Details for PRIME CLERK A DIVISION OF DUFF & PHELPS - Ad from 2021-01-08
IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE ) Chapter 11, Case No. 20-12522 (JTD) In re: MALLINCKRODT PLC, et al., ) (Jointly Administered) Debtors.1 NOTICE OF DEADLINES FOR FILING OF PROOFS OF CLAIM, INCLUDING 503(b)(9) CLAIMS GENERAL bAR DATE IS FEbRUARY 16, 2021 AT 5:00 P.M. EASTERN TIME GOVERNMENTAL BAR DATE IS APRIL 12, 2021 AT 5:00 P.M. EASTERN TIME PLEASE TAKE NOTICE OF THE FOLLOWING: On November 30, 2020, the United States Bankruptcy Court for the District of Delaware (the “Court”) entered an order [Docket No. 667] (the “Bar Date Order”) establishing certain deadlines for the filing of proofs of claim in the chapter 11 cases of the following debtors and debtors-in-possession (collectively, the “Debtors”): Debtor, Case Number, Federal Tax ID: Mallinckrodt plc, 20-12522 (JTD), 98-1088325; Acthar IP Unlimited Company, 20-12524 (JTD), 98-1219747; IMC Exploration Company, 2012526 (JTD), 74-1856768; Infacare Pharmaceutical Corporation, 20-12528 (JTD), 31-1807488; INO Therapeutics LLC, 20-12530 (JTD), 47-0931456; Ludlow LLC, 20-12533 (JTD), 04-2614539; MAK LLC, 20-12536 (JTD), 82-3297479; Mallinckrodt APAP LLC, 20-12537 (JTD), 47-2085115; Mallinckrodt ARD Finance LLC, 20-12541 (JTD), 82-3638933; Mallinckrodt ARD Holdings Inc., 20-12543 (JTD), 47-2402827; Mallinckrodt ARD Holdings Limited, 20-12546 (JTD), 981190042; Mallinckrodt ARD IP Unlimited Company, 20-12549 (JTD), 98-1273238; Mallinckrodt ARD LLC, 20-12551 (JTD), 33-0476164; Mallinckrodt Brand Pharmaceuticals LLC, 20, 12554 (JTD), 90-0136080; Mallinckrodt Buckingham Unlimited Company, 20-12558 (JTD), UK Tax ID 7891923224; Mallinckrodt Canada ULC, 20-12561 (JTD), 98-1065149; Mallinckrodt CB LLC, 2012564 (JTD), 83-1878651; Mallinckrodt Critical Care Finance LLC, 20-12567 (JTD), 47-5172425; Mallinckrodt Enterprises Holdings, Inc., 20-12568 (JTD), 94-3160456. Mallinckrodt Enterprises LLC, 20-12572 (JTD), 36-4679061; Mallinckrodt Enterprises UK Limited, 20-12574 (JTD), 98-1190911; Mallinckrodt Equinox Finance LLC, 20-12523 (JTD), 32-0542730; Mallinckrodt Group S.à r.l., 20-12527 (JTD), 98-1094611; Mallinckrodt Holdings GmbH, 20-12531 (JTD), 98-1162957; Mallinckrodt Hospital Products Inc., 20-12534 (JTD), 41-2142317; Mallinckrodt Hospital Products IP Unlimited Company, 20-12538 (JTD), 98-1273300; Mallinckrodt International Finance SA, 20-12540 (JTD), 98-1094609; Mallinckrodt International Holdings S.à r.l., 20-12544 (JTD), 98-1272203; Mallinckrodt IP Unlimited Company, 20-12548 (JTD), 98-1190770; Mallinckrodt LLC, 20-12521 (JTD), 43-1479062; Mallinckrodt Lux IP S.à r.l., 20-12553 (JTD), 98-1190722; Mallinckrodt Manufacturing LLC, 20-12556, (JTD), 47-5172075; Mallinckrodt Pharma IP Trading Unlimited Company, 20-12559 (JTD), 98-1272335; Mallinckrodt Pharmaceuticals Ireland Limited, 20-12562 (JTD), 98-1217693; Mallinckrodt Pharmaceuticals Limited, 20-12565 (JTD), 98-1274182; Mallinckrodt Quincy S.à r.l., 20-12569 (JTD), 98-1191395; Mallinckrodt UK Finance LLP, 20-12573 (JTD), 98-1274193; Mallinckrodt UK Ltd, 20-12576 (JTD), 98-1240542; Mallinckrodt US Holdings LLC, 20-12578 (JTD), 32-0408865; Mallinckrodt US Pool LLC, 20-12580 (JTD), 90-0937192; Mallinckrodt Veterinary, Inc., 20-12582 (JTD), 36-3480465; Mallinckrodt Windsor Ireland Finance Unlimited Company, 20-12583 (JTD), Irish Tax ID 3347922OH; Mallinckrodt Windsor S.à r.l., 20-12584 (JTD), 98-1286736; MCCH LLC, 20-12525 (JTD), 32-0541022; MEH, Inc., 20-12529 (JTD), 65-0952696; MHP Finance LLC, 20-12532 (JTD), 47-5176059; MKG Medical UK Ltd, 20-12535 (JTD), 98-1241288; MNK 2011 LLC, 20-12539 (JTD), 80-0739865; MUSHI UK Holdings Limited, 20-12542 (JTD), 98-1190248; Ocera Therapeutics, Inc., 2012545 (JTD), 63-1192270; Petten Holdings Inc., 20-12547 (JTD), 83-3441641; SpecGx Holdings LLC, 20-12550 (JTD), 84-3594520; SpecGx LLC, 20-12552 (JTD), 81-4463153; ST Operations LLC, 20-12555 (JTD), 84-4597158; ST Shared Services LLC, 20-12557 (JTD), 84-3727053; ST US Holdings LLC, 20-12560 (JTD), 20-5950462; ST US Pool LLC, 20-12563 (JTD), 84-4591199; Stratatech Corporation, 20-12566 (JTD), 39-2025292; Sucampo Holdings Inc., 20-12570 (JTD), 85-2745451; Sucampo Pharma Americas LLC, 20-12571 (JTD), 13-3929237; Sucampo Pharmaceuticals, Inc., 20-12575 (JTD), 30-0520478; Therakos, Inc., 2012577 (JTD), 22-2575957; Vtesse LLC, 20-12579 (JTD), 47-1075596; WebsterGx