Skip to main content

%1

Crypto Lender BlockFi Emerges from Bankruptcy

Submitted by jhartgen@abi.org on

BlockFi emerged from bankruptcy on Tuesday, nearly 11 months after it was swept away by the turbulence in the cryptocurrency industry following the collapse of FTX, Reuters reported. In its bankruptcy filing in November last year, BlockFi had cited its loans to FTX's sister firm Alameda as one of the reasons for the crisis it was facing. On Tuesday, the company said that it would officially begin enacting the actions detailed in its bankruptcy plan, like recovering assets it believes are owed to it by FTX, Three Arrows Capital and others. Any attempts to recover assets from those companies, however, will likely be contentious as both are themselves waddling through their respective bankruptcy processes. Separately, FTX co-founder Sam Bankman-Fried is undergoing a trial for fraud. BlockFi said that withdrawals are currently available to nearly all of its Wallet customers. Those with BlockFi Interest Accounts and Retail Loans will be repaid over the coming months, but the amounts they receive could vary based on the outcome of the FTX bankruptcy, BlockFi said.

FTX Is Negotiating With Three Bidders to Restart Crypto Exchange

Submitted by jhartgen@abi.org on

FTX Trading Ltd. is considering proposals from three bidders to restart trading on what had been one of the world’s biggest crypto exchanges before the company sank into bankruptcy amid fraud allegations, Bloomberg News reported. The company will make a decision about how to proceed by mid-December, the company’s investment banker, Kevin M. Cofsky of Perella Weinberg Partners, said Tuesday during a court hearing in Wilmington, Delaware. FTX is negotiating details of potentially binding offers with investors, Cofsky said. Options include selling the entire exchange, including a valuable list of more than 9 million customers, or bringing in a partner to help restart the exchange, Cofsky told US Bankruptcy Judge John Dorsey. FTX is also mulling a reboot of the trading platform on its own, he said. “We are engaging with multiple parties every day,” Cofsky said, without disclosing the names of the bidders. Since filing for bankruptcy last year, FTX has been trying to raise money to repay creditors. FTX’s administrators have so far recovered about $7 billion in assets, including $3.4 billion of crypto, according to court documents.

Bankrupt Cyxtera Looks to Sell Data Centers to Brookfield

Submitted by jhartgen@abi.org on

Bankrupt Cyxtera Technologies Inc. is in advanced talks to sell a large swath of its data centers to Brookfield Infrastructure Partners, Bloomberg News reported. As part of its chapter 11 filing, Cyxtera has been looking at two possible tracks, either recapitalizing itself, with lenders taking control of the firm, or selling itself. Cxytera’s and Brookfield Infrastructure Partners’s negotiations are continuing and could still fall apart. Brookfield Infrastructure Partners has been building its data center holdings, with recent acquisitions of European firm Data4 and Compass Datacenters LLC. It also owns Dawn Acquisitions LLC, which does business as Evoque Data Center Solutions. Digital Realty Trust Inc. has also shown interest in some of Cxytera’s assets, Bloomberg previously reported. Prior to its June bankruptcy, Cyxtera had entered negotiations with lenders on how to tackle nearly $870 million of debt due next year. The company was formed in 2017 after CenturyLink’s data center and co-location business was combined with Medina Capital’s security and data analytics operations. In 2021, Cyxtera combined with a black-check firm in a deal valuing the combined company at about $3.4 billion on an enterprise basis.

Judge Won’t Let Alex Jones Use Bankruptcy to Avoid Sandy Hook Damages

Submitted by jhartgen@abi.org on

The judge in Alex Jones’s bankruptcy case ruled on Thursday that he will not be allowed to use his chapter 11 filing to evade paying more than $1 billion in verdicts to families of the Sandy Hook shooting, the New York Times reported. The ruling by Judge Christopher Lopez in a Houston bankruptcy court means that Mr. Jones, the Infowars conspiracy broadcaster, will likely be working the rest of his life to pay his debt to the families. Last year, they were awarded historic damages in defamation lawsuits against him. It also closes off the possibility that Mr. Jones could liquidate Infowars and force the families to accept whatever proceeds result, leaving him free to start a new business. Earlier this year, the families asked that Judge Lopez order Mr. Jones to pay them the full damage awards, with no possibility of a trial or a forced settlement over a lesser amount — in legal terms, to make Mr. Jones’s debts to the families “non-dischargeable” through bankruptcy.

