Statement of Financial Affairs (Bird Products Corporation) — In re Vyaire Medical (2024-07-08, 1)
Summary
This Statement of Financial Affairs for Bird Products Corporation (Case No. 24-11218) is Doc 187 in the jointly administered Vyaire Medical, Inc., et al. case, and is Official Form 207 for non-individuals. The entries shown for gross revenue from business, non-business revenue, payments to creditors within 90 days before filing, insider payments, repossessions, setoffs, legal actions, gifts and charitable contributions, and closed financial accounts each read None. The entry numbered 31.1 lists VYAIRE HOLDING COMPANY under Name of Parent Corporation. The declaration was executed on 07/08/2024, with /s/ Charles N. Braley, Chief Restructuring Officer.
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
- Date
- 2024-07-08
Cite this document
“Statement of Financial Affairs (Bird Products Corporation) — In re Vyaire Medical (2024-07-08, 1).”
Original at ecf.deb.uscourts.gov, dated 2024-07-08. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2024-07-08-gov-uscourts-deb-193283-187-0/
, SHA-256 cc3a8696df0305e54daf00a7afefffc76b92e09f1f50f7fce0e7a29026a38a50.Full text
IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re VYAIRE MEDICAL, INC., et al. Debtors. ) ) ) ) ) ) ) Chapter 11 Case No. 24-11217 (BLS) (Jointly Administered) STATEMENT OF FINANCIAL AFFAIRS FOR Bird Products Corporation CASE NO. 24-11218 Case 24-11217-BLS Doc 187 Filed 07/08/24 Page 1 of 37 1. Gross Revenue from business None. Identify the Beginning and Ending Dates of the Debtor's Fiscal Year, which may be a Calendar Year Sources of Revenue (Check all that apply) Gross Revenue (Before Deductions and Exclusions) Income Part 1: Bird Products Corporation Case Number: 24-11218 Case 24-11217-BLS Doc 187 Filed 07/08/24 Page 2 of 37 2. Non-business revenue Include all guarantors and co-obligors. In Column 2, identify the creditor to whom the debt is owed and each schedule on which the creditor is listed. If the codebtor is liable on a debt to more than one creditor, list each creditor separately in Column 2. None. Description of Sources of Revenue Gross Revenue (Before Deductions and Exclusions) Income Part 1: Bird Products Corporation Case Number: 24-11218 Case 24-11217-BLS Doc 187 Filed 07/08/24 Page 3 of 37 3. Certain payments or transfers to creditors within 90 days before filing this case List payments or transfers — including expense reimbursements — to any creditor, other than regular employee compensation, within 90 days before filing this case unless the aggregate value of all property transferred to that creditor is less than $7,575. (This amount may be adjusted on 4/01/25 and every 3 years after that with respect to cases filed on or after the date of adjustment.) None. Creditor's Name and Address Dates Total Amount or Value Reasons for Payment or Transfer List Certain Transfers Made Before Filing for Bankruptcy Part 2: Bird Products Corporation Case Number: 24-11218 Case 24-11217-BLS Doc 187 Filed 07/08/24 Page 4 of 37 4. Payments or other transfers of property made within 1 year before filing this case that benefited any insider List payments or transfers, including expense reimbursements, made within 1 year before filing this case on debts owed to an insider or guaranteed or cosigned by an insider unless the aggregate value of all property transferred to or for the benefit of the insider is less than $7,575. (This amount may be adjusted on 4/01/25 and every 3 years after that with respect to cases filed on or after the date of adjustment.) Do not include any payments listed in line 3. Insiders include officers, directors, and anyone in control of a corporate debtor and their relatives; general partners of a partnership debtor and their relatives; affiliates of the debtor and insiders of such affiliates; and any managing agent of the debtor. 