Holdco LLC, 20-12581 (JTD), 85-0505835. Electronic copies of all documents filed in the Debtors’ chapter 11 cases, including the Bar Date Order, may be obtained free of charge at the website of the Debtors’ claims agent, Prime Clerk LLC (the “Claims and Noticing Agent”), at http://restructuring.primeclerk.com/ Mallinckrodt, or for a fee on the Court’s website, www.deb.uscourts.gov. By the Bar Date Order, the Court established February 16, 2021 at 5:00 p.m., prevailing Eastern Time (the “General Bar Date”) as the general deadline for all Entities (as defined below) other than Governmental Units (as defined below) to file proofs of claim in the Debtors’ chapter 11 cases for all claims other than Opioid Claims and VI Opioid Claims (each as defined below) against the Debtors that arose or are deemed to have arisen prior to the date on which the Debtors commenced their chapter 11 cases, October 12, 2020 (the “Petition Date”), including, but not limited to, secured claims, priority claims, asbestos-related claims, and claims arising under section 503(b)(9) of title 11 of the United States Code (the “Bankruptcy Code”),2 except as otherwise provided in the Bar Date Order. By the Bar Date Order, the Court also established April 12, 2021 at 5:00 p.m., prevailing Eastern Time (the “Governmental Bar Date”) as the general deadline for all Governmental Units (as defined below) to file proofs of claim in the Debtors’ chapter 11 cases for all claims other than Opioid Claims and VI Opioid Claims (each as defined below) against the Debtors that arose or are deemed to have arisen prior to the Petition Date, except as otherwise provided in the Bar Date Order. As described below, the Bar Date Order also establishes different bar dates for certain categories of claims. Except as provided herein, the General Bar Date applies to all General Claims (as defined below) against the Debtors. Please review the Bar Date Order for instructions on how to file a proof of claim in the Debtors’ chapter 11 cases. All proofs of claim must be received by the General Bar Date in order to be accepted as timely. KEY DEFINITIONS. As used in this Notice, the term “General Claim” shall mean any Claim that arose, or is deemed to have arisen, prior to the Petition Date other than an Opioid Claim or VI Opioid Claim, including, but not limited to, secured claims, priority claims, asbestos-related claims, and claims arising under section 503(b)(9) of the Bankruptcy Code. General Claims also include claims held by foreign creditors (other than Opioid Claims or VI Opioid Claims). As used herein, “Opioid Claim” means claims and causes of action, whether existing now or arising in the future, including Future Claims, against any Debtor in any way arising out of or relatingtoopioidproductsmanufacturedorsoldbyanyDebtororanyoftheirpredecessorsprior to the effective date of any plan of reorganization for the Debtors, including, for the avoidance of doubt and without limitation, claims for indemnification (contractual or otherwise), contribution, or reimbursement against any Debtor on account of payments or losses in any way arising out of or relating to opioid products manufactured or sold by any Debtor or any of their predecessors. For the avoidance of doubt, this definition equally applies to foreign creditors. As used herein, “Future Claim” means a claim represented by the Future Claimants’ Representative (“Future Claimants’ Representative”) appointed in these cases. As used in this Notice, “VI Opioid Claim” means any claims in any way arising, in whole or in part, from a violation of the Voluntary Injunction attached as Appendix 1 to Exhibit A to the Motion filed at Docket No. 2 in Adv. Pro. No. 20-50850. As used in this Notice, the terms “Entity,” “Governmental Unit,” “affiliate” and “Claim” or “claim” have the meanings given to them under section 101 of the Bankruptcy Code. WHO MUST FILE A PROOF OF CLAIM. Except as otherwise provided in the Bar Date Order, the following Entities must file a proof of claim in these chapter 11 cases on or before the applicable Bar Date: (a) any Entity (i) whose prepetition General Claim against a Debtor is not listed in the Debtors’ Schedules or is listed as disputed, contingent or unliquidated and (ii) that desires to participate in these chapter 11 cases or share in any distribution in these chapter 11 cases; provided, that