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    Singapore High Court Decision Clarifies When Foreign Debtors May Restructure Debts in Singapore
    2022-08-24

    The Singapore High Court has clarified the definition of “centre of main interests” in the context of a crypto exchange group seeking to restructure its collective debts in Singapore. The analysis has implications to any group business which has interconnected shared services provided by the group companies in a collective service “ecosystem” to customers.

    Filed under:
    Singapore, Insolvency & Restructuring, Litigation, Morgan, Lewis & Bockius LLP, Cryptocurrency, UNCITRAL
    Location:
    Singapore
    Firm:
    Morgan, Lewis & Bockius LLP
    Under the Fed’s Tiered System, Requests for Master Account Access by Cryptocurrency Companies Will Be Subject to the Strictest Scrutiny
    2022-08-19

    On August 15, the Federal Reserve Board (Fed) issued final guidelines, outlining the tiered approach it will use when evaluating the growing requests from fintech firms and cryptocurrency companies for access to master accounts.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Troutman Pepper, Fintech, Cryptocurrency, Federal Deposit Insurance Corporation (USA)
    Authors:
    Keith J. Barnett , Carlin A. McCrory , Ethan G. Ostroff , James W. Stevens
    Location:
    USA
    Firm:
    Troutman Pepper
    Your Crypto Platform Filed for Bankruptcy. Now What?
    2022-08-16

    The recent bankruptcy filings of Voyager Digital Holdings, Inc. (Voyager) and Celsius Network LLC (Celsius) have abruptly introduced many customers to the bankruptcy process for the first time. Lowenstein Sandler’s experienced bankruptcy and crypto practices are monitoring these cases–and the entire crypto market–to help keep crypto customers and other interested parties educated and informed with respect to the bankruptcy process and what to expect going forward.

    Who Is Protecting Your Rights?

    Filed under:
    USA, Banking, Insolvency & Restructuring, IT & Data Protection, Lowenstein Sandler LLP, Bankruptcy, Cryptocurrency
    Authors:
    Jeffrey Cohen , Andrew David Behlmann , Phillip Khezri
    Location:
    USA
    Firm:
    Lowenstein Sandler LLP
    Crypto Assets in the Voyager Bankruptcy: Can Customers Recover?
    2022-08-11

    The crypto winter has overcast the summer for many Voyager customers. Upon the commencement of Voyager’s chapter 11 filing in July, customer accounts were frozen. Unable to trade their own crypto assets, some frustrated customers rushed to consult with legal counsel. Others began studying bankruptcy law in the hopes of finding a legal solution. It was only late last week, on August 4, when some customers found relief from the crypto storm: Judge Michael Wiles approved Voyager’s motion to allow certain customers who had cash in their accounts to withdraw cash, up to $270 million.

    Filed under:
    USA, Banking, Insolvency & Restructuring, IT & Data Protection, Litigation, Bracewell LLP, Blockchain, Cryptocurrency
    Authors:
    Mark E. Dendinger , Anne M. Termine
    Location:
    USA
    Firm:
    Bracewell LLP
    Celsius Networks’ Bankruptcy Case Update: It’s Still Early Days
    2022-08-03

    Now that their bankruptcy filing is a few weeks behind us, we provide below an update on certain matters of interest in the case of Celsius Networks and its affiliates. Of course, it’s still very early in the bankruptcy case — and in cryptocurrency cases in general — but we have already heard from many distressed opportunity investors that are interested in identifying investment opportunities. Given the novel legal and difficult valuation issues involved, it will be important to keep a close eye on the developments in these proceedings.

    Filed under:
    USA, Banking, Insolvency & Restructuring, IT & Data Protection, Crowell & Moring LLP, Blockchain, Bitcoin, Cryptocurrency
    Authors:
    Frederick (Rick) Hyman , Richard J. Lee
    Location:
    USA
    Firm:
    Crowell & Moring LLP
    UK Financial Services and Markets Bills 2022
    2022-08-02

    The recently published Financial Services and Markets Bill (FSM Bill) is intended to recast the U.K.’s regulatory architecture post-Brexit. It was introduced to Parliament on 20 July 2022. The Bill implements the outcomes of the Future Regulatory Framework Review, which assessed whether the U.K.

