Vyaire - MWE Second Interim and Final Fee Application
- Date
- 2025-02-14
Summary
A notice of the Second Interim and Final Fee Application of McDermott Will & Emery LLP, counsel to the Official Committee of Unsecured Creditors, filed January 24, 2025 as Doc 972-1 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. The notice states that the application seeks $2,232,224.03 in fees and $8,510.33 in expenses. It covers an interim period from September 1, 2024 through November 14, 2024, a case period from June 28, 2024 through November 14, 2024, and post-confirmation and post-effective date periods from November 15, 2024 through January 22, 2025. Objections are due February 14, 2025 at 4:00 p.m. (ET), and a hearing is set for March 5, 2025 before Judge Brendan Linehan Shannon. The two-page notice is signed by David R. Hurst.
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 972-1 Filed 01/24/25 Page 1 of 2
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE
) Chapter 11
In re: )
) Case No. 24-11217 (BLS)
VYAIRE MEDICAL, INC., et al.,1 )
) (Jointly Administered)
Debtors. )
) Obj. Deadline: 2/14/25 at 4:00 p.m. (ET)
) Hrg. Date: 3/5/25 at 10:30 a.m. (ET)
Related to Docket Nos. 402, 592, 619, 696, 759, 888
)
NOTICE OF SECOND INTERIM AND FINAL FEE
APPLICATION OF MCDERMOTT WILL & EMERY LLP, COUNSEL TO
THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS, FOR ALLOWANCE
OF COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR (I) THE
INTERIM PERIOD FROM SEPTEMBER 1, 2024 THROUGH NOVEMBER 14, 2024;
(II) THE CASE PERIOD FROM JUNE 28, 2024 THROUGH NOVEMBER 14, 2024;
(III) THE POST-CONFIRMATION PERIOD FROM NOVEMBER 15, 2024 THROUGH
NOVEMBER 27, 2024; AND (IV) THE POST-EFFECTIVE DATE PERIOD
FROM NOVEMBER 28, 2024 THROUGH JANUARY 22, 2025
To: (i) the Application Recipients and (ii) all parties entitled to notice under Del. Bankr. L.R.
2002-1(b). Parties receiving notice in the above-captioned chapter 11 cases pursuant to
Fed. R. Bankr. P. 2002 shall receive this Notice only.
PLEASE TAKE NOTICE that, on January 24, 2025, the Second Interim and Final Fee
Application of McDermott Will & Emery LLP, Counsel to the Official Committee of Unsecured
Creditors, for Allowance of Compensation and Reimbursement of Expenses for (I) the Interim
Period From September 1, 2024 Through November 14, 2024; (II) the Case Period From June
28, 2024 Through November 14, 2024; (III) The Post-Confirmation Period From November 15,
2024 Through November 27, 2024; and (IV) The Post-Effective Date Period From November 28,
2024 Through January 22, 2025 (the “Final Fee Application”),2 which seeks approval of a fee
application for professional services rendered to the Official Committee of Unsecured Creditors
(the “Committee”) in the amount of $2,232,224.03, together with reimbursement of expenses in
the amount of $8,510.33, was filed with the United States Bankruptcy Court for the District of
Delaware, 824 Market Street, 3rd Floor, Wilmington, Delaware 19801 (the “Court”).
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 defined herein shall have the meanings ascribed to such items in the Final Fee
Application.
Case 24-11217-BLS Doc 972-1 Filed 01/24/25 Page 2 of 2
PLEASE TAKE FURTHER NOTICE that, objections, if any, to the Final Fee
Application must be made in accordance with the Order (I) Establishing Procedures for Interim
Compensation and Reimbursement of Expenses for Retained Professionals and (II) Granting
Related Relief [Docket No. 218] (the “Interim Compensation Order”), and must be filed with the
Clerk of the Bankruptcy Court and served upon the undersigned counsel and the Application
Recipients (as defined in the Interim Compensation Order) so as to be received no later than
February 14, 2025 at 4:00 p.m. (Eastern Time).
PLEASE TAKE FURTHER NOTICE that a hearing on the Final Fee Application has
been scheduled for March 5, 2025 at 10:30 a.m. (Eastern Time) before the Honorable Brendan
Linehan Shannon, United States Bankruptcy Judge, United States Bankruptcy Court for the
District of Delaware, 824 Market Street, 6th Floor, Courtroom No. 1, Wilmington, Delaware
19801.
PLEASE TAKE FURTHER NOTICE THAT IF NO OBJECTIONS TO THE
FINAL FEE APPLICATION ARE TIMELY FILED AND RECEIVED IN
ACCORDANCE WITH THIS NOTICE, THE RELIEF REQUESTED IN THE FINAL
FEE APPLICATION MAY BE GRANTED WITHOUT FURTHER NOTICE OR
HEARING.
PLEASE TAKE FURTHER NOTICE that a copy of the Final Fee Application shall be
provided upon request.
Dated: Wilmington, Delaware MCDERMOTT WILL & EMERY LLP
January 24, 2024
/s/ David R. Hurst
David R. Hurst (I.D. No. 3743)
Maris J. Kandestin (I.D. No. 5294)
The Brandywine Building
1000 N. West Street, Suite 1400
Wilmington, Delaware 19801
(302) 485-3900
dhurst@mwe.com
mkandestin@mwe.com
- and -
Darren Azman
Kristin K. Going
One Vanderbilt Avenue
New York, New York 10017
(212) 547-5400
dazman@mwe.com
kgoing@mwe.com
Counsel for the Official Committee
of Unsecured Creditors
2
File and source
- File
- gov.uscourts.deb.193283.972.1.pdf
- Size
- 159,379 bytes
- SHA-256
- ae5c6322b97c43238ab1ea2d979c293571c49b9329b1317974cb34cf509674de
- Original
- No public link identified.