Skip to main content

%1

Celsius Customers Question Interim CEO on Bankruptcy Repayment Plan

Submitted by jhartgen@abi.org on

Celsius Network LLC customers whose assets have been trapped on the failed crypto lender’s platform questioned the firm’s acting chief executive officer about fluctuations in the company’s native token and its plans to partially repay creditors with stock in a new Bitcoin mining business, Bloomberg News reported. Nearly a dozen customers cross-examined Celsius Interim CEO Chris Ferraro, who testified Tuesday in New York bankruptcy court in support of the company’s plan to partially repay creditors and resolve its chapter 11 case. The hearing gave customers a chance to probe Ferraro, who has guided Celsius through bankruptcy, while their assets remain in limbo. Ferraro, who took over as Celsius’ acting CEO following the resignation of Alex Mashinsky, said his primary goal is to distribute roughly $2 billion in Bitcoin and Ethereum to creditors and transfer the reformulated business to a new management team led by Arrington Capital. Customers on Tuesday also questioned Steven Kokinos, who is expected to become the new company’s CEO. The new creditor-owned firm slated to emerge from Celsius’ bankruptcy has a strong chance at succeeding because it will be staked with $450 million in crypto, carry no debt and run a robust Bitcoin mining operation, Ferraro said.

Bankrupt Celsius Says Restart Is Crypto Customers’ Best Option

Submitted by jhartgen@abi.org on

Failed crypto lender Celsius Network kicked-off a bankruptcy trial over its plan to restart as a user-owned Bitcoin miner, telling a judge it wants to repay customers whose funds have been frozen on the platform since June 2022 a portion of what they’re owed by year’s end, Bloomberg News reported. Celsius lawyer Christopher S. Koenig said yesterday during a New York bankruptcy hearing that the new company slated to emerge from chapter 11 will be seeded with $450 million in capital and financial backing from a group of companies picked to manage the mining business, a consortium named Fahrenheit LLC that’s led by investment firm Arrington Capital. “Fahrenheit believes in the business,” Koenig said. “They are putting their money where their mouth is.” Judge Martin Glenn is considering whether to approve Celsius’s plan, which is being challenged by some customers whose funds have been locked on the platform. An affiliate of Lantern Ventures that says its owed about $82 million also opposes the plan, arguing Celsius’s advisers have overvalued the new business. The new venture must also be cleared by securities regulators. But if Celsius’s plan is approved, it would mark the first time a failed crypto platform would be reborn in chapter 11 after a string of insolvencies rocked the industry last year. The business could liquidate if the new company fails, an outcome that likely would result in Celsius customers getting repaid less, according to court documents.

Crypto Could Be a Mystery to Jurors in Bankman-Fried Case

Submitted by jhartgen@abi.org on

When jurors size up FTX founder Sam Bankman-Fried for the first time, they might not know much about the world of cryptocurrencies. The prosecution and defense each could try to use that to their advantage, the Wall Street Journal reported. Jury selection gets under way today in the criminal case against Bankman-Fried, who is on trial for a series of actions that allegedly led to the abrupt meltdown of the FTX crypto exchange last year. Bankman-Fried is charged with stealing billions of dollars from customers of the FTX crypto exchange and using the money in large part to cover risky bets by its sister hedge fund, Alameda Research. The case involves some complex financial transactions, including allegations that Bankman-Fried instructed a deputy to take a big position in a digital token to manipulate its market price.

Talc Supplier Once Owned by Pfizer Files for Bankruptcy

Submitted by jhartgen@abi.org on

A former Pfizer minerals business that supplied talc for cosmetic products has filed for bankruptcy to deal with hundreds of personal injury lawsuits, saying that the drug giant is increasingly unwilling to cover those claims, WSJ Pro Bankruptcy reported. Barretts Minerals becomes the latest business to file for chapter 11 with a goal of resolving talc liabilities, a group that has also included Johnson & Johnson’s LTL Management, Imerys Talc America, Cyprus Mines and Whittaker Clark & Daniels. As awareness of talc litigation grows, the number of personal injury lawsuits that Barretts faces has grown to roughly 550, from 14 before 2018, David Gordon, chief restructuring officer of Barretts, said in a sworn declaration filed yesterday in the U.S. Bankruptcy Court in Houston. Although Barretts no longer sells talc intended for use in cosmetic products, the alleged injuries are primarily due to exposure to asbestos supposedly contained in cosmetic products that used the company’s talc, Gordon said. Barretts, which is headquartered in Dillon, Mont., and has two mines there, was spun off by Pfizer in 1992, when the healthcare business wanted to divest its minerals businesses. Minerals Technologies became an independent company that included Barretts, taking over the specialty minerals businesses.

Catholic Archdiocese of Baltimore, Facing Possible Slew of Abuse Lawsuits, Files for Bankruptcy

Submitted by jhartgen@abi.org on

The Catholic Archdiocese of Baltimore filed for bankruptcy protection Friday, less than two days before a new state law takes effect allowing victims of child sexual abuse to sue institutions, no matter how long ago the abuse took place, the Washington Post reported. The legal action will shift to a bankruptcy court, where the process — if successful — will set a permanent end-date when alleged victims of abuse related to the church can file claims, rather than opening a permanent window as the law intended. Each diocesan bankruptcy is unique, experts say, and outcomes depend on the court, insurance arrangements and the legal setup of the diocese. Some legal analysts said the move by the country’s oldest Catholic diocese could limit damages for some survivors, while other experts say it could more equitably distribute Baltimore’s assets and offer anonymity and streamlined financial awards, which some accusers may value. It wasn’t immediately clear Friday what impact filing under chapter 11 of the bankruptcy code will mean for the archdiocese’s 153 parishes and dozens of ministries, including within the city of Baltimore. Baltimore is the 36th U.S. Catholic diocese or religious order to file for such protection since the Catholic clergy sex abuse crisis exploded into public view in the early 2000s. Baltimore will be the sixth diocese to file in 2023.

