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Gemini Files $1.6 Billion Lawsuit Against Genesis for GBTC Shares

Submitted by ckanon@abi.org on
New York-based cryptocurrency exchange Gemini has officially initiated legal action against Digital Currency Group’s (DCG) Genesis Global in the Southern District of New York Bankruptcy Court, Zycrypto reported. According to a statement by the exchange, the lawsuit seeks to recover $1.6 billion in value from Gemini, allegedly owed to earn users who have been caught in the middle of the bitter dispute. The saga began in the summer of 2022, when Gemini insisted that Genesis provide security for all loans taken by 232,000 earn users. Genesis subsequently pledged 62 million shares of Grayscale Bitcoin Trust as collateral to secure these loans. These shares, valued at almost $1.6 billion today, were meant to satisfy the claims of every earn user fully. However, Gemini has claimed that it only received $284.3 million from foreclosing on the collateral for the benefit of earn users, a statement that Genesis had previously disputed. Gemini further argued that Genesis has refused to remit the rest of the amounts, including a second tranche of collateral worth more than $800 million. As per the exchange, this collateral also belongs to earn users, as stipulated in an amendment to the security agreement. The exchange further argued that this stubbornness on Genesis’s part is an attempt to deny earn users access to millions in post-foreclosure appreciation. The filing called for the bankruptcy court’s confirmation of the legitimacy of Gemini’s foreclosure on the initial collateral and the recognition of earn users’ rights to the additional collateral. It also sought to halt Genesis’s proposed reorganization plan, thus threatening to divert value from earn users to other creditors.
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Junk Bond Investors Are Ignoring Warning Signs from U.S. Bankruptcy Courts

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Yield-hungry investors are seemingly refusing to see rising risks that threaten to spill over from U.S. bankruptcy courts, Bloomberg News reported. Federal Reserve interest-rate hikes beginning last year have sent the cost of money shooting higher, and companies in 2023 have been buckling at the second-fastest rate since the financial crisis. Despite that, the average risk premium for U.S. high-yield debt has remained muted — averaging 420 basis points this year — suggesting investors don’t find junk-rated companies all that risky. So far this year, 175 large companies have filed for bankruptcy in the U.S. as of Oct. 21 — a roughly 63% increase compared to the average for that period since the turn of the century, data compiled by Bloomberg shows. At the end of September, default rates for U.S. speculative-grade corporates had risen to 4.9%, from just over 1% at the start of last year, according to Moody’s Investors Service. The option-adjusted spread for high-yield debt, however, peaked at little more than 516 basis points over Treasuries in March and has since fallen to 420 basis points as of Wednesday, Bloomberg-compiled data shows. That’s less than the average spread over the last decade of 426 basis points, generally a period of low borrowing costs and low defaults. The spread was higher in 2015 — peaking at 691 basis points — when big corporate collapses were relatively rare compared to now, at just 105 big bankruptcies in total.

Analysis: The $1.5 Trillion Private-Credit Market Faces Challenges

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The boom in private credit, a fast-growing $1.5 trillion corner of Wall Street born during an era of ultralow interest rates, is starting to show cracks, WSJ Pro Bankruptcy reported. High borrowing costs, an economic slowdown and contractions in credit markets are testing private credit as never before. Many borrowers paying floating rates that fluctuate with benchmark interest rates are having a difficult time keeping up with rising debt payments, resulting in defaulting loans and, in some cases, bankruptcies. Some companies that turned to private debt to fund acquisitions and expansions during years of low interest rates are finding it harder to pay those installments. Small and less profitable borrowers were some of the most frequent users of private debt. Now, many of these companies are in negotiations with their private lenders and advisers. Private-credit funds haven’t weathered an interest rate environment like this before. The only recent whiff of trouble was at the start of the pandemic, when a slew of debt went unpaid, but that was quickly repaid as companies and consumers received massive government stimulus checks. The asset class largely thrived in an easy-money environment by collecting interest payments.

Judge Rejects an 11th-Hour Bid to Free FTX Founder Sam Bankman-Fried During His Trial

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A judge yesterday closed the door on FTX founder Sam Bankman-Fried’s hopes to be free during his trial, although he extended the hours that the cryptocurrency peddler can meet with his lawyers in a federal courthouse, the Associated Press reported. At a hearing, Judge Lewis A. Kaplan rejected a request by Bankman-Fried’s lawyers to free their client so he could better prepare his defense against charges that he defrauded cryptocurrency investors. Bankman-Fried, 31, faces the start of his trial Tuesday in Manhattan. He has pleaded not guilty. His lawyer, Mark Cohen, told Kaplan that he cannot meaningfully confer with his client as long as Bankman-Fried is jailed at the Metropolitan Detention Center in Brooklyn. He also insisted that there was no risk that Bankman-Fried would flee, prompting Judge Kaplan to interrupt him. “The closer we get to trial, the more I’m wondering about that,” Judge Kaplan said. "Your client, if there is conviction, could be looking at a very long sentence. If things begin to look bleak — maybe he feels that now — if that were to happen and if he had the opportunity, maybe the time would come that he would seek to flee.” Judge Kaplan revoked Bankman-Fried's $250 million bond last month after concluding that Bankman-Fried had tried to influence potential trial witnesses.

Court Tosses Lawsuit That Threatened Private-Equity Debt Market

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Wall Street lenders prevailed in a closely watched legal case that threatened to upend the syndicated-loan market, a key source of capital for private-equity firms, the Wall Street Journal reported. The U.S. Court of Appeals for the Second Circuit in New York yesterday ruled that a group of banks, including JPMorgan Chase and Citigroup, aren’t liable for the failure of a 2014 loan to drug-testing business Millennium Health. The verdict confirms a district court’s 2020 dismissal of the suit brought by Millennium bankruptcy trustee Marc Kirschner, who sought to increase recoveries for the company’s creditors. The banks chopped up the $1.8 billion loan and sold it to about 400 investors, who then lost money when Millennium filed for bankruptcy in 2015 and defaulted on the loan after settling a government investigation into illegal billing practices. The decision resolves—for now—a technical question with great significance for the $2.5 trillion U.S. syndicated-loan market. The circuit judges said they didn’t think the syndicated debt should be classified as a security, such as stocks and bonds. Earlier court rulings had come to the same conclusion “and plaintiff offers no compelling reason to revisit that decision now,” the appeals-court judges said.