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    FTX Bankruptcy—What Could Be Next for the Industry?
    2022-11-30

    One of the world’s largest cryptocurrency exchanges—FTX Trading Ltd.—and many of its affiliates filed for bankruptcy earlier this month.1 While the full impact of the FTX bankruptcy is not yet clear, various responses from the executive branch and federal and state regulators indicate that, in the short term, agencies will continue to use their existing authorities to seek information about the practices of crypto market participants and to enforce existing rules to protect customers and avoid further market contagion.2 The following statements may indicate what market

    Filed under:
    USA, Banking, Insolvency & Restructuring, IT & Data Protection, Wilmer Cutler Pickering Hale and Dorr LLP, Bitcoin, Due diligence, Cryptocurrency, US Securities and Exchange Commission, FINRA, Commodity Futures Trading Commission (USA), Federal Deposit Insurance Corporation (USA), US Congress, National Futures Association (USA)
    Authors:
    Yoon-Young Lee , Tiffany J. Smith , Matthew B. Kulkin , Michael Held , Susan Schroeder , Eliza Gonzalez
    Location:
    USA
    Firm:
    Wilmer Cutler Pickering Hale and Dorr LLP
    The collapse of ftx - a regulatory and claims perspective
    2022-11-22

    Cryptoassets are traded on a global basis. Indeed, the markets are even more global and constant than markets in more conventional financial instruments, rivalled only perhaps by the FX markets in their reach.

    Filed under:
    Global, USA, Delaware, Banking, Compliance Management, Insolvency & Restructuring, IT & Data Protection, Collyer Bristow LLP, Corporate governance, Blockchain, Due diligence, Cryptocurrency
    Authors:
    Nigel Brahams , David Vaughan , Robin Henry
    Location:
    Global, USA
    Firm:
    Collyer Bristow LLP
    Crypto Commingling: Celsius Examiner files Initial Report
    2022-11-22

    Shoba Pillay, the Examiner appointed in Celsius’ bankruptcy cases, filed her interim report on November 19, 2022. The Celsius Examiner’s report provides some important insight into a crypto-exchange’s operational and risk management failures which may provide investors and creditors some insight into what to expect in FTX.

    Filed under:
    USA, Banking, Insolvency & Restructuring, IT & Data Protection, Crowell & Moring LLP, Bankruptcy, Cryptocurrency
    Authors:
    Frederick (Rick) Hyman , Richard J. Lee
    Location:
    USA
    Firm:
    Crowell & Moring LLP
    Court of Appeal summaries (November 14, 2022 - November 18, 2022)
    2022-11-19

    Following are this week’s summaries of the Court of Appeal for Ontario for the week of November 14, 2022.

    Filed under:
    Canada, USA, Ontario, Banking, Capital Markets, Company & Commercial, Construction, Employment & Labor, Insolvency & Restructuring, Litigation, Real Estate, White Collar Crime, Blaney McMurtry LLP, Bankruptcy, Power of attorney, Financial Crimes Enforcement Network (USA), British Columbia Supreme Court
    Authors:
    John Polyzogopoulos
    Location:
    Canada, USA
    Firm:
    Blaney McMurtry LLP
    Crypto Company FTX Files Massive Bankruptcy in Delaware
    2022-11-21

    Another domino has fallen. Earlier this year, we wrote about the challenges facing the crypto industry that resulted in the bankruptcy filings of Three Arrows Capital, Celsius Network, and Voyager Digital. We noted that other crypto entities could also end up in chapter 11, and that prediction has proven correct.

    Filed under:
    USA, Delaware, Banking, Insolvency & Restructuring, IT & Data Protection, Litigation, Patterson Belknap Webb & Tyler LLP, Due diligence, Cryptocurrency, US Securities and Exchange Commission, Commodity Futures Trading Commission (USA)
    Authors:
    Kimberly Black , Daniel A. Lowenthal
    Location:
    USA
    Firm:
    Patterson Belknap Webb & Tyler LLP
    After STA Travel was liquidated, did the customers, the bank or the creditors get any money?
    2022-11-21

    The COVID-19 Pandemic hit the travel industry hard. Borders were closed, airline fleets were grounded, travel bookings were cancelled, and travel agents were overwhelmed with customers wanting refunds.

