Vyaire - CS Final Fee App (June to November) — In re Vyaire Medical, Inc., et al.

Date: 2025-03-05

Source document: Vyaire - CS Final Fee App (June to November) — In re Vyaire Medical, Inc., et al.; document type: Final fee application (17 pp., with summary sheet and supporting attachments).

Full text

Vyaire Medical, Inc., et al.
Date of retention:
July 30, 2024 (Effective as of June 9, 2024)
[Docket No. 333]
Period for which compensation
and reimbursement is sought:
June 9, 2024 through November 14, 2024
Amount of compensation sought as
actual, reasonable and necessary:

$3,131,085.002
Amount of expense reimbursement
sought as actual, reasonable and necessary: $16,601.99
This is a(n):
__ monthly ___ interim _X_ final application
1
The last four digits of Debtor Vyaire Medical, Inc.’s federal tax identification number are 6495. A complete list
of each of the Debtors in these chapter 11 cases and each such Debtor’s federal tax identification number may be
obtained on the website of the Debtors’ claims and noticing agent at https://omniagentsolutions.com/Vyaire. The
location of Debtor Vyaire Medical, Inc.’s principal place of business and the Debtors’ service address in these
chapter 11 cases is 26125 North Riverwoods Boulevard, Mettawa, Illinois, USA 60045.
2
As set forth in the First Omnibus Order Awarding Interim Allowance of Compensation for Services Rendered
and Reimbursement of expenses [Docket No. 834], Cole Schotz agreed to a voluntary fee reduction of $9,150.00.
Cole Schotz also agreed with the Office of the United States Trustee for the District of Delaware to a voluntary
fee reduction of $204.50 during the Final Fee Period.
Case 24-11217-BLS Doc 932 Filed 01/15/25 Page 1 of 17

Prior Interim Fee Application:
Application Docket No.
Date Filed
Interim Fee Period
Approved Fees and Expenses
Docket No. 715
11/08/24
6/9/2024 – 8/31/2024
$1,548,894.48
Prior Monthly Fee Applications:
Monthly Application
Requested Fees
and Expenses
Approved Fees
and Expenses
Holdback
Monthly Fee
Period,
Application
Docket No., and
Date Filed
CNO
Docket
No. and
Date Filed
Total Fees
Requested
Total Expenses
Requested
Approved
Fees (80%)
Approved
Expenses
(100%)
Fees Holdback
(20%)
06/09/24 –
06/30/24
Docket No. 355
08/08/24
Docket No.
488
08/30/24
$649,519.50
$3,085.71
$519,615.60
$3,085.71
$129,903.90
07/01/24 –
07/31/24
Docket No. 510
09/06/24
Docket No.
594
10/01/24
$489,621.00
$1,494.81
$391,696.80
$1,494.81
$97,924.20
08/24/24 –
08/31/24
Docket No. 568
09/24/24
Docket No.
639
10/17/24
$413,078.00
$1,449.96
$330,462.40
$1,449.96
$82,615.60
09/01/24 –
09/30/24
Docket No. 717
11/11/24
Docket No.
816
12/04/24
$739,539.50
$8,543.18
$591,631.60
$8,543.18
$147,907.90
10/01/24 –
10/31/24
Docket No. 753
11/15/24
Docket No.
831
12/09/24
$594,117.50
$934.16
$475,294.00
$934.16
$118,823.50
11/01/24 –
11/14/24
Docket No. 845
12/17/24
Docket No.
931
01/15/24
$254,564.00
$1,094.17
$203,651.20
$1,094.17
$50,912.80
Case 24-11217-BLS Doc 932 Filed 01/15/25 Page 2 of 17

IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE
)
In re:
)
Chapter 11
)
VYAIRE MEDICAL, INC., et al.,1
)
Case No. 24-11217 (BLS)
)
Debtors.
)
(Jointly Administered)
)
)
Hearing Date: March 5, 2025, at 10:30 a.m. (ET)
)
Objection Deadline: February 5, 2025, at 4:00 p.m. (ET)
FINAL FEE APPLICATION OF COLE SCHOTZ P.C., DELAWARE
CO-COUNSEL TO THE DEBTORS AND DEBTORS IN POSSESSION,
FOR ALLOWANCE OF COMPENSATION AND REIMBURSEMENT OF
EXPENSES FOR THE PERIOD FROM JUNE 9, 2024 THROUGH NOVEMBER 14, 2024
Cole Schotz P.C. (the “Applicant” or “Cole Schotz”), Delaware co-counsel to Vyaire
Medical, Inc. and certain of its subsidiaries, the debtors and debtors in possession in the above
captioned cases (collectively, the “Debtors”), hereby submits this final fee application
(the “Application”) pursuant to (i) sections 330 and 331 of title 11 of the United State Code,
11 U.S.C. §§ 101-1532 (the “Bankruptcy Code”), (ii) Rule 2016 of the Federal Rules of
Bankruptcy Procedure (the “Bankruptcy Rules”), (iii) Rule 2016-2 of the Local Rules of
Bankruptcy Practice and Procedure of the United States Bankruptcy Court for the District of
Delaware (the “Local Rules”), (iv) 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”); and (v) the Order
Appointing Fee Examiner and Establishing Related Procedures for the Review of Fee Applications
1
The last four digits of Debtor Vyaire Medical, Inc.’s federal tax identification number are 6495. A complete list
of each of the Debtors in these chapter 11 cases and each such Debtor’s federal tax identification number may be
obtained on the website of the Debtors’ claims and noticing agent at https://omniagentsolutions.com/Vyaire. The
location of Debtor Vyaire Medical, Inc.’s principal place of business and the Debtors’ service address in these
chapter 11 cases is 26125 North Riverwoods Boulevard, Mettawa, Illinois, USA 60045.
Case 24-11217-BLS Doc 932 Filed 01/15/25 Page 3 of 17

of Retained Professionals [Docket No. 690] (the “Fee Examiner Order”),2 for allowance of
compensation for services rendered and reimbursement of expenses for the period from June 9,
2024 through November 14, 2024 (the “Final Fee Period”). In support of this Application, Cole
Schotz respectfully represents as follows:
Jurisdiction and Venue
1.
The United States District Court for the District of Delaware has jurisdiction over
this matter pursuant to 28 U.S.C. §1334, which was referred to the United States Bankruptcy Court
for the District of Delaware (the “Court”) under 28 U.S.C. § 157 and the Amended Standing Order
of Reference from the United States District Court for the District of Delaware, dated February 29,
2012. The Debtors confirm their consent, pursuant to Local Rule 9013-1(f), to the entry of a final
order by the Court in connection with this Application to the extent that it is later determined that
the Court, absent consent of the parties, cannot enter final orders or judgments in connection
herewith consistent with Article III of the United States Constitution.
2.
Venue is proper pursuant to 28 U.S.C. §§ 1408 and 1409.
3.
The statutory bases for the relief sought herein are sections 330 and 331 of the
Bankruptcy Code. Such relief is also warranted under Bankruptcy Rule 2016, Local Rule 2016-2,
the Interim Compensation Order, the Fee Examiner Order, the Plan, and the Confirmation Order
(as defined herein).
2
Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to such terms in the
Interim Compensation Order, the Fee Examiner Order, or the Second Amended Joint Chapter 11 Plan of Vyaire
Medical, Inc. and Its Debtor Affiliates [Docket No. 719] (the “Plan”), as applicable.
Case 24-11217-BLS Doc 932 Filed 01/15/25 Page 4 of 17

Background
A.
The Chapter 11 Cases
4.
On June 9, 2024 (the “Petition Date”), Vyaire Medical, Inc. and certain of its
subsidiaries filed voluntary petitions for relief under chapter 11 of the Bankruptcy Code. The
Debtors are operating their business and managing their property as debtors in possession pursuant
to sections 1107(a) and 1108 of the Bankruptcy Code.
5.
On June 11, 2024, the Court entered an order authorizing the procedural
consolidation and joint administration of these chapter 11 cases pursuant to Bankruptcy Rule
1015(b) and Local Rule 1015-1. See Docket No. 84.
6.
No request for the appointment of a trustee or examiner has been made in these
chapter 11 cases.
7.
On June 26, 2024, the Office of the United States Trustee for the District
of Delaware (the “U.S. Trustee”) appointed the Official Committee of Unsecured Creditors
(the “Committee”). See Docket No. 121.
8.
A detailed description of the Debtors and their business, including the facts and
circumstances giving rise to the Debtors’ chapter 11 cases, is set forth in the Declaration of John
Bibb, Group Chief Executive Officer of Vyaire Medical, Inc., in Support of Chapter 11 Petitions
and First Day Motions. See Docket No. 15.
B.
The Retention of Cole Schotz
9.
On July 9, 2024, the Debtors applied to the Court for an order authorizing the
retention and employment of Cole Schotz as Debtors’ Delaware co-counsel effective as of the
Petition Date. See Docket No. 239. On July 30, 2024, the Court entered an order authorizing such
retention. See Docket No. 333.
C.
The Interim Compensation Order
Case 24-11217-BLS Doc 932 Filed 01/15/25 Page 5 of 17