11 U.S.C. § 101(31). None. Insider's Name and Address and Relationship to Debtor Dates Amount Reasons for Payment List Certain Transfers Made Before Filing for Bankruptcy Part 2: Bird Products Corporation Case Number: 24-11218 Case 24-11217-BLS Doc 187 Filed 07/08/24 Page 5 of 37 5. Repossessions, foreclosures, and returns List all property of the debtor that was obtained by a creditor within 1 year before filing this case, including property repossessed by a creditor, sold at a foreclosure sale, transferred by a deed in lieu of foreclosure, or returned to the seller. Do not include property listed in line 6. None. Creditor's Name and Address Description of the property Date Value of Property List Certain Transfers Made Before Filing for Bankruptcy Part 2: Bird Products Corporation Case Number: 24-11218 Case 24-11217-BLS Doc 187 Filed 07/08/24 Page 6 of 37 6. Setoffs List any creditor, including a bank or financial institution, that within 90 days before filing this case set off or otherwise took anything from an account of the debtor without permission or refused to make a payment at the debtor's direction from an account of the debtor because the debtor owed a debt. None. Creditor's Name and Address Description of Action Creditor Took Date Action Taken Account Number Amount List Certain Transfers Made Before Filing for Bankruptcy Part 2: Bird Products Corporation Case Number: 24-11218 Case 24-11217-BLS Doc 187 Filed 07/08/24 Page 7 of 37 7. Legal actions, administrative proceedings, court actions, executions, attachments, or governmental audits List the legal actions, proceedings, investigations, arbitrations, mediations, and audits by federal or state agencies in which the debtor was involved in any capacity—within 1 year before filing this case. None. Caption of Suit and Case Number Nature of Proceeding Court or Agency and Address Status of Case Legal Actions or Assignments Part 3: Bird Products Corporation Case Number: 24-11218 Case 24-11217-BLS Doc 187 Filed 07/08/24 Page 8 of 37 8. Assignments and receivership List any property in the hands of an assignee for the benefit of creditors during the 120 days before filing this case and any property in the hands of a receiver, custodian, or other court-appointed officer within 1 year before filing this case. None. Custodian's Name and Address Court Name and Address Case Title and Number Date Description of Property Value Legal Actions or Assignments Part 3: Bird Products Corporation Case Number: 24-11218 Case 24-11217-BLS Doc 187 Filed 07/08/24 Page 9 of 37 9. List all gifts or charitable contributions the debtor gave to a recipient within 2 years before filing this case unless the aggregate value of the gifts to that recipient is less than $1,000 None. Recipient's Name and Address Recipient's Relation to Debtor Description of the Gifts and Contributions Dates Given Value Certain Gifts and Charitable Contributions Part 4: Bird Products Corporation Case Number: 24-11218 Case 24-11217-BLS Doc 187 Filed 07/08/24 Page 10 of 37 10. All losses from fire, theft, or other casualty within 1 year before filing this case. None. Description of the property lost and how the lost occurred Amount of Payments Received for the Loss If you have received payments to cover the loss, for example, from insurance, government compensation, or tort liability, list the total received. List unpaid claims on Official Form 106A/B (Schedule A/B: Assets - Real and Personal Property). Date of Loss Value of Property Lost Certain Losses Part 5: Bird Products Corporation Case Number: 24-11218 Case 24-11217-BLS Doc 187 Filed 07/08/24 Page 11 of 37 11. Payments related to bankruptcy List any payments of money or other transfers of property made by the debtor or person acting on behalf of the debtor within 1 year before the filing of this case to another person or entity, including attorneys, that the debtor consulted about debt consolidation or restructuring, seeking bankruptcy relief, or filing a bankruptcy case. None. Who was Paid or Who Received the Transfer? Address Email / Website Who Made the Payment, if not Debtor If not Money, Describe any Property Transferred Dates Value Certain Payments or Transfers Part 6: Bird Products Corporation Case Number: 24-11218 Case 24-11217-BLS Doc 187 Filed 07/08/24 Page 12 of 37 12. Self-settled trusts of which the debtor is a beneficiary List any payments or transfers of property made by the debtor or a person acting on behalf of the