Omni Agent Solutions, Inc. for Allowance of Compensation for Services Rendered and Reimbursement of Expenses (Dkt. 934, Bankr. D. Del.)
Summary
A summary and final fee application of Omni Agent Solutions, Inc. as administrative agent to the Debtors, Doc 934 filed January 15, 2025 in In re Vyaire Medical, Inc., et al., Case No. 24-11217 (BLS), in the U.S. Bankruptcy Court for the District of Delaware. It seeks compensation of $37,679.20 and $0.00 in expense reimbursement for the period June 9, 2024 through November 14, 2024, and lists an objection deadline of February 5, 2025 and a hearing date of March 5, 2025. The summary shows a subtotal of $47,099.00 less a discount of ($9,419.80) for Solicitation/Balloting. The application asks the court to allow and direct payment of that compensation as a final allowance, and is dated January 15, 2025 under the name of Paul H. Deutch, Executive Vice President.
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- Date
- 2025-03-05
Cite this document
“Omni Agent Solutions, Inc. for Allowance of Compensation for Services Rendered and Reimbursement of Expenses (Dkt. 934).”
Original at ecf.deb.uscourts.gov, dated 2025-03-05. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2025-03-05-microsoft-word-vyaire-omni-final-fee-application-49197198-1-docx/
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Case 24-11217-BLS Doc 934 Filed 01/15/25 Page 1 of 10
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)
SUMMARY OF FINAL FEE APPLICATION OF
OMNI AGENT SOLUTIONS, INC. FOR ALLOWANCE OF COMPENSATION FOR
SERVICES RENDERED AND REIMBURSEMENT OF EXPENSES INCURRED AS
ADMINISTRATIVE AGENT TO THE DEBTORS AND DEBTORS IN POSSESSION
FOR THE PERIOD FROM JUNE 9, 2024, THROUGH NOVEMBER 14, 2024
Name of applicant: Omni Agent Solutions, Inc.
Authorized to provide Debtors and Debtors in Possession
professional services to:
Date of retention: Order entered July 30, 2024
effective to June 9, 2024
Period for which compensation June 9, 2024 through
and reimbursement is sought: November 14, 2024
Amount of compensation sought as actual, $37,679.20
reasonable and necessary:
Amount of expense reimbursement sought as $0.00
actual, reasonable and necessary:
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.
Case 24-11217-BLS Doc 934 Filed 01/15/25 Page 2 of 10
Summary of Prior Applications
None.
Compensation by Project Category
Category Hours Total
Solicitation/Balloting 227.2 $47,099.00
SUBTOTAL 227.2 $47,099.00
DISCOUNT ---- ($9,419.80)
ADJ. TOTAL 227.2 $37,679.20
Compensation by Professional
Professional Hours Rate Total
Brian Beilinson 0.9 $240.00 $216.00
Cassie
Weatherspoon 2.3 $190.00 $437.00
Emma Guandique 11.8 $190.00 $2,242.00
Javon Couch 0.8 $170.00 $136.00
Jeff Canaber 0.2 $155.00 $31.00
Jeriad Paul 60.1 $240.00 $14,424.00
Kim Steverson 5.7 $240.00 $1,368.00
Kimberly
McDermott 0.5 $180.00 $90.00
Luis Solorzano 3.5 $240.00 $840.00
Madelene
Bermudez 47.1 $220.00 $10,362.00
Marjan Neuman 0.2 $170.00 $34.00
Marjan Neuman 5.7 $170.00 $969.00
Marjan Neuman 7.0 $170.00 $1,190.00
Mark Bishay 2.1 $155.00 $325.50
Michelle Ignacio 9.7 $155.00 $1,503.50
Nathan Panameno 20.4 $185.00 $3,774.00
Paul Deutch 1.0 $240.00 $240.00
Victor Muleki 48.2 $185.00 $8,917.00
SUBTOTAL 227.2 ---- $47,099.00
DISCOUNT ---- ---- ($9,419.80)
ADJ. TOTAL 227.2 ---- $37,679.20
2
Case 24-11217-BLS Doc 934 Filed 01/15/25 Page 3 of 10
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE
)
In re: ) Chapter 11
)
VYAIRE MEDICAL, INC., et al.,2 ) 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 OMNI AGENT SOLUTIONS, INC.
