Vyaire - First Substantive Omnibus Claims Objection to 503b9 Claims
- Date
- 2025-01-27
Summary
Exhibit A, a proposed order, filed January 27, 2025 as Doc 976-2 in In re Vyaire Medical, Inc., et al., Case No. 24-11217 (BLS), the Chapter 11 cases in the U.S. Bankruptcy Court for the District of Delaware. The proposed order would grant the plan administrator's first omnibus objection (substantive) to certain section 503(b)(9) claims. It disallows and expunges or reduces the assumed claims on Schedule 1 and reclassifies the claims on Schedule 2 as non-statutory period claims, Schedule 3 as non-goods claims and Schedule 4 as books and records claims. Each schedule lists the claimant, the debtor, the claim number and the amounts by classification before and after modification, with reasons such as goods not received within 20 days of the bankruptcy filing. It also states that each objection is a separate contested matter under Bankruptcy Rule 9014.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Full text
Case 24-11217-BLS Doc 976-2 Filed 01/27/25 Page 1 of 10
EXHIBIT A
Proposed Order
Case 24-11217-BLS Doc 976-2 Filed 01/27/25 Page 2 of 10
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE
)
In re: ) Chapter 11
)
VYAIRE MEDICAL, INC., et al., ) Case No. 24-11217 (BLS)
)
Debtors. ) (Jointly Administered)
)
) Re: Docket No. __
ORDER GRANTING AND SUSTAINING PLAN ADMINISTRATOR’S FIRST
OMNIBUS OBJECTION (SUBSTANTIVE) TO CERTAIN SECTION 503(B)(9) CLAIMS
Upon consideration of the Plan Administrator’s First Omnibus Objection (Substantive) to
Certain Claims (the “Objection”);1 and the Court having jurisdiction over this core proceeding
under 28 U.S.C. §§ 157 and 1334; and venue of this matter in the District of Delaware being
proper under 28 U.S.C. §§ 1408 and 1409; and the Court having reviewed the Objection, the
Disputed Claims listed on Schedule 1, Schedule 2, Schedule 3, and Schedule 4 hereto, the
Declaration of Joel Amico of AP Services, LLC in support of the Objection, any responses to
the Objection, and any replies to those responses; and due notice of the Objection having been
provided; and the relief sought by the Objection being in the best interests of the Debtors, the
Debtors’ creditors and all other parties in interest; and after due deliberation thereon and good
and sufficient cause appearing therefor, it is hereby
ORDERED, ADJUDGED AND DECREED THAT:
1. The Objection is GRANTED to the extent set forth herein.
2. Each Assumed Claim listed on Schedule 1 hereto is hereby disallowed and
expunged in its entirety or modified and reduced as set forth in the “Modified Status & Amount”
column therein.
1
Capitalized terms not defined herein shall have the meanings ascribed to the terms in the Objection.
Case 24-11217-BLS Doc 976-2 Filed 01/27/25 Page 3 of 10
3. Each Non-Statutory Period Claim listed on Schedule 2 hereto is hereby modified
and reclassified as set forth in the “Modified Classification Status & Amount” column therein.
4. Each Non-Goods Claim listed on Schedule 3 hereto is hereby modified and
reclassified as set forth in the “Modified Classification Status & Amount” column therein.
5. Each Books and Records Claim listed on Schedule 4 hereto is hereby modified
and reclassified as set forth in the “Modified Classification Status & Amount” column therein.
6. The Disputed Claims listed on Schedules 1-4 are not Allowed, and the Plan
Administrator, the Debtors and their estates, any successors thereto and any other party in
interest shall retain and shall have the right to object in the future to any of the claims listed on
Schedules 1-4 on any additional grounds, and the Plan Administrator shall retain and shall have
the right to amend, modify and/or supplement the Objection as may be necessary.
7. The Plan Administrator is authorized to take any action necessary or appropriate
to give effect to this Order and the relief granted therein.
8. Omni Agent Solutions, Inc., the Court-appointed claims and noticing agent in the
chapter 11 cases, is hereby authorized and directed to make such revisions to the official claims
register as are necessary to reflect the relief granted in this Order.