Sam Bankman-Fried Sought 'Justifications' for Missing Funds, Lawyer Testifies

Submitted by jhartgen@abi.org on

Cryptocurrency exchange FTX's former top lawyer testified yesterday that its founder Sam Bankman-Fried asked him to come up with "legal justifications" for why it was missing $7 billion in customer funds four days before the company declared bankruptcy, Reuters reported. Can Sun, FTX's former general counsel, testified at Bankman-Fried's fraud trial that the company on Nov. 7, 2022, asked investment fund Apollo for emergency capital to cover a wave of customer withdrawals. After Apollo requested FTX's financial statements, Sun testified, either Bankman-Fried or another executive sent him a spreadsheet indicating the cryptocurrency exchange was billions of dollars short of being able to satisfy customer withdrawals and that it also was owed billions of dollars by Bankman-Fried's crypto-focused hedge fund Alameda Research. "I was shocked," said Sun, who testified under a non-prosecution agreement in the third week of the trial in Manhattan federal court. Sun told jurors that after FTX shared the spreadsheet with Apollo, Bankman-Fried pulled him aside at the Bahamas luxury apartment complex where the 31-year-old former billionaire lived and told him Apollo had asked for a legal justification for the missing funds.

Boy Scouts' Bankruptcy Judge Approves Nearly $250 Million in Fees

Submitted by jhartgen@abi.org on

The Boy Scouts of America has received a U.S. bankruptcy judge's approval to pay about $245 million in fees to lawyers and financial advisers who crafted the youth organization's $2.46 billion settlement of sex abuse claims, Reuters reported. U.S. Bankruptcy Judge Laurie Selber Silverstein in Wilmington, Del., late on Tuesday mostly approved final fee applications from more than two dozen law firms and advisers who worked on the bankruptcy case. The overall bankruptcy fees could end up closer to $275 million, based on outstanding requests for payment from other groups that participated in the bankruptcy. Judge Silverstein had decried the "staggering" legal fees racked up in the case in 2021, when the number crossed the $100 million threshold. White & Case, which served as lead counsel during the Boy Scouts' bankruptcy, received the highest fee award, at $71 million. Pachulski Stang Ziehl & Jones, which represented the official committee of abuse claimants, received $37.8 million, and Alvarez & Marsal, the Boy Scouts' financial adviser, received $19 million.

Gemini, DCG Sued by NY for Defrauding Customers of $1.1 Billion

Submitted by jhartgen@abi.org on

Gemini Trust Co. and Barry Silbert’s Digital Currency Group were sued by New York’s top law-enforcement officer for allegedly defrauding customers of $1.1 billion, escalating legal woes for two companies hit hard by last year’s plunge in cryptocurrency markets, Bloomberg News reported. The lawsuit filed today by New York Attorney General Letitia James accuses Gemini, which operated a crypto exchange, and DCG’s Genesis Global Capital unit of failing to disclose to investors the risks of a crypto-lending program they started in 2021. The venture’s assets collapsed last year amid several high-flying bankruptcies, including Sam Bankman-Fried’s FTX. Gemini, founded by Tyler Winklevoss and Cameron Winklevoss, lied to customers about how risky loans were in its venture with Genesis and failed to disclose that at one point, almost 60% of its third-party loans were to Bankman-Fried’s crypto trading firm Alameda Research, the state claims. Genesis and DCG were accused in the suit of trying to conceal spiraling losses. The claims by New York come after the US Securities and Exchange Commission in January sued Genesis and Gemini over their failed crypto-lender venture, known as Gemini Earn. And Genesis, which filed for bankruptcy, has sued its parent DCG seeking to recover about $620 million in outstanding loans. Gemini has also sued DCG as well as Silbert, seeking to recover “damages and losses” from alleged “fraud and deception.”

