FTX creditors seek priority payout for $1.6B locked in custody wallets

1 year ago

A radical of FTX customers seeking precedence repayment of astir $1.6 cardinal locked successful their custody wallet connected the bankrupt FTX exchange, the Financial Times reported.

Eversheds Sutherland — a instrumentality steadfast representing the affected FTX clients — volition petition the Delaware bankruptcy tribunal to o.k. faster repayment for its clients connected the ground that the customers’ funds are custody assets, which are not a portion of FTX’s bankruptcy estate.

As per bankruptcy laws, assets held for interest-bearing reasons are portion of the company’s property, portion assets that gain nary returns stay the spot of the customer.

There is precedent for specified a petition and the tribunal volition apt o.k. it. In a akin bankruptcy lawsuit involving Celsius Network, the courts approved repayment for custody clients, portion earn-account holders person to hold until the extremity of the bankruptcy process to person their funds.

Eversheds Sutherland said its clients held astir $1.6 cardinal arsenic custody assets connected FTX which should beryllium prioritized successful the repayment process.

Counsel to Eversheds Sutherland Erin Broderick said:

“If the assets beryllium to the customer, determination is nary line. It’s conscionable their assets.”

Broderick added that FTX’s presumption of work enactment custody clients to summation entree to their trapped funds.

Evershed Sutherland said it volition proceed with the ineligible process from January 2023 and expects it to spell smoothly.

The station FTX creditors question precedence payout for $1.6B locked successful custody wallets appeared archetypal connected CryptoSlate.

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