    Many travel agents closed their doors because travel bookings dried up.

    STA Travel was one. Across 27 stores in Australia, STA Travel operated as a travel agent, booking travel for customers as agent for travel providers, mainly airlines and tour operators.

    Filed under:
    Australia, Aviation, Banking, Company & Commercial, Insolvency & Restructuring, Leisure & Tourism, Litigation, Cordato Partners, Liquidation, Coronavirus, Insolvency, International Air Transport Association, Corporations Act 2001 (Australia), New South Wales Supreme Court
    Authors:
    Anthony J Cordato
    Location:
    Australia
    Firm:
    Cordato Partners
    Restructuring Department Bulletin - November 2022
    2022-11-17

    Second Circuit Denies Appeal of Windstream Debtors’ Confirmation Order on Equitable Mootness Grounds

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Paul, Weiss, Rifkind, Wharton & Garrison LLP
    Location:
    USA
    Firm:
    Paul, Weiss, Rifkind, Wharton & Garrison LLP
    Rethinking Bankruptcy: The Importance of Focusing on Technology
    2022-11-17

    Bankruptcy is a formal process geared toward preserving stakeholder value. Often, the proceedings include negotiations between stakeholders that are arduous, time-consuming and expensive. Positioning the company for healthy and sustainable growth is often viewed as a postemergence priority, as companies naturally prioritize the near-term financial realities threatening their very survival. 

    Filed under:
    USA, Banking, Insolvency & Restructuring, FTI Consulting Inc, Bankruptcy
    Location:
    USA
    Firm:
    FTI Consulting Inc
    Davies Insolvency Now: Financial Gloom and the Increase in Insolvency Filings (Issue 7)
    2022-11-17

    Bursting the Crypto Bubble and the Financial Turbulence Ahead With the FTX Group’s recent Chapter 11 filing, on the heels of the recent Celsius Network LLC Chapter 11 filing, we have entered what could be described as a “Lehman Brothers moment” for the crypto industry. This observation, together with the recent awarding of the Nobel Prize in Economics to former Federal Reserve chair Ben Bernanke and professors Douglas Diamond and Philip Dybvig for their pioneering research on banks and financial crises, has caused some of us to experience a déjà vu moment.

    Filed under:
    Canada, Ontario, Banking, Capital Markets, Insolvency & Restructuring, IT & Data Protection, Litigation, White Collar Crime, Davies Ward Phillips & Vineberg LLP, Blockchain, Cryptocurrency, Cybersecurity, Anti-money laundering, Non-fungible tokens, US Congress, Supreme Court of Canada, Ontario Superior Court of Justice, British Columbia Supreme Court
    Location:
    Canada
    Firm:
    Davies Ward Phillips & Vineberg LLP
    FTX joins growing list of high-profile and intertwined crypto-related chapter 11 filings
    2022-11-16

    Crypto investors were dealt another blow on November 11 when FTX, the world’s second-largest cryptocurrency exchange, filed for chapter 11 bankruptcy relief in the District of Delaware, along with more than 130 related companies and affiliates. The bankruptcy was spawned by liquidity issues brought on by the sudden collapse in value of FTX’s crypto assets. Starting on November 6, customers simultaneously attempted to withdraw their funds and assets from the exchange, causing a situation akin to a classic bank run that led to an estimated $32 billion in value quickly evaporating.

    Filed under:
    USA, Banking, Insolvency & Restructuring, IT & Data Protection, Thompson Hine LLP, Bankruptcy, Cryptocurrency, US Securities and Exchange Commission
    Authors:
    Sean A. Gordon , Alexander Andrews
    Location:
    USA
    Firm:
    Thompson Hine LLP

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