10.
The Interim Compensation Order sets forth the procedures for final allowance of
compensation and reimbursement of expenses in these chapter 11 cases. Specifically, the Interim
Compensation Order provides that Professionals shall file final applications for compensation and
reimbursement (collectively, the “Final Fee Applications”) by such deadline as may be established
in a confirmed chapter 11 plan or in an order of the Court. See Interim Compensation Order ¶ 2(i).
All Final Fee Applications shall comply with the applicable provisions of the Bankruptcy Code,
the Bankruptcy Rules, the Local Rules, and applicable orders of the Court. Id.
D.
The Plan and Confirmation Order
11.
On November 11, 2024, the Debtors filed the Plan.
12.
On November 14, 2024, the Court entered 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 “Confirmation Order”).
13.
On November 27, 2024 (the “Effective Date”), the Debtors filed the Notice of (I)
Entry of Confirmation Order, (II) Occurrence of Effective Date, and (III) Related Bar Dates
[Docket No. 810], (the “Effective Date Notice”), and the Plan became effective in accordance with
its terms.
14.
Pursuant to the confirmed Plan, and as set forth in the Effective Date Notice, the
deadline to file final requests for payment of Professional Fee Claims is January 27, 2025
(the “Professional Fee Application Deadline”), which is the first Business Day that is sixty (60)
days after the Effective Date. All professionals must file final requests for payment of Professional
Fee Claims by no later than the Professional Fee Application Deadline to receive final approval of
the fees and expenses incurred in these chapter 11 cases.
Case 24-11217-BLS Doc 932 Filed 01/15/25 Page 6 of 17

Relief Requested
15.
By this Application, and pursuant to the Interim Compensation Order, the Plan, and
section 331 of the Bankruptcy Code, Cole Schotz is seeking compensation in the amount of
$3,131,085.00 in fees for professional services rendered by Cole Schotz during the Final Fee
Period. This amount is derived solely from the applicable hourly billing rates of Cole Schotz
personnel who rendered such services to the Debtors. In addition, Cole Schotz is seeking
reimbursement of expenses incurred during the Final Fee Period in the amount of $16,601.99.
The Final Fee Application
and Compliance with Guidelines
16.
This Application was prepared in accordance with (a) Local Rule 2016-2, (b) the
United States Trustee Guidelines for Reviewing Applications for Compensation and
Reimbursement of Expenses Filed Under 11 U.S.C. § 330 by Attorneys in Larger Chapter 11
Cases, adopted on June 11, 2013 (the “UST Guidelines”), and (c) the Interim Compensation Order
(collectively with Local Rule 2016-2 and the UST Guidelines, the “Guidelines”).
17.
Annexed hereto are various schedules required by the Guidelines, as applicable.
18.
Applicant provides the following responses to the questions set forth under ¶ C.5
of Appendix B of the UST Guidelines.
Question:
Did you agree to any variations from, or alternatives
to, your standard or customary billing rates, fees or
terms for services pertaining to this engagement that
were provided during the application period? If so,
please explain.
Response:
No.
Question:
If the fees sought in this fee application as compared
to the fees budgeted for the time period covered by
this fee application are higher by 10% or more, did
you discuss the reasons for the variation with the
client?
Case 24-11217-BLS Doc 932 Filed 01/15/25 Page 7 of 17

