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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.
)
)
WITH PERMISSION FROM THE COURT,
THE HEARING HAS BEEN CANCELLED
NOTICE OF AGENDA OF MATTERS SCHEDULED
FOR HEARING ON JUNE 11, 2025 AT 10:30 A.M. (PREVAILING
EASTERN TIME) BEFORE THE HONORABLE BRENDAN L. SHANNON
RESOLVED MATTER
1.
Amended Motion of Datasite LLC to Allow Late Filed Administrative Expense Claim
Under 11 U.S.C. §503(b)(1)(A) and For Allowance and Immediate Payment of an
Administrative Expense Claim (Filed February 17, 2025) [Docket No. 989]
Related Document(s):
(a)
Reply to Plan Administrator’s Objection to Motion of Datasite LLC to
Allow Late Filed Administrative Expense Claim Under 11 U.S.C.
§503(b)(1)(A) and For Allowance and Immediate Payment of an
Administrative Expense Claim (Filed April 23, 2025) [Docket No.
1046]
(b)
Re-Notice of Amended Motion of Datasite LLC to Allow Late Filed
Administrative Expense Claim Under 11 U.S.C. §503(b)(1)(A) and For
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 600, Wilmington,
DE 19801.
Case 24-11217-BLS Doc 1100 Filed 06/06/25 Page 1 of 4
2
Allowance and Immediate Payment of an Administrative Expense
Claim (Filed March 26, 2025) [Docket No. 1055]
(c)
Notice of Withdrawal of Amended Motion of Datasite LLC to Allow
Late Filed Administrative Expense Claim Under 11 U.S.C.
§503(b)(1)(A) and For Allowance and Immediate Payment of an
Administrative Expense Claim (Filed May 28, 2025) [Docket No. 1092]
Objection Deadline: February 26, 2025, at 4:00 p.m. (prevailing Eastern Time)
Response(s) Received:
(a)
Plan Administrator’s Objection to Motion of Datasite LLC to Allow
Late Filed Administrative Expense Claim Under 11 U.S.C.
§503(b)(1)(A) and For Allowance and Immediate Payment of an
Administrative Expense Claim (Filed March 26, 2025) [Docket No.
1046]
(b)
Declaration of Joel Amico of AP Services, LLC in Support of Plan
Administrator's Objection to Motion of Datasite LLC to Allow Late
Filed Administrative Expense Claim Under 11 U.S.C. §503(b)(1)(A)
and For Allowance and Immediate Payment of an Administrative
Expense Claim (Filed April 23, 2025) [Docket No. 1072]
Status:
This matter has been withdrawn. No hearing is necessary.
2.
Plan Administrator’s Third Omnibus Objection (Non-Substantive) to Certain Claims
(Duplicate, Late Filed, Insufficient Documentation) (Filed May 8, 2025) [Docket No.
1081]
Related Document(s):
(a)
Notice of Submission of Proofs of Claim for the Plan Administrator’s
Third Omnibus Objection (Non-Substantive) to Certain Claims
(Duplicate, Late Filed, Insufficient Documentation) (Filed May 28,
2025) [Docket No. 1090]
(b)
Certification of Counsel Regarding Plan Administrator’s Third
Omnibus Objection (Non-Substantive) to Certain Claims (Duplicate,
Late Filed, Insufficient Documentation) (Filed June 6, 2025) [Docket
No. 1098]
(c)
Withdrawal of Claim No. 3 filed in Case 24-11223 by Georgia
Department of Revenue (Filed June 2, 2025) [Docket No. 1093]
Objection Deadline: June 4, 2025, at 4:00 p.m. (prevailing Eastern Time), extended
until July 2, 2025 for Owens and Minor Distribution Inc.
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Response(s) Received:
(a)
Informal comments from Hogan Lovells US LLP.
(b)
Informal comments from Owens and Minor Distribution Inc.
(c)
Informal comments from Georgia Department of Revenue
(d)
Response by the Tennessee Department of Revenue to the Plan
Administrator’s Third Omnibus Objection to Claims (Filed June 3,
2025) [Docket No. 1095]
Status:
An Order filed under certification of counsel has been filed resolving this
matter and all contested claims are being adjourned to a date to be
determined on agreement of the parties and availability of the Court. No
hearing is necessary.
3.
Plan Administrator’s Fourth Omnibus Objection (Substantive) to Certain Claims (No
Liability Claims, Reclassified Claims, and Overstated Claims) (Filed May 8, 2025)
[Docket No. 1082]
Related Document(s):
(a)
Notice of Submission of Proofs of Claim for the Plan Administrator’s
Fourth Omnibus Objection (Substantive) to Certain Claims (No
Liability Claims, Reclassified Claims, and Overstated Claims) (Filed
May 28, 2025) [Docket No. 1091]
(b)
Certification of Counsel Regarding Plan Administrator’s Fourth
Omnibus Objection (Substantive) to Certain Claims (No Liability
Claims, Reclassified Claims, and Overstated Claims) (Filed June 6,
2025) [Docket No. 1099]
Objection Deadline: June 4, 2025, at 4:00 p.m. (prevailing Eastern Time), extended
until July 2, 2025 for Owens and Minor Distribution Inc.
Response(s) Received:
(a)
Informal comments from Owens and Minor Distribution Inc.
Status:
An Order filed under certification of counsel has been filed resolving this
matter and all contested claims are being adjourned to a date to be
determined on agreement of the parties and availability of the Court. No
hearing is necessary.
[Remainder of Page Intentionally Left Blank]
Case 24-11217-BLS Doc 1100 Filed 06/06/25 Page 3 of 4
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Dated: June 6, 2025
Wilmington, Delaware
/s/ Patrick J. Reilley
COLE SCHOTZ P.C.
Patrick J. Reilley (No. 4451)
Stacy L. Newman (No. 5044)
500 Delaware Avenue, Suite 600
Wilmington, Delaware 19801
Telephone:
(302) 652-3131
Facsimile:
(302) 652-3117
Email:
preilley@coleschotz.com
snewman@coleschotz.com
- and -
Michael D. Sirota, Esq. (admitted pro hac vice)
Warren A. Usatine, Esq (admitted pro hac vice)
Matteo Percontino, Esq. (admitted pro hac vice)
Court Plaza North, 25 Main Street
Hackensack, New Jersey 07601
Telephone:
(201) 489-3000
Facsimile:
(201) 489-1536
Email:
msirota@coleschotz.com
wusatine@coleschotz.com
mpercontino@coleschotz.com
Counsel to the Plan Administrator
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