On November 7, 2024, the Committee and the Debtor will seek Court approval of the new disclosure statement, ballot forms, and solicitation and voting procedures. Once those are approved by the Court, survivors entitled to vote will have an opportunity to vote on the fourth amended plan. This page will be updated when the deadlines for voting on the fourth amended plan is set by the Court.
Category Archives: Case Updates
Fourth Amended Plan and Supporting Disclosure Statement Filed on September 13, 2024
Following the Supreme Court’s recent decision in Harrington v. Purdue Pharma L. P., 603 U.S.—,144 S. Ct. 2071 (2024), the Committee and Debtor filed the fourth amended plan and supporting disclosure statement on September 13, 2024. The plan was amended consistent with the Supreme Court’s decision that non-consensual third-party releases in a plan are not permitted under the Bankruptcy Code. Because of this development, the fourth amended plan will be distributed to survivors for another vote, after the new disclosure statement, ballot forms, and solicitation and voting procedures are approved by the Court.
Appointment of Paul Van Osselaer as Mediator
On June 7, 2022, the Court appointed Paul Van Osselaer as an additional mediator. The Committee agreed to the appointment of Mr. Van Osselaer. The Committee is continuing to participate in confidential mediation sessions led by Mr. Van Osselaer with the Debtor and its insurers.
Employment of The Claro Group, LLC as the Committee’s Valuation Expert
On June 2, 2022, the bankruptcy court granted the Committee’s application to employ The Claro Group, LLC (“Claro”) as its valuation expert. Claro will provide expert assistance to the Committee with respect to the value of survivor claims and the allocation of the Debtor’s insurance to survivor claims. Claro’s expert services will play a critical role in ensuring that survivors are fairly compensated by the Debtor and its insurers.
