Pernix Therapeutics/Pernix Sleep, Inc.

Case No. 19-10323

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Case Background

On February 18, 2019, Pernix Sleep, Inc. and 13 affiliated debtors (collectively, "Pernix Therapeutics" or the "Debtors") each filed a voluntary petition for relief under Chapter 11 of the United States Bankruptcy Code in the United States Bankruptcy Court for the District of Delaware.  The cases are pending before the Honorable Christopher S. Sontchi and are jointly administered under Case No. 19-10323.

Important Information & Dates

Useful Links

February 19, 2019 Press Release
Frequently Asked Questions - Vendor & Supply Chain
Frequently Asked Questions - Customers
Form 8-K dated February 19, 2019
Form 8-K dated February 27, 2019

Notice of Sale, Sale Procedures, Auction and Sale Hearing

Plan & Disclosure Statement

On June 20, 2019, the Bankruptcy Court entered an order Confirming the Third Amended Joint Plan of Liquidation and approving on a final basis the First Amended Disclosure Statement for the Joìnt Plan of Liquidation. The Effective Date of the Plan occurred on June 24, 2019.

Please click here to view the Debtors' Plan & Disclosure Statement.

Deadline to File Claims

The Bankruptcy Court has set the following deadlines for filing proofs of claim against the Debtor:

  • General Bar Date: June 3, 2019, at 4:00 p.m., prevailing Eastern Time
  • Administrative Bar Date: June 3, 2019, at 4:00 p.m., prevailing Eastern Time
  • Governmental Bar Date: August 19, 2019, at 4:00 p.m., prevailing Eastern Time

Click on "Submit a Claim" above to download a proof of claim form and for more information regarding filing a claim against the Debtor.

Hearing on First Day Motions

A hearing on the Debtors' First Day Motions was held on February 21, 2019, and a final hearing on certain of the First Day Motions was held on March 22, 2019. 

Please click below to view and download the First Day Motions and the First Day Orders:

First Day Motions

First Day Orders

Dates

DonwlaodClaim
June 24 2019 Effective Date ----- Notice of Effe... Add to Calendar
January 9 2020 Omnibus Hearing 10:00 a.m. (ET) Order Scheduli... Add to Calendar
+ SHOW ALL DATES
February 18 2019 __
Petition Date Add to Calendar
February 21 2019 11:00 a.m. (ET)
First Day Hearing Amended Notice of Agenda of Matters Scheduled for Hearing Filed by Pernix Sleep, Inc.. Hearing scheduled for 2/21/2019 at 11:00 AM at US Bankruptcy Court, 824 M... Add to Calendar
March 22 2019 2:00 p.m. (ET)
Final Hearing on Certain First Day Motions Notice of Rescheduled Hearing Hearing Originally Scheduled for March 14, 2019 has been rescheduled. Filed by Pernix Sleep, Inc.. Hearing scheduled for 3/22/201... Add to Calendar
March 22 2019 2:00 p.m. (ET)
Omnibus Hearing Notice of Agenda of Matters Scheduled for Hearing Filed by Pernix Sleep, Inc.. Hearing scheduled for 3/22/2019 at 02:30 PM at US Bankruptcy Court, 824 Market St... Add to Calendar
March 26 2019 10:00 a.m. (ET)
Meeting of Creditors Notice of Meeting of Creditors/Commencement of Case Filed by Pernix Sleep, Inc.. 341(a) meeting to be held on 3/26/2019 at 10:00 AM at J. Caleb Boggs Federal B... Add to Calendar
April 8 2019 3:30 p.m. (ET)
Cancelled: Omnibus Hearing HEARING CANCELLED. Notice of Agenda of Matters not going forward. The following hearing has been cancelled. Filed by Pernix Sleep, Inc.. Hearing scheduled for 4... Add to Calendar
April 15 2019 2:00 p.m. (ET)
Sale Hearing Notice of Sale of Property Free and Clear of Liens - 363(f) FRBP 6004 (Notice of Sale, Sale Procedures, Auction and Sale Hearing) Filed by Pernix Sleep, Inc.. H... Add to Calendar
April 15 2019 2:00 p.m. (ET)
Omnibus Hearing Order Scheduling Omnibus Hearings. All hearings will be held at US Bankruptcy Court, 824 Market St., 5th Fl., Courtroom #6, Wilmington, Delaware. Omnibus Hearin... Add to Calendar
April 22 2019 10:00 a.m. (ET)
Omnibus Hearing Order Scheduling Omnibus Hearings. All hearings will be held at US Bankruptcy Court, 824 Market St., 5th Fl., Courtroom #6, Wilmington, Delaware. Omnibus Hearin... Add to Calendar
May 6 2019 1:00 p.m. (ET)
NOTE NEW TIME Omnibus Hearing Amended Notice of Agenda of Matters Scheduled for Hearing Filed by Pernix Sleep, Inc.. Hearing scheduled for 5/6/2019 at 01:00 PM at US Bankruptcy Court, 824 Ma... Add to Calendar
May 30 2019 1:30 p.m. (ET)
Cancelled: Omnibus Hearing HEARING CANCELLED. Notice of Agenda of Matters not going forward. The following hearing has been cancelled. Filed by Pernix Sleep, Inc., Pernix Therapeutics, LL... Add to Calendar
June 3 2019 4:00 p.m. (ET)
General Claims Bar Date Notice of Bar Date (Notice of Dates by which Parties Must File Proofs of Claim and Administrative Claims and Procedures for Filing Proofs of Claim and Administr... Add to Calendar
June 20 2019 2:00 p.m. (ET)
Omnibus Hearing Amended Notice of Agenda of Matters Scheduled for Hearing Filed by Pernix Sleep, Inc.. Hearing scheduled for 6/20/2019 at 02:00 PM at US Bankruptcy Court, 824 M... Add to Calendar
June 24 2019 -----
Effective Date Notice of Effective Date (Notice of Entry of the Order (I) Approving the Disclosure Statement on a Final Basis and (II) Confirming the Third Amended Joint Plan ... Add to Calendar
August 20 2019 3:00 p.m. (ET)
Cancelled: Omnibus Hearing Notice of Agenda of Matters Scheduled for Hearing Filed by Pernix Sleep, Inc.. Hearing scheduled for 8/20/2019 at 03:00 PM at US Bankruptcy Court, 824 Market St... Add to Calendar
October 30 2019 14:00 p.m. (ET)
Cancelled: Omnibus Hearing Order Scheduling Omnibus Hearings. Omnibus Hearings scheduled for 10/30/2019 at 02:00 PM US Bankruptcy Court, 824 Market St., 5th Fl., Courtroom #6, Wilmington,... Add to Calendar
January 9 2020 10:00 a.m. (ET)
Omnibus Hearing Order Scheduling Omnibus Hearings. Omnibus Hearings scheduled for 1/9/2020 at 10:00 AM US Bankruptcy Court, 824 Market St., 5th Fl., Courtroom #6, Wilmington, D... Add to Calendar

