bankruptcy
Celsius judge says court may look to UK consultation paper in absence of US guidance
The lack of crypto regulation in the United States has long complicated the lives of users and service providers, and now a judge has acknowledged the pain the judiciary also feels from its absence. Chief United States Bankruptcy Judge Martin Glenn, the judge who is leading the Celsius case, said the court will look abroad for guidance in the case. Glenn wrote in an Oct. 17 filing in the Celsius case: “Many, or pe[r]haps most, cases involving cryptocurrency may raise legal issues for which there are no controlling legal precedents in this Circuit or elsewhere in the United States or in other countries in which cases arise.” However, the court may consider the 529-page “Digital Assets: Consultation Paper” published by the Law Commission of England and Wales in the Celsius case in the future...
Texas authorities object to Voyager’s disclosure statement in its current form
The Texas State Securities Board (SSB) and the Texas Department of Banking (DOB) raised an objection in court against Voyager Digital’s disclosure statement, questioning the various methodologies and calculations used to estimate the fair market value of the bankrupt exchange’s crypto assets. In a pleading filed with the United States Bankruptcy Court for the Southern District of New York, the attorneys for the SSB and DOB objected to the order approving the adequacy of Voyager’s amended disclosure statement. Voyager Digital filed for Chapter 11 bankruptcy in New York in July 2022, while proposing a recovery plan for investors. The Texas state authorities argued that Voyager’s disclosure statement, which asserted that creditors might get a 70% return, fails to explain the methodology used ...
Crypto Biz: The Voyager Digital auction is over — What now?
Voyager Digital filed for Chapter 11 bankruptcy in July after its exposure to the toxic Three Arrows Capital led to its ultimate downfall. This week, rumblings of a Voyager Digital auction surfaced, with Cointelegraph breaking the story on the afternoon of Sept. 26 after a reputable source confirmed the parties involved. A few hours later, a winner was announced: crypto exchange FTX US. But, not everyone is convinced that Voyager’s depositors will be taken care of. This week’s Crypto Biz chronicles the bidders involved in the Voyager Digital auction. It also documents the resignation of a disgruntled crypto boss and major funding plans from a blockchain-focused hedge fund. FTX US wins auction for Voyager Digital’s assets Cointelegraph reported this week that crypto exchanges FTX, Binance a...
3AC’s Zhu was in Bangkok, disputed liquidator’s court filing in Singapore: Report
According to a document seen by Bloomberg, Zhu delivered the affidavit in person on Aug. 19. In it, Zhu states that Teneo “had not provided an entirely complete or accurate version of events” to the Singapore court, which granted Teneo’s request for access to 3AC records in Singapore on Aug. 22. Teneo, an advisory firm, was appointed in June to liquidate 3AC assets by a court in the British Virgin Islands, where Singapore-based 3AC had moved its registration. The fund had also announced its intention to move its headquarters to Dubai. According to the affidavit, Teneo misrepresented the operations and relationships between 3AC-related entities, as well as the timeline of events. Zhu stated that Three Arrows Capital Pte Ltd (TACPL) was registered in Singapore until July 31, 2021. It was rep...
US court gives Voyager green light to pay bonuses to key employees
A New York bankruptcy court has given embattled cryptocurrency brokerage Voyager Digital the green light to pay retention bonuses to key staff members. The firm filed a motion with the United States Bankruptcy Court on Aug. 2 seeking approval for its Key Employee Retention Plan (KERP) which entailed $1.9 million worth of payments to 38 key employees that have been identified as crucial to the exchange’s ongoing operation. Creditors of the firm, which filed for bankruptcy in July 2022, had initially opposed Voyager’s KERP payments in a court filing on Aug. 19 claiming that payments to investors should be prioritized ahead of “well-compensated” employees. According to court filings, an agreement was reached between Voyager and the committee of creditors to drop the opposition to the pro...
Celsius calls out Prime Trust in court, alleging firm didn’t turn over $17M in crypto
Crypto lending platform Celsius Network has filed a lawsuit claiming that custodian Prime Trust failed to turn over roughly $17 million worth of cryptocurrency. In a Tuesday filing with the U.S. Bankruptcy Court in the Southern District of New York, Celsius’ legal team brought a complaint against Prime Trust, alleging the company did not return $17 million worth of crypto assets in June 2021 when it terminated its relationship with the lending firm. According to Celsius, Prime Trust acted as crypto custodian for New York- and Washington-based users from 2020 through mid-2021, returning $119 million in crypto following the end of the business arrangement but holding back some funds: 398 Bitcoin (BTC), 3,740 Ether (ETH), 2,261,448 USD Coin (USDC) and 196,268 Celsius (CEL). “Upon the commence...
