Certification of David M. Klauder, Fee Examiner (Exhibit A) — In re Vyaire Medical, Chapter 11 (March 31, 2025)

Summary

Exhibit A to a fee application in the Vyaire Medical Chapter 11 case, Case 24-11217-BLS, in the United States Bankruptcy Court for the District of Delaware: a certification of David M. Klauder, the Fee Examiner. It concerns the First Interim and Final Application of David M. Klauder, LLC for compensation and reimbursement of expenses for the period from October 30, 2024 through March 28, 2025. Klauder certifies that the application complies with the Interim Compensation Order, the Bankruptcy Code, the Bankruptcy Rules and the Local Rules, and answers questions from the U.S. Trustee Guidelines. The answers include that the fees sought are less than the fees budgeted for the period. The certification is dated March 31, 2025 and carries /s/ David M. Klauder.

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Full text

Exhibit A

Case 24-11217-BLS    Doc 1051-1    Filed 03/31/25    Page 1 of 3

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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
David M. Klauder, LLC (“Fee Examiner”) for Compensation for Services Rendered and
Reimbursement of Expenses as Fee Examiner, for the Period from October 30, 2024 through March
28, 2025 (the “Application”), to certify to 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
and additional disclosures set forth in the Guidelines for Reviewing Applications for Compensation

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 1051-1    Filed 03/31/25    Page 2 of 3

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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, the Fee Examiner
specifically responds to certain questions identified in the U.S. Trustee Guidelines as follows:
Question 1: Did the Fee Examiner agree to any variations from, or alternatives to, the Fee
Examiner’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 the Fee Examiner 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.

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
Case 24-11217-BLS    Doc 1051-1    Filed 03/31/25    Page 3 of 3

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