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    Another Block Falls: BlockFi Files for Chapter 11 Protection, Highlighting Need for Crypto Controls
    2022-12-12

    Just weeks after the “implosion” of cryptocurrency exchange FTX, credit services provider BlockFi filed for Chapter 11 protection with the United States Bankruptcy Court for the District of New Jersey, indicating that it is burdened with billions of dollars of estimated liabilities and more than 100,000 creditors.

    Filed under:
    USA, Insolvency & Restructuring, Dinsmore & Shohl LLP, Blockchain, Bitcoin, Due diligence, Cryptocurrency
    Authors:
    David A. Lopez-Kurtz , Alex J. Albers
    Location:
    USA
    Firm:
    Dinsmore & Shohl LLP
    Crypto Asset Considerations in Bankruptcy and Estate Planning
    2022-12-12

    The market for crypto assets has recently experienced significant tumult as evidenced by the bankruptcy filings of several significant crypto players, including Three Arrows Capital, Voyager Digital, Celsius Networks, FTX and, most recently, BlockFi. These bankruptcy cases give rise to numerous issues for investors holding crypto assets, which can be mitigated with proper diligence and planning. In addition, there are several estate planning and trust-specific considerations that should be addressed when holding crypto assets (or determining whether to invest in crypto assets).

    Filed under:
    USA, Insolvency & Restructuring, Loeb & Loeb LLP, Bitcoin, Cryptocurrency, Insolvency, PayPal
    Authors:
    Noah Weingarten , Paul N. Frimmer
    Location:
    USA
    Firm:
    Loeb & Loeb LLP
    A few additional thoughts… on the regulatory response in the wake of the FTX bankruptcy
    2022-12-07

    We recently had a chance to speak to The Independent and

    Filed under:
    USA, Banking, Capital Markets, Derivatives, Insolvency & Restructuring, IT & Data Protection, Reed Smith LLP, Bitcoin, Cryptocurrency, US Securities and Exchange Commission, Consumer Financial Protection Bureau (USA), Commodity Futures Trading Commission (USA), US Congress
    Authors:
    J.H. Jennifer Lee , Mark E. Bini
    Location:
    USA
    Firm:
    Reed Smith LLP
    What the crypto Winter means for insolvency- With distress in crypto hitting headlines, we unpack the key risks and legal issues facing the industry and investors
    2022-12-05

    There has been no shortage of high-profile insolvencies in the crypto market in recent months across a range of market participants and geographies. These include the US Chapter 11 and Bahamas provisional liquidation of FTX as well as the US Chapter 11 filings of BlockFi, Singapore-based crypto hedge fund ThreeArrows Capital, US-based lenders Celsius Network and Voyager Digital, US-based crypto mining data centre Compute North and German crypto bank Nuri.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Blockchain, Bitcoin, Cryptocurrency, Non-fungible tokens, Financial Conduct Authority (UK)
    Authors:
    John Chetwood , Andrew Cooke , Philip Lis , Alex Cravero , Vrinda Vinayak
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Proposed UCC Amendments to Article 12 Shed New Light on Transacting and Securing Interests in Digital Assets
    2022-12-01

    Summary of Key Uniform Commercial Code (UCC) Amendments

    Filed under:
    USA, Banking, Insolvency & Restructuring, IT & Data Protection, Greenberg Traurig LLP, Blockchain, Bitcoin, Cryptocurrency, Non-fungible tokens, Uniform Commercial Code (USA)
    Authors:
    John Hutton
    Location:
    USA
    Firm:
    Greenberg Traurig LLP
    It’s A Wonderful Life’s Lessons Ring True in BlockFi Bankruptcy
    2022-11-29

    We are heading into the holiday season. It’s a Wonderful Life will be on television. And cryptocurrency bankruptcies will be in the news. Yesterday, BlockFi filed for bankruptcy. What does a seventy year old Frank Capra movie – about a bank run in a small town during the Great Depression – tell us about the latest crypto platform’s liquidity crisis? Will depositors get their money back? Is there any insurance for the creditors?

    Filed under:
    USA, Banking, Insolvency & Restructuring, Womble Bond Dickinson (US) LLP, Bitcoin, Cryptocurrency, Google, Federal Deposit Insurance Corporation (USA), Aon
    Authors:
    Jonathan Reid Reich
    Location:
    USA
    Firm:
    Womble Bond Dickinson (US) LLP
    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
    Zero Degrees Celsius: The Effects of a "Crypto Winter" and Celsius’ Bankruptcy on Crypto Customers
    2022-11-28

    Part 1 – Celsius Bankruptcy

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Sullivan & Worcester LLP, Bankruptcy, Bitcoin, Cryptocurrency, Non-fungible tokens, Uniform Commercial Code (USA)
    Authors:
    Alexander D. Fung , Ryan M. Rosenblatt , Amy A. Zuccarello
    Location:
    USA
    Firm:
    Sullivan & Worcester LLP
    Crypto Exchange Bankruptcies: Are Prepetition Crypto Withdrawals and DeFi Loan Repayments Avoidable Preferences?
    2022-11-18

    Over the span of two weeks in July 2022, two of the largest retail-facing cryptocurrency platforms, Celsius and Voyager, filed for chapter 11 bankruptcy protection.

    Filed under:
    Global, USA, Insolvency & Restructuring, Litigation, Morrison & Foerster LLP, Blockchain, Bitcoin, Cryptocurrency, Uniform Commercial Code (USA)
    Authors:
    Theresa A. Foudy , Andrew Kissner
    Location:
    Global, USA
    Firm:
    Morrison & Foerster LLP
    FTX bankruptcy: how do you solve the problem of crypto-assets in insolvency?
    2022-11-11

    Cryptocurrency exchange FTX has filed for bankruptcy in the USA after the proposed bail-out by rival exchange, Binance, fell through earlier this week.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, IT & Data Protection, Litigation, Stevens & Bolton LLP, Bitcoin, Cryptocurrency, Insolvency
    Authors:
    Lucy Trott
    Location:
    United Kingdom
    Firm:
    Stevens & Bolton LLP

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