|PERNIX THERAPEUTICS HOLDINGS, INC. filed this Form 8-K on 02/27/2019|
Code. No official committee of unsecured creditors (a “Committee”) has been appointed in the above-captioned cases (the “Chapter 11 Cases”).
C. Jurisdiction and Venue. This Court has jurisdiction over the Chapter 11 Cases and the Motion pursuant to 28 U.S.C. §§ 157(b) and 1334, and the Amended Standing Order of Reference from the United States District Court for the District of Delaware dated as of February 29, 2012. Consideration of the Motion constitutes a core proceeding pursuant to 28 U.S.C. § 157(b)(2). The Court may enter a final order consistent with Article III of the United States Constitution. Venue of the Chapter 11 Cases in this District is proper pursuant to 28 U.S.C. §§ 1408 and 1409. The predicates for the relief sought herein are Bankruptcy Code sections 105, 361, 362, 363(c), 363(e), 364(c), 364(d)(1), 364(e), and 507, Bankruptcy Rules 2002, 4001 and 9014, and Local Rule 4001-2.
D. Adequate Notice. On the Petition Date, the Debtors filed the Motion with this Court pursuant to Bankruptcy Rules 2002, 4001 and 9014, and provided notice of the Motion and the Interim Hearing by electronic mail, facsimile, hand delivery or overnight delivery to the following parties or, in lieu thereof, their counsel, if known: (a) the Office of the United States Trustee for the District of Delaware (the “U.S. Trustee”), (b) each of the Debtors’ thirty (30) largest unsecured creditors on a consolidated basis; (c) the Prepetition Treximet Notes Trustee; (d) Highbridge (as defined in the Sedor Declaration); (e) all parties asserting a security interest in the DIP Collateral to the extent any such interest is known to the Debtors; (f) Nalpropion Pharmaceuticals, Inc. (“Nalpropion”) and (g) all parties requesting service in these Chapter 11 Cases pursuant to Bankruptcy Rule 2002 (collectively, the “Notice Parties”). Given the nature of the relief sought in the Motion, this Court concludes that the foregoing notice was sufficient and adequate under the circumstances and complies with the Bankruptcy Code, the Bankruptcy