News & Analysis as of

Debtors Cryptocurrency

Falcon Rappaport & Berkman LLP

Understanding the Celsius Settlement Matrix: A Guide for Defendants

The Celsius Network bankruptcy case has been a significant event in the cryptocurrency world, leading to numerous legal battles and adversary proceedings. One of the critical aspects of this case is the recently proposed...more

Seward & Kissel LLP

So Endeth the Shrimp, Confirmation Bias, and Evasive Maneuvers

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Red Lobster Files for Bankruptcy, but Restaurants Will Stay Open | NBC News - The largest seafood chain in the U.S. Red Lobster has filed for voluntary bankruptcy in Florida, but it plans to keep its restaurants open. The...more

Seward & Kissel LLP

Crypto Rally, Poor Stewardship, and Ash to Ash

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Collapsed FTX says it can pay most creditors back in full | CNN Business - On Tuesday, collapsed cryptocurrency exchange FTX unveiled its reorganization plan and stated it has recovered adequate funds to pay the majority...more

Jones Day

Third Circuit: Bankruptcy Court Lacks Discretion to Deny Examiner Appointment Motion in Large Chapter 11 Cases

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The Bankruptcy Code provides that, in chapter 11 cases where the court does not find "cause" for the appointment of a trustee, the court "shall" appoint an examiner, upon a request from the Office of the U.S. Trustee (the...more

Jones Day

The Year In Bankruptcy: 2023

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One year ago, we wrote that 2022 would be remembered in the corporate bankruptcy world for the "crypto winter" that descended in November 2022 with the spectacular collapse of FTX Trading Ltd., Alameda Research, and...more

Nelson Mullins Riley & Scarborough LLP

Emerging Issues in Crypto Bankruptcies

The new frontier of crypto bankruptcies brings with it unique challenges. As more crypto platforms face financial distress and insolvency, investors find themselves navigating the intricacies of the Bankruptcy Code in a...more

Seward & Kissel LLP

Bad Intentions, Demanding a Refund, Leaving the Station, The Lord(stown) Giveth, and Poor Choice

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Celsius files intent to claw back certain pre-bankruptcy withdrawals| CoinTelegraph - On January 9, Celsius bankruptcy administrators notified creditors that account holders who took out more than $100,000 in the 90 days...more

Morris James LLP

Claw-Back Litigation in FTX Bankruptcy FAQs

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FTX Trading Ltd. and FTX.US, together generally known as FTX, operated a successful cryptocurrency exchange. FTX was established in 2018 by Sam Bankman-Fried and, by 2021, had become the third largest cryptocurrency exchange...more

Conyers

Cayman Islands Joint Provisional Liquidators Appointed Over Failed Cryptocurrency Exchange

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On 8 March 2023, the Grand Court of the Cayman Islands appointed Joint Provisional Liquidators (“JPLs”) over Atom Holdings (the “Company”), a Cayman incorporated holding company for the Atom Group, which operated a...more

Paul Hastings LLP

How Would You Like to Pay? The Risks of Lending to Borrowers Who are Paid in Crypto

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As the adoption of cryptocurrencies as a medium of exchange continues to expand within our economy, more and more companies are now accepting payment in digital currencies from their customers. Today you can use...more

Morgan Lewis

How to Navigate the Post-FTX Crypto Bankruptcy Regulatory Landscape

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In the wake of several high-profile collapses of cryptocurrency exchanges, most notably FTX, Celsius, and Voyager, the state of the digital asset landscape is ever-changing, with more questions and landmines than clear paths...more

Seward & Kissel LLP

Converting Celsius to Fahrenheit, “Carnival Barking” Not Allowed, Plastiq Surgery, Core Business and Mojo Rising

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Below is our initial take on recent bankruptcy-related developments: Bankrupt cryptocurrency lender Celsius Network LLC announced this week that it has chosen the proposal from Fahrenheit to exit bankruptcy. Fahrenheit, a...more

