Vyaire - Motion to Exceed Confirmation Brief Page Limit
- Date
- 2024-11-12
Summary
A motion filed November 12, 2024 as Doc 724 by the debtors in In re Vyaire Medical, Inc., et al., Case No. 24-11217 (BLS), a jointly administered Chapter 11 case in the U.S. Bankruptcy Court for the District of Delaware. The debtors ask for an order authorizing them to exceed the page limit of Local Rule 3017-3 for their Confirmation Brief, filed as Docket No. 722. The motion states the brief is approximately 66 pages, against the rule's sixty-page limit, and incorporates resolutions reached with the U.S. Trustee, the Official Committee of Unsecured Creditors and other parties. It recites the case background, including the June 9, 2024 petition date, the Second Amended Joint Chapter 11 Plan at Docket No. 719, and a confirmation hearing set for November 14, 2024. The five-page motion is signed by co-counsel Cole Schotz P.C. and Kirkland & Ellis LLP.
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Full text
Case 24-11217-BLS Doc 724 Filed 11/12/24 Page 1 of 5
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. 722
MOTION OF DEBTORS FOR ENTRY OF AN
ORDER AUTHORIZING THE DEBTORS TO EXCEED THE PAGE LIMIT
REQUIREMENT WITH RESPECT TO THE DEBTORS’ CONFIRMATION BRIEF
The above-captioned debtors and debtors in possession (collectively, the “Debtors and,
each, a “Debtor”), state as follows in support of this motion (the “Motion”).2
Relief Requested
1. The Debtors seek entry of an order, substantially in the form attached hereto as
Exhibit A (the “Proposed Order”), authorizing the Debtors to exceed the page limit requirements
established by Rule 3017-3 of the Local Rules of Practice and Procedure of the United States
Bankrutpcy Court for the District of Delaware (the “Local Rules”) with respect to the Debtors’
Memorandum of Law in Support of an Order (I) Approving the Debtors’ Disclosure Statement on
a Final Basis and (II) Confirming the Debtors’ Joint Chapter 11 Plan [Docket No. 722] (the
“Confirmation Brief”).
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
A detailed description of the Debtors and their business, including the facts and circumstances giving rise
to the Debtors’ chapter 11 cases, is set forth in the Declaration of John Bibb, Group Chief Executive Officer of
Vyaire Medical, Inc., in Support of Debtors’ Chapter 11 Petitions and First Day Motions [Docket No. 15]
(the “First Day Declaration”).
Case 24-11217-BLS Doc 724 Filed 11/12/24 Page 2 of 5
Jurisdiction and Venue
2. 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 United States Bankruptcy
Court for the District of Delaware (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, 2012. The Debtors confirm their consent, pursuant to Local Rule 9013-1(f), to the
entry of a final order by the Court in connection with this Motion to the extent that it is later
determined that the Court, absent consent of the parties, cannot enter final orders or judgments in
connection herewith consistent with Article III of the United States Constitution.
3. Venue is proper pursuant to 28 U.S.C. §§ 1408 and 1409.
4. The Local Rule that provides the basis for the relief requested herein is Local Rule
1001-1(c).
Background
5. On June 9, 2024 (the “Petition Date”), Vyaire Medical, Inc. and certain of its
subsidiaries filed voluntary petitions for relief under chapter 11 of the Bankruptcy Code. The
Debtors are operating their business and managing their property as debtors in possession pursuant
to sections 1107(a) and 1108 of the Bankruptcy Code. On June 11, 2024, the Court entered an order
authorizing the procedural consolidation and joint administration of these chapter 11 cases pursuant
to Bankruptcy Rule 1015(b) and Local Rule 1015-1. See Docket No. 84. No request for the
appointment of a trustee or examiner has been made in these chapter 11 cases.
6. On June 26, 2024, the Office of the United States Trustee for the District of
Delaware (the “U.S. Trustee”) appointed the Official Committee of Unsecured Creditors
(the “Committee”). See Docket No. 121.
2
Case 24-11217-BLS Doc 724 Filed 11/12/24 Page 3 of 5
7. On September 30, 2024, the Debtors filed the amended Joint Chapter 11 Plan of
Vyaire Medical, Inc. and its Debtor Affiliates [Docket No. 581].
8. On November 11, 2024, the Debtors filed the Second Amended Joint Chapter 11
Plan of Vyaire Medical, Inc. and its Debtor Affiliates [Docket No. 719] (as may be amended,
modified or supplemented from time to time, the “Plan”).