Response:
The fees sought in this Application are less than the
amount budgeted for the Final Fee Period.
Question:
Have any of the professionals included in this fee
application varied their hourly rates based on the
geographic location of the bankruptcy case.
Response:
No.
Question:
Does the fee application include time or fees related
to reviewing or revising time records or preparing,
reviewing, or revising invoices? If so, please
quantify by hours and fees.
Response:
This Application does not include any fees dedicated
to revising time records or preparing and revising
invoices that would not normally be compensable
outside of bankruptcy.
Question:
Does this fee application include time or fees for
reviewing time records to redact any privileged or
other confidential information? If so, please quantify
by hours and fees.
Response:
No.
Question:
Does this fee application include rate increases since
retention?
Response:
Yes. On September 1, 2024, Cole Schotz increased
its rates in accordance with its standard practice and
such rates are included herein.
Reasonable and Necessary Services
19.
The services for which Cole Schotz seeks compensation were, at the time rendered,
necessary for, beneficial to, and in the best interests of the Debtors and the Debtors’ estates. The
services rendered were consistently performed in a timely manner commensurate with the
complexity, importance and nature of the issues involved. In accordance with the factors
enumerated in section 330 of the Bankruptcy Code, it is respectfully submitted that the amount
requested by Applicant is fair and reasonable given (a) the complexity of these cases, (b) the time
Case 24-11217-BLS Doc 932 Filed 01/15/25 Page 8 of 17

expended, (c) the nature and extent of the services rendered, (d) the value of such services, and (e)
the costs of comparable services other than in a case under this title.
Notice
20.
Cole Schotz will provide notice and serve this Application on the Application
Recipients (as defined and set forth in the Interim Compensation Order) and the Fee Examiner. In
light of the nature of the relief requested in this Application, Cole Schotz submits that no other or
further notice is required.
No Prior Request
21.
No prior request for the relief sought in the Application has been made to this or
any other court.
Certification of Compliance and Waiver
22.
The undersigned representative of Cole Schotz certifies that he has reviewed the
requirements of Local Rule 2016-2, and that the Application substantially complies with that Local
Rule. To the extent that the Application does not comply in all respects with the requirements of
Local Rule 2016-2, Cole Schotz believes that such deviations are not material and respectfully
requests that any such requirements be waived.
[Remainder of Page Intentionally Left Blank]
Case 24-11217-BLS Doc 932 Filed 01/15/25 Page 9 of 17

Conclusion
WHEREFORE, Cole Schotz respectfully requests the Court enter an order (a) approving
the Application; (b) awarding Cole Schotz compensation for the Final Fee Period in the amount of
$3,131,085.00 and reimbursement for actual and necessary expenses in the amount of $16,601.99;
(c) authorizing the payment of such sums to Cole Schotz; and (d) granting such other and further
relief as the Court may deem just and proper.
Dated: January 15, 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
and Debtors in Possession
and Debtors in Possession
Case 24-11217-BLS Doc 932 Filed 01/15/25 Page 10 of 17

VYAIRE MEDICAL, INC., ET AL.
CUSTOMARY AND COMPARABLE COMPENSATION DISCLOSURES
The aggregate hourly rate for all Cole Schotz Delaware, New Jersey and New York non-
bankruptcy timekeepers (including both attorneys and paralegals) (the “Non-Bankruptcy Blended
Rate”) for the year ending December 31, 2023 (the “Comparable Period”) was $545.85 per hour,
and the aggregate hourly rate for all Cole Schotz Delaware, New Jersey and New York bankruptcy
timekeepers (including both attorneys and paralegals) (the “Bankruptcy Blended Rate”) for the
Comparable Period was $637.37 per hour.
The blended hourly rate for all Cole Schotz timekeepers (including both attorneys and
paralegals) who provided services to the Debtors during the Final Fee Period was approximately
$668.04 per hour.
Category of
Timekeeper
2023
Bankruptcy
Blended Rate
2023 Non-
Bankruptcy
Blended Rate
Final Fee Period
Blended Rate
Member
$765.64
$665.22
$777.02
Special Counsel
N/A
$673.65
$644.64
Associate
$475.36
$421.60
$517.05
Paralegal
$356.74
$335.20
$386.70
Aggregate
$637.37
$545.85
$668.04
Case 24-11217-BLS Doc 932 Filed 01/15/25 Page 11 of 17