Celsius Network is bankrupt, so why is CEL price up 4,000% in two months?
Crypto lending platform Celsius Network has an approximately $1.2 billion gap in its balance sheet, with most liabilities owed to its users. In addition, the firm has filed for bankruptcy protection, so its future looks bleak. Still, Celsius Network’s native utility token CEL has soared in valuation by over 4,100% in the last two months, reaching around $3.93 on Aug. 13 compared to its mid-June bottom of $0.093. In comparison, top coins Bitcoin (BTC) and Ether (ETH) rallied 40% and 130% in the same period. CEL/USD daily price chart. Source: TradingView Takeover rumors behind CEL explosion? Technically, the price rally made CEL an excessively valued token in early August when its relative strength index (RSI) crossed above the 70 threshold. Takeover rumors appear to be behind CEL̵...
Voyager plans to resume cash withdrawals on Aug. 11
Crypto lender Voyager Digital Holdings has reported users may be able to make cash withdrawals from the app more than a month after suspending trading, deposits, withdrawals and loyalty rewards. In a Friday blog post, Voyager said clients with U.S. dollars in their accounts could withdraw up to $100,000 in a 24-hour period starting as early as Aug. 11, with the funds received in 5–10 business days. The announcement followed a judge ruling on Thursday the crypto lending firm was cleared to return $270 million in customer funds held at the Metropolitan Commercial Bank in New York. “Requests will be processed as quickly as possible but will require some manual review, including fraud reviews and account reconciliation, and timing will depend, in part, upon the individual banks to which custom...
Fed demands Voyager remove ‘false’ claims deposits are FDIC insured
Cypto lender Voyager Digital has been directed to remove “false and misleading” statements that its user’s deposit accounts are FDIC insured. In a joint letter written on July 28 by Seth Rosebrockfrom & Jason Gonzalez, Assistant General Counsel at the Federal Reserve and the Federal Deposit Insurance Corporation (FDIC) to Voyager Digital, the authors said the representations “likely misled and were relied upon” by customers who placed funds with Voyager who now no longer have access to it. “These representations are false and misleading and, based on the information we have to date, it appears that the representations likely misled and were relied upon by customers who placed their funds with Voyager and do not have immediate access to their funds.” The Fed and FDIC allege that V...
FTX proposes a way to give Voyager Digital clients some of their digital assets back early
FTX and Alameda Ventures want to offer Voyager Digital customers a chance to start a new FTX account with an opening cash balance funded by an early distribution on a portion of their bankruptcy claims, FTX announced in a statement Friday. To accomplish this, Alameda Ventures said it would like to buy all Voyager digital assets and digital asset loans, with the exception of loans to Three Arrows Capital (3AC). A letter from an FTX and Alameda Ventures legal representative explained that Voyager Digital customers who did not choose to create an FTX account would retain their rights in the bankruptcy proceedings, but would not receive early reimbursement. Accepting the offer would protect Voyager Digital clients from the depreciation of the crypto assets they currently do not have acce...
Crypto lender Vauld seeks protection against creditors: Report
Singapore crypto exchange Vauld Group is seeking a moratorium against its creditors — a move that would give the troubled lender more time to restructure its business after collapsing asset prices impacted its operations earlier this month. Vauld filed an application in Singapore on July 8 seeking a moratorium order, The Wall Street Journal reported Wednesday. If granted, the moratorium would provide the distressed lender more time to seek out a proper restructuring plan. The Journal said a Singaporean moratorium order is similar to Chapter 11 bankruptcy in the United States, although the moratorium helps the company avoid complete closure. Vauld issued a statement on July 11 informing the public that it would pursue a moratorium order to give management “the breathing space it requires to...
Crypto Biz: 3AC’s founders are nowhere to be found
In the world of crypto, there’s no such thing as “too big to fail.” Three Arrows Capital, once the most recognizable hedge fund in the industry, has essentially gone belly-up after its founders believed their own hype and decided to go full-degen mode during the worst macro climate of a generation. Since the proverbial shit hit the fan last month, founders Kyle Davies and Su Zhu have kept a very low profile. So low, in fact, that their whereabouts remain a mystery, according to court documents. This week’s Crypto Biz chronicles the latest developments surrounding Three Arrows Capital and explores Grayscale’s legal proceedings against the United States Securities and Exchange Commission (SEC). Liquidators can subpoena 3AC founders despite ‘tricky issues’ with crypto assets We may not ...