Patterson Belknap Webb & Tyler LLP

The Unique Case of Bittrex

On May 8, cryptocurrency platform Bittrex filed for chapter 11 in Delaware. Bittrex’s first day filings emphasize that, unlike many other crypto filings over the past year, this case is not a “free fall” bankruptcy. In...more

White & Case LLP

Crypto Restructuring: Singapore Court Recognises Administrative Convenience Class

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In Re Zipmex Pte Ltd and other matters [2023] SGHC 88, the Singapore High Court imported into the Singapore restructuring regime the US concept of an "administrative convenience class" in a scheme voting exercise. This...more

Seward & Kissel LLP

Halted Voyage, Uptier Puts Minority Lenders to Bed, Boy Scouts’ Releases Upheld, 13 and Counting for SBF, and BBBY Last Gasp

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Judge Halts Voyager Digital's $1.3 Bln Sale to Binance.US | Reuters - On Monday, a New York federal judge stopped bankrupt Voyager Digital from completing a proposed $1.3 billion sale to crypto exchange Binance.US,...more

ArentFox Schiff

Pocket Full of Crypto-Volatility: Stakeholders in Bankrupt Crypto Firms Must be Flexible, Agile & Educated

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Valuation is a key element in bankruptcies. Generally, a higher valuation of a bankrupt firm means larger creditor recoveries, and a higher valuation of pre-petition collateral means a smaller “adequate protection” package...more

Goodwin

Bankrupt in the Metaverse

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Companies are pouring capital into the metaverse, often on expectations of outsized future returns. Investment in the metaverse more than doubled in 2022, and industry experts have projected that the metaverse could generate...more

Seward & Kissel LLP

Not So Silver Lining, Weird Science, F is for Fraud, and Alex Jones Under the Microscope

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Below is our initial take on recent bankruptcy-related developments: Silvergate reported a $1 billion loss for the fourth quarter and said it is unable to meet an extended March 16 deadline for submitting its annual...more

Perkins Coie

FTX Finds Assets and Is Looking for More

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FTX filed its presentation to the Official Committee of Unsecured Creditors (UCC), reporting that FTX has located about $5.5 billion of cash and other liquid assets but less than $1.8 billion of digital assets identified with...more

Seward & Kissel LLP

FTX Found Money, Celebs Get Hosed, and a Potential Retail Reckoning

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Failed Crypto Exchange FTX Has Recovered $5 Billion, Attorney Says | Reuters Bankrupt - FTX has located over $5 billion of cash, liquid cryptocurrency, and liquid investment securities, which does not include another $425...more

Troutman Pepper Locke

Not Your Keys, Not Your Coin: Bankruptcy Court Looks to Contract Law to Determine Consumer Interest-Bearing Crypto Deposits Belong...

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Throughout the latter half of 2022, filing for bankruptcy became a reality for many high-profile crypto firms. The resurgence of “crypto winter” has brought many crypto-related entities to their proverbial knees. Indeed, in...more

UB Greensfelder LLP

Chasing the Crypto: Why a Ruling in the Madoff Case May Significantly Expand the Universe of FTX Clawback Defendants

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While there are still many unknowns in FTX’s bankruptcy including what, exactly, happened to billions of dollars of customer deposits on the former crypto trading platform, one thing is almost certain: there will be an...more

Husch Blackwell LLP

Celsius Bankruptcy Update: Who Owns the Crypto?

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On June 12, 2022, one of the largest crypto lenders in the nation, New Jersey-based Celsius Networks, froze all withdrawals and transfers between its various customer accounts, citing “extreme market conditions,” which in...more

Polsinelli

Celsius Bankrupt Case Update: Bar Date Approaching

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As Celsius Network LLC, et al., Case Number: 22-10964 (MG), proceeds in the Bankruptcy Court for the Southern District of New York (the “Court”), recent case updates relating to the approaching claims bar date...more

Seward & Kissel LLP

Brief: BlockFi Bankruptcy Filing

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BlockFi Inc. and eight of its affiliates (collectively, the “Debtors”) filed the most recent crypto-related chapter 11 this past Monday, November 28, 2022, in the U.S. Bankruptcy Court for the District of New Jersey (the...more

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