VYAIRE MEDICAL, INC., ET AL.
BUDGET AND BILLING BY PROJECT CATEGORY
JUNE 9, 2024 THROUGH NOVEMBER 14, 2024
Project Category
Budgeted
Hours
Budgeted
Fees
Total
Hours
Total
Fees
Asset Acquisitions/Business Combinations
10.0
$6,350.00
0.7
$1,032.50
Asset Analysis and Recovery
5.0
$3,175.00
0.4
$340.00
Asset Dispositions, Sales, Uses, and Leases
350.0
$222,250.00
299.9
$188,447.50
Automatic Stay Matters/Litigation
25.0
$15,875.00
8.1
$5,904.50
Business Operations
10.0
$6,350.00
12.7
$9,457.00
Case Administration
300.0
$190,500.00
275.2
$185,143.00
Cash Collateral and DIP Financing
40.0
$25,400.00
29.9
$20,434.00
Claims Analysis, Administration and Objections
25.0
$15,875.00
18.4
$11,769.50
Committee Matters and Creditor Meetings
10.0
$6,350.00
1.0
$786.00
Creditor Inquiries
10.0
$6,350.00
3.3
$2,650.50
Disclosure Statement/Voting Issues
140.0
$88,900.00
132.2
$88,276.50
Document Review
5.0
$3,175.00
0.8
$920.00
Document Review/Committee Investigation
5.0
$3,175.00
0.6
$690.00
Employee Matters
25.0
$15,875.00
17.9
$12,435.00
Executory Contracts
125.0
$79,375.00
111.9
$78,705.00
Fee Application Matters/Objections
100.0
$63,500.00
99.4
$53,695.50
Foreign Law/Proceedings/Regs;
Non-Debtor Affiliate JV Matter
5.0
$3,175.00
1.0
$900.00
General
10.0
$6,350.00
9.5
$4,889.50
General Corporate
5.0
$3,175.00
0.4
$284.00
Leases (Real Property)
25.0
$15,875.00
16.7
$9,999.50
Litigation/Gen. (Except Automatic Stay)
75.0
$47,625.00
59.8
$46,809.00
Other Investigative Matters
1,725.0
$1,095,375.00
1,697.9
$1,128,503.00
Preparation for and Attendance at Hearings
175.0
$111,125.00
155.6
$90,561.00
Reorganization Plan
475.0
$301,625.00
468.9
$346,575.50
Reports, Statements and Schedules
50.0
$31,750.00
50.9
$33,686.50
Retention Matters
110.0
$69,850.00
104.4
$54,359.50
Rule 2004 Motions and Subpoenas
1,000.0
$635,000.00
1,004.9
$684,689.50
Tax/General
20.0
$12,700.00
10.5
$6,758.50
U.S. Trustee Matters and Meetings
35.0
$22,225.00
31.3
$15,268.50
Utilities/Sec. 366 Issues
10.0
$6,350.00
5.5
$3,682.00
Valuation
5.0
$3,175.00
0.5
$402.50
Vendor Matters
75.0
$47,625.00
70.8
$52,384.50
TOTAL
4,985.0
$3,165,475.00
4,701.0
$3,140,439.50
VOLUNTARY REDUCTION AGREED TO WITH U.S. TRUSTEE AND FEE EXAMINER
9,354.50
TOTAL WITH REDUCTIONS
3,131,085.00
Case 24-11217-BLS Doc 932 Filed 01/15/25 Page 12 of 17