debtor within 10 years before the filing of this case to a self-settled trust or similar device. Do not include transfers already listed on this statement. None. Name of Trust or Device Trustee Describe any Property Transfered Dates Transfers Were Made Total Amount / Value Certain Payments or Transfers Part 6: Bird Products Corporation Case Number: 24-11218 Case 24-11217-BLS Doc 187 Filed 07/08/24 Page 13 of 37 13. Transfers not already listed on this statement List any transfers of money or other property - by sale, trade, or any other means - made by the debtor or a person acting on behalf of the debtor within 2 years before the filing of this case to another person, other than property transferred in the ordinary course of business or financial affairs. Include both outright transfers and transfers made as security. Do not include gifts or transfers previously listed on this statement. None. Name and Address of Transferee, Relationship to Debtor Description of Property Date Transfer was Made Total Amount or Value Certain Payments or Transfers Part 6: Bird Products Corporation Case Number: 24-11218 Case 24-11217-BLS Doc 187 Filed 07/08/24 Page 14 of 37 14. Previous Addresses List all previous addresses used by the debtor within 3 years before filing this case and the dates the addresses were used. None. Address Dates of Occupancy Previous Locations Part 7: Bird Products Corporation Case Number: 24-11218 Case 24-11217-BLS Doc 187 Filed 07/08/24 Page 15 of 37 15. Health Care bankruptcies Is the debtor primarily engaged in offering services and facilities for: - diagnosing or treating injury, deformity, or disease, or - providing any surgical, psychiatric, drug treatment, or obstetric care? None. Facility Name and Address Nature of the Business Operation, Including Type of Services the Debtor Provides Location Where Patient Records are Maintained (if Different from Facility Address). If Electronic, Identify any Service Provider If Debtor Provides Meals and Housing, Number of Patients in Debtor's Care How are Records Kept? Health Care Bankruptcies Part 8: Bird Products Corporation Case Number: 24-11218 Case 24-11217-BLS Doc 187 Filed 07/08/24 Page 16 of 37 16. Does the debtor collect and retain personally identifiable information of customers? No Yes. State the nature of the information collected and retained. Does the debtor have a privacy policy about that information? No Yes Personally Identifiable Information Part 9: Bird Products Corporation Case Number: 24-11218 Case 24-11217-BLS Doc 187 Filed 07/08/24 Page 17 of 37 17. Within 6 years before filing this case, have any employees of the debtor been participants in any ERISA, 401(k), 403(b), or other pension or profit-sharing plan made available by the debtor as an employee benefit? No. Go to Part 10. Yes. Does the debtor serve as plan administrator? No. Go to Part 10. Yes Describe: EIN: Has the plan been terminated? No Yes Personally Identifiable Information Part 9: Bird Products Corporation Case Number: 24-11218 Case 24-11217-BLS Doc 187 Filed 07/08/24 Page 18 of 37 18. Closed financial accounts Within 1 year before filing this case, were any financial accounts or instruments held in the debtor's name, or for the debtor's benefit, closed, sold, moved, or transferred? Include checking, savings, money market, or other financial accounts; certificates of deposit; and shares in banks, credit unions, brokerage houses, cooperatives, associations, and other financial institutions. None. Financial Institution Name and Address Last 4 Digits of Account Number Type of Account Date of Closing Last Balance Certain Financial Accounts, Safe Deposit Boxes, and Storage Units Part 10: Bird Products Corporation Case Number: 24-11218 Case 24-11217-BLS Doc 187 Filed 07/08/24 Page 19 of 37 19. Safe deposit boxes List any safe deposit box or other depository for securities, cash, or other valuables the debtor now has or did have within 1 year before filing this case. None. Depository Institution Name and Address Names of Anyone with Access to it and Address Description of the Contents Does Debtor still have it? Certain Financial Accounts, Safe Deposit Boxes, and Storage Units