Vyaire - COC re Fourth Omnibus Objection to Claims
- Date
- 2025-06-06
Summary
Doc 1099-1, filed June 6, 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 A, a Revised Proposed Order Granting and Sustaining Plan Administrator's Fourth Omnibus Objection (Substantive) to Certain Claims, relating to Docket No. 1082. The proposed order would disallow and expunge the No Liability Claim on Schedule 1, reclassify the claims on Schedule 2, and modify the Overstated Claim on Schedule 3. It authorizes Omni Agent Solutions, Inc. to revise the claims register and treats each Disputed Claim as a separate contested matter under Bankruptcy Rule 9014. The schedules list claims including those of the City of Battle Creek, the New York State Department of Taxation and Finance and the Franchise Tax Board, with asserted and modified amounts.
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Case 24-11217-BLS Doc 1099-1 Filed 06/06/25 Page 1 of 11
Exhibit A
Revised Proposed Order
Case 24-11217-BLS Doc 1099-1 Filed 06/06/25 Page 2 of 11
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 1099-1 Filed 06/06/25 Page 3 of 11
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 1099-1 Filed 06/06/25 Page 4 of 11
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.
3
Case 24-11217-BLS Doc 1099-1 Filed 06/06/25 Page 5 of 11
Schedule 1
No Liability Claims
Case 24-11217-BLS Doc 1099-1 Filed 06/06/25 Page 6 of 11
SCHEDULE 1
NO LIABILITY CLAIMS
Objection Key
(Sec)- Secured
(Adm)- Administrative
(503)- 503(b)(9)
(Pri)- Priority
(GUC)- Non-Priority General Unsecured
(Tot)- Total Claim
Debtor Against Whom Claim Amount & Modified Classification
Item No. Claimant Name Case Number Claim No. Reason for Disallowance
Claim is Filed Classification Status Status & Amount
1 City of Battle Creek 24-11217 Vyaire Medical, Inc. 212 (Sec)- $ - (Sec)- $ -
(Adm)- $ - (Adm)- $ -
(503)- $ - (503)- $ -
(Pri)- $ 123.85 (Pri)- $ - The Debtors object to this claim as the amount due relates to
(GUC)- $ - (GUC)- $ - Carefusion Solutions LLC, which is not a debtor in the bankruptcy.
(Tot)- $ 123.85 (Tot)- $ -
68877/0001-49929559v1
Case 24-11217-BLS Doc 1099-1 Filed 06/06/25 Page 7 of 11
Schedule 2
Reclassified Claims
Case 24-11217-BLS Doc 1099-1 Filed 06/06/25 Page 8 of 11
SCHEDULE 2
RECLASSIFIED CLAIMS
Objection Key
(Sec)- Secured
(Adm)- Administrative
(503)- 503(b)(9)
(Pri)- Priority
(GUC)- Non-Priority General Unsecured
(Tot)- Total Claim
Debtor Against Whom Claim Claim Amount & Modified Classification
Item No. Claimant Name Case Number Claim No. Reason for Reclassification
is Filed Classification Status Status & Amount
1 All Sensors Corporaation 24-11217 Vyaire Medical, Inc. 214 (Sec)- $ - (Sec)- $ -
(Adm)- $ 150,000.00 (Adm)- $ - Claimant asserts an administrative claim, but the proof of claim and
(503)- $ - (503)- $ - documentation do not support administrative expense status. In
(Pri)- $ - (Pri)- $ - addition, a review of the Debtors' books and records also do not
(GUC)- $ - (GUC)- $ 150,000.00 reflect sufficient information establishing the existence of an
(Tot)- $ 150,000.00 (Tot)- $ 150,000.00 administrative claim. Claim reclassified in entirety to non-priority
general unsecured claim.
2 Ashley E. Coker 24-11217 Vyaire Medical, Inc. 84 (Sec)- $ - (Sec)- $ -
(Adm)- $ - (Adm)- $ - Claimant asserts a prority claim under 507(a)(4) of the Bankruptcy
(503)- $ - (503)- $ - Code for wages, salaries, or commissions. The proof of claim and
(Pri)- $ 15,150.00 (Pri)- $ - documentation do not support such priority status. A review of the
(GUC)- $ 27,310.77 (GUC)- $ 42,460.77 claim and the Debtors' books and records reflect that the claim is
for independent contractor services and not entitled to priority
(Tot)- $ 42,460.77 (Tot)- $ 42,460.77
under section 507(a)(4) of the Bankruptcy Code. Claim reclassified
in entirety to non-priority general unsecured claim.
3 CDW Direct, LLC 24-11217 Vyaire Medical, Inc. 13 (Sec)- $ - (Sec)- $ -
(Adm)- $ - (Adm)- $ - Claimant asserts a priority claim but the proof of claim and
(503)- $ (503)- documentation do not provide sufficient evidence of priority status.
