#CelsiusBankruptcy
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Hallelujah. The UCC just filed a motion to file a class proof of claim asserting non contract claims on behalf of customers.
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— breaking news — 45 page written decision just issued by Judge Glenn on EARN ownership. Conclusion is that the earn crypto is property of the estate.
#FTX
#CelsiusNetwork
I really want to bring the fraudulent conveyance clawback claims against the politicians who received massive donations from FTX/SBF.
“Don’t listen to the FUD […] Find me ONE real person who had ANY withdrawal problem.” - Alex
@Mashinsky
on June 10, 2022, two days prior to halting withdrawals 🤡
I don’t usually deviate from the crypto/bankruptcy script but tonight I wanted to note that I am incredibly proud of my son and his team for winning the 7th Grade Westfield Recreational Basketball Championship earlier today. It was a great team, great coaches and a great
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I think the biggest concern expressed in customer correspondence is with existing management and the need for their immediate removal. That complaint did not make it onto the list.
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Judge Glenn to Galaxy’s counsel “you are not going to cram down your deadlines with me”. “Go back to your client and tell them what I need — your client can agree to provide the info or blow up the deal. “You cannot force me to approve this deal”
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Her crisis manager probably should have told her this was not a good look. These tickets are a few thousand a piece.
@AaronDBennett
@CelsiusNetwork
Not going to happen. Celsius’ customer base needs to be acquired by a 3d party which has the ability to legally conduct the business (ie required licenses by the regulators). We should not even respond to any tweet that suggests otherwise — nonstarter.
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Mashinsky now has to acknowledge whether his statements are true or not. “Thumbs up”. Mashinsky admits making the statement. Fighting over it. Judge tells AM to answer the questions.
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I’ve been silent for a long time due to the NDA restrictions on the auction. Now that the auction has concluded (and the transcript has been filed), I will note simply that because no final resolution was reached with the estate fiduciaries on
Respectfully disagree. The current crisis is not caused by risk like in 2008. There are no subprime mortgages here. The crisis is caused by a mismatch of assets and liabilities. Banks loaded up on govt securities when interest rates were near zero. Now those securities
5 years ago today, Congress rolled back critical bank reforms. I warned that big banks would load up on risk and threaten our economy — and that's exactly what happened.
I have a bill to repeal that Trump bank law.
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Breaking News — Celsius Disclosure Statement deadline extended to April 28th because of ongoing discussions with other bidders.
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T -10. I’ll try to tweet the highlights during the hearing. I have a feeling that the judge is going to tell the Debtors that the cash spend has to decrease immediately.
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pleading filed by the Debtors on the claim reconciliation process. Unacceptable for many different reasons. Let’s just sweep all the claims/consumer fraud claims under the rug for now. Ad Hoc Borrowers will oppose this.
I wonder if there are any customers out there who had their crypto at Voyager, then moved it to Celsius, then moved to FTX and is now moving to another platform. Preference trifecta!!!
Looks like CZ is slowly dumping $500M worth of FTT on the market, if he continues many of Alameda's FTT backed loans will be liquidated causing a death spiral.
Let the party begin!
@SimonDixonTwitt
@CelsiusNetwork
This budget is insane. The operational costs are completely out of whack with what should be expected with a business that is shut down and just servicing its remaining assets.
This is beyond outrageous. I would be very interested to hear in more detail what state/federal taxes were due. Were those taxes due because of profit of Celsius or because of Mashinskys’ other investments and he just took the funds out of Celsius?
I’d like to know more details about these net transfers to FTX because if these transfers were made to top off an existing loan, it looks like there could be a very large preference claim.
~$700- $750 million in net transfers to FTX over Freeze period. FTX was already holding $403 million in collateral = $1.1 billion.
Celsius got back just over $1 billion USDC. And a $108 million loan from FTX got paid back during this period, per Mashinsky declaration. (9/)
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judge said he has never seen a sealing motion on a motion to approve a key retention employee program. Judge says it is unacceptable. That this info would be sealed. Not a good start to the hearing.
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Order approving Class Claim filing by UCC just entered. Note that paragraph 11 of the order tolls the bar date pending the ruling on the class certification motion.
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Here is the Committee statement concerning Mashinsky’s resignation. Hopefully, given his resignation, progress toward restoring liquidity to customers can be the
#1
priority.
Under the Plan, the Debtors have elected to treat the Retail Borrow Claims through the Set Off Treatment. See pics below. Although the Debtors are demanding repayment of the loans (ie demanding performance by the Borrowers), the Debtors have no intention whatsoever of
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On the POC form, creditors should remember that their claim against Celsius is not just for their crypto. There are other claims that should be asserted-e.g. fraud/consumer fraud/breach of fiduciary duty-among others. See POC question 8 below.
