Vyaire - Fourth Omnibus Claims Objection to Claims (Substantive) No Liability Reclassified and Overstated
- Date
- 2025-05-08
Summary
Doc 1082-3, filed May 8, 2025 in In re: Vyaire Medical, Inc., Case No. 24-11217 (BLS), in the U.S. Bankruptcy Court for the District of Delaware, is Exhibit B, the declaration of a Director with AP Services, LLC. The declaration supports the Plan Administrator's Fourth Omnibus Objection (Substantive) to Certain Claims. It states that AP Services was retained by the Plan Administrator to help reconcile claims and wind down the cases under the Plan and Confirmation Order. The declaration states that the declarant and/or AP Services individuals under the declarant's direction reviewed the Debtors' books and records and the proofs of claim on Schedules 1, 2, and 3 to the Proposed Order, and determined each claim should be disallowed and expunged, reclassified, or modified. It is declared true under section 1746 of title 28 to the best of the declarant's knowledge and runs 3 pages.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Full text
Case 24-11217-BLS Doc 1082-3 Filed 05/08/25 Page 1 of 3
EXHIBIT B
Amico Declaration
Case 24-11217-BLS Doc 1082-3 Filed 05/08/25 Page 2 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. )
)
DECLARATION OF JOEL AMICO OF AP SERVICES, LLC IN SUPPORT OF PLAN
ADMINISTRATOR’S FOURTH OMNIBUS OBJECTION (SUBSTANTIVE) TO
CERTAIN CLAIMS
I, Joel Amico, pursuant to section 1746 of title 28 of the United States Code, hereby
declare that the following is true and correct to the best of my knowledge, information and
belief:
1. I am a Director with AP Services, LLC (“AP Services”). AP Services was
retained by the Plan Administrator as a consultant to, among other things, assist with the
reconciliation of claims filed against the Debtors’ estates and facilitate the wind-down of the
Debtors’ cases pursuant to the Plan and Confirmation Order. I have more than 20 years of
experience in the restructuring industry, including many years of providing consulting and
advisory services in both pre-confirmation and post-confirmation chapter 11 cases.
2. I submit this declaration (the “Declaration”) in support of the Plan
Administrator’s Fourth Omnibus Objection (Substantive) to Certain Claims (the “Objection”),
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 “Confirmation Order”). 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 1082-3 Filed 05/08/25 Page 3 of 3
filed contemporaneously herewith.2 I am over the age of 18, competent to testify and authorized
to submit the Declaration on behalf of the Plan Administrator.
3. Every matter set forth herein is based on (a) my personal knowledge and
experience as a Director with AP Services and an authorized representative of the Plan
Administrator, (b) my review, or the review of work performed by other AP Services consultants
whom I oversee in a managerial capacity, of relevant documents, and/or (c) my understanding
based on information obtained from the Debtors’ books and records.
4. I have read and reviewed the Objection, including the information set forth on
Schedules 1, 2, and 3 to the Proposed Order, and I am familiar with the information contained in
those documents.
5. To the best of my knowledge, information and belief, the information that is
contained in the Objection is true and correct.
6. I, and/or one or more individuals at AP Services working under my direction,
have reviewed the Debtors’ books and records and proofs of claim listed on Schedules 1, 2, and
3 to the Proposed Order, together with any supporting documentation attached thereto, made
reasonable efforts to research the Disputed Claims in the Debtors’ books and records and have
determined each claim should be disallowed and expunged, reclassified, or modified for the
reasons and in the manner set forth on Schedules 1, 2, and 3.
I declare under penalty of perjury that the foregoing is true and correct to the best of my
knowledge, information and belief.
Dated: May 8, 2025
/s/ Joel Amico
JOEL AMICO
2
Capitalized terms not defined herein have the meanings ascribed to them in the Objection.
2
File and source
- File
- gov.uscourts.deb.193283.1082.3.pdf
- Size
- 53,237 bytes
- SHA-256
- 3c0332fdc85227f712a34ce9cada458b7c5c84957d73275edae3888ce650c567
- Original
- PACER (login required)