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Failed crypto lender BlockFi Inc. won bankruptcy court approval on its plan for shutting down its business, a milestone that could result in customers getting back a portion of what they’re owed by the end of the year, Bloomberg News reported. Bankruptcy Judge Michael Kaplan said during a hearing yesterday that he would approve BlockFi’s liquidation plan which was supported by a committee representing customer interests and creditors that voted to support it. Some BlockFi creditors are slated to receive partial repayment in Bitcoin or Ethereum, according to court documents. BlockFi unsecured creditors could get between roughly 35% to 63% of what they’re owed, according to an August court filing. The amount creditors ultimately receive hinges on whether BlockFi succeeds in litigation against FTX and other bankrupt crypto firms. BlockFi has said the outcome of its disputes with Sam Bankman-Fried’s platform and failed crypto hedge fund Three Arrows Capital could swing creditor recoveries by $1 billion. The liquidation plan was approved after BlockFi settled a dispute with the creditors committee over potential legal claims against the company’s senior management. BlockFi largely blamed its failure on FTX, which melted down last year amid allegations of fraud, while the committee alleged management ignored red flags before lending to Bankman-Fried’s platform.

In U.S. prosecutors' telling, Sam Bankman-Fried embezzled money from depositors in his FTX cryptocurrency exchange ever since he launched it in 2019, and the resulting shortfall led directly to its collapse as crypto prices swooned last year, Reuters reported. But in his own version and in explanations put forth by his lawyers, Bankman-Fried thought FTX, like a bank, could make investments with customers' money as long as they were able to withdraw it — and he did not know that actions taken by his closest colleagues had jeopardized the availability of funds. Over the course of six weeks starting on Oct. 3, a federal jury in Manhattan is due to weigh these dueling narratives during Bankman-Fried's criminal trial on fraud charges, before determining whether the 31-year-old former billionaire is guilty on seven counts of fraud and conspiracy. Bankman-Fried, who quit his job as a quantitative trader at Wall Street firm Jane Street to found crypto hedge fund Alameda Research in 2017, has pleaded not guilty.

FTX Chief Executive and Restructuring Officer John J. Ray, whose team is overseeing a mammoth asset recovery task after the crypto exchange’s collapse, is accelerating efforts to recoup billion of dollars just weeks before FTX founder Sam Bankman-Fried heads to trial for what has been called one of the biggest financial frauds in American history, Bloomberg News reported. The week started off in bankruptcy court, where FTX sued Bankman-Fried’s parents on Monday to “recover millions of dollars in fraudulently transferred and misappropriated funds.” The lawsuit claims that Allan Joseph Bankman and Barbara Fried exploited their access and influence within FTX to “enrich themselves, directly and indirectly, by millions of dollars,” at the expense of the debtors and creditors. On Thursday, FTX Trading Ltd. sued four former employees of Salameda Ltd., a Hong Kong-incorporated affiliate of FTX, to recoup $153 million of transfers that they received just before the crypto trading platform collapsed. The former employees used their personal connections to prioritize withdrawals of their funds and digital assets from FTX once it became clear last November that the company was in trouble, according to a complaint filed in the U.S. Bankruptcy Court for the District of Delaware.

A legal tactic called the Texas Two-Step for businesses to manage mass lawsuits continues to work its way through the courts despite some recent setbacks and criticism from lawmakers, WSJ Pro Bankruptcy reported. Texas law lets a company divide itself in two, loading one business entity with its assets and another with its legal or financial liabilities. Several companies facing massive numbers of lawsuits in recent years have placed their liability-laden affiliates in bankruptcy, giving the Texas Two-Step its name. Texas has allowed for such divisional mergers for nearly two decades, but its novel use in bankruptcy began in 2017 when paper products maker Georgia-Pacific placed its Bestwall unit along with asbestos-related liabilities under chapter 11. Since then, healthcare giant Johnson & Johnson and a handful of other companies have used divisional mergers and bankruptcy filings to try to settle mass lawsuits they face using the chapter 11 tactic. The Texas Two-Step allows businesses to move litigation to bankruptcy court without the loss of equity value that would come from filing for chapter 11 themselves. In bankruptcy, corporate defendants are generally shielded from jury trials so they can drive a final resolution of their legal liabilities in a single forum. Proponents of the Texas Two-Step have said it can resolve mass lawsuits more fairly and efficiently in bankruptcy compared with fighting or settling claims one by one. The corporate unit that files for bankruptcy in a Two-Step typically carries a funding commitment from its affiliates to pay creditors through the bankruptcy process. Plaintiffs’ lawyers and other critics have argued the tactic amounts to an abuse of chapter 11 by wealthy corporate defendants, meant to pressure injury victims and other claimants into accepting settlement offers. Members of the U.S. Senate Judiciary Committee held a hearing earlier this week on the legal strategy to deliberate whether companies are misusing the bankruptcy system.