FOR ALLOWANCE OF COMPENSATION FOR SERVICES
RENDERED AND REIMBURSEMENT OF EXPENSES INCURRED AS
ADMINISTRATIVE AGENT TO THE DEBTORS AND DEBTORS IN POSSESSION
FOR THE PERIOD FROM JUNE 9, 2024, THROUGH NOVEMBER 14, 2024
By this application (this “Application”), pursuant to section 330 of title 11 of the United
States Code (the “Bankruptcy Code”), rule 2016 of the Federal Rules of Bankruptcy Procedure
(the “Bankruptcy Rules”), rule 2016-2 of the Local Rules of Bankruptcy Practice and Procedure
for the United States Bankruptcy Court for the District of Delaware (the “Local Rules”), Omni
Agent Solutions, Inc. (“Omni”) hereby seeks reasonable compensation for professional
administrative services rendered to the Debtors (as defined herein) in the amount of $37,679.20
during the period commencing June 9, 2024 through and including November 14, 2024 (the “Fee
Period”).3 In support of this Application, Omni respectfully represents as follows:
2
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.
3
Capitalized terms used but not otherwise defined have meaning ascribed to them in the Application of Debtors
for Entry of an Order Authorizing Debtors to Employ and Retain Omni Agent Solutions, Inc. as Administrative
Agent Effective as of the Petition Date [Docket No. 237] or 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. 719]
(the “Plan”).
3
Case 24-11217-BLS Doc 934 Filed 01/15/25 Page 4 of 10
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 as of
February 29, 2012. This matter is a core proceeding within the meaning of 28 U.S.C. § 157(b)(2).
Omni confirms its consent, pursuant to rule 9013-1(f) of the Local Rules, 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 bases for the relief requested herein are section 330 of the Bankruptcy Code,
Bankruptcy Rule 2016, and Local Rule 2016-2, and the Order (I) Establishing Procedures for
Interim Compensation and Reimbursement of Expenses for Retained Professionals and (II)
Granting Related Relief [Docket No. 218]. A certification pursuant to Local Rule 2016-2 is
attached hereto as Exhibit A.
Background
4. On June 9, 2024 (the “Petition Date”), Vyaire Medical, Inc. and certain of its
subsidiaries (collectively, the “Debtors”) filed with the Court a voluntary petition for relief under
chapter 11 of the Bankruptcy Code, thereby commencing the above-captioned chapter 11 cases.
On June 11, 2024, the Court entered an order [Docket No. 84] authorizing the joint administration
and procedural consolidation of the Debtors chapter 11 cases pursuant to Bankruptcy
Rule 1015(b). On June 26, 2024, the United States Trustee for the District of Delaware (the “U.S.
4
Case 24-11217-BLS Doc 934 Filed 01/15/25 Page 5 of 10
Trustee”) appointed an official committee of unsecured creditors pursuant to section 1102 of the
Bankruptcy Code (the “Committee”) [Docket No. 121].
5. A description of the Debtors’ business, the reasons for commencing these
chapter 11 cases, and the relief sought from the Court to allow for a smooth transition into
chapter 11 are set forth in the Declaration of John Bibb, Group Chief Executive Officer of Vyaire
Medical Inc., in Support of the Debtors’ Chapter 11 Petitions and First Day Motion, filed on
June 10, 2024 [Docket No. 15] and incorporated herein by reference.
6. On July 9, 2024, the Court entered the Interim Compensation Order, which sets
forth the procedures for interim compensation and reimbursement of expenses for all professionals
in these cases.
