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IN THE UNITED STATES BANKRUPTCY COURT FOR
THE DISTRICT OF DELAWARE
In re
VYAIRE MEDICAL, INC., et al.
Debtors.
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)
)
)
)
)
)
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
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Bird Products Corporation
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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
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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
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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
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Bird Products Corporation
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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
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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
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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
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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
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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
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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
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Bird Products Corporation
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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
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Bird Products Corporation
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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
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Bird Products Corporation
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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
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Bird Products Corporation
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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
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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
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Bird Products Corporation
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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
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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
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Bird Products Corporation
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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
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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
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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
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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
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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
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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
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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
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Bird Products Corporation
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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