Declaration Of Disinterestedness
- Date
- 2024-08-08
Summary
A declaration of disinterestedness of Morgan, Lewis & Bockius LLP, filed August 8, 2024 as Doc 364 in In re Vyaire Medical, Inc., et al., Case No. 24-11217 (BLS), jointly administered Chapter 11 cases in the United States Bankruptcy Court for the District of Delaware. It is made by a partner of the firm under the order authorizing the debtors to retain and compensate professionals used in the ordinary course of business, and relates to Docket No. 225. The declarant states that the debtors asked the firm to provide legal services on intellectual property matters and patent prosecution, and that, insofar as the declarant has been able to ascertain, the firm holds no interest adverse to the debtors on those matters. It states that the debtors owe the firm $309,268.76 for prepetition services and costs, subject to 11 U.S.C. §§ 101–1532. The declaration is made under 28 U.S.C. § 1746.
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Full text
Case 24-11217-BLS Doc 364 Filed 08/08/24 Page 1 of 4
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE
) Chapter 11
In re: )
) Case No. 24-11217 (BLS)
VYAIRE MEDICAL, INC., et al.,1 )
) (Jointly Administered)
Debtors. )
) Re: Docket No. 225
DECLARATION OF DISINTERESTEDNESS
OF MORGAN, LEWIS & BOCKIUS LLP
PURSUANT TO THE ORDER
AUTHORIZING THE DEBTORS TO RETAIN AND COMPENSATE
PROFESSIONALS UTILIZED IN THE ORDINARY COURSE OF BUSINESS
I, M. Todd Hales, declare under penalty of perjury:
1. I am a partner of Morgan, Lewis & Bockius LLP, located at 600 Anton
Boulevard, Suite 1800, Costa Mesa, CA 92626 (the “Firm”).
2. Vyaire Medical, Inc. and certain of its affiliates, as debtors and debtors in
possession (collectively, the “Debtors”), have requested that the Firm provide legal services to
the Debtors in connection with intellectual property matters and patent prosecution, and the Firm
has consented to provide such services.
3. The Firm may have performed services in the past, may currently perform services,
and may perform services in the future in matters unrelated to these chapter 11 cases for persons
that are parties in interest in the Debtors’ chapter 11 cases. The Firm does not, however, perform
services for any such person relating to these chapter 11 cases, or have any relationship with any
such person, their attorneys, or their accountants that would be adverse to the Debtors or their
estates.
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
Case 24-11217-BLS Doc 364 Filed 08/08/24 Page 2 of 4
26125 North Riverwoods Boulevard, Mettawa, Illinois, USA 60045.
Case 24-11217-BLS Doc 364 Filed 08/08/24 Page 3 of 4
4. As part of its customary practice, the Firm is retained in cases, proceedings, and
transactions involving many different parties, some of whom may represent or be employed by the
Debtors, claimants, and parties in interest in these chapter 11 cases.
5. Neither I nor any principal, partner, director, or officer of, or professional employed
by, the Firm has agreed to share or will share any portion of the compensation to be received from
the Debtors with any other person other than the partners and regular employees of the Firm.
6. Neither I nor any principal, partner, director, or officer of, or professional employed
by, the Firm, insofar as I have been able to ascertain, holds or represents any interest adverse to
the Debtors or their estates with respect to the matter(s) upon which the Firm is to be employed.
7. The Debtors owe the Firm $309,268.76 for prepetition services and costs, the
payment of which is subject to the limitations contained in title 11 of the United States Code, 11
U.S.C. §§ 101–1532.
8. As of the Petition Date, which was the date on which the Debtors commenced these
chapter 11 cases, the Firm was retained to provide professional services to the Debtors.
9. As of the Petition Date, the Firm was not party to an agreement for indemnification
with certain of the Debtors.
10. The Firm is conducting further inquiries regarding its retention by any creditors of
the Debtors, and upon conclusion of that inquiry, or at any time during the period of its
employment, if the Firm should discover any facts bearing on the matters described herein, the
Firm will supplement the information contained in this Declaration.
2
Case 24-11217-BLS Doc 364 Filed 08/08/24 Page 4 of 4
Pursuant to 28 U.S.C. § 1746, I declare under penalty of perjury that the foregoing is true
and correct.
Date: August 8, 2024
Costa Mesa, California
/s/ M. Todd Hales
M. Todd Hales
3
File and source
- File
- gov.uscourts.deb.193283.364.0.pdf
- Size
- 148,581 bytes
- SHA-256
- 4bfc2d2d2180e42a694845e15b99e9840b0f294aa782ad91407f15b048f531da
- Original
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