Vyaire - COC re Third Omnibus Objection to Claims

Date: 2025-06-06

Summary

An Order Granting and Sustaining the Plan Administrator's Third Omnibus Objection (Non-Substantive) to Certain Claims, entered June 6, 2025 as Doc 1101 in In re Vyaire Medical, Inc., Case No. 24-11217 (BLS), in the United States Bankruptcy Court for the District of Delaware. The order, relating to Docket No. 1081, grants the objection and disallows and expunges in their entirety each Duplicate Claim listed on Schedule 1 and each Late Filed Claim listed on Schedule 2. It directs Omni Agent Solutions, Inc., the claims and noticing agent, to revise the official claims register. It treats the objection to each Disputed Claim as a separate contested matter under Bankruptcy Rule 9014 and preserves the right to object to the listed claims on other grounds. The three-page order is signed by United States Bankruptcy Judge Brendan L. Shannon.

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Full text

Case 24-11217-BLS Doc 1101 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. 1081
)

ORDER GRANTING AND SUSTAINING PLAN ADMINISTRATOR’S THIRD
OMNIBUS OBJECTION (NON-SUBSTANTIVE) TO CERTAIN CLAIMS

Upon consideration of the Plan Administrator’s Third Omnibus Objection (Non-

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 and Schedule 2 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 Duplicate 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 1101 Filed 06/06/25 Page 2 of 3

3. Each Late Filed Claim listed on Schedule 2 hereto is hereby disallowed and

expunged in its entirety.

4. The Plan Administrator is authorized to take any action necessary or appropriate

to give effect to this Order and the relief granted therein.

5. 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

6. 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 and 2 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.

7. 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.

8. 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.

2
Capitalized terms not defined herein shall have the meanings ascribed to the terms in the Objection.

2
Case 24-11217-BLS Doc 1101 Filed 06/06/25 Page 3 of 3

9. 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

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