Mallinckrodt plc
Case No. 20-12522
Case Background
On October 12, 2020, Mallinckrodt plc (“Mallinckrodt” or the “Company”) voluntarily initiated Chapter 11 proceedings in the U.S. Bankruptcy Court for the District of Delaware. Mallinckrodt’s cases have been assigned to the Honorable John T. Dorsey, and are jointly administered under Case No. 20-12522. The Docket can be accessed at the link on the left or through the website maintained by the U.S. Bankruptcy Court for the District of Delaware.
The Company is taking important actions to strengthen its financial position and resolve a range of legal liabilities, enabling it to focus on achieving its long-term strategic plans, and has entered into several key agreements, including:
• A restructuring support agreement with key creditors and litigation parties outlining the terms of a financial restructuring designed to strengthen the Company’s balance sheet, reduce its debt by approximately $1.3 billion, improve its financial position and allow the Company to continue driving its strategic priorities and investing in the business to develop and commercialize therapies to improve health outcomes for patients;
• An agreement in principle on an amended proposed opioid settlement that would resolve opioid-related claims against Mallinckrodt and its subsidiaries; and
• An agreement in principle with the certain governmental parties to resolve various Acthar® Gel related matters, including the CMS Medicaid rebate dispute.
Mallinckrodt intends to use the court-supervised process to implement these agreements in a fair, orderly, efficient and legally binding manner. The entities that are part of this court-supervised process include Mallinckrodt plc, substantially all of its U.S. subsidiaries, including its Specialty Brands and Specialty Generics entities, and certain of its international subsidiaries.
Mallinckrodt is now on a clear path to eliminating legal uncertainties, maximizing value, strengthening its balance sheet and moving ahead with its strategic plans.
The Company is continuing to operate all of its businesses normally, with a primary focus on developing new therapies, improving health outcomes and supporting underserved patients with severe and critical conditions.
Additional information, including press releases and FAQs, is available at www.advancingmnk.com. For all supplier-related inquiries, please call the Company toll-free in the U.S. at 1-833-954-2209 or 1-314-654-3008 for international calls, or email the Company at Supplier.Inquiry@mnk.com.
Important Information & Dates
Plan and Disclosure Statement
On June 18, 2021, the Debtors filed their Joint Plan of Reorganization (together with all schedules and exhibits thereto, and as may be modified, amended, or supplemented from time to time, the "Plan") and the Disclosure Statement related thereto. On June 17, 2021, the Bankruptcy Court entered an order approving the Disclosure Statement and approving procedures for soliciting, receiving and tabulating votes on the Plan and for filing objections to the Plan, among other matters.
A hearing to consider confirmation of the Plan is commenced on November 1, 2021. On March 2, 2022, the Bankruptcy Court entered an order confirming the Plan.
Please click below to view all documents related to the Plan & Disclosure Statement:
Deadline to File Claims
The Bankruptcy Court has set the following deadlines for filing proofs of claim against the Debtors:
- General Bar Date: February 16, 2021, at 5:00 p.m. (ET)
- Governmental Bar Date: April 12, 2021, at 5:00 p.m. (ET)
- Initial Administrative Claims Bar Date (for Postpetition Administrative Claims on or before April 30, 2021): June 28, 2021, at 5:00 p.m. (ET)
Click on "Submit a Claim" above to download a proof of claim form and for more information regarding filing a claim against the Debtors.
Information for Holders of Opioid Claims
The General Bar Date and the Initial Administrative Claims Bar Date in Mallinckrodt’s Chapter 11 case applies only to non-opioid claims. Opioid claims will be addressed through a separate process. Pursuant to the terms of Mallinckrodt’s amended proposed opioid settlement, opioid claims would be channeled to one or more trusts, which would receive $1.6 billion in structured payments, warrants for up to 19.99% of the reorganized debtors’ equity, and other assets. Updates will be provided at a later date regarding the process by which these trusts will be established and how opioid claims will be addressed.