7. 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] pursuant to which the Court approved and
confirmed the Second Amended Joint Chapter 11 Plan of Vyaire Medical, Inc. and Its Debtor
Affiliates [Docket No. 719]. On November 27, 2024, the Debtors file the Notice of (I) Entry of
Confirmation Order, (II) Occurrence of Effective Date, and (III) Related Bar Dates [Docket No.
810].
Omni’s Retention
8. On June 11, 2024, the Court entered an order [Docket No. 94] (the “Omni 156(c)
Order”) authorizing the employment and retention of Omni as claims and noticing agent to the
Debtors effective as of June 9, 2024. On July 30, 2024, the Court entered an order [Docket No. 334]
(the “Administrative Agent Order”) authorizing the employment and retention of Omni as
administrative agent to the Debtors effective as of June 9, 2024.
5
Case 24-11217-BLS Doc 934 Filed 01/15/25 Page 6 of 10
9. Under the Administrative Agent Order, Omni is authorized to provide the Debtors
with a range of bankruptcy-related administrative services on an as-needed basis pursuant to the
Engagement Agreement, including, among other things, (a) assisting with solicitation, balloting
and tabulation of votes, and preparation of any related reports, as required in support of
confirmation of a chapter 11 plan; (b) preparing an official ballot certification and, if necessary,
testifying in support of the ballot tabulation results; (c) assisting with the preparation of the Debtors’
schedules of assets and liabilities and statements of financial affairs and gathering data in
conjunction therewith; and (d) providing such other administrative services as may be requested
by the Debtors from time to time.
Relief Requested
10. By this Application, Omni requests entry of an order (a) allowing, authorizing, and
directing payment by the Debtors of compensation in the amount of $37,679.20 for necessary
services rendered, and reimbursement of actual and necessary costs in the amount of $0.00 incurred,
by Omni as Administrative Agent to the Debtors during the Fee Period, (b) granting final
allowance of such compensation and cost reimbursement amounts, and (c) granting such other and
further relief as the Court deems just and proper.
Compensation Sought and Paid and its Source
11. All services for which compensation is sought by Omni herein were performed for
or on behalf of the Debtors.
12. Except to the extent of any retainer paid to Omni, Omni has neither sought nor
received any payment or promises for payment from any source during the Fee Period in
connection with the matters described in this Application.
13. There is no agreement or understanding between Omni and any other person, other
than affiliates, partners, managers, directors, and employees of Omni, for sharing of the
6
Case 24-11217-BLS Doc 934 Filed 01/15/25 Page 7 of 10
compensation to be received for services rendered to the Debtors in these bankruptcy cases. The
fees sought by this Application do not include any fees or expenses that may be payable by the
Debtors for services provided by Omni under the Omni 156(c) Order, which provides separate
procedures for the payment of such fees and expenses. Furthermore, no fees or expenses sought
by this Application have been sought to be paid under the Omni 156(c) Order.
Summary of Services Rendered
14. Omni maintains computerized records of the time spent by employees in connection
with Omni’s role as Administrative Agent to the Debtors. A detailed statement of hours spent
rendering services to the Debtors in support of the compensation for fees and expenses incurred
during the Final Fee Period is attached hereto as Exhibit B, which (a) identifies each employee
that rendered services in each task category; (b) describes each service such employees performed;
(c) sets forth the number of hours in increments of one-tenth of an hour spent by each employee
providing services; and (d) as applicable, lists the particular type of expenses incurred.
Fee Period
15. Omni’s employees provided 227.2 hours of services as Administrative Agent to the
Debtors during the Fee Period with a reasonable value of $37,679.20.
16. The following is a summary by category of the professional services provided by
Omni during the Fee Period.
A. Solicitation/Balloting
Total Fees: $37,679.20
Total Hours: 227.2
This category includes all services provided by Omni with respect
to the preparation, solicitation, and tabulation of ballots relating to the Plan.
This category further includes the preparation of the Declaration of Paul H.
