Declaration Of David M. Klauder, Esq. In Support Of Application To

Summary

David M. Klauder, Esquire, the Fee Examiner, declares in support of the application to employ and retain Bielli & Klauder, LLC as counsel for the Fee Examiner, nunc pro tunc to October 30, 2024. The declaration states that on June 9, 2024, the Debtors each filed a voluntary petition under chapter 11 and that on October 30, 2024, Klauder was appointed as the Fee Examiner. A chart compares proposed billing rates with rates worked and billed in 2024, showing Members at $460.00 billed and $490.00 proposed, and a total blended rate of $316.00 billed and $322.00 proposed. The declaration is dated November 19, 2024, and bears the /s/ signature of Klauder.

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Exhibit A
Case 24-11217-BLS    Doc 755-1    Filed 11/19/24    Page 1 of 3

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.
)
DECLARATION OF DAVID M. KLAUDER, ESQ. IN SUPPORT OF APPLICATION TO
EMPLOY AND RETAIN BIELLI & KLAUDER, LLC AS COUNSEL FOR THE FEE
EXAMINER, DAVID M. KLAUDER, NUNC PRO TUNC TO OCTOBER 30, 2024
In accordance with Bankruptcy Rule 2014 and the Guidelines for Reviewing Applications
for Compensation and Reimbursement of Expenses Filed Under United States Code by Attorneys
in Larger Chapter 11 Cases, I, David M. Klauder, Esquire (“Fee Examiner”), hereby state as
follows:
1.
I am an attorney and counselor at law, admitted to practice in the State of Delaware
and in this Court.
2.
I am a partner at the law firm of Bielli & Klauder, LLC, 1204 N. King Street,
Wilmington, Delaware 19801.
3.
On June 9, 2024, the Debtors each filed a voluntary petition of relief under chapter
11 the Bankruptcy Code in this Court.
4.
On October 30, 2024, I was appointed as the Fee Examiner for this case.
5.
As a member of this profession and former counsel to the United States Trustee, I
relied upon my knowledge and experience to ensure that BK’s billing rates and material terms for
the engagement are comparable to its billing rates and terms for other non-bankruptcy engagements
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 755-1    Filed 11/19/24    Page 2 of 3

2

and to the billing rates and terms of other comparably skilled professionals.  Additionally, BK has
prepared the following chart comparing its proposed billing rates to those billed for the period from
January 1, 2024 through the current date.
Timekeeper Category
Blended Hourly Rate
Worked and Billed in
2024 (excluding
Restructuring lawyers)
Proposed in the
Retention
Application
Members
$460.00
$490.00
Associates and of Counsel
$225.00-$425.00
$225.00-$425.00
Paraprofessionals and law
clerks

$195.00 - $275.00

$195.00-$275.00
Total Blended Rate
$316.00
$322.00

6.
I only interviewed BK prior to filing the Retention Application.
7.
To supervise BK’s fees and expenses and to manage costs, I have set aside time
each month to review the invoices provided to me so that any entries for which BK is not entitled
to be compensated can be addressed before any application for compensation is filed by BK in this
matter.
8.
Additionally, to manage the costs in this matter, I have requested that BK delegate
matters to less expensive counsel, as appropriate.

I declare under penalty of perjury that the foregoing is true and correct to the best of my
knowledge, information and belief.

Dated: November 19, 2024

/s/ David M. Klauder

David M. Klauder (No. 5769)

Case 24-11217-BLS    Doc 755-1    Filed 11/19/24    Page 3 of 3

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