SUMMARY OF BILLING BY PROFESSIONAL
JUNE 9, 2024 THROUGH NOVEMBER 14, 2024
Attorney Name
Year
Admitted
Position
(Department)
Hourly
Billing Rate
Total Hours
Billed
Total
Compensation
Michael D. Sirota
1986
Member
(Bankruptcy)
$1,475.00
11.1
$16,372.50
$1,575.00
12.0
$18,900.00
Warren A. Usatine
1995
Member
(Bankruptcy &
Litigation)
$1,150.00
55.6
$63,940.00
$1,250.00
20.8
$26,000.00
Steven L. Klepper
1993
Member
(Litigation)
$875.00
180.2
$157,675.00
$960.00
17.8
$17,088.00
Felice Yudkin
2005
Member
(Bankruptcy)
$940.00
0.6
$564.00
J. Jeffrey Cash
2003
Member
(Corporate)
$875.00
75.9
$66,412.50
$960.00
3.0
$2,880.00
Patrick J. Reilley
2003
Member
(Bankruptcy)
$805.00
179.7
$144,658.50
$900.00
198.6
$178,740.00
Jason R. Melzer
2001
Member
(Litigation)
$800.00
199.3
$159,440.00
$875.00
77.6
$67,900.00
Daniel J. Harris
2008
Member
(Bankruptcy)
$850.00
89.2
$75,820.00
Jamie Clare
1994
Member
(Litigation)
$780.00
75.5
$58,890.00
$800.00
129.2
$103,360.00
Stacy L. Newman
2007
Member
(Bankruptcy)
$725.00
130.8
$94,830.00
$800.00
109.8
$87,840.00
Rachel A. Mongiello
2010
Member
(Litigation)
$650.00
179.3
$116,545.00
$730.00
167.9
$122,543.00
Matteo Percontino
2010
Member
(Bankruptcy)
$710.00
383.7
$272,427.00
Megan B. Kilzy
2010
Member
(Litigation)
$625.00
148.5
$92,812.50
$700.00
69.6
$48,720.00
Marissa A. Mastrianni
2015
Member
(Employment
& Litigation)
$700.00
8.0
$5,600.00
Krista L. Kulp
Member
(Bankruptcy)
$600.00
81.8
$49,080.00
H.C. Jones, III
2016
Member
(Bankruptcy &
Litigation)
$540.00
98.5
$53,190.00
$650.00
9.1
$5,915.00
Jamie A. Quick
2001
Special
Counsel
(Litigation)
$620.00
71.5
$44,330.00
$700.00
163.3
$114,310.00
Brandon M. Fierro
2012
Special
Counsel
(Litigation)
$560.00
86.0
$48,160.00
Case 24-11217-BLS Doc 932 Filed 01/15/25 Page 13 of 17

Attorney Name
Year
Admitted
Position
(Department)
Hourly
Billing Rate
Total Hours
Billed
Total
Compensation
Andreas A. Apostolides
2013
Associate
(Tax)
$580.00
49.3
$28,594.00
$650.00
60.0
$39,000.00
Ian R. Phillips
2015
Associate
(Litigation)
$550.00
88.8
$48,840.00
$650.00
137.9
$89,635.00
Michael E. Fitzpatrick
2022
Associate
(Bankruptcy)
$500.00
265.9
$132,950.00
$575.00
227.0
$130,525.00
Jack M. Dougherty
2021
Associate
(Bankruptcy)
$575.00
28.6
$16,445.00
Marian A. Bekheet
2015
Associate
(Tax)
$480.00
84.0
$40,320.00
$565.00
53.8
$30,397.00
Patrick E. Parrish
2019
Associate
(Real Estate)
$550.00
6.2
$3,410.00
Arjun Padmanabhan
2022
Associate
(Litigation)
$385.00
50.5
$19,442.50
$455.00
63.0
$28,665.00
Melissa M. Hartlipp
2022
Associate
(Bankruptcy)
$385.00
38.9
$14,976.50
$430.00
19.1
$8,213.00
Adam H. Bouvier
2023
Associate
(Corporate)
$350.00
28.7
$10,045.00
$415.00
92.5
$38,387.50
Dalila E. Haden
2023
Associate
(Litigation)
$350.00
33.4
$11,690.00
$415.00
46.3
$18,837.50
Patt Feuerbach
N/A
Senior
eDiscovery
Analyst
$435.00
12.8
$5,568.00
$455.00
1.5
$682.50
Amanda M. Cook
N/A
Litigation
Support
$510.00
9.6
$4,896.00
$535.00
3.0
$1,605.00
Carinda E. Hardison
N/A
Litigation
Support
$425.00
1.2
$510.00
Larry S. Morton
N/A
Paralegal
(Bankruptcy)
$380.00
172.2
$65,436.00
$400.00
70.8
$28,320.00
Pauline Ratkowiak
N/A
Paralegal
(Bankruptcy)
$385.00
6.9
$2,656.50
$405.00
12.3
$4,981.50
Christine M. Challis
N/A
Paralegal
(Litigation)
$315.00
0.2
$63.00
Caroline De Courcey
N/A
Legal Practice
Assistant
$150.00
2.7
$405.00
VOLUNTARY REDUCTION AGREED TO
WITH U.S. TRUSTEE AND FEE EXAMINER
N/A
$9,354.50
TOTAL
4,107.0
$3,131,085.00
Total Requested Compensation (with voluntary reduction): $3,131,085.00
Total Attorney Compensation:
$3,025,316.00
Blended Rate All Attorneys:
$686.36
Blended Rate All Timekeepers:
$668.04
Case 24-11217-BLS Doc 932 Filed 01/15/25 Page 14 of 17

