Official Committee of Opioid Related Claimants of Mallinckrodt plc and its affiliated debtors
Case No. 20-12522
The Chapter 11 Cases
On October 12, 2020 (the “Petition Date”), Mallinckrodt plc, substantially all of its U.S. subsidiaries, including its Specialty Brands and Specialty Generics entities, and certain of its international subsidiaries, (collectively, “Mallinckrodt” or the “Debtors”) voluntarily initiated proceedings under chapter 11 of the Bankruptcy Code in the U.S. Bankruptcy Court for the District of Delaware (the “Court”). Mallinckrodt’s cases have been assigned to the Honorable John T. Dorsey, and are jointly administered under Case No. 20-12522. The case docket can be accessed at the link on the left or through the website maintained by the Court.
The Opioid Claimants Committee
On October 27, 2020, the United States Trustee for Region 3 (the “U.S. Trustee”) appointed seven creditors to serve on the Official Committee of Opioid Related Creditors (the “OCC”) and represent the interests of all of the Debtors’ opioid-related creditors (collectively, “Opioid Claimants”). See Notice of Appointment of Opioid Related Claimants Committee [ECF No. 308].
Opioid Claimants may direct any inquiries regarding these proceedings to:
You may also call the telephone number listed in the "Info Center" box to the right.
Contact information for the OCC's proposed advisors is available at the bottom of this page.
Important Information & Dates
Please click here for a detailed case calendar that includes significant dates and deadlines.
At this time, the Debtors have not established a bar date for opioid-related claims. Thus, if your claim is based on direct or indirect exposure to the Debtors’ opioid products or the Debtors’ role in perpetuating the opioid crisis, you are not required to file a proof of claim at this time.
The OCC believes that a bar date and noticing program for Opioid Claimants should be established in these cases, and, therefore, the OCC filed a motion seeking to compel to the Debtors to establish an Opioid Claimant bar date and corresponding noticing program. Absent consensual resolution of the issue with the Debtors, the OCC’s motion to establish a bar date for Opioid Claimants is scheduled to be heard by the Bankruptcy Court on or about January 28, 2021, or on such later date as the parties may agree.
The Court has established bar dates for filing claims other than opioid claims. Information regarding claims that are subject to such bar dates may be found in the Bar Date Notice and the Bar Date Order.
The Debtors filed their Schedules of Assets and Liabilities and Statements of Financial Affairs on December 23, 2020.
Section 341 Meeting of Creditors
In accordance with Section 341 of the Bankruptcy Code, a meeting of the Debtors' creditors was held on Thursday, November 19, 2020 at 10:00 a.m. (ET).
Additional Case Background
On the Petition Date, Mallinckrodt announced that it had entered into several key agreements that, if approved by the Court in connection with a plan of reorganization, would resolve a range of Mallinckrodt's legal liabilities. Such agreements include:
- A restructuring support agreement with key creditors and litigation parties outlining the terms of a financial restructuring designed to strengthen Mallinckrodt’s balance sheet and reduce its debt by approximately $1.3 billion;
- An agreement in principle with certain governmental opioid litigation claimants on a 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.
The U.S. Trustee has also appointed an official committee of unsecured creditors (the “UCC”), which represents the interests of Mallinckrodt’s unsecured creditors other than Opioid Claimants. See Notice of Appointment of Committee of Unsecured Creditors [ECF No. 306]. If you are an unsecured creditor of Mallinckrodt with a non-opioid related claim, please direct any questions or inquiries regarding these proceedings to the advisors to the UCC.
Advisors to the Official Committee of Opioid Related Claimants
Akin Gump Strauss Hauer & Feld LLP
One Bryant Park
New York, NY 10036
Mitchell P. Hurley
Sara L. Brauner
Delaware & Efficiency Counsel
Cole Schotz, P.C.
500 Delaware Avenue, Suite 1410
Wilmington, DE 19801
Justin R. Alberto, Esq.
36 S. Charles St. Suite 2310
Baltimore, MD 21201
520 Madison Avenue
New York, NY 10022
Cassels Brock & Blackwell LLP
Suite 2100, Scotia Plaza, 40 King St. W.
Toronto, ON M5H 3C2 Canada
Natalie E. Levine