counsel to any person wishing to assert a claim based on unmanifested, asbestos-related injury may file a single Proof of Claim for all such clients so long as such Proof of Claim includes a schedule listing a name and address for each client; (b) any Entity that (i) believes that its prepetition General Claim is improperly classified in the Schedules or is listed in an incorrect amount and (ii) desires to have its prepetition General Claim allowed in a classification or amount different from the classification or amount identified in the Schedules; and (c) any Entity that believes that its prepetition General Claim as listed in the Schedules is not an obligation of the specific Debtor against which such claim is listed and that desires to have its prepetition General Claim allowed against a Debtor other than the Debtor identified in the Schedules. If it is unclear from the Schedules whether your prepetition claim is disputed, contingent or unliquidated as to amount or is otherwise properly listed and classified, you must file a proof of claim on or before the applicable Bar Date. Any Entity that relies on the information in the Schedules bears responsibility for determining that its prepetition claim is accurately listed therein. PROOFS OF CLAIM NOT REQUIRED TO bE FILED bY THE APPLICAbLE bAR DATE The Bar Date Order further provides that parties, including holders of Future Claims and the Future Claimants’ Representative, shall not be required to file proofs of claim in these chapter 11 cases on or before the applicable Bar Date, solely with respect to the following categories of claims: (a) Opioid Claims and VI Opioid Claims (the holder of such claim, an “Opioid Claimant”); provided, however, that an Opioid Claimant that wishes to assert claims against the Debtors that are not Opioid Claims or VI Opioid Claims must file a proof of claim with respect to such claim or claims which are not Opioid Claims or VI Opioid Claims on or before the applicable Bar Date; (b) equity securities (as defined in section 101(16) of the Bankruptcy Code and including, without limitation, common stock, preferred stock, warrants or stock options) or other ownership interests in the Debtors (the holder of such interest, an “Interest Holder”); provided, however, that an Interest Holder that wishes to assert claims against the Debtors that arise out of or relate to the ownership or purchase of an equity security or other ownership interest, including, but not limited to, a claim for damages or rescission based on the purchase or sale of such equity security or other ownership interest, must file a proof of claim on or before the applicable Bar Date; (c) claims against the Debtors for which a signed proof of claim has already been properly filed with the Clerk of the Bankruptcy Court for the District of Delaware or the Claims and Noticing Agent in a form substantially similar to Official Bankruptcy Form No. 410; (d) General Claims against the Debtors (i) that are not listed as disputed, contingent, or unliquidated in the Schedules and (ii) where the holder of such General Claim agrees with the nature, classification, and amount of its General Claim as identified in the Schedules; (e) claims against the Debtors that have previously been allowed by, or paid pursuant to, an order of the Court; (f) claims allowable under sections 503(b) and 507(a)(2) of the Bankruptcy Code as an administrative expense of the Chapter 11 Cases (other than any claim allowable under section 503(b)(9) of the Bankruptcy Code); (g) administrative expense claims for postpetition fees and expenses incurred by any professional allowable under sections 328, 330, 331, and 503(b) of the Bankruptcy Code or 28 U.S.C. § 156(c); (h) claims for which specific deadlines have been fixed by an order of this Court entered on or before the applicable Bar Date; (i) claims by any current officers and directors of the Debtors for indemnification, contribution, or reimbursement arising as a result of such officers’ or directors’ prepetition or postpetition services to the Debtors; (j) claims that are payable to the Court or to the United States Trustee Program pursuant to 28 U.S.C. § 1930; and (k) claims of any Debtor against another Debtor or any claims of a direct or indirect subsidiary or affiliate of Mallinckrodt plc against a Debtor; and (l) any holder of a claim limited exclusively to the