    Filed under:
    European Union, United Kingdom, Banking, Capital Markets, Insolvency & Restructuring, Public, White Collar Crime, A&O Shearman, Corporate governance, Brexit, Bitcoin, Climate change, Cryptocurrency, Anti-money laundering, Financial Conduct Authority (UK), HM Treasury (UK), Bank of England, MiFID, Financial Services and Markets Act 2000 (UK), Markets in Financial Instruments Regulation (2014/600/EU)
    Authors:
    Barnabas (Barney) Reynolds , Thomas Donegan , Alexander Wood , Simon Dodds , Michael Scargill , Tom McKay , Wilf Odgers , Olivia Merrett , Chloe Barrowman , Sandy Collins
    Location:
    European Union, United Kingdom
    Firm:
    A&O Shearman
    UK financial services and markets bill 2022
    2022-08-01

    The recently published Financial Services and Markets Bill (FSM Bill) is intended to recast the U.K.’s regulatory architecture post-Brexit. It was introduced to Parliament on 20 July 2022. The Bill implements the outcomes of the Future Regulatory Framework Review, which assessed whether the U.K.

    Filed under:
    European Union, United Kingdom, Banking, Capital Markets, Insolvency & Restructuring, Public, White Collar Crime, A&O Shearman, Corporate governance, Brexit, Bitcoin, Climate change, Cryptocurrency, Anti-money laundering, Financial Conduct Authority (UK), HM Treasury (UK), Bank of England, MiFID, Financial Services and Markets Act 2000 (UK), Markets in Financial Instruments Regulation (2014/600/EU)
    Authors:
    Barnabas (Barney) Reynolds , Thomas Donegan , Alexander Wood , Simon Dodds , Michael Scargill , Tom McKay , Wilf Odgers , Olivia Merrett , Chloe Barrowman , Sandy Collins
    Location:
    European Union, United Kingdom
    Firm:
    A&O Shearman
    Chapter 15 - A Useful Tool for Protecting and Preserving Assets in Cryptocurrency Insolvency Proceedings
    2022-08-01

    The Bankruptcy Protector

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Bitcoin, Cryptocurrency, Ninth Circuit
    Authors:
    Gary M. Freedman
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Voyager: The Convergence of Chapter 11 and the Crypto Winter
    2022-07-27

    Voyager Digital Assets, Inc., a leading cryptocurrency brokerage and lending platform, filed for Chapter 11 bankruptcy protection on July 5, 2022 in the Southern District of New York following a recent financial crisis impacting the crypto industry, which investors are calling the “crypto winter.” The filing was followed by the Chapter 11 bankruptcy of Celsius Networks. While the situation is fluid, these two filings could be the beginning of a series of bankruptcies by major cryptocurrency companies.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Bracewell LLP, Bankruptcy, Cryptocurrency
    Authors:
    Mark E. Dendinger , Anne M. Termine , Seth D. DuCharme , Charles R. Mills , Meagan C. Maloney
    Location:
    USA
    Firm:
    Bracewell LLP
    It’s Getting Chilly: The “Cryptowinter” Marches On
    2022-07-28

    It’s been a hard year for cryptocurrency. The values of most cryptocurrencies, including major coins such as Bitcoin and Ethereum, have continued to tumble. In fact, the price of one stablecoin, which is a form of cryptocurrency tied to another currency, commodity or financial instrument, de-pegged from its cryptocurrency token and entered into a downward spiral. Ultimately, the stablecoin and the crypto token it was pegged to collapsed, erasing $18 billion of value with it.

    Filed under:
    British Virgin Islands, USA, Banking, Derivatives, Insolvency & Restructuring, IT & Data Protection, Patterson Belknap Webb & Tyler LLP, Cryptocurrency, Coronavirus, US Securities and Exchange Commission, Commodity Futures Trading Commission (USA), US Congress
    Authors:
    Kimberly Black , Daniel A. Lowenthal
    Location:
    British Virgin Islands, USA
    Firm:
    Patterson Belknap Webb & Tyler LLP

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