9. The Plan Administrator’s objection to each Disputed Claim addressed in the
Objection constitutes a separate contested matter as contemplated by Bankruptcy Rule 9014.
This Order shall be deemed a separate order with respect to each Disputed Claim. Any stay of
this Order pending appeal by any of the claimants subject to this Order shall only apply to the
contested matter which involves such claimant and shall not act to stay the applicability and/or
finality of this Order with respect to the other contested matters covered hereby.
2
Case 24-11217-BLS Doc 976-2 Filed 01/27/25 Page 4 of 10
10. This Order is without prejudice rights of the Plan Administrator, the Debtors’
estates, any successors thereto and any other party in interest to object to any other proof of
claim filed in the chapter 11 cases.
11. The Court shall retain jurisdiction over the claimants whose claims are subject to
the Objection with respect to any matter arising from or related to the Objection or this Order,
including the interpretation, enforcement and implementation of this Order.
3
Case 24-11217-BLS Doc 976-2 Filed 01/27/25 Page 5 of 10
SCHEDULE 1
ASSUMED CLAIMS
Objection Key
(Sec)- Secured
(Adm)- Administrative
(503)- 503(b)(9)
(Pri)- Priority
(GUC)- Non-Priority General Unsecured
(Tot)- Total Claim
Item Debtor Against Whom Claim Claim Amount & Classification Modified Classification
Claimant Name Case Number Claim Reason for Modification
No. is Filed Status Status & Amount
No.
1 Dell Marketing LP 24-12239 Vyaire Medical LLC 2 (Sec)- $ - (Sec)- $ -
(Adm)- $ - (Adm)- $ -
(503)- $ 493,101.16 (503)- $ -
503(b)(9) portion of the claim was assumed by Trudell and therefore
(Pri)- $ - (Pri)- $ -
the Debtors are not liable on such claim.
(GUC)- $ 221,809.37 (GUC)- $ 221,809.37
(Tot)- $ 714,910.53 (Tot)- $ 221,809.37
2 Perma Pure 24-11234 Vyaire Medical 211, Inc. 10 (Sec)- $ - (Sec)- $ -
(Adm)- $ - (Adm)- $ - The Debtors' books and records indicate that $157,242.75 of the
(503)- $ 189,071.75 (503)- $ - section 503(b)(9) claim was satisfied on or about July 23, 2024 by
(Pri)- $ - (Pri)- $ - Check #302314 as is or will be set forth in the The Plan
(GUC)- (GUC)- Administrator's First Notice of Satisfaction of Claims. The balance of
$ - $ -
the 503(b)(9) claim totaling $31,828.75, to the extent valid, was
(Tot)- $ 189,071.75 (Tot)- $ -
assumed by Trudell and therefore the Debtors are not liable for such
claim.
3 Vacumetrics, Inc. 24-11217 Vyaire Medical Inc. 50 (Sec)- $ - (Sec)- $ -
(Adm)- $ - (Adm)- $ -
(503)- $ 7,590.00 (503)- $ -
503(b)(9) portion of the claim was assumed by Trudell and therefore
(Pri)- $ - (Pri)- $ -
the Debtors are not liable for such claim.
(GUC)- $ 20,266.00 (GUC)- $ 20,266.00
(Tot)- $ 27,856.00 (Tot)- $ 20,266.00
68877/0001-49192355v2
Case 24-11217-BLS Doc 976-2 Filed 01/27/25 Page 6 of 10
SCHEDULE 2
NON-STATUTORY PERIOD CLAIMS
Objection Key
(Sec)- Secured
(Adm)- Administrative
(503)- 503(b)(9)
(Pri)- Priority
(GUC)- Non-Priority General Unsecured
(Tot)- Total Claim
Debtor Against Whom Claim is Claim Claim Amount & Modified Classification
Item No. Claimant Name Case Number Reason for Reclassification
Filed No. Classification Status Status & Amount
1 Greatbatch Medical 24-11217 Vyaire Medical Inc. 119 (Sec)- $ - (Sec)- $ -
(Adm)- $ - (Adm)- $ - The proof of claim (including any support) indicates that goods were
(503)- $ 2,562,288.00 (503)- $ - "ordered and in process of manufacture" and does not reflect any
(Pri)- $ - (Pri)- $ - goods were actually received by the Debtors within 20 days of the
(GUC)- $ 17,200.00 (GUC)- $ 2,579,488.00 bankruptcy filing. The Debtors' books and records do not reflect that
(Tot)- $ 2,579,488.00 (Tot)- $ 2,579,488.00 any goods set forth in the claim were ever received. Claim
reclassified in entirety to non-priority general unsecured claim.
