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The Justice Department’s U.S. Trustee Program (USTP) recently prevented the payment of bonuses to an executive of three small businesses that had stopped operating and already had sold their assets in bankruptcy, according to a DOJ press release. Aviation Safety Resources and its two debtor affiliates, which filed for bankruptcy under subchapter V of chapter 11, argued that $30,000 in bonuses were designed to incentivize the companies’ president to avoid leaving for other employment and to facilitate a sale of the debtors’ assets. The U.S. Trustee’s Orlando office objected to the bonuses as a “key employee retention plan,” commonly known as a KERP, which is impermissible under the Bankruptcy Code for insiders unless the proponent can satisfy stringent standards. Among other things, the USTP argued that the bonuses were not incentivizing because they were not tied to any performance-based metrics and that the debtors had already closed on the sale of nearly all their assets three days before filing a motion to approve the bonuses. On February 2, after a half-day trial, the Bankruptcy Court for the Middle District of Florida sustained the U.S. Trustee’s objection and denied the debtors’ KERP motion.

Gemini Trust Co., the crypto exchange founded by twin entrepreneurs Cameron and Tyler Winklevoss, will return at least $1.1 billion to customers though the Genesis Global Capital bankruptcy as part of settlement with the New York Department of Financial Services, Bloomberg News reported. The New York-based firm will also pay a $37 million fine for various compliance failures to the New York Department of Financial Services, Superintendent Adrienne A. Harris said in a statement Wednesday. Gemini is returning the funds to customers who lost money through the Gemini Earn program that the exchange ran together with now-bankrupt lender Genesis Global. Gemini also agreed to contribute $40 million to Genesis’s bankruptcy for the benefit of Earn customers in coordination with the bankruptcy court. “Gemini failed to conduct due diligence on an unregulated third party, later accused of massive fraud, harming Earn customers who were suddenly unable to access their assets after Genesis Global Capital experienced a financial meltdown,” Harris said. “Today’s settlement is a win for Earn customers, who have a right to the assets they entrusted to Gemini.” The Earn program, which was launched in early 2021, let more than 200,000 Gemini users — including almost 30,000 New Yorkers — lend out their coins through Genesis for yield. Genesis stopped withdrawals in late 2022, and filed for bankruptcy in early 2023. Gemini failed to conduct ongoing due diligence into Genesis, or to maintain adequate reserves throughout the running of Earn, the department said.

Rudolph Giuliani must pay the $148 million debt he owes two Georgia election workers — despite his bankruptcy, the pair said in a new complaint, Bloomberg Law reported. The judge overseeing the former New York City mayor’s chapter 11 case shouldn’t allow Giuliani to use bankruptcy to avoid the debt because bankruptcy law blocks the discharge of debt incurred through “willful and malicious injury,” the election workers, Ruby Freeman and Shaye Moss, said in a filing Friday. Freeman and Moss were awarded $148 million in December after a court found Giuliani liable for defaming the pair by accusing them of rigging 2020 election results for Joe Biden. He filed for bankruptcy shortly after. A ruling in favor of Freeman and Moss in the bankruptcy case would prevent Giuliani from clearing what is by far his biggest debt. Giuliani has reported having $10.6 million in assets against almost $153 million in liabilities.

A bankruptcy judge has ruled that Rudy Giuliani, the once-respected former mayor of New York City, can appeal the $146 million verdict after he was found liable of defaming two Georgia elections workers — if he uses pre-approved donors to pay the legal expenses, NBCNews.com reported. In December, an eight-person jury awarded Ruby Freeman and her daughter, Wandrea "Shaye" Moss, the multimillion-dollar judgment after Giuliani was found to have defamed them, which the mother-daughter duo said had changed their lives forever and caused them to be flooded with a torrent of racist and violent threats. Giuliani baselessly accused them of trying to commit fraud in Georgia as part of a multifaceted effort to overturn Donald Trump's 2020 election defeat. Giuliani filed for bankruptcy in New York in December after the federal judge in his Washington case ordered him to start paying the Georgia election workers. On Tuesday, the bankruptcy judge assigned to Giuliani's case in New York said the former mayor must seek the judge's approval before any third-party payment of fees and expenses. Those fees cannot come from Giuliani's existing assets, the judge said. "Any fees and expenses incurred by the Debtor and his advisors in the Freeman Litigation in connection with any Post-Trial Filings and the Notice of Appeal shall not be paid by, and shall not result in a claim against, the Debtor or his estate," U.S. Bankruptcy Judge Sean Lane wrote. In a court filing last week, Freeman and Moss noted that Giuliani's son was president of Giuliani Defense, a legal defense fund, and said it was "essential to obtain clarity on how the Legal Defense Funds were themselves funded." On Monday, Giuliani declared that he had not directly or indirectly donated any money to either of his legal defense funds.

A bankruptcy judge on Friday granted Rudy Giuliani, the former New York City mayor and ex-lawyer for Donald Trump, permission to challenge a $148 million defamation verdict, WSJ Pro Bankruptcy reported. Giuliani filed for chapter 11 protection last month in the U.S. Bankruptcy Court for the Southern District of New York, after a federal district court ordered him to pay the damages to Georgia election workers Ruby Freeman and her daughter Shaye Moss. They had sued Giuliani for defamation after he accused them of meddling with President Trump’s 2020 election results in the state. Earlier this month, Giuliani asked the bankruptcy court for permission to allow him to take steps to fight or reduce the $148 million judgment, to potentially seek a new trial in district court, and, if need be, to file an appeal. Bankruptcy Judge Sean Lane on Friday agreed to Giuliani’s request to seek a new trial or to ask that the damages be reduced. Lane, however, stopped short of granting Giuliani permission to seek a full appeal. Lane stressed that the district court should have much discretion in deciding how to handle or whether to grant the request.

U.S. officials will take money away from victims of the fraud-tainted crypto firm, FTX Trading Ltd. unless a judge rejects the government’s demand for $24 billion in unpaid taxes, the bankrupt company said in a court filing, Bloomberg News reported. The two sides will be in court today arguing over the best procedures to determine how much of the Internal Revenue Service claim is legitimate. FTX wants to set a quick schedule to estimate the claim; the IRS has argued that its audit is ongoing, so asking a judge to estimate how much FTX might owe in taxes is inappropriate. Going forward with a court-supervised estimation process will show that FTX lost money in the three-years it operated, so it could not possibly owe IRS any substantial amount, the company said in court papers filed Sunday. And any money that it could be forced to pay would harm victims of FTX, the company said. In court papers, federal officials said they would eventually amend the $24 billion claim to reclassify at least some as lower-priority, unsecured debt. “The government is not looking for a windfall, only to determine the correct amount of the tax liabilities,” federal lawyers said in the filing. Last month, FTX founder Sam Bankman-Fried was convicted of orchestrating a massive fraud that led to the collapse of his FTX exchange. The company filed for bankruptcy last year after Bankman-Fried agreed to turn over control of his empire to restructuring professionals. Since then, the advisers have been tracking down assets and trying to untangle a complex web of debt owed to various creditors, including customers who put cash and crypto on the trading platform.