Dabur India's Units Face Lawsuits in U.S., Canada Alleging Products Caused Cancer

Submitted by jhartgen@abi.org on

Dabur India said on Wednesday its subsidiaries were among companies sued in the U.S. and Canada by customers alleging that the use of hair relaxer products had caused ovarian cancer, uterine cancer and other health issues, Reuters reported. "Currently, the cases are in the pleadings and early discovery phases of litigation," it said in an exchange filing, adding the allegations are based on "unsubstantiated and incomplete" study. The consumer goods firm said that about 5,400 cases against several companies including its subsidiaries, Namaste Laboratories, Dermoviva Skin Essentials and Dabur International, have been consolidated as a multi-district litigation before a U.S. District Court in Illinois. The units have denied liability and have retained counsel to defend them, the company said. Dabur India, which sells Vatika Shampoo and Honitus cough syrup brands, said it could not determine the financial implication due to settlement or verdict outcome at this stage but expected the defense costs to breach the materiality threshold in the near future.

Article Tags

J&J Weighs Third Bankruptcy Try to Settle Baby Powder Suits

Submitted by jhartgen@abi.org on

Johnson & Johnson is weighing a third attempt to use bankruptcy for an $8.9 billion settlement of tens of thousands of lawsuits that allege tainted talc in the company’s baby powder caused cancer, the health care giant told investors yesterday, Bloomberg News reported. Erik Haas, J&J’s lawyer in charge of litigation, said during the company’s earnings call Tuesday that the world’s largest maker of health-care products is working with law firms representing “the vast majority” of talc victims to settle all current and future cases that could potentially cost J&J billions of dollars in damages if they go to jury trials. “We’re pursuing a consensual resolution of the talc claims through another bankruptcy,” Haas said during the earnings call. He added that J&J also will continue to “vigorously defend itself” in talc cases that come to trial while it explores the bankruptcy option once again. Courts have twice rejected J&J’s attempts to use the bankruptcy courts to force a talc settlement by setting up a trust to pay victims. Many J&J claimants have vocally opposed relying on a trust. In July, a judge in New Jersey rejected J&J’s second bankruptcy attempt, in which the company sought to resolve at least 40,000 suits for about $8.9 billion. The judge said J&J didn’t meet the test for financial distress imposed by a federal appeals court. The company has vowed to appeal that ruling to the Supreme Court.

Sam Bankman-Fried's Lawyer Says FTX Investments Were Not 'Reckless'

Submitted by jhartgen@abi.org on

FTX founder Sam Bankman-Fried's lawyer on Tuesday said the now-bankrupt cryptocurrency exchange's investments were not "reckless and frivolous," pushing back against testimony by former executive Nishad Singh portraying its spending on marketing and celebrity endorsements as excessive, Reuters reported. Singh, FTX's former engineering chief, testified for a second straight day at Bankman-Fried's fraud trial in Manhattan federal court. Under cross-examination, Singh told the jury that he thought FTX would be able to stay in business upon learning in September 2022 of a $13 billion shortfall in customer funds, potentially bolstering Bankman-Fried's argument that he believed the exchange's troubles were manageable. FTX declared bankruptcy on Nov. 11, 2022. Singh testified on Monday that the company's venture investments and $1.1 billion in planned marketing deals, including naming rights to the arena where the NBA's Miami Heat play and featuring NFL quarterback Tom Brady in commercials, "reeked of excess and flashiness." Defense lawyer Mark Cohen on Tuesday asked Singh, one of three former members of Bankman-Fried's inner circle who have pleaded guilty to fraud and agreed to cooperate with prosecutors, whether promoting FTX's brand could be useful. "I understood it had business benefits and costs," Singh said in testimony that defense lawyers could use to argue that Bankman-Fried was making what he believed to be good-faith business decisions in shelling out funds for marketing and investments even if others disagreed.