If you believe you have an opioid claim, you will have the opportunity to participate in the trust process being set up pursuant to Mallinckrodt’s amended proposed opioid settlement. The General Bar Date of February 16, 2021, Governmental Bar Date of April 12, 2021, and the Initial Administrative Claims Bar Date of June 28, 2021 do not apply to opioid claims.
Hearing on First Day Motions
A hearing on the Debtors' First Day Motions was held on October 14, 2020 and a final hearing on certain of the First Day Motions was held on November 10, 2020.
Please click below to view and download the First Day Motions and the First Day Orders:
First Day Motions
First Day Orders
Section 341 Meeting of Creditors
In accordance with Section 341 of the Bankruptcy Code, a meeting of the Debtors' creditors was held on November 19, 2020.
Dates
Parties
Debtors' Counsel
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Latham & Watkins LLP
1271 Avenue of the Americas
New York, NY 10020
https://www.lw.com/
Phone: 212.906.1200
Fax: 212.751.4864
George A. Davis
George Klidonas
Andrew Sorkin
Anupama Yerramalli
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Latham & Watkins LLP
355 South Grand Avenue, Suite 100
Los Angeles, CA 90071
https://www.lw.com/
Phone: 213.485.1234
Fax: 213.891.8763
Jeffrey E. Bjork
-
Latham & Watkins LLP
330 North Wabash Avenue, Suite 2800
Chicago, IL 60611
https://www.lw.com/
Phone: 312.876.7700
Fax: 312.993.9767
Jason B. Gott
-
Richards, Layton & Finger, P.A.
One Rodney Square
920 N. King Street
Wilmington, DE 19801
http://rlf.com/
Phone: 302.651.7700
Fax: 302.651.7701
Mark D. Collins
Michael J. Merchant
Amanda R. Steele
Brendan J. Schlauch
Opioid Related Claimants Committee's Counsel
-
Akin Gump Strauss Hauer & Feld LLP
One Bryant Park
New York, NY 10036-6745
https://www.akingump.com/en/
Phone: 212.872.1000
Fax: 212.872.1002
Arik Preis
Mitchell P. Hurley
Sara L. Brauner
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Cole Schotz P.C.
500 Delaware Avenue, Suite 1410
Wilmington, DE 19801
https://www.coleschotz.com/
Phone: 302.652.3131
Fax: 302.652.3117
Justin R. Alberto
Seth Van Aalten
Sarah A. Carnes
Andrew J. Roth-Moore
Unsecured Creditors Committee's Counsel
-
Cooley LLP
55 Hudson Yards
New York, NY 10001
https://www.cooley.com/
Phone: 212.479.6000
Fax: 212.479.6275
Cathy Hershcopf
Michael Klein
Lauren A. Reichardt
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Cooley LLP
1299 Pennsylvania Avenue, NW, Suite 700
Washington, DC 20004
https://www.cooley.com/
Phone: 202.842.7800
Fax: 202.842.7899
Cullen D. Speckhart
-
Robinson & Cole LLP
1201 N. Market Street, Suite 1406
Wilmington, DE 19081
http://www.rc.com/
Phone: 302.295.4800
Fax: 302.351.8618
Natalie D. Ramsey
Jamie L. Edmonson
United States Trustee and Court Information
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Office of the United States Trustee
844 King Street
Suite 2207
Wilmington, DE 19801
http://www.justice.gov/ust/r03/wilmington/index.htm
Phone: 302.573.6491
Fax: 302.573.6497
Jane M. Leamy
-
United States Bankruptcy Court
District of Delaware
824 Market Street North, 3rd Floor
Wilmington, DE 19801
http://www.deb.uscourts.gov/
Phone: 302.252.2900
Debtors