Part 10: Bird Products Corporation Case Number: 24-11218 Case 24-11217-BLS Doc 187 Filed 07/08/24 Page 20 of 37 20. Off-premises storage List any property kept in storage units or warehouses within 1 year before filing this case. Do not include facilities that are in a part of a building in which the debtor does business. None. Facility Name and Address Names of Anyone with Access to it Address Description of the Contents Does Debtor still have it? Certain Financial Accounts, Safe Deposit Boxes, and Storage Units Part 10: Bird Products Corporation Case Number: 24-11218 Case 24-11217-BLS Doc 187 Filed 07/08/24 Page 21 of 37 21. Property held for another List any property that the debtor holds or controls that another entity owns. Include any property borrowed from, being stored for, or held in trust. Do not list leased or rented property. None. Owner's Name and Address Location of the Property Description of the Property Value Property the Debtor Holds or Controls That the Debtor Does Not Own Part 11: Bird Products Corporation Case Number: 24-11218 Case 24-11217-BLS Doc 187 Filed 07/08/24 Page 22 of 37 For the purpose of Part 12, the following definitions apply: Environmental law means any statute or governmental regulation that concerns pollution, contamination, or hazardous material, regardless of the medium affected (air, land, water, or any other medium) Site means any location, facility, or property, including disposal sites, that the debtor now owns, operates, or utilizes or that the debtor formerly owned, operated, or utilized. Hazardous material means anything that an environmental law defines as hazardous or toxic, or describes as a pollutant, contaminant, or a similarly harmful substance. Report all notices, releases, and proceedings known, regardless of when they occurred. 22. Has the debtor been a party in any judicial or administrative proceeding under any environmental law? Include settlements and orders. None. Case Title and Case Number Court or Agency Name and Address Nature of Proceeding Status Details About Environmental Information Part 12: Bird Products Corporation Case Number: 24-11218 Case 24-11217-BLS Doc 187 Filed 07/08/24 Page 23 of 37 For the purpose of Part 12, the following definitions apply: Environmental law means any statute or governmental regulation that concerns pollution, contamination, or hazardous material, regardless of the medium affected (air, land, water, or any other medium) Site means any location, facility, or property, including disposal sites, that the debtor now owns, operates, or utilizes or that the debtor formerly owned, operated, or utilized. Hazardous material means anything that an environmental law defines as hazardous or toxic, or describes as a pollutant, contaminant, or a similarly harmful substance. Report all notices, releases, and proceedings known, regardless of when they occurred. 23. Has any governmental unit otherwise notified the debtor that the debtor may be liable under or in violation of an environmental law? None. Site Name and Address Governmental Unit Name and Address Environmental Law, if Known Date of Notice Details About Environmental Information Part 12: Bird Products Corporation Case Number: 24-11218 Case 24-11217-BLS Doc 187 Filed 07/08/24 Page 24 of 37 For the purpose of Part 12, the following definitions apply: Environmental law means any statute or governmental regulation that concerns pollution, contamination, or hazardous material, regardless of the medium affected (air, land, water, or any other medium) Site means any location, facility, or property, including disposal sites, that the debtor now owns, operates, or utilizes or that the debtor formerly owned, operated, or utilized. Hazardous material means anything that an environmental law defines as hazardous or toxic, or describes as a pollutant, contaminant, or a similarly harmful substance. Report all notices, releases, and proceedings known, regardless of when they occurred. 