Vyaire - COC re Omnibus Final Fee Order (CS BDO Omni MDW BRG)
- Date
- 2025-03-03
Summary
An omnibus fee order entered March 3, 2025 as Doc 1005 in In re Vyaire Medical, Inc., Case No. 24-11217 (BLS), a Chapter 11 case in the U.S. Bankruptcy Court for the District of Delaware, signed by United States Bankruptcy Judge Brendan L. Shannon. It relates to Docket Nos. 932, 933, 934, 972 & 973 and awards the professionals listed on Exhibit 1 final allowance of compensation and reimbursement of expenses. The order grants each Final Fee Application, allows the amounts on Exhibit 1 on a final basis, and directs payment of 100% of unpaid approved fees and expenses. It states that the Fee Examiner has resolved all fees and expenses with the professionals, treats the order as a separate order for each application, and retains jurisdiction. The order is three pages.
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Full text
Case 24-11217-BLS Doc 1005 Filed 03/03/25 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
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 1005 Filed 03/03/25 Page 2 of 3
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 1005 Filed 03/03/25 Page 3 of 3
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.
Dated: March 3rd, 2025 BRENDAN L. SHANNON
Wilmington, Delaware UNITED STATES BANKRUPTCY JUDGE
File and source
- File
- gov.uscourts.deb.193283.1005.0.pdf
- Size
- 66,207 bytes
- SHA-256
- c06f5887554b4a211d0537695fa748702539a84da6a06cb07dbec4f6b820df3a
- Original
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