2 Enhanced Filter Co. 24-11234 Vyaire Medical 211, Inc. 11 (Sec)- $ - (Sec)- $ -
(Adm)- $ - (Adm)- $ -
The Debtors' books and records reflect that only $1,502.40 is a valid
(503)- $ 26,676.70 (503)- $ - section 503(b)(9) claim and such amount has already been satisfied
(Pri)- $ - (Pri)- $ - by the Debtors. The balance of $25,174.30 were for good received by
(GUC)- $ - (GUC)- $ 25,174.30 the Debtors on April 20, 2024 and outside the 20 days prior to the
(Tot)- $ 26,676.70 (Tot)- $ 25,174.30 filing of the bankruptcy cases. The balance of $25,174.30 reclassified
to a non-priority general unsecured claim.
3 Pavese AG Prazisionsmechanik 24-11217 Vyaire Medical Inc. 128 (Sec)- $ - (Sec)- $ -
(Adm)- $ - (Adm)- $ -
The proof of claim, including any support attached to the proof of
(503)- $ 33,177.96 (503)- $ -
claim did not provide sufficient detail establishing that any goods
(Pri)- $ - (Pri)- $ - were received by the Debtors within 20 days of the bankruptcy filing.
(GUC)- $ - (GUC)- $ 33,177.96 A review of the Debtors' books and records reflects that the goods
(Tot)- $ 33,177.96 (Tot)- $ 33,177.96 referenced were received on or about February 29, 2024 and not
within 20 days of the bankruptcy filing. Claim reclassified in entirety
to non-priority general unsecured claim.
68877/0001-49192355v2
Case 24-11217-BLS Doc 976-2 Filed 01/27/25 Page 7 of 10
SCHEDULE 3
NON-GOODS CLAIMS
Objection Key
(Sec)- Secured
(Adm)- Administrative
(503)- 503(b)(9)
(Pri)- Priority
(GUC)- Non-Priority General Unsecured
(Tot)- Total Claim
Debtor Against
Item Claim Amount & Modified Classification
Claimant Name Case Number Whom Claim is Claim Reason for Reclassification
No. Classification Status Status & Amount
Filed No.
(Sec)- (Sec)-
1 3MD Relocation Services, LLC 24-11217 Vyaire Medical Inc. 170 $ - $ -
(Adm)- $ - (Adm)- $ - The proof of claim (including any support) and/or the Debtors'
(503)- $ 2,004.50 (503)- $ - books and records reflect that claim is not based on the Debtors'
(Pri)- $ - (Pri)- $ - receipt of any goods. Claim reclassified in entirety to non-priority
(GUC)- $ - (GUC)- $ 2,004.50 general unsecured claim.
(Tot)- $ 2,004.50 (Tot)- $ 2,004.50
Vyaire Medical (Sec)- (Sec)-
2 Georgia Dept. of Revenue 24-11230 $ - $ -
202, Inc. 2
(Adm)- $ (Adm)- Claimant checked 503(b)(9) box but did not inlcude an amount. The
- $ -
proof of claim (including any support) and/or the Debtors' books
(503)- Unknown (503)- $ -
and records reflect that claim is not based on the Debtors' receipt
(Pri)- $ 77,429.40 (Pri)- $ 77,429.40
of any goods. Section 503(b)(9) portion of claim reclassified in
(GUC)- $ 5,541.25 (GUC)- $ 5,541.25 entirety to non-priority general unsecured claim.
