Vyaire - Second Non-Substantive Omnibus Claims Objection to 503b9 Claims (Amended and Superseded and Late Filed)

Summary

An order of the U.S. Bankruptcy Court for the District of Delaware in the jointly administered Chapter 11 cases of Vyaire Medical, Inc., et al., Case No. 24-11217 (BLS), filed February 28, 2025 as Doc 1002 and signed by United States Bankruptcy Judge Brendan L. Shannon. The order, which relates to Docket No. 977, grants the Plan Administrator's Second Omnibus Objection (Non-Substantive) to Certain Claims after review of a supporting declaration from AP Services, LLC. The order disallows and expunges each amended or superseded claim listed on Schedule 1 and each late filed claim listed on Schedule 2, and directs Omni Agent Solutions, Inc. to revise the claims register. It preserves rights to object to those claims on other grounds, treats each disputed claim as a separate contested matter under Bankruptcy Rule 9014, and retains the court's jurisdiction.

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Full text

                  Case 24-11217-BLS             Doc 1002          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. 977

       ORDER GRANTING AND SUSTAINING PLAN ADMINISTRATOR’S SECOND
         OMNIBUS OBJECTION (NON-SUBSTANTIVE) TO CERTAIN CLAIMS

          Upon consideration of the Plan Administrator’s Second Omnibus Objection (Non-

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 and Schedule 2 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 Amended/Superseded Claim listed on Schedule 1 hereto is hereby

disallowed and expunged in its entirety.




1
    Capitalized terms not defined herein shall have the meanings ascribed to the terms in the Objection.
              Case 24-11217-BLS          Doc 1002       Filed 02/28/25     Page 2 of 3




        3.      Each Late Filed Claim listed on Schedule 2 hereto is hereby disallowed and

expunged in its entirety.

        4.      The Plan Administrator is authorized to take any action necessary or appropriate

to give effect to this Order and the relief granted therein.

        5.      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.

        6.      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 and 2 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’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.

        8.      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.




                                                   2
              Case 24-11217-BLS       Doc 1002      Filed 02/28/25    Page 3 of 3




       9.      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




                                               3


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