VYAIRE MEDICAL, INC., ET AL.
SUMMARY OF BILLING BY EXPENSE CATEGORY
JUNE 9, 2024 THROUGH NOVEMBER 14, 2024
Expense Category
Service Provider
(if applicable)
Total Expenses
Photocopying/Printing/Scanning
(6,592 pages @ $0.10 per page)
$659.20
Outside Photocopying
Reliable/Parcels
$3,191.46
Delivery/Couriers
Reliable/Parcels
$5,928.80
Court Fees
PACER Service Center
$1,383.90
Filing Fees
U.S. Bankruptcy Court;
U.S. District Court
$550.00
Datahost
Relativity
$559.00
Luncheon/Dinner Conferences for Hearings
$1,545.15
Transcripts
Reliable/Parcels
$1,919.90
Online Research
Westlaw/LexisNexis
$864.58
TOTAL
$16,601.99
Case 24-11217-BLS Doc 932 Filed 01/15/25 Page 15 of 17

VYAIRE MEDICAL, INC., ET AL.
STAFFING PLAN FOR COLE SCHOTZ P.C.
JUNE 9, 2024 – NOVEMBER 14, 2024
ALL FIGURES ARE ESTIMATES
Category
of Timekeeper
Estimated Number of Timekeepers Expected to
Work on Matters During the Budget Period
Average
Hourly Rate
Members &
Special Counsel
18
$750.00
Associates
10
$480.00
Paralegals
2
$380.00
Estimated Blended Hourly Rate:
$635.00
Case 24-11217-BLS Doc 932 Filed 01/15/25 Page 16 of 17

SUMMARY OF FINAL FEE APPLICATION
Name of Applicant
Cole Schotz P.C.
Name of Client
Vyaire Medical, Inc., et al.
Fee period covered by Application
June 9, 2024 through November 14, 2024
Total compensation sought during Final Fee Period
$3,131,085.00
Total expenses sought during Final Fee Period
$16,601.99
Petition Date
June 9, 2024
Retention Date
June 9, 2024
Date of order approving employment
July 30, 2024
Total compensation and expenses approved by interim order to
date
$1,548,894.48
Total allowed compensation paid to date
$1,539,539.98
Total allowed expenses paid to date
$9,477.34
Blended rate in Application for all Attorneys
$686.36
Blended rate in Application for all Timekeepers
$668.04
Compensation sought in this Application already paid pursuant
to a monthly compensation order but not yet allowed
$1,333,657.00
Expenses sought in this Application already paid pursuant to a
monthly compensation order but not yet allowed
$9,477.34
Number of professionals included in this Application
35
If applicable, number of professionals in this Application not
included in staffing plan
N/A
If applicable, difference between fees budgeted and
compensation sought for this Final Fee Period
Budgeted: $3,165,475.00
Difference: ($34,390.00)
Number of professionals billing fewer than 15 hours
to the case during this Final Fee Period:
8
Are any rates higher than those approved or disclosed at
retention? If yes, calculate and disclose the total compensation
sought in this Application using the rates originally disclosed in
the retention application:
Cole Schotz increased its rates on September 1,
2024.1 Without such rate increase, the total fees
sought in this Application would have been
$3,075,801.50.
1
See Notice of Increase of the Hourly Rates of Professionals [Docket No. 490].
Case 24-11217-BLS Doc 932 Filed 01/15/25 Page 17 of 17

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Vyaire - CS Final Fee App (June to November) — In re Vyaire Medical, Inc., et al.

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