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Disclaimer


Solicitation Materials:

On June 26, 2024, the Bankruptcy Court entered the Order (I) Approving Disclosure Statement and Form and Manner of Notice of Disclosure Statement Hearing, (II) Establishing Solicitation and Voting Procedures, (III) Scheduling Confirmation Hearing, (IV) Establishing Notice and Objection Procedures for Confirmation of Plan, and (V) Granting Related Relief [Docket No. 195].

Please see below for materials related to the Amended Joint Plan of ProSomnus, Inc., et al.:

Amended Joint Chapter 11 Plan of Reorganization of Prosomnus, Inc. and Its Debtor Affiliates (Solicitation Version)

Disclosure Statement for Amended Joint Chapter 11 Plan of Reorganization of Prosomnus, Inc. and Its Debtor Affiliates (Solicitation Version)

Notice of Hearing to Consider Confirmation of the Chapter 11 Plan Filed by the Debtors and Related Voting and Objection Deadlines

The Voting Deadline is July 19, 2024 at 4:00 p.m. (ET).

The Plan Objection Deadline is July 22, 2024 at 4:00 p.m. (ET).

The Confirmation Hearing is scheduled for July 30, 2024 at 10:00 a.m. (ET).

To view all plan related related documents, please click here.

General Information:

On May 7, 2024, ProSomnus, Inc. and two affiliated debtors (collectively, the “Debtors”) filed voluntary petitions for relief under chapter 11 of the United States Bankruptcy Code (the “Bankruptcy Code”). The cases are jointly administered under Case No. 24-10972, before the Honorable John T. Dorsey, in the United States Bankruptcy Court for the District of Delaware (the “Bankruptcy Court”).

Debtor Name Debtor Case Number
ProSomnus, Inc. 24-10972
ProSomnus Holdings, Inc. 24-10973
ProSomnus Sleep Technologies, Inc. 24-10974

For additional information, please call (888) 647-1744 (U.S./Canada) or (310) 751-2628 (International) or click here to submit an inquiry.

Common and Preferred Stock Notice

Important - Attention Direct and Indirect Holders of, and Prospective Holders of, Common Stock Issued by ProSomnus, Inc.:

Pursuant to the Final Order (I) Establishing Notification Procedures and Approving Restrictions on Certain Transfers of, or Worthlessness Deductions with Respect to, Stock of the Debtors and (II) Granting Related Relief [Docket No. 170], the restrictions, notification requirements, and/or other procedures contained in Exhibit 1 and Exhibit 2 of the Final Order apply to all transfers of, and claiming a worthless stock deduction with respect to, common and preferred stock of the Debtors.

Please click here to view the Notice of Final Order.

Important Dates, Deadlines & Documents Show All Dates

July 30, 2024
(10:00 a.m. ET)

June 26, 2024
(10:00 a.m. ET)

June 10, 2024
(2:00 p.m. ET)

June 5, 2024
(10:00 a.m. ET)

May 7, 2024

June 26, 2024
(10:00 a.m. ET)

May 9, 2024
(10:00 a.m. ET)

Meeting of Creditors

The Meeting of Creditors pursuant to Section 341 of the Bankruptcy Code (the "Meeting of Creditors") was held on June 10, 2024 at 2:00 p.m. (Eastern Time). Please review the Notice of Chapter 11 Bankruptcy Cases [Docket No. 68] and Notice of Telephonic Section 341 Meeting [Docket No. 57] for additional information.

Telephonic Section 341 Meeting
Dial in: 1-866-621-1355
Participant Code: 7178157#

Rule 9001(5) of the Federal Rules of Bankruptcy Procedure requires that a representative of the Debtor appear at the Meeting of Creditors for the purpose of being examined under oath by a representative of the Office of the United States Trustee and by any interested parties that attend the meeting. Creditors are welcome, but not required, to attend the meeting. The Meeting of Creditors may be continued or adjourned by notice at the meeting, without further written notice to creditors.

Parties & Addresses


United States Bankruptcy Court
District of Delaware
824 North Market Street, 3rd Floor
Wilmington, DE 19801
T: (302) 252-2900
http://www.deb.uscourts.gov


ProSomnus Claims Processing Center
c/o KCC dba Verita
222 N Pacific Coast Highway, Suite 300
El Segundo, CA 90245
T: (888) 647-1744


Please file proof(s) of claim, if any, via US Mail or other hand delivery system. Additionally, you may submit an electronic proof(s) of claim (ePOC) via this website. Facsimile and other electronic delivery methods are not acceptable. You must file an originally executed proof of claim. If you would like a copy of your claim returned to you as proof of receipt, please enclose an additional copy and a self-addressed postage-paid envelope.

Attorneys' Addresses

Shanti M. Katona
Katherine M. Devanney
Michael V. DiPietro
Email: skatona@polsinelli.com
Email: kdevanney@polsinelli.com
Email: mdipietro@polsinelli.com
Polsinelli PC
222 Delaware Avenue, Suite 1101
Wilmington, DE 19801
T: (302) 252-0920
F: (302) 252-0921
https://www.polsinelli.com


Mark B. Joachim
Email: mjoachim@polsinelli.com
Polsinelli PC
1401 Eye Street, N.W., Suite 800
Washington, DC 20005
T: (202) 783-3300
F: (202) 783-3535
https://www.polsinelli.com