- $ -
A review of the claim and the Debtors' books and records also do
(Pri)- $ 10,240.77 (Pri)- $ -
not reflect sufficient information establishing the existence of a
(GUC)- $ 21,285.56 (GUC)- $ 31,526.33 priority claim. Claim reclassified in entirety to non-priority general
(Tot)- $ 31,526.33 (Tot)- $ 31,526.33 unsecured claim.
4 Fischer USA, Inc 24-11217 Vyaire Medical, Inc. 117 (Sec)- $ 100,766.98 (Sec)- $ -
(Adm)- $ - (Adm)- $ - Claimant asserts it is in possession of collateral. The Debtor
(503)- $ - (503)- $ - surrenders any such collateral to claimaint in satisfaction of its
(Pri)- $ - (Pri)- $ - asserted secured claims. There is no other collateral securing the
(GUC)- $ 13,941.21 (GUC)- $ 114,708.19 asserted claim and the Debtors' books and records do not reflect
sufficient information establishing the existence of a secured claim.
(Tot)- $ 114,708.19 (Tot)- $ 114,708.19
Claim reclassified in entirety to non-priority general unsecured
claim.
68877/0001-49929559v1
Case 24-11217-BLS Doc 1099-1 Filed 06/06/25 Page 9 of 11
5 New York State Department of Taxation and Finance 24-11218 Bird Products Corporation 1 (Sec)- $ 66,009.05 (Sec)- $ -
(Adm)- $ - (Adm)- $ - Claimant asserts a secured claim but the documentation does not
(503)- $ - (503)- $ - provide sufficient evidence of secured status. There is no collateral
(Pri)- $ - (Pri)- $ - securing the asserted tax claim. A review of the Debtors' books and
(GUC)- $ - (GUC)- $ 66,009.05 records also do not reflect sufficient information establishing the
(Tot)- $ 66,009.05 (Tot)- $ 66,009.05 existence of a secured claim. Claim reclassified in entirety to non-
priority general unsecured claim.
6 New York State Department of Taxation and Finance 24-11230 Vyaire Medical 202, Inc. 1 (Sec)- $ 124,801.45 (Sec)- $ -
(Adm)- $ - (Adm)- $ - Claimant asserts a secured claim but the documentation does not
(503)- $ - (503)- $ - provide sufficient evidence of secured status. There is no collateral
(Pri)- $ - (Pri)- $ - securing the asserted tax claim. A review of the Debtors' books and
(GUC)- $ - (GUC)- $ 124,801.45 records also do not reflect sufficient information establishing the
(Tot)- $ 124,801.45 (Tot)- $ 124,801.45 existence of a secured claim. Claim reclassified in entirety to non-
priority general unsecured claim.
7 New York State Department of Taxation and Finance 24-11240 Vyaire Medical Payroll LLC 2 (Sec)- $ 51,733.65 (Sec)- $ -
Claimant asserts a secured claim but the documentation does not
(Adm)- $ - (Adm)- $ -
provide sufficient evidence of secured status. There is no collateral
(503)- $ - (503)- $ -
securing the asserted tax claim. A review of the Debtors' books and
(Pri)- $ - (Pri)- $ -
records also do not reflect sufficient information establishing the
(GUC)- $ - (GUC)- $ 51,733.65
existence of a secured claim. Claim reclassified in entirety to non-
(Tot)- $ 51,733.65 (Tot)- $ 51,733.65
priority general unsecured claim.
68877/0001-49929559v1
Case 24-11217-BLS Doc 1099-1 Filed 06/06/25 Page 10 of 11
Schedule 3
Overstated Claims
Case 24-11217-BLS Doc 1099-1 Filed 06/06/25 Page 11 of 11
SCHEDULE 3
OVERSTATED CLAIMS
Objection Key
(Sec)- Secured
(Adm)- Administrative
(503)- 503(b)(9)
(Pri)- Priority
(GUC)- Non-Priority General Unsecured
(Tot)- Total Claim
Debtor Against Whom Claim Claim Amount &
Item No. Claimant Name Case Number Claim No. Modified Claim Amount Reason for Modification
is Filed Classification Status
1 Franchise Tax Board 24-11229 Vyaire Holding Company 12 (Sec)- $ - (Sec)- $ -
(Adm)- $ - (Adm)- $ -
(503)- $ - (503)- $ - The Debtors object to this claim as the Debtors' books and records
(Pri)- $ 18,964.42 (Pri)- $ 13,000.00 reflect the priority amount to be $13,000, which represents FY23
(GUC)- $ 1,131.26 (GUC)- $ 828.67 obligations. The Debtors' books and records reflect the remaining
(Tot)- $ 20,095.68 (Tot)- $ 13,828.67 GUC balance owed is comprised of the FY23 penalty ($302.06) and
FY23 interest ($526.61)
68877/0001-49929559v1
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