Declaration of Disinterestedness of Fragomen, Del Rey

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Declaration of Disinterestedness of Fragomen, Del Rey, Bernsen & Loewy, LLP in the Vyaire Medical, Inc. chapter 11 case, Case No. 24-11217 (BLS), Re: Docket No. 225, pursuant to the order authorizing the Debtors to retain and compensate professionals utilized in the ordinary course of business. Jennifer O'Brien, an Associate General Counsel of the firm, declares that the Debtors requested legal immigration services and that the Debtors owe the firm approximately $24,000 for prepetition services. The declaration states that the firm was retained in or around July 2016 and does not hold or represent an interest adverse to the Debtors or the estates, insofar as the declarant has been able to ascertain. It is dated August 8, 2024.

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IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE

)
Chapter 11
Case No. 24-11217 (BLS)
(Jointly Administered)
Re:  Docket No. 225
In re:
)
)
VYAIRE MEDICAL, INC., et al.,1
)
)
Debtors.
)

 )

DECLARATION OF DISINTERESTEDNESS OF FRAGOMEN, DEL REY,
BERNSEN & LOEWY, LLP PURSUANT TO THE ORDER
AUTHORIZING THE DEBTORS TO RETAIN AND COMPENSATE
PROFESSIONALS UTILIZED IN THE ORDINARY COURSE OF BUSINESS

I, Jennifer O’Brien, declare under penalty of perjury:

1.
I am an Associate General Counsel of Fragomen, Del Rey, Bernsen & Loewy, LLP,
with offices located at 5355 Mira Sorrento Place, Suite 750, San Diego, CA 92121  (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 immigration
services to the Debtors, 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 26125 North Riverwoods Boulevard, Mettawa, Illinois, USA 60045.
Case 24-11217-BLS    Doc 361    Filed 08/08/24    Page 1 of 3

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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 principal 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 approximately $24,000 for prepetition services, 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. The Firm
was retained in or around July 2016.
9.
As of the Petition Date, which was the date on which the Debtors commenced these
chapter 11 cases, 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.
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Pursuant to 28 U.S.C. § 1746, I declare under penalty of perjury that the foregoing is true
and correct.
Date: August 8, 2024

 Jennifer O’Brien

Case 24-11217-BLS    Doc 361    Filed 08/08/24    Page 3 of 3

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