240
Vyaire Receivables LLC 24-11241
Vyaire Respiratory Diagnostics LLC 24-11242
Vyaire TSR MidCo, LLC 24-11243
Vyaire TSR Sub, LLC 24-11244
The Bar Dates. Pursuant to the Bar Date Order, all entities (except governmental units),
including individuals, partnerships, estates, and trusts who have a claim or potential claim
against the Debtors that arose before June 9, 2024 (the “Petition Date”), no matter how remote or
contingent such right to payment or equitable remedy may be, including requests for payment
under section 503(b)(9) of the Bankruptcy Code, MUST FILE A PROOF OF CLAIM on or
before August 2, 2024 at 11:59 p.m., prevailing Eastern Time (the “General Bar Date”).
Governmental entities who have a claim or potential claim against the Debtors that arose before
the Petition Date, no matter how remote or contingent such right to payment or equitable remedy
may be, MUST FILE A PROOF OF CLAIM on or before December 9, 2024 at 11:59 p.m.,
prevailing Eastern Time (the “Governmental Bar Date”). All entities who have a claim or
potential claim against the Debtors based on any amendment by the Debtors of their Schedules,
no matter how remote or contingent such right to payment or equitable remedy may be, if they so
choose, MUST FILE A PROOF OF CLAIM on the later of (a) the General Bar Date or the
Governmental Bar Date, as applicable, to such claim, and (b) 11:59 p.m., prevailing Eastern
Time, on the date that is 21 days from the date on which the Debtors provide notice of the
amendment (the “Amended Schedules Bar Date”). All entities who have a claim or potential
claim against the Debtors based on the Debtors’ rejection of an executory contract or unexpired
2
Case 24-11217-BLS Doc 151-2 Filed 07/06/24 Page 30 of 31
lease, no matter how remote or contingent such right to payment or equitable remedy may be,
MUST FILE A PROOF OF CLAIM on the later of (i) the General Bar Date, (ii) 30 days after the
later of (A) entry of an order approving the rejection of any executory contract or unexpired lease
of the Debtors or (B) the effective date of a rejection of any executory contract or unexpired
lease of the Debtors pursuant to operation of any Court order (the “Rejection Claim Bar Date”).
ANY PERSON OR ENTITY WHO FAILS TO FILE A PROOF OF CLAIM, INCLUDING
UNDER SECTION 503(B)(9) OF THE BANKRUPTCY CODE, ON OR BEFORE THE
APPLICABLE BAR DATE SHALL NOT BE TREATED AS A CREDITOR WITH
RESPECT TO SUCH CLAIM FOR THE PURPOSES OF VOTING AND
DISTRIBUTION ON ANY CHAPTER 11 PLAN.
Filing a Proof of Claim. Each proof of claim must be filed, including supporting
documentation, so as to be actually received by the Debtors’ notice and claims agent, Omni, on
or before the applicable Bar Date, either: (i) electronically through the Online Portal available at
https://omniagentsolutions.com/Vyaire under “Claims” and by clicking on “Submit a Proof of
Claim” or (ii) by U.S. Mail, overnight mail, or other hand delivery system, at the following
address:
By First Class Mail, Overnight Courier or Hand Delivery to:
Vyaire Medical, Inc. et al. Claims Processing
c/o Omni Agent Solutions, Inc.
5955 De Soto Avenue, Suite 100
Woodland Hills, CA 91367
Contents of Proofs of Claim. Each proof of claim must (i) be written in English;
(ii) include a claim amount denominated in United States dollars using, if applicable, the
exchange rate as of 5:00 p.m., prevailing Eastern Time, on the Petition Date (and to the extent
such claim is converted to United States dollars, state the rate used in such conversion);
(iii) clearly identify the Debtor against which the claim is asserted (iv) conform substantially
with the Proof of Claim Form provided by the Debtors or Official Form 410; (v) be signed by the
claimant or by an authorized agent or legal representative of the claimant; and (vi) include as
attachments any and all supporting documentation on which the claim is based. Please note that
each proof of claim must state a claim against only 1 Debtor and clearly indicate the specific
Debtor against which the claim is asserted. To the extent more than 1 Debtor is listed on the
proof of claim, a proof of claim is treated as if filed only against the first-listed Debtor, or if a
proof of claim is otherwise filed without identifying a specific Debtor, the proof of claim may be
deemed as filed only against Vyaire Medical, Inc.
Section 503(b)(9) Requests for Payment. Any proof of claim and/or priority asserting a
claim arising under section 503(b)(9) of the Bankruptcy Code must also (i) include the value of
the goods delivered to and received by the Debtors in the 20 days before the Petition Date; and
(ii) attach any documentation identifying the particular invoices for which such 503(b)(9) claim
is being asserted.
Additional Information. If you require additional information regarding the filing of a
proof of claim, you may contact the Debtors’ claims agent, Omni Agent Solutions, Inc., by
calling the Debtors’ restructuring hotline at: (866) 956-2140 (U.S. & Canada) or (818) 666-3635
(International), or writing (i) via first class mail, to Vyaire Medical, Inc., Claims Processing, c/o
3
Case 24-11217-BLS Doc 151-2 Filed 07/06/24 Page 31 of 31
Omni Agent Solutions, Inc., 5955 De Soto Avenue, Suite 100, Woodland Hills, CA
91367, or (ii) via email to: Vyaireinquiries@omniagnt.com with a reference to “Vyaire
Medical, Inc.” in the subject line. Please note that Omni Agent Solutions, Inc. cannot offer
legal advice or advise whether you should file a proof of claim.
[Remainder of page intentionally left blank]
4
File and source
- File
- gov.uscourts.deb.193283.151.2.pdf
- Size
- 667,687 bytes
- SHA-256
- bd6ab4f22789d0495f6c10c92841b119bd2baa7278b94e7ef1d1a5808dabf991
- Original
- No public link identified.