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
- Original
- PACER (login required)