Bank that Handles Infowars Money Appears to Be Cutting Ties with Alex Jones’ Company, Lawyer Says

Submitted by jhartgen@abi.org on

A bank recently shut down the accounts of conspiracy theorist Alex Jones’ media company, citing unauthorized transactions — a move that caused panic at the business when its balances suddenly dropped from more than $2 million to zero, according to a lawyer for the company, the Associated Press reported. The action last week by Axos Bank also exposed worry and doubt at the company, Free Speech Systems, about being able to find another bank to handle its money. Jones, a conservative provocateur whose Infowars program promotes fake theories about global conspiracies, UFOs and mind control, is seeking bankruptcy protection as he and his company owe $1.5 billion to relatives of victims of the 2012 Sandy Hook Elementary School shooting in Connecticut. The debt is the result of the families winning lawsuits against Jones for his calling the massacre that killed 26 people a hoax and his supporters threatening and harassing the victims’ families.

Crypto Goes on Trial, as Sam Bankman-Fried Faces His Reckoning

Submitted by jhartgen@abi.org on

A year ago, Sam Bankman-Fried was a fixture on magazine covers and in the halls of Congress, a tousle-haired crypto billionaire who hobnobbed with movie stars and bankrolled political campaigns. On Tuesday, the founder of the failed FTX digital currency exchange is set to leave the jail where he has been confined for more than seven weeks and stand trial in a Manhattan courtroom on federal charges of fraud and money laundering, capping one of the largest and swiftest corporate collapses in decades, the New York Times reported. The charges against Bankman-Fried have put the rest of the crypto industry on trial with him. He has emerged as a symbol of the unrestrained hubris and shady deal-making that turned cryptocurrencies into a multitrillion-dollar industry during the pandemic. The demise of FTX in November helped burst that bubble, sending other high-profile companies into bankruptcy and provoking a government crackdown. The trial will offer a window into the Wild West-style financial engineering that fueled crypto’s growth and lured millions of inexperienced investors, many of whom lost their savings when the market crashed. Lawyers on both sides of the case are expected to lay bare the culture of scams and risk-taking that surrounded FTX and to dissect the often-misleading publicity campaigns that helped drive years of crypto hype. “It’s a fraud that was enabled and supercharged by crypto, and by crypto’s unique aspects,” said Lee Reiners, a crypto expert who teaches at Duke Law School. “It wouldn’t have been possible in any other context.” Jury selection begins on Tuesday in U.S. District Court, with the trial expected to last six weeks. Camera crews and reporters are expected to swarm the courthouse, and the author Michael Lewis has a widely anticipated book about the case coming out that same day, featuring behind-the-scenes details of Bankman-Fried’s rise and fall.

Crypto Exchange Gemini Pulled Funds from Crypto Lender Genesis Months Before Bankruptcy Filing

Submitted by jhartgen@abi.org on

Crypto exchange Gemini Trust Co. withdrew hundreds of millions of dollars from Genesis Global Holdco LLC several months before the lender froze deposits and ultimately filed for bankruptcy, Bloomberg News reported. Genesis and Gemini offered customers in the so-called Earn program the opportunity to generate yields on their crypto tokens. The service let customers of the Tyler and Cameron Winklevoss-owned exchange lend their tokens through Genesis. In August 2022, Gemini took out about $282 million in cryptocurrency from Genesis. The funds withdrawn from Genesis were used to build out a reserve intended to ensure Gemini Earn customers could make immediate redemptions. None of the money went directly to Gemini’s billionaire founders, the Winklevoss twins. Days after the collapse of FTX sent the already beleaguered crypto market into a spiral, Genesis froze customer withdrawals. In January, it filed for chapter 11 protection in New York. Gemini has since filed a claim in the bankruptcy court seeking $1.1 billion on behalf of Earn users. In the months since the initial withdrawal freeze, Gemini, Genesis and its parent company Digital Currency Group have been locked in settlement negotiations that have included public sparring between DCG’s founder Barry Silbert and the Winklevoss twins.

Ohio Senate Passes Bill that Would Help Boy Scouts Abuse Victims Get More Settlement Money

Submitted by jhartgen@abi.org on

Ohio victims of child sexual abuse while in the Boy Scouts of America could see more compensation for the crimes committed against them under legislation passed by the state Senate yesterday in a unanimous vote, and expected to be approved in the House, the Associated Press reported. The bill’s passage comes amid the organization’s bankruptcy settlement, first filed in 2020 after tens of thousands of men nationwide brought forth claims they had been sexually abused by their Scout leaders. The organization filed bankruptcy in an attempt to continue operating while still partially compensating victims after an onslaught of lawsuits against them. Nearly 2,000 abuse claims have been filed in Ohio. Currently, the amount victims receive from the organization’s settlement depends on the length of the statute of limitations for civil claims in the state that they live in, as well as the length and severity of their abuse. The legislation voids the state’s current civil statute of limitations in bankruptcy cases, in an effort to ensure Ohio victims of Boy Scouts abuse get more compensation. By voiding Ohio’s existing cutoff of 12 years, the bill would ensure that any victim filing a claim receives all of the money they’re owed through the settlement, rather than a fraction of it.