Pandemic Darlings The pandemic economy, in original documents
Home Source documents Supplemental Declaration of Patrick J. Reilley, Retention of Cole Schotz P.C. (Vyaire Medical, Doc 354)

Supplemental Declaration of Patrick J. Reilley, Retention of Cole Schotz P.C. (Vyaire Medical, Doc 354)

Summary

Patrick J. Reilley declares, in Doc 354 filed 08/08/24 in Case No. 24-11217 (BLS), in support of the Debtors' application to retain Cole Schotz P.C. as Delaware co-counsel [Docket No. 239]. Reilley states that a conflicts search of additional Parties in Interest shows Mitsubishi HC Capital American Inc, f/k/a Hitachi Capital, is a former client of Cole Schotz and Berkeley Research Group, a committee professional, is a current client. The declaration states that these representations are unrelated to the Debtors and the chapter 11 cases. Reilley continues to believe that Cole Schotz is a "disinterested person" within the meaning of section 101(14) of the Bankruptcy Code. The declaration carries /s/ Patrick J. Reilley, dated the 8th day of August, 2024.

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
2024-07-09

Cite this document

“Supplemental Declaration of Patrick J. Reilley, Retention of Cole Schotz P.C. (Vyaire Medical, Doc 354).” Original at ecf.deb.uscourts.gov, dated 2024-07-09. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2024-07-09-microsoft-word-vyaire-supplemental-disclosure-48171815-2-003-docx/, SHA-256 6859595013541c7ee6bdc31088edb3b2f7bd9fc8082b27589dab3e8cd8af7de4.

Full text

                 Case 24-11217-BLS              Doc 354       Filed 08/08/24         Page 1 of 3




                          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. 239

      SUPPLEMENTAL DECLARATION OF PATRICK J. REILLEY IN SUPPORT
    OF DEBTORS’ APPLICATION FOR ENTRY OF AN ORDER AUTHORIZING THE
      RETENTION AND EMPLOYMENT OF COLE SCHOTZ P.C. AS DELAWARE
     CO-COUNSEL FOR THE DEBTORS EFFECTIVE AS OF THE PETITION DATE

         Patrick J. Reilley, hereby declares, pursuant to 28 U.S.C. § 1746, as follows:

         1.       I am a member of the law firm of Cole Schotz P.C. (“Cole Schotz”), which

maintains offices for the practice of law at 500 Delaware Avenue, Suite 1410, Wilmington,

Delaware 19801. Cole Schotz also maintains offices in Baltimore, Maryland; Boca Raton, Florida;

Dallas, Texas; Fort Worth, Texas; Hackensack, New Jersey; and New York, New York.

         2.       I am duly authorized to make this supplemental declaration (the “Supplemental

Declaration”) on behalf of Cole Schotz in support of the Application for Entry of an Order

Authorizing the Retention and Employment of Cole Schotz P.C. as Delaware Co-Counsel for the

Debtors Effective as of the Petition Date [Docket No. 239] (the “Application”).2

         3.       On July 9, 2024, the Debtors filed the Application, together with, among other

things, the Declaration of Patrick J. Reilley in Support of Debtors’ Application for Entry of an


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 defined herein shall have the meanings ascribed to such terms in the Application.
                Case 24-11217-BLS              Doc 354       Filed 08/08/24         Page 2 of 3




Order Authorizing the Retention and Employment of Cole Schotz P.C. as Delaware Co-Counsel

for the Debtors Effective as of the Petition Date, which is attached to the Application as Exhibit B

(the “Reilley Declaration”).

        4.       I submit this Supplemental Declaration in accordance with sections 327, 328 and

330 of the Bankruptcy Code, Bankruptcy Rules 2014 and 2016, Local Rules 2014-1 and 2016-1

and the Reilley Declaration.3 Except as otherwise noted, I have personal knowledge of the matters

set forth herein.

        5.       Additional parties have been identified as Potential Parties in Interest in these

chapter 11 cases.

        6.       A conflicts search of the additional Parties in Interest indicates that (i) Mitsubishi

HC Capital American Inc, f/k/a Hitachi Capital, a material contract counterparty, is a former client

of Cole Schotz and (ii) Berkeley Research Group, a committee professional, is a current client of

Cole Schotz. These representations are unrelated to the Debtors and the chapter 11 cases.

        7.       To the best of my knowledge, information and belief, I continue to believe that Cole

Schotz neither holds nor represents any interest adverse the Debtors, their creditors or other parties

in interest in connection with these Chapter 11 Cases. Based upon information available to me, I

believe that Cole Schotz is a “disinterested person” within the meaning of section 101(14) of the

Bankruptcy Code.




3   See Reilley Declaration ¶ 16 (“To the extent Cole Schotz discovers any facts or additional information during the
    period of Cole Schotz’s retention that requires disclosure, Cole Schotz will file with the Court a supplement to
    this Declaration to disclose such information.”).



                                                         2
                Case 24-11217-BLS     Doc 354      Filed 08/08/24     Page 3 of 3




      I declare under penalty of perjury that the foregoing is true and correct on this 8th day of

August, 2024.


                                                   /s/ Patrick J. Reilley
                                                   Patrick J. Reilley




                                               3


File and source

File
gov.uscourts.deb.193283.354.0.pdf
Size
46,397 bytes
SHA-256
6859595013541c7ee6bdc31088edb3b2f7bd9fc8082b27589dab3e8cd8af7de4
Our copy
gov.uscourts.deb.193283.354.0.pdf
Original
PACER (login required)
Back to top