(Tot)- $ 82,970.65 (Tot)- $ 82,970.65
(Sec)- (Sec)-
3 John L. O'Donoghue, VMD, PhD, DABT 24-11217 Vyaire Medical Inc. $ - $ -
215
(Adm)- $ - (Adm)- $ - The proof of claim (including any support) and/or the Debtors'
(503)- $ books and records reflect that claim is not based on the Debtors'
7,260.00 (503)- $ -
receipt of any goods. Proof of claim provides it is for "Professional
(Pri)- $ - (Pri)- $ -
services performed." Claim reclassified in entirety to non-priority
(GUC)- (GUC)- $ 7,260.00 general unsecured claim.
(Tot)- $ 7,260.00 (Tot)- $ 7,260.00
(Sec)- (Sec)-
4 McKinley Equipment Corporation 24-11217 Vyaire Medical Inc. 171 $ - $ -
(Adm)- $ - (Adm)- $ - The proof of claim (including any support) and/or the Debtors'
books and records reflect that claim is not based on the Debtors'
(503)- $ 1,191.63 (503)- $ -
receipt of any goods. Proof of claim provides it is for "services
(Pri)- $ - (Pri)- $ -
performed." Section 503(b)(9) portion of claim reclassified in
(GUC)- $ 4,381.43 (GUC)- $ 5,573.06 entirety to non-priority general unsecured claim.
(Tot)- $ 5,573.06 (Tot)- $ 5,573.06
68877/0001-49192355v2
Case 24-11217-BLS Doc 976-2 Filed 01/27/25 Page 8 of 10
(Sec)- (Sec)-
5 Qmedic W.L.L. 24-1117 Vyaire Medical Inc. $ - $ -
174
(Adm)- $ - (Adm)- $ - The proof of claim (including any support) and/or the Debtors'
(503)- $ - (503)- $ - books and records reflect that claim is not based on the Debtors'
receipt of any goods. Proof of claim provides it is for "Balance of
(Pri)- $ 4,989.96 (Pri)- $ -
Credit Note in our Favour." Claim reclassified in entirety to non-
(GUC)- $ - (GUC)- $ 4,989.96
priority general unsecured claim.
(Tot)- $ 4,989.96 (Tot)- $ 4,989.96
68877/0001-49192355v2
Case 24-11217-BLS Doc 976-2 Filed 01/27/25 Page 9 of 10
SCHEDULE 4
BOOKS AND RECORDS CLAIMS
Objection Key
(Sec)- Secured
(Adm)- Administrative
(503)- 503(b)(9)
(Pri)- Priority
(GUC)- Non-Priority General Unsecured
(Tot)- Total Claim
Debtor Against
Claim Amount & Modified Classification
Item No. Claimant Name Case Number Whom Claim is Claim Reason for Reclassification
Classification Status Status & Amount
Filed No.
(Sec)- (Sec)-
1 Ambrit Engineering 24-11217 Vyaire Medical, Inc. $ - $ -
109
(Adm)- $ - (Adm)- $ - Claimant checked 503(b)(9) box but did not inlcude an amount. The
(503)- Unknown (503)- $ - proof of claim, including any support attached to the proof of claim
(Pri)- $ - (Pri)- $ - did not provide sufficient detail establishing that any goods were
(GUC)- $ received by the Debtors within 20 days of the bankruptcy filing. A
127,811.50 (GUC)- $ 127,811.50
review of the Debtors' books and records also do not reflect sufficient
(Tot)- $ 127,811.50 (Tot)- $ 127,811.50
information establishing that any goods were received by the Debtors
within 20 days of the bankruptcy filing. Claim reclassified in entirety
to non-priority general unsecured claim.
Vyaire Medical 211, (Sec)- (Sec)-
2 Central-Medori (Int'l) Pte Ltd 24-11234 $ - $ -
Inc. 12 The proof of claim, including any support attached to the proof of
(Adm)- $ - (Adm)- $ - claim did not provide sufficient detail establishing that any goods
(503)- $ 19,685.94 (503)- $ - were received by the Debtors within 20 days of the bankruptcy filing.
