Full text
Exhibit A
Case 24-11217-BLS Doc 1050-1 Filed 03/31/25 Page 1 of 4
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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.
)
)
CERTIFICATION OF DAVID M. KLAUDER
1.
I am an attorney admitted to practice in the State of Delaware and before this
Court.
2.
I am making this certification regarding the First Interim and Final Application of
Bielli & Klauder, LLC (“BK”) for Compensation for Services Rendered and Reimbursement of
Expenses as Counsel to Fee Examiner, for the Period from October 30, 2024 through March 28,
2025 (the “Application”), to certify certain matters addressed in the Order Establishing Procedures
for Interim Compensation and Reimbursement of Expenses of Professionals [Docket No. 218] (the
“Interim Compensation Order”).
3.
Specifically, I have reviewed the Application and I hereby certify that such
application complies with the Interim Compensation Order and the applicable provisions of the
Bankruptcy Code, the Bankruptcy Rules, and the Local Rules. I hereby certify that, in accordance
with the Interim Compensation Order, and in connection with preparing the Application, the Fee
Examiner has made a reasonable effort to comply with the U.S. Trustee’s requests for information
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 1050-1 Filed 03/31/25 Page 2 of 4
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and additional disclosures set forth in the Guidelines for Reviewing Applications for Compensation
and Reimbursement of Expenses Filed Under 11 U.S.C. § 330 by Attorneys in Larger Chapter 11
Cases, effective November 1, 2013 (the “U.S. Trustee Guidelines”). To that end, BK specifically
responds to certain questions identified in the U.S. Trustee Guidelines as follows:
Question 1: Did BK agree to any variations from, or alternatives to, BK’s 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.
Answer: No.
Question 2: If the fees sought in the Application are higher than the fees budgeted
by 10% or more, did BK discuss the reasons for the variation with the Client?
Answer: The fees sought in the Application are less than the fees budgeted for the
time period covered by such application.
Question 3: Have any of the professionals included in the Application varied their
hourly rate based on geographic location of the bankruptcy case?
Answer: No.
Question 4: Does the Application include time or fees related to reviewing or
revising time records or preparing, reviewing, or revising invoices?
Answer: No.
Question 5: Does the Application include time for fees for reviewing time records
to redact any privileged or other confidential information? If so, please quantify
hours and fees.
Answer: No.
Question 6: Does the Application include any rate increases since retention in this
case?
Answer: No.
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Dated: March 31, 2025
BIELLI & KLAUDER, LLC
/s/ David M. Klauder
David M. Klauder (No. 5769)
1204 N. King Street
Wilmington, DE 19801
Telephone: (302) 803-4600
dklauder@bk-legal.com
Fee Examiner
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