24. Has the debtor notified any governmental unit of any release of hazardous material? None. Site Name and Address Governmental Unit Name and Address Environmental Law, if Known Date of Notice Details About Environmental Information Part 12: Bird Products Corporation Case Number: 24-11218 Case 24-11217-BLS Doc 187 Filed 07/08/24 Page 25 of 37 25. Other businesses in which the debtor has or has had an interest List any business for which the debtor was an owner, partner, member, or otherwise a person in control within 6 years before filing this case. Include this information even if already listed in the Schedules. None. Business Name and Address Describe the Nature of the Business Employer Identification Number (Do not include SSN or ITIN) Dates Business Existed 25.1 VYAIRE MEDICAL 206, INC. 26125 N. RIVERWOODS BLVD., METTAWA, IL 60045 DORMANT COMPANY 20-3233125 - 25.2 VYAIRE MEDICAL 211, INC. 510 TECHNOLOGY DRIVE IRVINE, CA 92618 MANUFACTURING/OPERATING ENTITY 16-1721349 - Details About the Debtor's Business or Connections to Any Business Part 13: Bird Products Corporation Case Number: 24-11218 Case 24-11217-BLS Doc 187 Filed 07/08/24 Page 26 of 37 26. Books, records, and financial statements 26a. List all accountants and bookkeepers who maintained the debtor's books and records within 2 years before filing this case. None. Name and Address Dates of Service 26a.1 CALEB MOORE 26125 N. RIVERWOODS BLVD. METTAWA, IL 60045 05/01/2021 - 02/01/2023 26a.2 DEBRA LAMB MICHAUD 26125 N. RIVERWOODS BLVD. METTAWA, IL 60045 02/01/2023 - 11/01/2023 26a.3 EDWARD MANLEY 26125 N. RIVERWOODS BLVD. METTAWA, IL 60045 03/01/2024 - ONGOING 26a.4 KIRA BROWN 26125 N. RIVERWOODS BLVD. METTAWA, IL 60045 11/01/2023 - 03/01/2024 26a.5 PHIL CUTTING 26125 N. RIVERWOODS BLVD. METTAWA, IL 60045 12/01/2021 - 05/01/2023 26a.6 VIKRAM BAJAJ 26125 N. RIVERWOODS BLVD. METTAWA, IL 60045 05/01/2023 - ONGOING Details About the Debtor's Business or Connections to Any Business Part 13: Bird Products Corporation Case Number: 24-11218 Case 24-11217-BLS Doc 187 Filed 07/08/24 Page 27 of 37 26. Books, records, and financial statements 26b. List all firms or individuals who have audited, compiled, or reviewed debtor's books of account and records or prepared a financial statement within 2 years before filing this case. None. Name and Address Dates of Service 26b.1 ERNST & YOUNG US LLP 200 PLAZA DR, STE 2222 SECAUCUS, NJ 07094-3607 - ONGOING Details About the Debtor's Business or Connections to Any Business Part 13: Bird Products Corporation Case Number: 24-11218 Case 24-11217-BLS Doc 187 Filed 07/08/24 Page 28 of 37 26. Books, records, and financial statements 26c. List all firms or individuals who were in possession of the debtor's books of account and records when this case is filed. None. Name and Address If any Books of Account and Records are Unavailable, Explain Why 26c.1 EDWARD MANLEY 26125 N. RIVERWOODS BLVD. METTAWA, IL 60045 26c.2 VIKRAM BAJAJ 26125 N. RIVERWOODS BLVD. METTAWA, IL 60045 Details About the Debtor's Business or Connections to Any Business Part 13: Bird Products Corporation Case Number: 24-11218 Case 24-11217-BLS Doc 187 Filed 07/08/24 Page 29 of 37 26. Books, records, and financial statements 26d. List all financial institutions, creditors, and other parties, including mercantile and trade agencies, to whom the debtor issued a financial statement within 2 years before filing this case. None. Name and Address 26d.1 BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT AND COLLATERAL AGENT 135 S. LASALLE STREET IL4-135-09-61 CHICAGO, IL 60603-4157 26d.2 WILMINGTON TRUST, NATIONAL ASSOCIATION, AS COLLATERAL AGENT 50 SOUTH SIXTH STREET SUITE 1290 MINNEAPOLIS, MN 55402 26d.3 WILMINGTON TRUST, NATIONAL ASSOCIATION, AS COLLATERAL AGENT 1100 NORTH MARKET STREET WILMINGTON, DE 19890 Details About the Debtor's Business or Connections to Any Business Part 13: Bird Products Corporation Case Number: 24-11218 Case 24-11217-BLS Doc 187 Filed 07/08/24 Page 30 of 37 27. Inventories Have any inventories of the debtor's property been taken within 2 years before filing this case? None. Name of the Person who Supervised the Taking of the Inventory Name and Address of the Person who has Possession of Inventory Records Date of Inventory Dollar Amount Basis Details About the Debtor's Business or Connections to Any Business Part 13: Bird Products