Vyaire - COC re Fourth Omnibus Objection to Claims
- Date
- 2025-06-06
Summary
An Order Granting and Sustaining Plan Administrator's Fourth Omnibus Objection (Substantive) to Certain Claims, filed June 6, 2025 as Doc 1102 in In re Vyaire Medical, Inc., Case No. 24-11217 (BLS), in the U.S. Bankruptcy Court for the District of Delaware, re Docket No. 1082. The order, signed by United States Bankruptcy Judge Brendan L. Shannon, disallows and expunges each No Liability Claim on Schedule 1, reclassifies each claim on Schedule 2, and modifies each Overstated Claim on Schedule 3. It directs Omni Agent Solutions, Inc., the claims and noticing agent, to revise the claims register. It treats each disputed claim as a separate contested matter under Bankruptcy Rule 9014 and preserves rights to object to the claims on other grounds. The order is three pages.
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Full text
Case 24-11217-BLS Doc 1102 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
)
ORDER GRANTING AND SUSTAINING PLAN ADMINISTRATOR’S FOURTH
OMNIBUS OBJECTION (SUBSTANTIVE) TO CERTAIN CLAIMS
Upon consideration of the Plan Administrator’s Fourth Omnibus Objection (Substantive)
to Certain Claims (the “Objection”);2 and the Court having jurisdiction over this core proceeding
under 28 U.S.C. §§ 157 and 1334; and venue of this matter in the District of Delaware being
proper under 28 U.S.C. §§ 1408 and 1409; and the Court having reviewed the Objection, the
Disputed Claims listed on Schedule 1, Schedule 2, and Schedule 3 hereto, the Amico
Declaration, any responses to the Objection, and any replies to those responses; and due notice of
the Objection having been provided; and the relief sought by the Objection being in the best
interests of the Debtors, the Debtors’ creditors and all other parties in interest; and after due
deliberation thereon and good and sufficient cause appearing therefor, it is hereby
ORDERED, ADJUDGED AND DECREED THAT:
1. The Objection is GRANTED to the extent set forth herein.
2. Each No Liability Claim listed on Schedule 1 hereto is hereby disallowed and
expunged in its entirety.
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 1102 Filed 06/06/25 Page 2 of 3
3. Each Reclassified Claim listed on Schedule 2 hereto is hereby reclassified as set
forth in the “Modified Classification Status & Amount” and “Reason for Reclassification”
columns therein.
4. Each Overstated Claim listed on Schedule 3 hereto is hereby modified as set forth
in the “Modified Claim Amount” and “Reason for Modification” columns therein.
5. The Plan Administrator is authorized to take any action necessary or appropriate
to give effect to this Order and the relief granted therein.
6. Omni Agent Solutions, Inc., the Court-appointed claims and noticing agent in the
chapter 11 cases, is hereby authorized and directed to make such revisions to the official claims
register as are necessary to reflect the relief granted in this Order.
7. The Plan Administrator, the Debtors and their estates, any successors thereto and
any other party in interest shall retain and shall have the right to object in the future to any of the
claims listed on Schedules 1, 2, and 3 on any additional grounds, and the Plan Administrator
shall retain and shall have the right to amend, modify and/or supplement the Objection as may be
necessary.
8. The Plan Administrator’s objection to each Disputed Claim addressed in the
Objection constitutes a separate contested matter as contemplated by Bankruptcy Rule 9014.
This Order shall be deemed a separate order with respect to each Disputed Claim. Any stay of
this Order pending appeal by any of the claimants subject to this Order shall only apply to the
contested matter which involves such claimant and shall not act to stay the applicability and/or
finality of this Order with respect to the other contested matters covered hereby.
2
Capitalized terms not defined herein shall have the meanings ascribed to the terms in the Objection.
2
Case 24-11217-BLS Doc 1102 Filed 06/06/25 Page 3 of 3
9. This Order is without prejudice to the rights of the Plan Administrator, the
Debtors’ estates, any successors thereto and any other party in interest to object to any other
proof of claim filed in the chapter 11 cases.
10. The Court shall retain jurisdiction over the claimants whose claims are subject to
the Objection with respect to any matter arising from or related to the Objection or this Order,
including the interpretation, enforcement and implementation of this Order.
Dated: June 6th, 2025 BRENDAN L. SHANNON
Wilmington, Delaware UNITED STATES BANKRUPTCY JUDGE
3
File and source
- File
- gov.uscourts.deb.193283.1102.0.pdf
- Size
- 66,709 bytes
- SHA-256
- d538dfc3217f592897c6113b1d23ca4df14c8f64b837df292d0789acb3564b55
- Original
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