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IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE
)
In re:
)
Chapter 11
)
VYAIRE MEDICAL, INC.,1
)
Case No. 24-11217 (BLS)
)
Liquidating Debtor.
)
)
NOTICE OF AGENDA OF MATTERS SCHEDULED
FOR HEARING ON MARCH 5, 2025 AT 10:30 A.M. (PREVAILING
EASTERN TIME) BEFORE THE HONORABLE BRENDAN L. SHANNON
AS NO MATTERS ARE GOING FORWARD, AT
THE COURT’S DIRECTION, THE HEARING IS CANCELLED.
This hearing will be conducted in-person.
Please refer to Judge Shannon’s
Chambers Procedures (available here) and the Court’s website
(https://www.deb.uscourts.gov/ecourt-appearances) for information
on the method of allowed participation (video or audio), Judge Shannon’s
expectations of remote participants, and the advance registration requirements.
Registration is required 4:00 p.m. (prevailing Eastern Time) the business day before the hearing
unless otherwise noticed using the eCourtAppearances tool available on the Court’s website.
RESOLVED MATTERS
1.
Plan Administrator’s First Motion to Extend the Administrative Claims Objection
Deadline (Filed January 24, 2025) [Docket No. 971]
Related Document(s):
(a)
Order Approving Motion to Extend the Administrative Claims
Objection Deadline (Entered February 11, 2025) [Docket No. 987]
1
This chapter 11 case is now being administered by the Plan Administrator pursuant to the terms of the Findings
of Fact, Conclusions of Law, and Order Approving the Debtors’ Disclosure Statement for, and Confirming the
Second Amended Joint Chapter 11 Plan of Vyaire Medical, Inc. and Its Debtor Affiliates Pursuant to Chapter 11
of the Bankruptcy Code [Docket No. 745]. The Plan Administrator’s mailing address is Vyaire Medical, Inc.,
Attn: David M. Barse, Plan Administrator, c/o Cole Schotz P.C., 500 Delaware Avenue, Suite 1410, Wilmington,
DE 19801.
Case 24-11217-BLS Doc 1004 Filed 03/03/25 Page 1 of 4
2
Objection Deadline: February 7, 2025, at 4:00 p.m. (prevailing Eastern Time)
Response(s) Received: None
Status:
An order has been entered regarding this matter. No hearing is necessary.
2.
The Plan Administrator’s First Omnibus Objection (Substantive) to Certain Section
503(b)(9) Claims (Assumed Claims, Non-Statutory Period Claims, Non-Goods Claims,
Books and Record Claims) (Filed January 27, 2025) [Docket No. 976]
Related Document(s):
(a)
Notice of Submission of Proof of Claim for the Plan Administrator’s
First Omnibus Objection (Substantive) to Certain Section 503(b)(9)
Claims (Assumed Claims, Non-Statutory Period Claims, Non-Goods
Claims, Books and Record Claims) (Filed February 19, 2025)
[Docket No. 990]
(b)
Certificate of No Objection Regarding the Plan Administrator’s First
Omnibus Objection (Substantive) to Certain Section 503(b)(9) Claims
(Assumed Claims, Non-Statutory Period Claims, Non-Goods Claims,
Books and Record Claims) (Filed January 27, 2025) [Docket No. 998]
(c)
Order Granting and Sustaining Plan Administrator’s First Omnibus
Objection (Substantive) to Certain Section 503(b)(9) Claims
(Entered February 28, 2025) [Docket No. 1001]
Objection Deadline: February 26, 2025, at 4:00 p.m. (prevailing Eastern Time)
Response(s) Received:
None
Status:
An order has been entered regarding this matter. No hearing is necessary.
3.
The Plan Administrator’s Second Omnibus Objection (Non-Substantive) to Certain
Claims (Amended/Superseded and Late Filed) (Filed January 27, 2025) [Docket No.
977]
Related Document(s):
(a)
Notice of Submission of Proof of Claims for the Plan Administrator’s
Second Omnibus Objection (Non-Substantive) to Certain Claims
(Amended/Superseded and Late Filed) (Filed February 19, 2025)
[Docket No. 993]
(b)
Certificate of No Objection Regarding the Plan Administrator’s Second
Omnibus
Objection
(Non-Substantive)
to
Certain
Claims
(Amended/Superseded and Late Filed) (Filed February 27, 2025)
[Docket No. 999]
Case 24-11217-BLS Doc 1004 Filed 03/03/25 Page 2 of 4
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(c)
Order Granting and Sustaining Plan Administrator’s Second Omnibus
Objection (Non-Substantive) to Certain Claims (Entered February 28,
2025) [Docket No. 1002]
Objection Deadline: February 26, 2025, at 4:00 p.m. (prevailing Eastern Time)
Response(s) Received:
None
Status:
An order has been entered regarding this matter. No hearing is necessary.
FEE APPLICATION MATTER2
4.
Final Fee Applications
Related Documents:
(a)
The index for the Final Fee Applications is attached as
Exhibit A
(b)
Fee Examiner’s Final Report Pertaining to Second Interim and Final Fee
Applications of Certain Retained Professionals (Filed February 25,
2025) [Docket No. 994]
Objection Deadline: February 5, 2025, at 4:00 p.m. (prevailing Eastern Time)
Response(s) Received:
(a)
Informal comments from the U.S. Trustee
Status:
The Debtors submitted a proposed final fee order under certification of
counsel. No hearing is necessary unless the Court has questions.
[Remainder of Page Intentionally Left Blank]
2
Please note that final fee application binders were submitted to the Bankruptcy Court on February 19, 2025.
Case 24-11217-BLS Doc 1004 Filed 03/03/25 Page 3 of 4
4
Dated: March 3, 2025
Wilmington, Delaware
/s/ Patrick J. Reilley
COLE SCHOTZ P.C.
KIRKLAND & ELLIS LLP
Patrick J. Reilley (No. 4451)
KIRKLAND & ELLIS INTERNATIONAL LLP
Stacy L. Newman (No. 5044)
Joshua A. Sussberg, P.C. (admitted pro hac vice)
500 Delaware Avenue, Suite 1410
601 Lexington Ave
Wilmington, Delaware 19801
New York, New York 10022
Telephone:
(302) 652-3131
Telephone:
(212) 446-4800
Facsimile:
(302) 652-3117
Facsimile:
(212) 446-4900
Email:
preilley@coleschotz.com
Email:
joshua.sussberg@kirkland.com
snewman@coleschotz.com
- and -
- and -
Michael D. Sirota, Esq. (admitted pro hac vice)
Spencer A. Winters, P.C. (admitted pro hac vice)
Warren A. Usatine, Esq (admitted pro hac vice)
Yusuf U. Salloum (admitted pro hac vice)
Court Plaza North, 25 Main Street
333 West Wolf Point Plaza
Hackensack, New Jersey 07601
Chicago, Illinois 60654
Telephone:
(201) 489-3000
Telephone:
(312) 862-2000
Facsimile:
(201) 489-1536
Facsimile:
(312) 862-2200
Email:
msirota@coleschotz.com
Email:
spencer.winters@kirkland.com
wusatine@coleschotz.com
yusuf.salloum@kirkland.com
Co-Counsel to the Debtors
Co-Counsel to the Debtors
Case 24-11217-BLS Doc 1004 Filed 03/03/25 Page 4 of 4