9. A hearing to consider confirmation of the Plan is scheduled to be held on November
14, 2024 at 10:00 a.m. (prevailing Eastern Time) (the “Confirmation Hearing”).
10. The Debtors have received one objection to confirmation of the Plan from the U.S.
Trustee [Docket No. 705] (the “U.S. Trustee Objection”) and various other informal comments to
the Plan from parties in interest in these chapter 11 cases.
11. In connection with the Plan, on November 11, 2024, the Debtors filed the
Confirmation Brief. The Confirmation Brief is approximately 66 pages (exclusive of any tables,
exhibits, addenda or other supporting materials in accordance with Local Rule 3017-3) and not only
provides affirmative arguments in support of the Plan, but also incorporates the resolutions reached
with the U.S. Trustee, the Committee and various other parties in interest who provided informal
comments on the Plan.
Basis for Relief
12. Local Rule 3017-3 provides, in relevant part, that “[i]n all chapter 11 cases, without
leave of the Court[] . . . no brief in support of approval of a disclosure statement or confirmation
of a plan . . . shall exceed sixty (60) pages (exclusive of any tables, exhibits, addenda or other
supporting materials).” DEL. BANKR. L.R. 3017-3. Additionally, Local Rule 1001-1(c) provides
that the Local Rules “may be modified by the Court in the interest of justice.” DEL. BANKR. L.R.
3
Case 24-11217-BLS Doc 724 Filed 11/12/24 Page 4 of 5
1001-1(c). Accordingly, briefs such as the Confirmation Brief may exceed the applicable page
limit requirements with leave of the Court.
13. The Debtors respectfully submit that their request to exceed the page limitation set
forth in Local Rule 3017-3 is reasonable and appropriate under the circumstances. The
Confirmation Brief describes in detail the Plan and the requirements for confirmation, which
incorporate the resolutions reached with the U.S. Trustee, the Committee and various other parties
in interest who provided informal comments on the Plan. While the Debtors have made the
Confirmation Brief as succinct as possible under the circumstances, they cannot provide the Court
with the information necessary for a full and fair adjudication of the matters presented without
exceeding the page limits established by Local Rule 3017-3. Accordingly, the Debtors submit that
there is more than ample justification for the relief requested herein.
Notice
14. The Debtors will provide notice of this Motion to: (a) the U.S. Trustee; (b) counsel to
the Committee; (c) counsel to the 1L Ad Hoc Group; (d) the agent of the DIP Facility and counsel
thereto; (e) the agent of the First Lien Credit Agreement and counsel thereto; (f) the Second Lien
Credit Agreement Agent and counsel thereto; (g) the agent of the First Lien Notes and counsel
thereto; and (h) any party that has requested notice pursuant to Bankruptcy Rule 2002. The
Debtors submit that, in light of the nature of the relief requested, no other or further notice need
be given.
WHEREFORE, the Debtors respectfully request entry of the Proposed Order, substantially
in the form attached hereto as Exhibit A, granting the relief requested herein.
4
Case 24-11217-BLS Doc 724 Filed 11/12/24 Page 5 of 5
Dated: November 12, 2024
Wilmington, Delaware
/s/ Patrick J. Reilley
COLE SCHOTZ P.C. KIRKLAND & ELLIS LLP
Patrick J. Reilley (No. 4451) KIRKLAND & ELLIS INTERNATIONAL LLP
500 Delaware Avenue, Suite 1410 Joshua A. Sussberg, P.C. (admitted pro hac vice)
Wilmington, Delaware 19801 601 Lexington Ave
Telephone: (302) 652-3131 New York, New York 10022
Facsimile: (302) 652-3117 Telephone: (212) 446-4800
Email: preilley@coleschotz.com Facsimile: (212) 446-4900
Email: joshua.sussberg@kirkland.com
- and -
- and -
Michael D. Sirota, Esq. (admitted pro hac vice)
Warren A. Usatine, Esq (admitted pro hac vice) Spencer A. Winters, P.C. (admitted pro hac vice)
Court Plaza North, 25 Main Street Yusuf U. Salloum (admitted pro hac vice))
Hackensack, New Jersey 07601 333 West Wolf Point Plaza
Telephone: (201) 489-3000 Chicago, Illinois 60654
Facsimile: (201) 489-1536 Telephone: (312) 862-2000
Email: msirota@coleschotz.com Facsimile: (312) 862-2200
wusatine@coleschotz.com Email: spencer.winters@kirkland.com
yusuf.salloum@kirkland.com
Co-Counsel to the Debtors Co-Counsel to the Debtors
and Debtors in Possession and Debtors in Possession
5
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