Morris Nichols Bankruptcy Alert - Pernix Sleep, Inc. and Certain of Its Affiliates File Chapter 11 Bankruptcy Cases in Delaware

On February 19, 2019, Pernix Sleep, Inc. and certain of its affiliates filed voluntary petitions under Chapter 11 of the United States Bankruptcy Code in the U.S. Bankruptcy Court for the District of Delaware. As a courtesy to our clients and friends, the Morris Nichols Business Reorganization & Restructuring Group has summarized information related to the filings below.

Lead Case No. – 19-10323.

Debtors – Pernix Sleep, Inc.; Pernix Therapeutics Holdings, Inc.; Pernix Ireland Limited; Pernix Holdco 3, LLC; Pernix Ireland Pain Designated Activity Company; Pernix Manufacturing, LLC; Pernix Therapeutics, LLC; Cypress Pharmaceuticals, Inc.; Pernix Holdco I, LLC; Pernix Holdco 2, LLC; Respicopea Inc.; Macoven Pharmaceuticals, L.L.C.; Gaine, Inc.; and Hawthorn Pharmaceuticals, Inc.

Description of Debtors – Specialty pharmaceutical companies.

Website of Debtors (URL)

Assigned Judge – The Honorable Christopher S. Sontchi.

Proposed Counsel – The Debtors' proposed bankruptcy co-counsel are Davis Polk & Wardwell LLP and Landis Rath & Cobb LLP.  

Proposed Financial Advisor – Ernst & Young LLP.

Proposed Investment Banker – Guggenheim Partners, LLC. 

Plan Status – No plan was filed with the petitions. 

First Day Hearing – A first day hearing has been scheduled for February 20, 2019 at 11:00 a.m. ET.  

Bankruptcy Documents  –

Please do not hesitate to contact any member of the Morris Nichols Business Reorganization & Restructuring Group if we can be of assistance.


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