Vyaire - Second Non-Substantive Omnibus Claims Objection to 503b9 Claims (Amended and Superseded and Late Filed)
- Date
- 2025-01-27
Summary
Exhibit A, a proposed order granting and sustaining the Plan Administrator's Second Omnibus Objection (Non-Substantive) to Certain Claims, filed January 27, 2025 as Doc 977-2 in In re Vyaire Medical, Inc., et al., Case No. 24-11217 (BLS), in the U.S. Bankruptcy Court for the District of Delaware. The proposed order would disallow and expunge each amended or superseded claim on Schedule 1 and each late filed claim on Schedule 2, and directs the claims agent Omni Agent Solutions, Inc. to revise the claims register. Schedule 1 lists two claims superseded by later claims, including Claim No. 22 totaling $114,729.28. Schedule 2 lists five claims filed after the General Bar Date of 8/2/2024, including Claim No. 206 for $19,204.32. The order reserves the right to object to the listed claims on other grounds.
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Case 24-11217-BLS Doc 977-2 Filed 01/27/25 Page 1 of 6
EXHIBIT A
Proposed Order
Case 24-11217-BLS Doc 977-2 Filed 01/27/25 Page 2 of 6
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 SECOND
OMNIBUS OBJECTION (NON-SUBSTANTIVE) TO CERTAIN CLAIMS
Upon consideration of the Plan Administrator’s Second Omnibus Objection (Non-
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 and Schedule 2 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 Each Amended/Superseded Claim listed on Schedule 1 hereto is hereby
disallowed and expunged in its entirety.
1
Capitalized terms not defined herein shall have the meanings ascribed to the terms in the Objection.
Case 24-11217-BLS Doc 977-2 Filed 01/27/25 Page 3 of 6
3. Each Late Filed Claim listed on Schedule 2 hereto is hereby disallowed and
expunged in its entirety.
4. The Plan Administrator is authorized to take any action necessary or appropriate
to give effect to this Order and the relief granted therein.
5. 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.
6. 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 and 2 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’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.
8. 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.
2
Case 24-11217-BLS Doc 977-2 Filed 01/27/25 Page 4 of 6
9. 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 977-2 Filed 01/27/25 Page 5 of 6
SCHEDULE 1
AMENDED/SUPERSEDED CLAIMS
Objection Key
(Sec)- Secured
(Adm)- Administrative
(503)- 503(b)(9)
(Pri)- Priority
(GUC)- Non-Priority General Unsecured
(Tot)- Total Claim
Amended /
Debtor Against
Surviving Claim Superseded Surviving Claim Amount &
Item No. Claimant Name Case Number Whom Claim is Reason for Disallowance
No. Claim to be Classification Status
Filed
Disallowed
Vyaire Medical (Sec)-
1 Da/Pro Rubber Inc. 24-11217 116 22 $ -
Inc.
(Adm)- $ -
(503)- $ 4,350.00
Claim No. 22 has been amended and superseded by Claim No. 116.
(Pri)- $ -
(GUC)- $ 110,379.28
(Tot)- $ 114,729.28
Vyaire Medical (Sec)-
2 Newark Corporation 24-11217 152 34 $ -
Inc.
(Adm)- $ -
(503)- $ 32,000.00
Claim No. 34 has been amended and superseded by Claim No. 152.
(Pri)- $ -
(GUC)- $ 336,749.80
(Tot)- $ 368,749.80
68877/0001-49192355v2
Case 24-11217-BLS Doc 977-2 Filed 01/27/25 Page 6 of 6
SCHEDULE 2
LATE FILED CLAIMS
Objection Key
(Sec)- Secured
(Adm)- Administrative
(503)- 503(b)(9)
(Pri)- Priority
(GUC)- Non-Priority General Unsecured
(Tot)- Total Claim
Claim Claim Amount & Classification Adjusted Classification Status
Item No. Claimant Name Claim Date Filed Case Number Debtor Against Whom Claim Reason for Disallowance
No. Status & Amount
is Filed
1 3MD Relocation Services, LLC 8/27/2024 24-11217 Vyaire Medical Inc. 170 (Sec)- $ - (Sec)- $ -
(Adm)- $ - (Adm)- $ -
(503)- $ 2,004.50 (503)- $ -
(Pri)- $ - (Pri)- $ - Claim No. 170 was filed on 8/27/2024, which was after
(GUC)- (GUC)- $ - the General Bar Date, 8/2/2024.
(Tot)- $ 2,004.50 (Tot)- $ -
2 John L. O'Donahue, VMD, PhD, DABT 12/17/2024 24-11217 Vyaire Medical Inc. 215 (Sec)- $ - (Sec)- $ -
(Adm)- $ - (Adm)- $ -
(503)- $ 7,260.00 (503)- $ -
(Pri)- $ - (Pri)- $ - Claim No. 215 was filed on 12/17/2024, which was
(GUC)- (GUC)- $ - after the General Bar Date, 8/2/2024.
(Tot)- $ 7,260.00 (Tot)- $ -
3 McKinley Equipment Corporation 8/28/2024 24-11217 Vyaire Medical Inc. 171 (Sec)- $ - (Sec)- $ -
(Adm)- $ - (Adm)- $ -
(503)- $ 1,191.63 (503)- $ -
(Pri)- $ - (Pri)- $ - Claim No. 171 was filed on 8/28/2024, which was after
(GUC)- $ 4,381.43 (GUC)- $ - the General Bar Date, 8/2/2024.
(Tot)- $ 5,573.06 (Tot)- $ -
4 Qmedic W.L.L. 8/31/2024 24-11217 Vyaire Medical Inc. 174 (Sec)- $ - (Sec)- $ -
(Adm)- $ - (Adm)- $ -
(503)- $ 4,989.95 (503)- $ -
(Pri)- $ - (Pri)- $ - Claim No. 174 was filed on 8/31/2024, which was after
(GUC)- $ - (GUC)- $ - the General Bar Date, 8/2/2024.
(Tot)- $ 4,989.95 (Tot)- $ -
5 Trademark Plastics, Inc. 11/12/2024 24-11217 Vyaire Medical Inc. 206 (Sec)- $ - (Sec)- $ -
(Adm)- $ - (Adm)- $ -
(503)- Blank (503)- $ -
Claim No. 206 was filed on 11/12/2024, which was
(Pri)- $ - (Pri)- $ -
after the General Bar Date, 8/2/2024.
(GUC)- $ 19,204.32 (GUC)- $ -
(Tot)- $ 19,204.32 (Tot)- $ -
68877/0001-49192355v2
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