VYR - Littler OCP Declaration of Disinterestedness Proposed Filing Version

Summary

Declaration of Disinterestedness of Littler Mendelson, P.C., Case 24-11217-BLS Doc 378, filed 08/13/24, made under penalty of perjury by Whitney Ferrer, a shareholder in Littler Mendelson. The Debtors requested that the Firm provide employment and labor law services, and the declaration states that the Debtors owe the Firm $2,849 for prepetition services and that the Firm has waived, or will waive, any prepetition claims against the Debtors' estates. It states that the Firm was retained on or around December 13, 2023 and, as of the Petition Date, was not party to an agreement for indemnification with certain of the Debtors. It also says the Firm is conducting further inquiries regarding the Firm's retention by any creditors of the Debtors. The signature line reads WHITNEY FERRER.

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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 LITTLER MENDELSON, P.C.
PURSUANT TO THE ORDER
AUTHORIZING THE DEBTORS TO RETAIN AND COMPENSATE
PROFESSIONALS UTILIZED IN THE ORDINARY COURSE OF BUSINESS
I, Whitney Ferrer, declare under penalty of perjury:
1.
I am a shareholder in Littler Mendelson, P.C. (the “Firm.”)  My office is located at
3424 Peachtree Road NE, Suite 1200, Monarch Tower, Atlanta, Georgia 30326.
2.
Vyaire Medical, Inc. and certain of its affiliates, as debtors and debtors in
possession (collectively, the “Debtors”), have requested that the Firm provide employment and
labor law 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 378    Filed 08/13/24    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 $2,849 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. The Firm has waived, or will waive, any prepetition claims against the Debtors’ estates.
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 on or around December 13, 2023.
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.
Case 24-11217-BLS    Doc 378    Filed 08/13/24    Page 2 of 3

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Pursuant to 28 U.S.C. § 1746, I declare under penalty of perjury that the foregoing is true
and correct.
Dated:  August 13, 2024
WHITNEY FERRER
Case 24-11217-BLS    Doc 378    Filed 08/13/24    Page 3 of 3

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