Vyaire - COC re Third Omnibus Objection to Claims — In re Vyaire Medical, Inc., Case No. 24-11217 (BLS)

Source document: Vyaire - COC re Third Omnibus Objection to Claims; document type: certification of counsel (Chapter 11 claims objection).

Full text

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. 1081
CERTIFICATION OF COUNSEL REGARDING PLAN ADMINISTRATOR’S THIRD
OMNIBUS OBJECTION (NON-SUBSTANTIVE) TO CERTAIN CLAIMS
(Duplicate, Late Filed, Insufficient Documentation)
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 Third
Omnibus Objection (Non-Substantive) to Certain Claims (Duplicate, Late Filed, Insufficient
Documentation) [Docket No. 1081] (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 Third Omnibus Objection (Non-
Substantive) to Certain Claims (Duplicate, Late Filed, Insufficient Documentation) [Docket No.
1081-1] (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 4, 2025
1
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.
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(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 an informal
response to the Objection from Hogan Lovells US LLP (“Hogan Lovells”) with respect to Claim
No. 239 set forth on Schedule 2 to the Proposed Order. Upon review of the correspondence, the
Plan Administrator has determined that the claim should be removed from the Objection and
revised the Proposed Order to remove the claim from Schedule 2.
4.
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 on Schedule
3 to the Proposed Order.  Upon review of the correspondence, the Plan Administrator has revised
the Proposed Order to (i) remove the claim from Schedule 3 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.
5.
Prior to the Response Deadline, the Plan Administrator received correspondence
from the Georgia Department of Revenue (“Georgia DOR”) informing him that it has withdrawn
the duplicate claim which is subject to the Objection. Upon review of the withdrawal of claim filed
by the Georgia DOR at Docket No. 1093, the Plan Administrator has determined that the Objection
to Georgia DOR’s Claim No. 2 was rendered moot, and thus removed that claim from Schedule 1
to the Proposed Order.
6.
On June 3, 2025, the Tennessee Department of Revenue (“TDOR”) filed the
Response by the Tennessee Department of Revenue to the Plan Administrator’s Third Omnibus
Objection to Claims [Docket No. 1095] (the “TDOR Response”) with respect to Claim No. 216
filed against Vyaire Medical Inc., Claim No. 8 filed against Vyaire Medical 202 Inc., and Claim
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No. 32 filed against Vyaire Medical 211, Inc. set forth on Schedule 2 to the Proposed Order.
Following the filing of the TDOR Response, the parties agreed to an adjournment of the Objection
as it relates to TDOR’s claims. Thus, the Plan Administrator has revised the Proposed Order to (i)
remove the claims from Schedule 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.
7.
Other than the responses of Hogan Lovells, Owens & Minor, Georgia Department
of Revenue, and TDOR, the Plan Administrator has not received any other responses to the
Objection, and none have been filed on the docket.
8.
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 Hogan Lovells, Owens & Minor Claims, the Georgia DOR, and TDOR which
have been removed from the Revised Proposed Order.
9.
The Revised Proposed Order is attached hereto as Exhibit A.
10.
A redline comparing the Revised Proposed Order against the Proposed Order filed
with the Objection is attached hereto as Exhibit B.
11.
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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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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