(Pri)- $ - (Pri)- $ - A review of the Debtors' books and records also do not reflect
(GUC)- $ - (GUC)- $ 19,685.94 sufficient information establishing that any goods were received by
(Tot)- $ 19,685.94 (Tot)- $ 19,685.94 the Debtors within 20 days of the bankruptcy filing. Claim
reclassified in entirety to non-priority general unsecured claim.
(Sec)- (Sec)-
3 Greatbatch Medical 24-11217 Vyaire Medical Inc. 119 $ - $ -
The proof of claim, including any support attached to the proof of
(Adm)- $ - (Adm)- $ - claim did not provide sufficient detail establishing that any goods
(503)- $ 2,562,288.00 (503)- $ - were received by the Debtors within 20 days of the bankruptcy filing.
(Pri)- $ - (Pri)- $ - A review of the Debtors' books and records also do not reflect
(GUC)- $ 17,200.00 (GUC)- $ 2,579,488.00 information establishing that any goods were received by the Debtors
(Tot)- $ 2,579,488.00 (Tot)- $ 2,579,488.00 within 20 days of the bankruptcy filing. Section 503(b)(9) portion of
claim reclassified to non-priority general unsecured claim.
68877/0001-49192355v2
Case 24-11217-BLS Doc 976-2 Filed 01/27/25 Page 10 of 10
(Sec)- (Sec)-
4 Trademark Plastics, Inc. 24-11217 Vyaire Medical Inc. 206 $ - $ -
Claimant checked 503(b)(9) box but did not inlcude an amount. The
(Adm)- $ - (Adm)- $ - proof of claim, including any support attached to the proof of claim
(503)- Unknown (503)- $ - did not provide sufficient detail establishing that any goods were
(Pri)- $ - (Pri)- $ - received by the Debtors within 20 days of the bankruptcy filing. A
(GUC)- $ 19,204.32 (GUC)- $ 19,204.32 review of the Debtors' books and records also do not reflect
(Tot)- $ 19,204.32 (Tot)- $ 19,204.32 information establishing that any goods were received by the Debtors
within 20 days of the bankruptcy filing. Claim reclassified in entirety
to non-priority general unsecured claim.
Vyaire Medical 203, (Sec)- (Sec)-
5 United States Plastic Corp. 24-11231 5 $ - $ -
Inc. The proof of claim, including any support attached to the proof of
(Adm)- $ - (Adm)- $ - claim did not provide sufficient detail establishing that any goods
(503)- $ 1,751.01 (503)- $ - were received by the Debtors within 20 days of the bankruptcy filing.
(Pri)- $ - (Pri)- $ - A review of the Debtors' books and records also do not reflect
(GUC)- $ - (GUC)- $ 1,751.01 information establishing that any goods were received by the Debtors
(Tot)- $ 1,751.01 (Tot)- $ 1,751.01 within 20 days of the bankruptcy filing. Section 503(b)(9) portion of
claim reclassified to non-priority general unsecured claim.
(Sec)- (Sec)-
6 Vacumetrics, Inc. 24-11217 Vyaire Medical Inc. 50 $ - $ -
(Adm)- $ - (Adm)- $ - The proof of claim, including any support attached to the proof of
(503)- $ 7,590.00 (503)- $ - claim did not provide sufficient detail establishing that any goods
(Pri)- $ - (Pri)- $ - were received by the Debtors within 20 days of the bankruptcy filing.
(GUC)- $ 20,266.00 (GUC)- $ 27,856.00 A review of the Debtors' books and records also do not reflect
(Tot)- $ 27,856.00 (Tot)- $ 27,856.00 information establishing that any goods were received by the Debtors
within 20 days of the bankruptcy filing. Section 503(b)(9) portion of
claim reclassified to non-priority general unsecured claim.
68877/0001-49192355v2
File and source
- File
- gov.uscourts.deb.193283.976.2.pdf
- Size
- 248,874 bytes
- SHA-256
- 1a2ed358183372a75c6fa8ebea888281333e3ae985c782a5adcff7b83f5250a8
- Original
- PACER (login required)