Certa Dose gets exclusivity extension in light of feud with Copic

By Sarah Lizee

Olympia, Wash., Sept. 28 – Certa Dose, Inc. secured an extension of its exclusive periods to file and solicit votes on a Chapter 11 plan, according to an order filed Monday with the U.S. Bankruptcy Court for the Southern District of New York.

Specifically, the court extended the plan filing period through Jan. 25, 2022 and the solicitation period through March 26, 2022.

The company said in its motion that it has spent an inordinate amount of time and resources defending against the actions taken by Copic Insurance Co. since shortly after the petition date.

“The debtor has been forced to move the court for the entry of an order imposing the automatic stay to prevent Copic’s prosecution of an action before the Delaware chancery court and has engaged in weeks of discovery and trial preparation to defend against Copic’s motion to transfer venue to the Bankruptcy Court in Colorado,” the company said in its motion.

“Although the debtor’s president has never ceased his efforts to administer the debtor’s reorganization, Copic’s actions have required the debtor to dedicate time and resources to issues unrelated to the debtor’s formulation of a plan.”

The New York-based company develops, licenses and sells pharmaceutical products and technology. The company filed bankruptcy on May 30 under Chapter 11 case number 21-11045.

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