Branded Operations Holdings, Inc.

United States Bankruptcy Court, S.D. New York·Decided August 21, 2025·No. 22-22608·Unknown

Opinion

UNITED STATES BANKRUPTCY COURT NOT FOR PUBLICATION SOUTHERN DISTRICT OF NEW YORK --------------------------------------------------------- x In re: : Case No. 22-22608 (JLG) : Chapter 11 Branded Operations Holdings, Inc., et al., : : Debtors.1 : (Jointly Administered) --------------------------------------------------------- x

MEMORANDUM DECISION SUSTAINING PLAN ADMINISTRATOR’S SIXTH OMNIBUS OBJECTION TO CERTAIN CLAIMS TO BE RECLASSIFIED

APPEARANCES:

SEWARD & KISSEL LLP Counsel to the Plan Administrator Patrick J. Bartels One Battery Park Plaza New York, New York 10004 By: Catherine V. LoTempio Brian P. Maloney ROBINSON & COLE LLP Counsel to the Endo Mesh Claims Trustee Heather L. Barlow 666 Third Avenue, 20th Floor New York, New York 10017 By: Mark A. Fink

1 The last four digits of Debtor Branded Operations Holdings Inc.’s tax identification number are 6945. Due to the large number of debtors in these Chapter 11 Cases, a complete list of the debtor entities and the last four digits of their federal tax identification numbers is not provided herein. A complete list of such information may be obtained on the website of the Debtors’ claims and noticing agent at https://restructuring.ra.kroll.com/Endo. The location of the Debtors’ service address for purposes of these Chapter 11 Cases is: 5330 Carmel Crest Lane, Charlotte, NC 28226. HON. JAMES L. GARRITY, JR. U.S. BANKRUPTCY JUDGE

INTRODUCTION2 Patrick J. Bartels is the Plan Administrator of the remaining debtors of Endo International plc and its Debtor affiliates, (collectively, the “Remaining Debtors”) in these chapter 11 cases (the “Chapter 11 Cases”). The matter before the Court is the Plan Administrator’s Sixth Omnibus Objection to Certain Claims (the “Objection”).3 In it, the Plan Administrator is seeking the entry of an order (the “Proposed Order”) pursuant to sections 105(a), 502, and 558 of title 11 of the United States Code (the “Bankruptcy Code”), and rule 3007 of the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”), reclassifying certain claims (the “Reclassified Claims”) filed by the claimants listed in Exhibit 1 (or “Ex. 1”) to the Proposed Order4 (the “Claimants”) as unsecured Class 4(C) Mesh Claims under the Fourth Amended Plan.5

As explained below, the Reclassified Claims consist of one hundred tort claims against the Debtor for personal injuries allegedly resulting from the use of certain transvaginal surgical mesh Products. Almost all of the Reclassified Claims are filed as unspecified “Priority” claims.

2 Capitalized terms used but not otherwise defined herein shall have the meaning ascribed to such terms in the confirmed Fourth Amended Joint Chapter 11 Plan of Reorganization of Endo International plc and its Affiliated Debtors, Endo ECF No. 3849 (the “Fourth Amended Plan,” or the “Plan”) or the Findings of Fact, Conclusions of Law, and Order (I) Confirming the Fourth Amended Joint Chapter 11 Plan of Reorganization of Endo International PLC and its Affiliated Debtors and (II) Approving the Disclosure Statement with Respect Thereto, Endo ECF No. 3960 (the “Confirmation Order”). References to “Endo ECF No. __” are to documents filed on the electronic docket of Case No. 22-22549. References to “Branded ECF No. __” are to documents filed on the electronic docket of Case No. 22-22608. 3 Notice of Plan Administrator’s Sixth Omnibus Objection to Certain Claims, Branded ECF No. 152. In all, the Plan Administrator filed four omnibus objections seeking to reclassify certain claims as unsecured Class 4(C) Mesh Claims under the Fourth Amended Plan. See Branded ECF Nos. 152, 153, 154, and 155. The Court refers to those objections collectively as the “Reclassification Objections.” 4 A copy of the Proposed Order is annexed to the Objection as Exhibit A. 5 “Class 4(C) Mesh Claims” refers to claims relating to any personal injury resulting from the use of mesh products, filed by the General Bar Date. Fourth Amended Plan §§ 1.1.309, 4.6. However, one is filed as a “Priority” claim and a claim entitled to priority under section 503(b)(9) of the Bankruptcy Code, and two seek priority status only under section 503(b)(9). Two of the Section 503(b)(9) Claims assert “Secured” status. The Objection only challenges the classification of the Reclassified Claims. Accordingly, each Claimant will retain an unsecured claim that

incorporates the entire liability asserted by such Claimant, subject to the Plan and/or applicable trust distribution procedures. The Plan Administrator submitted the declaration of Erin McKeighan (the “McKeighan Decl.”) in support of the Objection.6 No Claimant responded to the Objection. Holders of Allowed Class 4(C) Claims are beneficiaries of the Mesh Claims Trust. Heather L. Barlow is the trustee for the trust (the “Mesh Claims Trustee”). She filed a response to the Objection and a reservation of rights (the “Mesh Claims Trustee Response”).7 She submitted a declaration (the “Barlow Decl.”)8 in support of her response.

The Court conducted a hearing on the Objection. The Plan Administrator, the Mesh Claims Trustee, and their respective counsel appeared at the hearing. Ms. McKeighan appeared as a witness. None of the Claimants appeared at the hearing. For the reasons stated herein, the Court sustains the Objection, and reclassifies the Reclassified Claims as Class 4(C) Mesh Claims in accordance with the Plan.

6 Declaration of Erin Mckeighan in Support of Plan Administrator’s Sixth Omnibus Objection to Certain Claims to be Reclassified, Branded ECF No. 152, Ex. B. 7 Endo Mesh Claims Trustee’s Response to and Reservation of Rights with Respect to the Plan Administrator’s Sixth, Seventh, Eighth, and Ninth Omnibus Objections to Certain Claims to be Reclassified, Branded ECF No. 193. 8 Declaration of Endo Mesh Claims Trustee Heather L. Barlow in Support of Trustee’s Response to Plan Administrator’s Sixth, Seventh, Eighth, and Ninth Omnibus Objections to Certain Claims to be Reclassified, Branded ECF No. 193-1. JURISDICTION This Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 157 and 1334 and the Amended Standing Order of Referral of Cases to Bankruptcy Judges of the United States District Court for the Southern District of New York (M-431), dated January 31, 2012 (Preska, C.J.). This

matter is a core proceeding pursuant to 28 U.S.C. § 157(b)(2). In addition, pursuant to the Confirmation Order and Plan, this Court has retained jurisdiction over the Chapter 11 Cases and all matters arising out of, or related to, the Chapter 11 Cases and the Plan, including, among other things, to enter and implement such orders as may be necessary or appropriate to execute, implement, or consummate the provisions of the Plan, the Confirmation Order, and any agreements and documents in connection with or contemplated by the Plan, the Confirmation Order, and the Disclosure Statement. BACKGROUND The Chapter 11 Cases

On August 16, 2022, Endo International plc and seventy-five of its affiliated Debtors each commenced Chapter 11 Cases by filing a petition for relief under chapter 11 of the Bankruptcy Code. Objection ¶ 5. On May 25, 2023, and May 31, 2023, certain additional Debtors also commenced Chapter 11 Cases by filing petitions for relief under chapter 11 of the Bankruptcy Code. Id. The Chapter 11 Cases are being jointly administered. Id.

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