| Case Number | Debtor Name | Petition Date |
|---|---|---|
| Case Number 20-12522 | Debtor Name Mallinckrodt plc | Petition Date October 12, 2020 |
| Case Number 20-12524 | Debtor Name Acthar IP Unlimited Company | Petition Date October 12, 2020 |
| Case Number 20-12526 | Debtor Name IMC Exploration Company | Petition Date October 12, 2020 |
| Case Number 20-12528 | Debtor Name Infacare Pharmaceutical Corporation | Petition Date October 12, 2020 |
| Case Number 20-12530 | Debtor Name INO Therapeutics LLC | Petition Date October 12, 2020 |
| Case Number 20-12533 | Debtor Name Ludlow LLC | Petition Date October 12, 2020 |
| Case Number 20-12536 | Debtor Name MAK LLC | Petition Date October 12, 2020 |
| Case Number 20-12537 | Debtor Name Mallinckrodt APAP LLC | Petition Date October 12, 2020 |
| Case Number 20-12541 | Debtor Name Mallinckrodt ARD Finance LLC | Petition Date October 12, 2020 |
| Case Number 20-12543 | Debtor Name Mallinckrodt ARD Holdings Inc. | Petition Date October 12, 2020 |
| Case Number 20-12546 | Debtor Name Mallinckrodt ARD Holdings Limited | Petition Date October 12, 2020 |
| Case Number 20-12549 | Debtor Name Mallinckrodt ARD IP Unlimited Company | Petition Date October 12, 2020 |
| Case Number 20-12551 | Debtor Name Mallinckrodt ARD LLC | Petition Date October 12, 2020 |
| Case Number 20-12554 | Debtor Name Mallinckrodt Brand Pharmaceuticals LLC | Petition Date October 12, 2020 |
| Case Number 20-12558 | Debtor Name Mallinckrodt Buckingham Unlimited Company | Petition Date October 12, 2020 |
| Case Number 20-12561 | Debtor Name Mallinckrodt Canada ULC | Petition Date October 12, 2020 |
| Case Number 20-12564 | Debtor Name Mallinckrodt CB LLC | Petition Date October 12, 2020 |
| Case Number 20-12567 | Debtor Name Mallinckrodt Critical Care Finance LLC | Petition Date October 12, 2020 |
| Case Number 20-12568 | Debtor Name Mallinckrodt Enterprises Holdings, Inc. | Petition Date October 12, 2020 |
| Case Number 20-12572 | Debtor Name Mallinckrodt Enterprises LLC | Petition Date October 12, 2020 |
| Case Number 20-12574 | Debtor Name Mallinckrodt Enterprises UK Limited | Petition Date October 12, 2020 |
| Case Number 20-12527 | Debtor Name Mallinckrodt Group S.a.r.l. | Petition Date October 12, 2020 |
| Case Number 20-12531 | Debtor Name Mallinckrodt Holdings GmbH | Petition Date October 12, 2020 |
| Case Number 20-12534 | Debtor Name Mallinckrodt Hospital Products Inc. | Petition Date October 12, 2020 |
| Case Number 20-12538 | Debtor Name Mallinckrodt Hospital Products IP Unlimited Company | Petition Date October 12, 2020 |
| Case Number 20-12540 | Debtor Name Mallinckrodt International Finance SA | Petition Date October 12, 2020 |
| Case Number 20-12544 | Debtor Name Mallinckrodt International Holdings S.a.r.l. | Petition Date October 12, 2020 |
| Case Number 20-12548 | Debtor Name Mallinckrodt IP Unlimited Company | Petition Date October 12, 2020 |
| Case Number 20-12521 | Debtor Name Mallinckrodt LLC | Petition Date October 12, 2020 |
| Case Number 20-12553 | Debtor Name Mallinckrodt Lux IP S.a.r.l. | Petition Date October 12, 2020 |
| Case Number 20-12556 | Debtor Name Mallinckrodt Manufacturing LLC | Petition Date October 12, 2020 |
