Vyaire - COC re Omnibus Final Fee Order (CS BDO Omni MDW BRG)
- Date
- 2025-02-28
Summary
A certification of counsel filed February 28, 2025 as Doc 1003 in In re Vyaire Medical, Inc., Case No. 24-11217 (BLS), in the U.S. Bankruptcy Court for the District of Delaware, regarding an omnibus order awarding professionals final allowance of compensation and reimbursement of expenses. It states that Cole Schotz P.C., BDO USA P.C., Omni Agent Solutions, Inc., McDermott Will & Emery LLP and Berkeley Research Group, LLC filed final fee applications at Docket Nos. 932, 933, 934, 972 & 973. It reports that the last objection deadline expired on February 14, 2025, that U.S. Trustee comments and Fee Examiner concerns were resolved through agreed reductions and negotiated adjustments, and that no other objections were filed. The debtors ask the court to enter the proposed order, attached as Exhibit A, ahead of a hearing scheduled for March 5, 2025.
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Case 24-11217-BLS Doc 1003 Filed 02/28/25 Page 1 of 3
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
CERTIFICATION OF COUNSEL
REGARDING OMNIBUS FEE ORDER AWARDING
PROFESSIONALS FINAL ALLOWANCE OF COMPENSATION
FOR SERVICES RENDERED AND REIMBURSEMENT OF EXPENSES
The undersigned counsel to the above-captioned debtors and debtors in possession
(collectively, the “Debtors”) hereby certifies as follows:
1. 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 Cole Schotz P.C., BDO USA P.C.,
Omni Agent Solutions, Inc., McDermott Will & Emery LLP and Berkeley Research Group, LLC,
(collectively, the “Professionals”) filed their final fee applications [Docket Nos. 932, 933, 934,
972 & 973] (collectively, the “Final Fee Applications”) with the United States Bankruptcy Court
for the District of Delaware (the “Court”).
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].
Case 24-11217-BLS Doc 1003 Filed 02/28/25 Page 2 of 3
2. Pursuant to the Final Fee Applications, objections were to be filed and served no
later than the objection deadline set forth in each Final Fee Application, the last of which expired
on February 14, 2025, at 4:00 p.m. (prevailing Eastern Time).
3. The Office of the United States Trustee for the District of Delaware
(the “U.S. Trustee”) provided certain informal comments with respect to Monthly Fee Statements
previously filed by certain Professionals. The informal comments were resolved by, among other
things, certain agreed upon reductions reflected in the Proposed Order (as defined below).
4. Further, pursuant to the Fee Examiner Order, the Fee Examiner filed the Fee
Examiner’s Final Report Pertaining to Second Interim and Final Fee Applications of Certain
Retained Professionals [Docket No. 994] (the “Fee Examiner Report”). As set forth in the Fee
Examiner Report, the Fee Examiner recommends approval of the fees and expenses requested in
the Final Fee Applications subject to the negotiated adjustments. The negotiated adjustments
address the Fee Examiner’s concerns with respect to the Final Fee Applications and are reflected
in the Proposed Order (as defined below).
5. Other than the Fee Examiner Report and the informal comments received from the
U.S. Trustee, the Professionals received no objections or responses to the Final Fee Applications,
and no objections or responses have been filed on the docket.
6. The hearing to consider approval of the Final Fee Applications is scheduled for
March 5, 2025, at 10:30 a.m. (prevailing Eastern Time).
7. Counsel to the Debtors prepared a proposed form of order (the “Proposed Order”)
approving the Final Fee Applications, which is attached hereto as Exhibit A.
8. The Proposed Order has been circulated to the Professionals, the U.S. Trustee and
the Fee Examiner, none of which object to entry of the Proposed Order.
2
Case 24-11217-BLS Doc 1003 Filed 02/28/25 Page 3 of 3
9. Accordingly, the Debtors respectfully request that the Court entered the Proposed
Order at its earliest convenience.
Dated: February 28, 2025
Wilmington, Delaware
/s/ Patrick J. Reilley
COLE SCHOTZ P.C. KIRKLAND & ELLIS LLP
Patrick J. Reilley (No. 4451) KIRKLAND & ELLIS INTERNATIONAL LLP
500 Delaware Avenue, Suite 1410 Joshua A. Sussberg, P.C. (admitted pro hac vice)
Wilmington, Delaware 19801 601 Lexington Ave
Telephone: (302) 652-3131 New York, New York 10022
Facsimile: (302) 652-3117 Telephone: (212) 446-4800
Email: preilley@coleschotz.com Facsimile: (212) 446-4900
Email: joshua.sussberg@kirkland.com
- and -
- and -
Michael D. Sirota, Esq. (admitted pro hac vice)
Warren A. Usatine, Esq (admitted pro hac vice) Spencer A. Winters, P.C. (admitted pro hac vice)
Court Plaza North, 25 Main Street Yusuf U. Salloum (admitted pro hac vice)
Hackensack, New Jersey 07601 333 West Wolf Point Plaza
Telephone: (201) 489-3000 Chicago, Illinois 60654
Facsimile: (201) 489-1536 Telephone: (312) 862-2000
Email: msirota@coleschotz.com Facsimile: (312) 862-2200
wusatine@coleschotz.com Email: spencer.winters@kirkland.com
yusuf.salloum@kirkland.com
Co-Counsel to the Debtors Co-Counsel to the Debtors
3
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