Vyaire - COC re Fourth Omnibus Objection to Claims
- Date
- 2025-05-08
Summary
A Certification of Counsel Regarding the Plan Administrator's Fourth Omnibus Objection (Substantive) to Certain Claims, filed June 6, 2025 as Doc 1099 in In re Vyaire Medical, Inc., Case No. 24-11217 (BLS), in the United States Bankruptcy Court for the District of Delaware. It states that the Plan Administrator filed the objection to no liability, reclassified and overstated claims on May 8, 2025 [Docket No. 1082], with a hearing set for June 11, 2025. It reports that counsel to Owens & Minor Distributions, Inc. sought more time to respond as to Claim No. 223, so the proposed order was revised to remove that claim and adjourn its hearing. No other responses were received, and the certification asks the Court to enter the Revised Proposed Order, attached as Exhibit A with a redline as Exhibit B. It is signed by Cole Schotz P.C. as counsel to the Plan Administrator.
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Case 24-11217-BLS Doc 1099 Filed 06/06/25 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 No. 1082
CERTIFICATION OF COUNSEL REGARDING PLAN ADMINISTRATOR’S FOURTH
OMNIBUS OBJECTION (SUBSTANTIVE) TO CERTAIN CLAIMS
(No Liability Claims, Reclassified Claims, and Overstated Claims)
The undersigned counsel to David M. Barse, solely in his capacity as the Plan
Administrator of Vyaire Medical, Inc., et al. (the “Plan Administrator”), hereby certifies as
follows:
1. On May 8, 2025, the Plan Administrator filed the Plan Administrator’s Fourth
Omnibus Objection (Substantive) to Certain Claims (No Liability Claims, Reclassified Claims,
and Overstated Claims) [Docket No. 1082] (the “Objection”) with the United States Bankruptcy
Court for the District of Delaware (the “Court”). Attached thereto as Exhibit A was a proposed
form of order granting the relief requested in the Objection (the “Proposed Order”).
2. Pursuant to the Notice of the Plan Administrator’s Fourth Omnibus Objection
(Substantive) to Certain Claims (No Liability Claims, Reclassified Claims, and Overstated Claims)
[Docket No. 1082-1] (the “Notice of Objection”), responses to the Objection were required to have
been filed with the Court and served on undersigned counsel no later than 4:00 p.m. (ET) on June
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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 600, Wilmington,
DE 19801.
Case 24-11217-BLS Doc 1099 Filed 06/06/25 Page 2 of 3
4, 2025 (the “Response Deadline”). The Notice of Objection also provided notice that a hearing
on the Objection is scheduled for June 11, 2025 at 10:30 a.m. (ET) (the “Hearing”).
3. Prior to the Response Deadline, the Plan Administrator received correspondence
from counsel to Owens & Minor Distributions, Inc. (“Owens & Minor”) requesting an extension
of time to respond to the Objection as to Owens & Minor’s Claim No. 223 set forth in Schedules
1 and 2 of the Proposed Order. Upon review of the correspondence, the Plan Administrator has
revised the Proposed Order to (i) remove the claim from Schedules 1 and 2 to the Proposed Order
granting the Objection, and (ii) adjourn the hearing on that claim to a date to be determined, on
agreement of the parties.
4. Other than the Owens & Minor response, the Plan Administrator has not received
any other responses to the Objection, and none have been filed on the docket.
5. Accordingly, the Plan Administrator respectfully requests that the Court enter the
revised proposed form of order (the “Revised Proposed Order”) sustaining the Objection as to all
claims other than the Owens & Minor Claim, which has been removed from the Revised Proposed
Order.
6. The Revised Proposed Order is attached hereto as Exhibit A.
7. A redline comparing the Revised Proposed Order against the Proposed Order filed
with the Objection is attached hereto as Exhibit B.
8. The Plan Administrator respectfully requests that the Court enter the Revised
Proposed Order at its earliest convenience.
[Remainder of Page Intentionally Left Blank]
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Case 24-11217-BLS Doc 1099 Filed 06/06/25 Page 3 of 3
Dated: June 6, 2025
Wilmington, Delaware
/s/ Patrick J. Reilley
COLE SCHOTZ P.C.
Patrick J. Reilley (No. 4451)
Stacy L. Newman (No. 5044)
500 Delaware Avenue, Suite 600
Wilmington, Delaware 19801
Telephone: (302) 652-3131
Facsimile: (302) 652-3117
Email: preilley@coleschotz.com
snewman@coleschotz.com
- and -
Matteo Percontino, Esq. (admitted pro hac vice)
Court Plaza North, 25 Main Street
Hackensack, New Jersey 07601
Telephone: (201) 489-3000
Facsimile: (201) 489-1536
Email: mpercontino@coleschotz.com
Counsel to David M. Barse, solely in his
capacity as the Plan Administrator of Vyaire
Medical, Inc., et al.
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