Order (I) Setting Bar Dates for Filing Proofs of Claim, Including Under Section 503(b)(9) (Doc 227)

Summary

An order setting bar dates for filing proofs of claim, including under section 503(b)(9) of the Bankruptcy Code, filed July 9, 2024 as Doc 227 in In re Vyaire Medical, Inc., et al., Case No. 24-11217 (BLS), in the U.S. Bankruptcy Court for the District of Delaware, Re: Docket No. 116. The order grants the Motion and approves the Proof of Claim Form. It sets a General Bar Date of August 2, 2024 for all proofs of claim, except those of governmental units and certain other exceptions, and a Governmental Bar Date of December 9, 2024. The order is dated July 9th, 2024 and carries the name of United States Bankruptcy Judge Brendan L. Shannon.

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Full text

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 District of Delaware, dated February 29,

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.
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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:

The Motion is granted as set forth herein.
I.
The Proof of Claim Form

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

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

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
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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 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

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/.
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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”).

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

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
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
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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

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;
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
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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
 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.

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).
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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
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:

6
Proofs of claim submitted by hard copy may not be electronically signed unless otherwise agreed to in advance
by the Debtors.
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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

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

The Bar Date Notice, substantially in the form attached hereto as Exhibit 2 is
approved.

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:
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;
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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;
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.

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
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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.

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.
B.
Publication of Bar Date Notice

The Publication Notice, substantially in the form attached hereto as Exhibit 3, is
approved.

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
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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.

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

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.

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
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

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
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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 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
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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.

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.

The Debtors are authorized to take all actions necessary to effectuate the relief
granted in this Bar Date Order in accordance with the Motion.

Notwithstanding Bankruptcy Rule 6004(h), the terms and conditions of this Bar
Date Order are immediately effective and enforceable upon its entry.

This Court retains jurisdiction with respect to all matters arising from or related to
the implementation, interpretation, and enforcement of this Bar Date Order.
BRENDAN L. SHANNON
UNITED STATES BANKRUPTCY JUDGE
Dated: July 9th, 2024
Wilmington, Delaware
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