Deutch Regarding the Solicitation and Tabulation of Votes On, and Elections
7
Case 24-11217-BLS Doc 934 Filed 01/15/25 Page 8 of 10
to Opt-In to the Third-Party Release in, the Joint Chapter 11 Plan of Vyaire
Medical, Inc. and its Debtor Affiliates.
Compensation Should Be Allowed
17. The foregoing services rendered by Omni as Administrative Agent to the Debtors
during the Fee Period were reasonable, necessary, and appropriate to the administration of these
bankruptcy cases.
18. Section 330 of the Bankruptcy Code provides that a court may award a professional
employed under section 327 of the Bankruptcy Code “reasonable compensation for actual
necessary services rendered . . . and reimbursement for actual, necessary expenses.” 11 U.S.C.
§ 330(a)(1). Section 330 of the Bankruptcy Code also sets forth the criteria for the award of such
compensation and reimbursement:
In determining the amount of reasonable compensation to be
awarded . . . the court should consider the nature, extent, and the value of
such services, taking into account all relevant factors, including
(a) the time spent on such services;
(b) the rates charged for such services;
(c) whether the services were necessary to the administration of,
or beneficial at the time at which the service was rendered toward
the completion of, a case under this title;
(d) whether the services were performed within a reasonable
amount of time commensurate with the complexity, importance, and
nature of the problem, issue, or task addressed;
(e) with respect to a professional person, whether the person is
board certified or otherwise has demonstrated skill and experience
in the bankruptcy field; and
(f) whether the compensation is reasonable based on the
customary compensation charged by comparably skilled
practitioners in cases other than cases under this title.
11 U.S.C. § 330(a)(3).
8
Case 24-11217-BLS Doc 934 Filed 01/15/25 Page 9 of 10
19. Omni submits that the services provided to the Debtors by Omni during the Fee
Period were necessary and appropriate given the complexity of these bankruptcy cases, the issues
involved, the nature and extent of services provided, and the cost of comparable services outside
of bankruptcy. Accordingly, Omni respectfully submits that approval of the compensation and
reimbursement of the expenses sought for the Fee Period should be approved.
20. Omni has reviewed the requirements of Local Rule 2016-2 and believes that this
Application complies with such requirements.
Notice
21. Omni will provide notice of this Application to: (a) the U.S. Trustee; (b) the
Committee; (c) the office of the attorney general for each of the states in which the Debtors operate;
(d) the United States Attorney’s Office for the District of Delaware;
(e) the Internal Revenue Service; (f) the United States Securities and Exchange Commission;
(g) counsel to the 1L Ad Hoc Group; (h) the agent of the DIP Facility and counsel thereto; (i) the
agent of the First Lien Credit Agreement and counsel thereto; (j) the Second Lien Credit
Agreement Agent and counsel thereto; (k) the Notes Agent and counsel thereto; and (l) any party
that has requested notice pursuant to Bankruptcy Rule 2002. In light of the nature of the relief
requested, Omni submits that no other or further notice is required.
No Prior Request
22. No prior application for relief requested herein has been made to this or any other
court.
[Remainder of Page Intentionally Blank]
9
Case 24-11217-BLS Doc 934 Filed 01/15/25 Page 10 of 10
WHEREFORE, Omni respectfully requests entry of an order (a) allowing, authorizing, and
directing payment by the Debtors of compensation in the amount of $37,679.20 for necessary
services rendered, and reimbursement of actual and necessary costs in the amount of $0.00 incurred,
by Omni as Administrative Agent to the Debtors during the Fee Period, (b) granting final
allowance of such compensation and cost reimbursement amounts, and (c) granting such other and
further relief as the Court deems just and proper.
Dated: January 15, 2025 OMNI AGENT SOLUTIONS, INC.
New York, New York
/s/ Paul H. Deutch
Paul H. Deutch
Executive Vice President
Omni Agent Solutions, Inc.
1120 Avenue of the Americas, 4th Floor
New York, NY 10036
pdeutch@omniagnt.com
Administrative Agent for the Debtors and
Debtors-in-Possession
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