Drumroll …Here is the motion to extend exclusivity just filed in Celsius. According to the Debtors, there has been tremendous progress during the past 4 months which demonstrate “cause” to extend exclusivity.
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High level recap —Mashinsky only answered questions about signing the petition. Every other question was answered by Ferraro. I think we learned more about the bit mining operation. Ferraro was careful not to answer questions about custody and loans.
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The auction for Celsius will begin at 2 pm. 134 people on the zoom line already. Remember that we all signed an exceptionally broad confidentiality agreement so you should not be tweeting out bids or any other information that takes places
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if I heard correctly Chris Ferraro and Alex Mashinsky will be the representatives placed under oath. I can’t believe what I heard. Mashinsky under oath??
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. Breaking News …. Debtors’ motion to set bid procedures in connection with the sale of substantially all of its assets. Looks like there will not be a Celsius 2.0. Acceptance.
#BTC
I think it is very reinforcing that in the wake of the Genesis filing, both BTC/ETH are up this morning. Crypto itself is here to stay …The exchanges/the lenders etc. are the problem and legislation needs to be passed to regulate these entities and restore confidence.
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Here we go again …. Celsius is amending it’s schedules, consistent with the Customer Contract Decision. That opens the window and allows creditors to file a timely proof of claim in response. New Bar
It looks like this is over. $ftt
#ftx
For those who are stuck on the platform, prepare your arguments from the TOS that your crypto is not property of the estate.
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Breaking News —- Here is Celsius’ Second Motion to extend exclusivity. Celsius requests an extension to file a plan until March 31, 2023 and until June 30th to solicit votes.
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Another committee objection — this one to the sale of de minimis asset sales. Committee continues to hammer the Debtors on the total lack of transparency. Read paras 8-10.
@SBF_FTX
I think the Celsius community would really appreciate the opportunity to hear from you, especially if you are interested in putting a bid in for the Celsius platform.
#CelsiusNetwork
#Celsius
the committee has objected to the cash management motion of the debtor. Lack of transparency. The Committee raises very strong arguments about transfers between debtor and non debtors.
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in extending exclusivity, Judge Glenn provided some commentary on clawbacks. Judge Glenn noted the principle of equality of distribution under the Bankruptcy Code and that he is committed to resolving any clawback claims expeditiously and
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Debtors need to extend exclusivity so they filed the plan shortly after filing the motion. I don’t believe further extensions of exclusivity are warranted given that there has been NO communication from the Debtors to the Borrower Group in the
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Everyone should also read Footnote 1 of the decision “Not addressed in this Opinion are two arguments that could reduce or eliminate entirely any recovery for the Series B…. The Debtors and the Committee contend that CNL is obligated on an
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Joint Motion filed seeking approval of the settlement of the UCC class claim. Exhibit B (page 38) is the term sheet between the Ad Hoc Borrower Group, the Debtors, UCC and the Ad Hoc Earn Group that was signed at the conclusion of the mediation
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Important Notice for Celsius Borrowers. The Debtors filed this morning a notice concerning the Retail Advance Repayment Election. See below. A borrower will need to make the election through Stretto by January 17th at 11:59 pm (next
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Agenda for the 9/1 hearing will be the retention of the Debtors’ professionals (to which the UST has objected), a stay relief motion and the Debtors request for a final order to pay non-insider severance. I’ll post the agenda when it’s filed.
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PS “insider transactions” need to be disclosed on the Statement of Financial Affairs which is filed with the schedules. I wonder when those docs will be filed.
This is beyond outrageous. I would be very interested to hear in more detail what state/federal taxes were due. Were those taxes due because of profit of Celsius or because of Mashinskys’ other investments and he just took the funds out of Celsius?
Ps 👏👏👏to Dan Frishberg for having the courage and tenacity to enter into this fray. I could not even imagine undertaking this work as a freshman in College. Harvard/Yale/Columbia law schools all await your application for admission.
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Frishberg’s motions are denied but the Court notes that his concerns have “considerable merit”. The Court also states “this Court has yet to determine which assets are and are not property of the estate”.
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. Here’s another one — $3.119 mm divided by 2,876.6 hours comes out to an average of $1,084 per hour for K&E attorneys and paraprofessionals.
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My understanding is that the schedules and Statement of Financial Affairs (SOFA) will be filed very shortly. I’m very interested in reading Celsius’ responses to questions 3.c, 10.a and 23 of the SOFA (pics below).