Following a lawsuit against FTX Trading founder Sam Bankman-Fried's parents alleging that Stanford University received millions of dollars in donations from the now-collapsed cryptocurrency exchange, the school says it will return the funds of all gifts collected from FTX and related companies, the Associated Press reported. Lawyers for FTX on Monday accused Allan Joseph Bankman and Barbara Fried of exploiting their influence over their son to siphon millions from the company, while spending lavishly on a luxury home as well as funneling contributions to “pet causes” — and Stanford University. The suit claims that Bankman, who is a Stanford law professor and expert in tax law, directed more than $5.5 million in charitable contributions from FTX to the university — in what the complaint describes as “naked self-dealing” in an attempt to “curry favor with and enrich his employer at the FTX Group’s expense.” In a statement sent to The Associated Press on Wednesday, a university spokesperson said that Stanford “received gifts from the FTX Foundation and FTX-related companies largely for pandemic-related prevention and research.” Stanford is in discussions with attorneys for FTX debtors to recover the gifts, the spokesperson added, and "will be returning the funds in their entirety.” The university did not specify the monetary value of the gifts it received.

The Senate Judiciary Committee held a hearing yesterday titled "Evading Accountability: Corporate Manipulation of Chapter 11 Bankruptcy." Witnesses included Prof. Melissa B. Jacoby of UNC School of Law (Chapel Hill, N.C.), Lori Knapp (Greeneville, Tenn.), Prof. Samir D. Parikh of Lewis & Clark Law School (Portland, Ore.), Stephen Hessler of Sidley Austin LLP (New York) and Erik Haas of Johnson & Johnson (Armonk, N.Y.). Numerous members of the committee pressed Haas on J&J's use of the "Texas Two-Step" strategy when it funneled approximately 40,000 lawsuits into its newly created subsidiary, LTL Management LLC, and filed for bankruptcy. To view a replay of the hearing and to read prepared witness statements, please click here.

The Boy Scouts of America’s $2.46 billion settlement trust has begun sending payments to men who were abused as children by troop leaders, under a bankruptcy settlement still facing appeals from a minority group of abuse survivors, Reuters reported. The initial payments are being sent to 7,000 claimants who chose a "quick pay" option under the Boy Scouts of America's bankruptcy plan, with the first 70 claimants paid on Tuesday. Those claimants will receive $3,500 without going through the lengthier evaluation process that awaits 75,000 others who filed claims. The settlement, approved in U.S. bankruptcy court one year ago, was supported by 86% of the 82,000 men who filed abuse claims in the youth organization's bankruptcy. Retired bankruptcy judge Barbara Houser was placed in charge of managing the settlement payments when the Boy Scouts of America emerged from bankruptcy in April, and she said that her team is working to get payments out the door quickly. "We know that this day has been a long time coming for these survivors," Judge Houser said yesterday. The settlement process will take years, as Judge Houser and her team evaluate and pay claims based on factors like the severity of the alleged abuse and when and where it occurred. Individual abuse survivors are expected to receive between $3,500 to $2.7 million, depending on how their claims are assessed, according to the Boy Scouts' bankruptcy plan.

The Roman Catholic Diocese of Rochester, N.Y., last week filed an amended reorganization plan in its chapter 11 bankruptcy, which is inching toward a final settlement with hundreds of survivors of decades-old sexual abuse by priests and other church officials, the Rochester Beacon reported. The amended plan adds $51.75 million to the $75.6 million trust amount stated in the plan the diocese filed in March. The added amount reflects sums two insurers agreed to contribute months after the first plan was drafted. It also makes technical changes intended to head off insurance-company objections in how payments to survivors would be made. There is a complication, however. The diocese plan will face off against a rival plan filed by the Continental Insurance Co. Continental, known as CNA, is one of several liability carriers that the diocese has long made clear it expects to pay for much of any settlement that might be worked out. Whether CNA has standing to file its own plan is a question still to be decided by court. At stake is how much and how soon compensation will be doled out to some 485 sexual abuse survivors who have so far waited four years to see the case resolved. The diocese asked for court protection in September 2019, a month after the New York Child Victims Act took effect. The CVA opened a temporary window for victims of childhood sexual abuse to go after abusers, temporarily nullifying a statute of limitations that had protected abusers. With the CVA in place, thousands of men and women across New York filed state court actions accusing Catholic dioceses around the state of allowing priests and other church officials to sexually abuse them as children. The Rochester diocese was first in the state to seek court protection. Several other dioceses have since followed. None have yet been resolved. CNA is the only one of several insurers involved in the Rochester diocese bankruptcy that has refused to sign on to a settlement painfully worked out after years of court-ordered negotiations among the diocese, other insurers and a committee representing the interests of abuse survivors with claims in the bankruptcy.

The Senate Judiciary Committee will be holding a hearing today at 10 a.m. EDT titled "Evading Accountability: Corporate Manipulation of Chapter 11 Bankruptcy." Witnesses include Prof. Melissa B. Jacoby of UNC School of Law (Chapel Hill, N.C.), Lori Knapp (Greeneville, Tenn.), Prof. Samir D. Parikh of Lewis & Clark Law School (Portland, Ore.), Stephen Hessler of Sidley Austin LLP (New York) and Erik Haas of Johnson & Johnson (Armonk, N.Y.). To view a live webcast of the hearing and to view prepared witness statements, please click here.