In re Vyaire Medical — Amended Notice of Motion of Clayton Controls for Administrative Expense Claim

Summary

An amended notice of motion filed December 30, 2024 as Doc 909 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. It gives notice of the Motion of Clayton Controls Requesting Allowance and Payment of Administrative Expense Claim under 11 U.S.C. § 503(b)(1)(A), filed December 27, 2024 as D.I. 896. The notice describes the motion as seeking payment for product the Debtor requested post-petition, some of which the Debtor paid for and some not. It sets a response deadline of February 25, 2025 at 4:00 p.m. and states that the hearing date is to be determined, with a footnote explaining the plan's 60-day objection deadline and the lack of omnibus hearing dates after January 29, 2025. It is signed by Christopher D. Loizides of Loizides, P.A. as counsel to Clayton Controls.

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                   Case 24-11217-BLS            Doc 909        Filed 12/30/24         Page 1 of 2




                           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. 1                          (Jointly Administered)
                                                             Hearing Date: To Be Determined

                                                             Objection Deadline: February 25, 2025 at 4:00 p.m. 2




            AMENDED NOTICE OF MOTION OF CLAYTON CONTROLS
                REQUESTING ALLOWANCE AND PAYMENT OF
      ADMINISTRATIVE EXPENSE CLAIM PURSUANT TO 11 U.S.C. § 503(B)(1)(A)

             Clayton Controls (“Movant”) filed its Motion of Clayton Controls Requesting Allowance

and Payment of Administrative Expense Claim Pursuant to 11 U.S.C. §§ 503(b)(1)(A) (D.I. 896

the “Motion”) on December 27, 2024, which seeks the following relief: allowance and payment of

Movant’s administrative expense claim associated with some of the product that Debtor

specifically requested post-petition (Debtor paid for some but not all of this product). You may

have been served previously with a copy of the Motion.

             A HEARING ON THE MOTION WILL BE HELD ON A DATE TO BE DETERMINED,

BEFORE THE HONORABLE BRENDEN L. SHANNON, AT THE UNITED STATES




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
  Pursuant to the Debtors’ confirmed plan (at Art. I.A. ¶6), the deadline to object to administrative expense claims is
the later of 60 days after the filing of the motion or 60 days after the effective date. Moreover, as there are no
omnibus hearing dates available after January 29, 2025, the hearing date has yet to be determined.
             Case 24-11217-BLS         Doc 909        Filed 12/30/24     Page 2 of 2




BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE, 6TH FLOOR, COURTROOM

# 1, 824 MARKET STREET, WILMINGTON, DE 19801.

       You are required to file a response to the Motion on or before February 25, 2025 at

4:00 P.M. EST. At the same time, you must also serve a copy of the response upon Movant’s

attorneys at the addresses listed below.

       FAILURE TO TIMELY FILE AND SERVE A RESPONSE MAY RESULT IN AN

ORDER GRANTING THE RELIEF REQUESTED IN THE MOTION.

  Dated: December 30, 2024

  Wilmington, Delaware                         Respectfully submitted,

                                           By: /s/ Christopher D. Loizides
                                               Christopher D. Loizides, Esq. (No. 3968)
                                               LOIZIDES, P.A.
                                               Legal Arts Building
                                               1225 King Street, Suite 800
                                               Wilmington, Delaware 19801
                                               Telephone:     (302) 654-0248
                                               Facsimile:     (302) 654-0728
                                               Email:         loizides@loizides.com

                                               and

                                               Marc C. Forsythe (pro hac vice forthcoming)
                                               California State Bar No. 153854
                                               GOE FORSYTHE & HODGES, LLP
                                               17701 Cowan Avenue, Building D, Suite 210
                                               Irvine, CA 92614
                                               P: 949-798-2460
                                               F: 949-955-9437
                                               Email: mforsythe@goeforlaw.com

                                               Counsel to Movant Clayton Controls




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