| Case Number 20-12559 | Debtor Name Mallinckrodt Pharma IP Trading Unlimited Company | Petition Date October 12, 2020 |
| Case Number 20-12562 | Debtor Name Mallinckrodt Pharmaceuticals Ireland Limited | Petition Date October 12, 2020 |
| Case Number 20-12565 | Debtor Name Mallinckrodt Pharmaceuticals Limited | Petition Date October 12, 2020 |
| Case Number 20-12569 | Debtor Name Mallinckrodt Quincy S.a.r.l. | Petition Date October 12, 2020 |
| Case Number 20-12573 | Debtor Name Mallinckrodt UK Finance LLP | Petition Date October 12, 2020 |
| Case Number 20-12576 | Debtor Name Mallinckrodt UK Ltd | Petition Date October 12, 2020 |
| Case Number 20-12578 | Debtor Name Mallinckrodt US Holdings LLC | Petition Date October 12, 2020 |
| Case Number 20-12580 | Debtor Name Mallinckrodt US Pool LLC | Petition Date October 12, 2020 |
| Case Number 20-12582 | Debtor Name Mallinckrodt Veterinary, Inc. | Petition Date October 12, 2020 |
| Case Number 20-12583 | Debtor Name Mallinckrodt Windsor Ireland Finance Unlimited Company | Petition Date October 12, 2020 |
| Case Number 20-12584 | Debtor Name Mallinckrodt Windsor S.a.r.l. | Petition Date October 12, 2020 |
| Case Number 20-12525 | Debtor Name MCCH LLC | Petition Date October 12, 2020 |
| Case Number 20-12529 | Debtor Name MEH, Inc. | Petition Date October 12, 2020 |
| Case Number 20-12532 | Debtor Name MHP Finance LLC | Petition Date October 12, 2020 |
| Case Number 20-12535 | Debtor Name MKG Medical UK Ltd | Petition Date October 12, 2020 |
| Case Number 20-12539 | Debtor Name MNK 2011 LLC | Petition Date October 12, 2020 |
| Case Number 20-12542 | Debtor Name MUSHI UK Holdings Limited | Petition Date October 12, 2020 |
| Case Number 20-12545 | Debtor Name Ocera Therapeutics, Inc. | Petition Date October 12, 2020 |
| Case Number 20-12547 | Debtor Name Petten Holdings Inc. | Petition Date October 12, 2020 |
| Case Number 20-12550 | Debtor Name SpecGx Holdings LLC | Petition Date October 12, 2020 |
| Case Number 20-12552 | Debtor Name SpecGx LLC | Petition Date October 12, 2020 |
| Case Number 20-12555 | Debtor Name ST Operations LLC | Petition Date October 12, 2020 |
| Case Number 20-12557 | Debtor Name ST Shared Services LLC | Petition Date October 12, 2020 |
| Case Number 20-12560 | Debtor Name ST US Holdings LLC | Petition Date October 12, 2020 |
| Case Number 20-12563 | Debtor Name ST US Pool LLC | Petition Date October 12, 2020 |
| Case Number 20-12566 | Debtor Name Stratatech Corporation | Petition Date October 12, 2020 |
| Case Number 20-12570 | Debtor Name Sucampo Holdings Inc. | Petition Date October 12, 2020 |
| Case Number 20-12571 | Debtor Name Sucampo Pharma Americas LLC | Petition Date October 12, 2020 |
| Case Number 20-12575 | Debtor Name Sucampo Pharmaceuticals, Inc. | Petition Date October 12, 2020 |
| Case Number 20-12577 | Debtor Name Therakos, Inc. | Petition Date October 12, 2020 |
| Case Number 20-12579 | Debtor Name Vtesse LLC | Petition Date October 12, 2020 |
| Case Number 20-12581 | Debtor Name WebsterGx Holdco LLC | Petition Date October 12, 2020 |
| Case Number 20-12523 | Debtor Name Mallinckrodt Equinox Finance LLC | Petition Date October 12, 2020 |