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    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
    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
    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
    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
    What should customers expect from the FTX bankruptcy? Lessons learned from MF Global and similar cases
    2022-11-16

    How did we get here?

    The crypto markets were rocked again last week by the collapse and bankruptcy of FTX and Alameda Research. Within a few short days, Sam Bankman-Fried (SBF) and his companies went from a stabilizing force for markets and acting as an industry leader to causing one of the greatest disruptions in digital asset market history.

    Filed under:
    USA, Derivatives, Insolvency & Restructuring, DLA Piper, Bankruptcy, Cryptocurrency, US Department of Justice, Commodity Futures Trading Commission (USA)
    Authors:
    Noah Schottenstein , Rachel Ehrlich Albanese , Eric Forni , Deborah R. Meshulam , Stuart Brown , Dennis O'Donnell
    Location:
    USA
    Firm:
    DLA Piper
    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
    Stunning Collapse of Global Cryptocurrency Exchange FTX Leads to Bankruptcy
    2022-11-15

    In a sudden and stunning collapse, FTX, the world’s second largest cryptocurrency exchange, run by 30-year-old Sam Bankman-Fried along with more than 130 entities affiliated with FTX, filed for Chapter 11 bankruptcy protection in Delaware on Friday.[1] Separately, the Securities Commission of the Bahamas appointed a Bahamas-based provisional liquidator for the controlling FTX entity and froze its assets along with

    Filed under:
    USA, Banking, Capital Markets, Insolvency & Restructuring, IT & Data Protection, BakerHostetler, Cryptocurrency, US Securities and Exchange Commission
    Authors:
    Michael T. Delaney , Teresa Goody Guillén , Elizabeth A. Green , Keith R. Murphy , Robert A. Musiala Jr. , Veronica Reynolds , Jorian L. Rose , Joanna F. Wasick
    Location:
    USA
    Firm:
    BakerHostetler
    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
    Digital Assets Defined: Writing Digital Assets into the Bankruptcy Code
    2022-11-14

    As discussed in previous installments of this White Paper series, the Lummis-Gillibrand Responsible Financial Innovation Act (the “Bill”)1 proposes a comprehensive statutory and regulatory framework in an effort to bring stability to the digital asset market. One area of proposed change relates to how digital assets and digital asset exchanges would be treated in bankruptcy. If enacted, the Bill would significantly alter the status quo from a bankruptcy perspective

    OVERVIEW OF DIGITAL ASSETS IN BANKRUPTCY

    Filed under:
    USA, Banking, Derivatives, Insolvency & Restructuring, IT & Data Protection, Litigation, Jones Day, Bitcoin, Cryptocurrency, Digital assets, Commodity Futures Trading Commission (USA), Responsible Financial Innovation Act 2022 (USA)
    Authors:
    Dorothy N. Giobbe , Abradat Kamalpour , Dan T. Moss , Mark W. Rasmussen , Ben Rosenblum , Joshua B. Sterling
    Location:
    USA
    Firm:
    Jones Day

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