Parties

Counsel for Justin R. Alberto, Liquidating Trustee of the Pernix Liquidating Trust

  • Bayard, P.A.

    600 N. King Street, Suite 400
    Wilmington, DE   19801
    https://www.bayardlaw.com/
    Phone: 302.655.5000
    Fax: 302.658.6395

    Daniel N. Brogan
    Gregory J. Flasser

Debtors' Counsel

  • Davis Polk & Wardwell LLP

    450 Lexington Avenue
    New York, NY   10017
    https://www.davispolk.com/
    Phone: 212.450.4000
    Fax: 212.701.5800

    Marshall S. Huebner
    Eli J. Vonnegut
    Christopher Robertson

  • Landis Rath & Cobb LLP

    919 Market Street, Suite 1800
    Wilmington, DE   19801
    https://lrclaw.com/
    Phone: 302.467.4400
    Fax: 302.467.4450

    Adam G. Landis
    Kerri K. Mumford
    Jennifer L. Cree
    Nicolas E. Jenner

United States Trustee and Court Information

Debtors

Case Number Debtor Name Petition Date
Case Number 19-10323 Debtor Name Pernix Sleep, Inc. Petition Date February 18, 2019
Case Number 19-10330 Debtor Name Cypress Pharmaceuticals, Inc. Petition Date February 18, 2019
Case Number 19-10335 Debtor Name Gaine, Inc. Petition Date February 18, 2019
Case Number 19-10336 Debtor Name Hawthorn Pharmaceuticals, Inc. Petition Date February 18, 2019
Case Number 19-10334 Debtor Name Macoven Pharmaceuticals, L.L.C. Petition Date February 18, 2019
Case Number 19-10331 Debtor Name Pernix Holdco 1, LLC Petition Date February 18, 2019
Case Number 19-10332 Debtor Name Pernix Holdco 2, LLC Petition Date February 18, 2019
Case Number 19-10326 Debtor Name Pernix Holdco 3, LLC Petition Date February 18, 2019
Case Number 19-10325 Debtor Name Pernix Ireland Limited Petition Date February 18, 2019
Case Number 19-10327 Debtor Name Pernix Ireland Pain Designated Activity Company Petition Date February 18, 2019
Case Number 19-10328 Debtor Name Pernix Manufacturing, LLC Petition Date February 18, 2019
Case Number 19-10324 Debtor Name Pernix Therapeutics Holdings, Inc. Petition Date February 18, 2019
Case Number 19-10329 Debtor Name Pernix Therapeutics, LLC Petition Date February 18, 2019
Case Number 19-10333 Debtor Name Respicopea, Inc. Petition Date February 18, 2019