Corporation Case Number: 24-11218 Case 24-11217-BLS Doc 187 Filed 07/08/24 Page 31 of 37 28. List the debtor's officers, directors, managing members, general partners, members in control, controlling shareholders, or other people in control of the debtor at the time of the filing of this case. None. Name and Address Position and Nature of any Interest Percent of Interest, if any 28.1 JUNE JOHNSON ADDRESS ON FILE TREASURER 28.2 RACHEL LISENBY ADDRESS ON FILE SECRETARY 28.3 TAMMY NOLL ADDRESS ON FILE PRESIDENT 28.4 VIKRAM BAJAJ ADDRESS ON FILE DIRECTOR, GROUP CFO Details About the Debtor's Business or Connections to Any Business Part 13: Bird Products Corporation Case Number: 24-11218 Case 24-11217-BLS Doc 187 Filed 07/08/24 Page 32 of 37 29. Within 1 year before the filing of this case, did the debtor have officers, directors, managing members, general partners, members in control of the debtor, or shareholders in control of the debtor who no longer hold these positions? None. Name and Address Position and Nature of Interest Period During Which Position Was Held 29.1 CALEB MOORE 26125 N. RIVERWOODS BLVD. METTAWA, IL 60045 OFFICER 09/30/2021 - 02/10/2023 29.2 DEBRA LAMB MICHAUD 26125 N. RIVERWOODS BLVD. METTAWA, IL 60045 OFFICER 02/13/2023 - 11/28/2023 29.3 JOHN BIBB 26125 N. RIVERWOODS BLVD. METTAWA, IL 60045 DIRECTOR AND OFFICER 09/30/2021 - 11/28/2023 29.4 PHILIP CUTTING 26125 N. RIVERWOODS BLVD. METTAWA, IL 60045 OFFICER 01/14/2022 - 05/24/2023 Details About the Debtor's Business or Connections to Any Business Part 13: Bird Products Corporation Case Number: 24-11218 Case 24-11217-BLS Doc 187 Filed 07/08/24 Page 33 of 37 30. Payments, Distributions, or Withdrawals Credited or Given to Insiders Within 1 year before filing this case, did the debtor provide an insider with value in any form, including salary, other compensation, draws, bonuses, loans, credits on loans, stock redemptions, and options exercised? None. Name and Address of Recipient and Relationship to Debtor Amount Amount Description Dates Reason for Providing the Value Details About the Debtor's Business or Connections to Any Business Part 13: Bird Products Corporation Case Number: 24-11218 Case 24-11217-BLS Doc 187 Filed 07/08/24 Page 34 of 37 31. Within 6 years before filing this case, has the debtor been a member of any consolidated group for tax purposes? None. Name of Parent Corporation Employer Identification Number of the Parent Corporation 31.1 VYAIRE HOLDING COMPANY 36-4835388 Details About the Debtor's Business or Connections to Any Business Part 13: Bird Products Corporation Case Number: 24-11218 Case 24-11217-BLS Doc 187 Filed 07/08/24 Page 35 of 37 32. Within 6 years before filing this case, has the debtor as an employer been responsible for contributing to a pension fund? None. Name of Pension Fund Employer Identification Number of the Parent Corporation Details About the Debtor's Business or Connections to Any Business Part 13: Bird Products Corporation Case Number: 24-11218 Case 24-11217-BLS Doc 187 Filed 07/08/24 Page 36 of 37 WARNING -- Bankruptcy fraud is a serious crime. Making a false statement, concealing property, or obtaining money or property by fraud in connection with a bankruptcy case can result in fines up to $500,000 or imprisonment for up to 20 years, or both. 18 U.S.C. §§ 152, 1341, 1519, and 3571. I have examined the information in this Statement of Financial Affairs and any attachments and have a reasonable belief that the information is true and correct. I declare under penalty of perjury that the foregoing is true and correct. Executed on: 07/08/2024 Signature: /s/ Charles N. Braley Are additional pages to the Statement of Financial Affairs for Non-Individuals Filing for Bankruptcy (Official Form 207) attached? No Yes Charles N. Braley, Chief Restructuring Officer Name and Title Signature and Declaration Part 14: Bird Products Corporation Case Number: 24-11218 Case 24-11217-BLS Doc 187 Filed 07/08/24 Page 37 of 37
File and source
- File
- gov.uscourts.deb.193283.187.0.pdf
- Size
- 805,911 bytes
- SHA-256
- cc3a8696df0305e54daf00a7afefffc76b92e09f1f50f7fce0e7a29026a38a50
- Original
- PACER (login required)