repayment of principal , interest, fees, expenses, and any other amounts owing under any agreements governing any revolving credit facility, term loans, notes, bonds, debentures, or other debt securities issued by an of the Debtors (a “Debt Claim”) pursuant to an indenture or credit agreement, as applicable (together, the “Debt Instruments”); provided, that the relevant indenture trustee, administrative agent, registrar, paying agent, loan or collateral agent, or any other entity serving in a similar capacity however designated (each, a “Debt Agent”) under the applicable Debt Instrument is authorized, but not required, to file a single master Proof of Claim in the case of Mallinckrodt plc (Case No. 20-12522 (JTD)), on or before the applicable Bar Date, which shall be deemed to constitute the filing of such Proof of Claim against all Debtors under the applicable Debt Instrument on account of all Debt Claims; provided, however, that any holder of a Debt Claim wishing to assert a claim arising out of or relating to a Debt Instrument, other than a Debt Claim, must file a Proof of Claim with respect to such claim on or before the applicable Bar Date, unless another exception identified herein applies; provided, further, that in lieu of attaching voluminous documentation, including documentation for compliance with Bankruptcy Rule 3001(d), the Debt Agent under the Debt Instrument may include a summary of the operative documents with respect to the Debt Claims; with regard to all of the claims thereunder. For the avoidance of doubt, the failure of any Debt Agent to file a master Proof of Claim shall not affect the validity, priority, or enforceability of any Debt Instrument or any Debt Claim arising thereunder. CONSEQUENCES OF FAILURE TO FILE A PROOF OF CLAIM bY THE APPLICAbLE bAR DATE Unless the Court orders otherwise, pursuant to Bankruptcy Rule 3003(c)(2), any Entity that is required to file a proof of claim in these chapter 11 cases pursuant to the Bankruptcy Code, the Bankruptcy Rules, or the Bar Date Order with respect to a particular claim against the Debtors, but that fails to do so by the applicable Bar Date, shall not be treated as a creditor for purposes of voting on, or receiving distributions under, any chapter 11 plan in the Chapter 11 Cases. RESERVATION OF RIGHTS. The Debtors reserve the right to: (a) dispute, or assert offsets or defenses against, any filed claim or any claim listed or reflected in the Schedules as to nature, amount, liability, priority, classification or otherwise; (b) subsequently designate any scheduled claim as disputed, contingent or unliquidated; and (c) otherwise amend, modify or supplement the Schedules. Nothing contained in this Notice or the Bar Date Order shall preclude the Debtors from objecting to any claim, whether scheduled or filed, on any grounds. ADDITIONAL INFORMATION. A copy of the Bar Date Order, Bar Date Notice, proof of claim form and the Debtors’ Schedules may be obtained free of charge by contacting the Claims and Noticing Agent, in writing, at Mallinckrodt plc Claims Processing Center, c/o Prime Clerk LLC, Grand Central Station, PO Box 4850, New York, NY 10163-4850, or online at http://restructuring.primeclerk.com/Mallinckrodt, by clicking in the “Information Center” under the tab marked “Submit a Claim”. The Bar Date Order can also be viewed on the Court’s website at www.deb.uscourts.gov, for a fee. If you have questions concerning the filing or processing of claims, you may contact the Debtors’ Claims and Noticing Agent, at (847) 4671570 (toll free), (347) 817-4093 (local/international), or MallinckrodtInfo@primeclerk.com. YOU ARE ENCOURAGED TO CAREFULLY REVIEW THE BAR DATE ORDER AND RELATED MATERIALS ON THE CLAIMS AND NOTICING AGENT’S WEBSITE. YOU MAY WISH TO CONSULT AN ATTORNEY REGARDING THIS MATTER. Dated: December 31, 2020 BY ORDER OF THE COURT 1 A complete list of the Debtors in these chapter 11 cases may be obtained on the website of the Debtors’ claims and noticing agent at http://restructuring.primeclerk.com/Mallinckrodt. The Debtors’ mailing address is 675 McDonnell Blvd., Hazelwood, Missouri 63042. 2 A claim arising under section 503(b)(9) of the Bankruptcy Code is a claim arising from the value of any goods received by the Debtors within 20 days before the Petition Date, provided that the goods were sold to the Debtors in the ordinary course of business.