Order Enlarging Period to Remove Actions — In re Vyaire Medical, Inc. (Bankr. D. Del.)
- Date
- 2025-01-06
Summary
An Order (I) Enlarging the Period Within Which the Debtors May Remove Actions and (II) Granting Related Relief, filed September 20, 2024 as Doc 535 in In re Vyaire Medical, Inc., et al., Case No. 24-11217 (BLS), jointly administered Chapter 11 cases in the U.S. Bankruptcy Court for the District of Delaware, re Docket No. 495. Signed by United States Bankruptcy Judge Brendan L. Shannon, the order grants the debtors' motion. It enlarges the period to seek removal of actions under 28 U.S.C. § 1452 and Bankruptcy Rule 9027 by 120 days, with a deadline of January 6, 2025 for filing notices of removal. It is without prejudice to further extension requests and to the debtors' positions on whether section 362 of the Bankruptcy Code stays any action. The order is three pages.
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Full text
Case 24-11217-BLS Doc 535 Filed 09/20/24 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. ) (Jointly Administered)
)
) Re: Docket No. 495
ORDER (I) ENLARGING THE PERIOD WITHIN WHICH THE
DEBTORS MAY REMOVE ACTIONS AND (II) GRANTING RELATED RELIEF
Upon the motion (the “Motion”)2 of the above-captioned debtors and debtors in possession
(collectively, the “Debtors”) for entry of an order (this “Order”) (a) enlarging the Removal Period for
filing notices of removal of the Actions by 120 days, up to and including January 6, 2025, without
prejudice to the Debtors’ right to seek further extensions; and (b) granting related relief; all as set forth
more fully in the Motion; and 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 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; and this Court having found that this
is a core proceeding pursuant to 28 U.S.C. § 157(b)(2); and this Court having found that this Court
may enter a final order consistent with Article III of the United States Constitution; and this Court
having found that venue of this proceeding and the Motion in this district is proper pursuant to 28
U.S.C. §§ 1408 and 1409; and this Court having found that the relief requested in the Motion is in
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
Capitalized terms used but not otherwise defined herein have the meanings given to such terms in the Motion.
Case 24-11217-BLS Doc 535 Filed 09/20/24 Page 2 of 3
the best interests of the Debtors’ estates, their creditors and other parties in interest; and this Court
having found that the Debtors’ notice of the Motion and opportunity for a hearing on the Motion
were appropriate under the circumstances and no other notice need be provided; and this Court
having reviewed the Motion and having heard the statements in support of the relief requested
therein at a hearing before this Court (the “Hearing”); and this Court having determined that the
legal and factual bases set forth in the Motion and at the Hearing establish just cause for the relief
granted herein; and upon all of the proceedings had before this Court; and after due deliberation
and sufficient cause appearing therefor, it is HEREBY ORDERED THAT:
1. The Motion is granted as set forth herein.
2. The time period within which the Debtors may seek removal of the Actions
pursuant to 28 U.S.C. § 1452 and Bankruptcy Rule 9027 is enlarged by 120 days, with a deadline
for filing notices of removal on or before January 6, 2025.
3. This Order is without prejudice to the Debtors’ right to request a further extension
of time to file notices of removal of any or all of the Actions.
4. This Order shall be without prejudice to any position the Debtors may take
regarding whether section 362 of the Bankruptcy Code applies to stay any Action.
5. Notice of the Motion as provided herein shall be deemed good and sufficient
notice of such Motion and the requirements of Bankruptcy Rules and the Local Rules are satisfied
by such notice.
2
Case 24-11217-BLS Doc 535 Filed 09/20/24 Page 3 of 3
6. The Debtors are authorized to take all actions necessary to effectuate the relief
granted in this Order in accordance with the Motion.
7. This Court retains jurisdiction with respect to all matters arising from or related
to the implementation, interpretation and enforcement of this Order.
Dated: September 20th, 2024 BRENDAN L. SHANNON
Wilmington, Delaware UNITED STATES BANKRUPTCY JUDGE
3
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- gov.uscourts.deb.193283.535.0.pdf
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- 90,372 bytes
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- 424a7b7b91e2f8b15c3ba46d66d62871fdc84324d7208eb11f97890c8249bb73
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