Vyaire - COC re Omnibus Final Fee Order (CS BDO Omni MDW BRG)
- Date
- 2025-02-28
Summary
A proposed Omnibus Fee Order Awarding Professionals Final Allowance of Compensation, filed February 28, 2025 as Doc 1003-1 (Exhibit A) in In re Vyaire Medical, Inc., Case No. 24-11217 (BLS), in the U.S. Bankruptcy Court for the District of Delaware. The proposed order would grant the final fee applications at Docket Nos. 932, 933, 934, 972 & 973 and allow each professional's fees and expenses on a final basis. It states that the Fee Examiner has resolved all fees and expenses with the professionals and that the order is deemed a separate order for each application. Exhibit 1 lists Cole Schotz P.C., BDO USA P.C., Omni Agent Solutions, Inc., McDermott Will & Emery LLP and Berkeley Research Group, LLC, with a total of $8,727,153.19 in fees and expenses approved.
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Case 24-11217-BLS Doc 1003-1 Filed 02/28/25 Page 1 of 5
Exhibit A
Proposed Order
Case 24-11217-BLS Doc 1003-1 Filed 02/28/25 Page 2 of 5
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. )
) Re: Docket Nos. 932, 933, 934, 972 & 973
OMNIBUS FEE ORDER AWARDING
PROFESSIONALS FINAL ALLOWANCE OF COMPENSATION
FOR SERVICES RENDERED AND REIMBURSEMENT OF EXPENSES
Upon consideration of the final fee applications (each a “Final Fee Application” and
collectively, the “Final Fee Applications”) of the professionals referenced on Exhibit 1
(each a “Professional” and collectively, the “Professionals”) for the final allowance of
compensation, including all holdbacks, for professional services rendered and reimbursement of
expenses incurred during the periods set forth on Exhibit 1 (the “Final Compensation Period”),
filed in accordance with the Second Amended Joint Chapter 11 Plan of Vyaire Medical, Inc. and
Its Debtor Affiliates [Docket No. 719] (as amended, the “Plan”) and the Order Appointing Fee
Examiner and Establishing Related Procedures for the Review of Fee Applications of Retained
Professionals [Docket No. 690] (the “Fee Examiner Order”),2 and the Court having reviewed the
Final Fee Application of each Professional and the Fee Examiner’s Final Report Pertaining to
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 1410, Wilmington,
DE 19801.
2
Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to them in
the Plan, the Fee Examiner Order or 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”).
Case 24-11217-BLS Doc 1003-1 Filed 02/28/25 Page 3 of 5
Second Interim and Final Fee Applications of Certain Retained Professionals [Docket No. 994]
(the “Fee Examiner Report”); and it appearing that all of the requirements, as applicable, of
sections 327, 328, 330, 331 and 503(b) of the Bankruptcy Code, as well as Bankruptcy Rule 2016
and Local Rule 2016-2, have been satisfied; and it further appearing that the expenses incurred
were reasonable and necessary; and that notices of the Final Fee Applications were appropriate;
and after due deliberation and sufficient cause appearing therefor; IT IS HEREBY ORDERED
THAT:
1. Each Final Fee Application is GRANTED and APPROVED as set forth herein.
2. Each of the Professionals is allowed compensation on a final basis for services
rendered and reimbursement for actual and necessary expenses incurred during the Final
Compensation Period in the amounts set forth on Exhibit 1.
3. To the extent not already paid pursuant to the Interim Compensation Order, each
Professional shall be paid one-hundred percent (100%) of the fees and one-hundred percent
(100%) of the expenses listed on Exhibit 1 under the column labeled “Total Amount of Fees and
Expenses Approved Under this Order” that have not yet been paid in satisfaction of the allowed
fees and expenses for services rendered and expenses incurred during the Final Compensation
Period.
4. As set forth in the Fee Examiner Report, the Fee Examiner has resolved all fees and
expenses with the Professionals, and there are no unresolved fees and expenses that would be
subject to further Court order.
5. This Order shall be deemed a separate order with respect to each Final Fee
Application. Any stay of this Order pending appeal with respect to any one Professional shall only
Case 24-11217-BLS Doc 1003-1 Filed 02/28/25 Page 4 of 5
apply to the particular Professional that is the subject of such appeal, and shall not operate to stay
the applicability and/or finality of this Order with respect to any other Professional.
6. This Court shall retain jurisdiction over all matters arising from or related to the
interpretation, implementation, and/or enforcement of this Order.
Case 24-11217-BLS Doc 1003-1 Filed 02/28/25 Page 5 of 5
Exhibit 1
Final Fee Applications
Vyaire Medical, Inc., et al.
Case No. 24-11217 (BLS)
Final Total Amount
Professional Final Expenses
Compensation Final Fees Requested of Fees and Expenses
and Title Requested
Period Approved Under this Order
Cole Schotz P.C. 06/09/2024 –
$3,131,085.00 $16,601.99 $3,142,086.99
Delaware Co-Counsel to the Debtors 11/14/2024
BDO USA P.C. 06/09/2024 –
$1,505,329.64 $0.00 $1,505,329.64
Tax Accountant to the Debtors 11/14/2024
Omni Agent Solutions, Inc. 06/09/2024 –
$37,679.20 $0.00 $37,679.20
Administrative Agent to the Debtors 11/14/2024
McDermott Will & Emery LLP
06/28/2024 –
Counsel to the Official Committee $2,232,224.031 $8,510.332 $2,240,734.36
11/14/2024
of Unsecured Creditors
Berkeley Research Group, LLC
06/28/2024 –
Financial Advisor to the Official $1,801,323.003 $0.00 $1,801,323.00
11/14/2024
Committee of Unsecured Creditors
TOTAL N/A $8,707,640.87 $25,112.32 $8,727,153.19
1
Includes $56,117.85 in fees incurred for post-confirmation services rendered.
2
Includes $341.84 in post-confirmation expenses incurred.
3
Includes $67,639.00 in fees incurred for post-confirmation services rendered.
File and source
- File
- gov.uscourts.deb.193283.1003.1.pdf
- Size
- 83,843 bytes
- SHA-256
- ab1893f77e7993406985febc505f717c85964c69e5f6aec08aa68d43a0410ab6
- Original
- No public link identified.