Order Granting and Sustaining Plan Administrator's First Omnibus Objection to Section 503(b)(9) Claims (Vyaire)
Summary
Order entered February 28, 2025 as Doc 1001 in In re Vyaire Medical, Inc., et al., Case No. 24-11217 (BLS), a jointly administered Chapter 11 case in the U.S. Bankruptcy Court for the District of Delaware, signed by Judge Brendan L. Shannon. Relating to Docket No. 976, it grants the Plan Administrator’s First Omnibus Objection (Substantive) to certain Section 503(b)(9) claims. Each Assumed Claim on Schedule 1 is disallowed and expunged or modified and reduced, and the Non-Statutory Period, Non-Goods and Books and Records Claims on Schedules 2, 3 and 4 are modified and reclassified. Omni Agent Solutions, Inc., the claims and noticing agent, is directed to revise the claims register, the parties keep the right to object to the claims on other grounds, and each claim is treated as a separate contested matter under Bankruptcy Rule 9014.
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- Date
- 2025-02-28
Cite this document
“Order Granting and Sustaining Plan Administrator's First Omnibus Objection to Section 503(b)(9) Claims (Vyaire).”
Original at ecf.deb.uscourts.gov, dated 2025-02-28. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2025-02-28-microsoft-word-vyaire-first-substantive-omnibus-claims-objection-to-503b9-claim/
, SHA-256 993079ad3755e841a5ba917e0907a9511db2a9ba39c43e39aeb5572847faf09c.Full text
Case 24-11217-BLS Doc 1001 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., et al., ) Case No. 24-11217 (BLS)
)
Debtors. ) (Jointly Administered)
)
) Re: Docket No. 976
ORDER GRANTING AND SUSTAINING PLAN ADMINISTRATOR’S FIRST
OMNIBUS OBJECTION (SUBSTANTIVE) TO CERTAIN SECTION 503(B)(9) CLAIMS
Upon consideration of the Plan Administrator’s First Omnibus Objection (Substantive) to
Certain Claims (the “Objection”);1 and the Court having jurisdiction over this core proceeding
under 28 U.S.C. §§ 157 and 1334; and venue of this matter in the District of Delaware being
proper under 28 U.S.C. §§ 1408 and 1409; and the Court having reviewed the Objection, the
Disputed Claims listed on Schedule 1, Schedule 2, Schedule 3, and Schedule 4 hereto, the
Declaration of Joel Amico of AP Services, LLC in support of the Objection, any responses to
the Objection, and any replies to those responses; and due notice of the Objection having been
provided; and the relief sought by the Objection being in the best interests of the Debtors, the
Debtors’ creditors and all other parties in interest; and after due deliberation thereon and good
and sufficient cause appearing therefor, it is hereby
ORDERED, ADJUDGED AND DECREED THAT:
1. The Objection is GRANTED to the extent set forth herein.
2. Each Assumed Claim listed on Schedule 1 hereto is hereby disallowed and
expunged in its entirety or modified and reduced as set forth in the “Modified Status & Amount”
column therein.
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Capitalized terms not defined herein shall have the meanings ascribed to the terms in the Objection.
Case 24-11217-BLS Doc 1001 Filed 02/28/25 Page 2 of 3
3. Each Non-Statutory Period Claim listed on Schedule 2 hereto is hereby modified
and reclassified as set forth in the “Modified Classification Status & Amount” column therein.
4. Each Non-Goods Claim listed on Schedule 3 hereto is hereby modified and
reclassified as set forth in the “Modified Classification Status & Amount” column therein.
5. Each Books and Records Claim listed on Schedule 4 hereto is hereby modified
and reclassified as set forth in the “Modified Classification Status & Amount” column therein.
6. The Disputed Claims listed on Schedules 1-4 are not Allowed, and the Plan
Administrator, the Debtors and their estates, any successors thereto and any other party in
interest shall retain and shall have the right to object in the future to any of the claims listed on
Schedules 1-4 on any additional grounds, and the Plan Administrator shall retain and shall have
the right to amend, modify and/or supplement the Objection as may be necessary.
7. The Plan Administrator is authorized to take any action necessary or appropriate
to give effect to this Order and the relief granted therein.
8. Omni Agent Solutions, Inc., the Court-appointed claims and noticing agent in the
chapter 11 cases, is hereby authorized and directed to make such revisions to the official claims
register as are necessary to reflect the relief granted in this Order.
9. The Plan Administrator’s objection to each Disputed Claim addressed in the
Objection constitutes a separate contested matter as contemplated by Bankruptcy Rule 9014.
This Order shall be deemed a separate order with respect to each Disputed Claim. Any stay of
this Order pending appeal by any of the claimants subject to this Order shall only apply to the
contested matter which involves such claimant and shall not act to stay the applicability and/or
finality of this Order with respect to the other contested matters covered hereby.
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Case 24-11217-BLS Doc 1001 Filed 02/28/25 Page 3 of 3
10. This Order is without prejudice rights of the Plan Administrator, the Debtors’
estates, any successors thereto and any other party in interest to object to any other proof of
claim filed in the chapter 11 cases.
11. The Court shall retain jurisdiction over the claimants whose claims are subject to
the Objection with respect to any matter arising from or related to the Objection or this Order,
including the interpretation, enforcement and implementation of this Order.
Dated: February 28th, 2025 BRENDAN L. SHANNON
Wilmington, Delaware UNITED STATES BANKRUPTCY JUDGE
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