Vyaire - Third Omnibus Claims Objection to Claims (Non-Substantive Tax - Duplicate and Late Filed)
- Date
- 2025-06-11
Summary
A notice filed May 8, 2025 as Doc 1081-1 in In re Vyaire Medical, Inc., Case No. 24-11217 (BLS), a Chapter 11 case in the U.S. Bankruptcy Court for the District of Delaware, announcing the Plan Administrator's Third Omnibus Objection (Non-Substantive) to Certain Claims. It tells claimants to check Schedule 1, Schedule 2 and Schedule 3 to the proposed order for their claims. Responses are due by 4:00 p.m. on June 4, 2025 and must include a caption, the claimant's name and basis for the claim, and the reasons the claim should not be disallowed, modified or reclassified. The hearing is set for June 11, 2025 at 10:30 a.m. before Judge Brendan Linehan Shannon. The three-page notice is signed by Patrick J. Reilley of Cole Schotz P.C., counsel to David M. Barse as Plan Administrator.
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Full text
Case 24-11217-BLS Doc 1081-1 Filed 05/08/25 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. ) Hearing Date: June 11, 2025 at 10:30 a.m. (ET)
) Obj. Deadline: June 4, 2025 at 4:00 p.m. (ET)
NOTICE OF THE PLAN ADMINISTRATOR’S THIRD OMNIBUS
OBJECTION (NON-SUBSTANTIVE) TO CERTAIN CLAIMS
TO ALL PARTIES RECEIVING THIS OBJECTION:
YOU SHOULD REVIEW SCHEDULE 1, SCHEDULE 2 AND SCHEDULE 3 TO THE
PROPOSED ORDER TO LOCATE YOUR NAME AND CLAIM(S) AND DETERMINE
IF YOUR CLAIM(S) ARE SUBJECT TO THIS OBJECTION. IF YOUR CLAIM(S) ARE
LISTED ON THE EXHIBITS ATTACHED TO THE PROPOSED ORDER, YOU MAY
HAVE SUBSTANTIVE RIGHTS AFFECTED BY THIS OBJECTION.
YOUR SUBSTANTIVE RIGHTS MAY ALSO BE AFFECTED BY FURTHER
OBJECTIONS THAT MAY BE FILED IN THESE CHAPTER 11 CASES.
THE RELIEF SOUGHT IN THIS OBJECTION IS WITHOUT PREJUDICE TO THE
RIGHTS OF THE DEBTORS, THEIR ESTATES, ANY SUCCESSORS THERETO OR
ANY OTHER PARTY IN INTEREST TO PURSUE FURTHER OBJECTIONS
AGAINST THE CLAIMS SUBJECT TO THIS OBJECTION, AND NOTHING HEREIN
OR THE PROPOSED ORDER IS INTENDED OR SHALL BE DEEMED TO BE AN
ALLOWANCE OF ANY SUCH CLAIMS.
PLEASE TAKE NOTICE that David M. Barse, solely in his capacity as the Plan
Administrator of Vyaire Medical, Inc., et al. (the “Plan Administrator”) in the above-captioned
case, has filed the attached Plan Administrator’s Third Omnibus Objection (Non-Substantive) to
Certain Claims (the “Objection”).2
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
2
Capitalized terms not defined herein shall have the meanings ascribed to the terms in the Objection.
68877/0001-49603712v2
Case 24-11217-BLS Doc 1081-1 Filed 05/08/25 Page 2 of 3
PLEASE TAKE FURTHER NOTICE that any responses (each, a “Response”) to the
relief requested in the Objection must be filed on or before 4:00 p.m. (prevailing Eastern
Time) on June 4, 2025 (the “Response Deadline”) with the United States Bankruptcy Court for
the District of Delaware, 824 N. Market Street, 3rd Floor, Wilmington, Delaware 19801
(the “Court”). At the same time, any party submitting a Response (each, a “Respondent”) must
serve a copy of its Response upon the undersigned counsel to the Plan Administrator, so as to be
received on or before the Response Deadline.
PLEASE TAKE FURTHER NOTICE that any Response must contain, at a minimum,
the following:
a) a caption setting forth the name of the Court, the above-referenced case number,
and the title of the Objection to which the Response is directed;
b) the name of the claimant and description of the basis for the amount of the
Disputed Claim; and
c) a concise statement setting forth the reasons why a particular Disputed Claim
should not be disallowed, modified, or reclassified for the reasons set forth in the
Objection, including, but not limited to, the specific factual and legal bases upon
which the claimant will rely in opposing the Objection at the Hearing.
PLEASE TAKE FURTHER NOTICE THAT THE HEARING TO CONSIDER
THE OBJECTION WILL BE HELD ON JUNE 11, 2025 AT 10:30 A.M. (PREVAILING
EASTERN TIME) (THE “HEARING”) BEFORE THE HONORABLE BRENDAN
LINEHAN SHANNON, UNITED STATES BANKRUPTCY COURT JUDGE FOR THE
DISTRICT OF DELAWARE, 824 N. MARKET STREET, 6TH FLOOR, COURTROOM
NO. 1, WILMINGTON, DELAWARE 19801.
PLEASE TAKE FURTHER NOTICE THAT IF YOU FAIL TO RESPOND IN
ACCORDANCE WITH THIS NOTICE, THE COURT MAY GRANT THE RELIEF
REQUESTED IN THE OBJECTION WITHOUT FURTHER NOTICE OR A HEARING.
[Remainder of Page Intentionally Left Blank]
2
68877/0001-49603712v2
Case 24-11217-BLS Doc 1081-1 Filed 05/08/25 Page 3 of 3
Dated: May 8, 2025
Wilmington, Delaware
COLE SCHOTZ P.C.
/s/ Patrick J. Reilley
Patrick J. Reilley (No. 4451)
Stacy L. Newman (No. 5044)
500 Delaware Avenue, Suite 600
Wilmington, DE 19801
Telephone: (302) 652-3131
Facsimile: (302) 652-3117
preilley@coleschotz.com
snewman@coleschotz.com
- and -
Matteo Percontino, Esq. (Admitted Pro Hac Vice)
Court Plaza North, 25 Main Street
Hackensack, NJ 07601
Telephone: (201) 489-3000
Facsimile: (201) 489-1536
mpercontino@coleschotz.com
Counsel to David M. Barse, solely in his capacity as
the Plan Administrator of Vyaire Medical, Inc., et
al.
3
68877/0001-49603712v2
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- gov.uscourts.deb.193283.1081.1.pdf
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