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Vyaire - Second Non-Substantive Omnibus Claims Objection to 503b9 Claims (Amended and Superseded and Late Filed)

Date
2025-01-27

Summary

Exhibit B, a declaration filed January 27, 2025 as Doc 977-3 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. A Director with AP Services, LLC, the consultant retained by the Plan Administrator to assist with claims reconciliation and wind-down, submits it in support of the Plan Administrator's Second Omnibus Objection (Non-Substantive) to Certain Claims. The declarant states having read the Objection, including Schedules 1 and 2 to the Proposed Order, and that, to the best of the declarant's knowledge, information and belief, its information is true and correct. It adds that the declarant or supervised AP Services staff reviewed the Debtors' books and records and the listed proofs of claim and determined each claim should be disallowed and expunged. It is three pages.

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Full text

Case 24-11217-BLS   Doc 977-3   Filed 01/27/25   Page 1 of 3




                      EXHIBIT B

                    Amico Declaration
                  Case 24-11217-BLS             Doc 977-3         Filed 01/27/25       Page 2 of 3




                          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)
                                                              )
                                                              )

    DECLARATION OF JOEL AMICO OF AP SERVICES, LLC IN SUPPORT OF PLAN
    ADMINISTRATOR’S SECOND OMNIBUS OBJECTION (NON-SUBSTANTIVE) TO
                           CERTAIN CLAIMS

           I, Joel Amico, pursuant to section 1746 of title 28 of the United States Code, hereby

declare that the following is true and correct to the best of my knowledge, information and

belief:

           1.       I am a Director with AP Services, LLC (“AP Services”). AP Services was

retained by the Plan Administrator as a consultant to, among other things, assist with the

reconciliation of claims filed against the Debtors’ estates and facilitate the wind-down of the

Debtors’ cases pursuant to the Plan and Confirmation Order. I have more than 20 years of

experience in the restructuring industry, including many years of providing consulting and

advisory services in both pre-confirmation and post-confirmation chapter 11 cases.

           2.       I submit this declaration (the “Declaration”) in support of the Plan

Administrator’s Second Omnibus Objection (Non-Substantive) to Certain Claims (the

“Objection”), filed contemporaneously herewith.1 I am over the age of 18, competent to testify

and authorized to submit the Declaration on behalf of the Plan Administrator.




1
    Capitalized terms not defined herein have the meanings ascribed to them in the Objection.
             Case 24-11217-BLS         Doc 977-3      Filed 01/27/25   Page 3 of 3




       3.      Every matter set forth herein is based on (a) my personal knowledge and

experience as a Director with AP Services and an authorized representative of the Plan

Administrator, (b) my review, or the review of work performed by other AP Services consultants

whom I oversee in a managerial capacity, of relevant documents, and/or (c) my understanding

based on information obtained from the Debtors’ books and records.

       4.      I have read and reviewed the Objection, including the information set forth on

Schedules 1 and 2 to the Proposed Order, and I am familiar with the information contained in

those documents.

       5.      To the best of my knowledge, information and belief, the information that is

contained in the Objection is true and correct.

       6.      I, and/or one or more individuals at AP Services working under my direction,

have reviewed the Debtors’ books and records and proofs of claim listed on Schedule 1 and

Schedule 2 to the Proposed Order, together with any supporting documentation attached thereto,

made reasonable efforts to research the Disputed Claims in the Debtors’ books and records and

have determined each claim should be disallowed and expunged for the reasons and in the

manner set forth on Schedules 1 and 2.

       I declare under penalty of perjury that the foregoing is true and correct to the best of my

knowledge, information and belief.


Dated: January 27, 2025
                                              /s/ Joel Amico
                                              JOEL AMICO




                                                  2

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gov.uscourts.deb.193283.977.3.pdf
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51,701 bytes
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