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David Adler

@DavidJAdler1991

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253
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Bankruptcy Partner at McCarter & English, LLP —keen interest in crypto — tweets are my opinion and do not constitute legal, tax or financial advice

New Jersey, USA
Joined February 2017
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@DavidJAdler1991
David Adler
6 months
#dolphins — 2024 Pro Bowl Trio of Dolphins WRs
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@DavidJAdler1991
David Adler
2 years
#CelsiusBankruptcy #celsiusnetwork 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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@DavidJAdler1991
David Adler
2 years
#celsius Debtor says that they are committed to return crypto in kind.
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@DavidJAdler1991
David Adler
2 years
#celsiusnetwork #CelsiusBankruptcy — 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.
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@DavidJAdler1991
David Adler
2 years
#CelsiusNetwork Judge indicates that he feels a sense of urgency to get this case resolved quickly. Bidding procedures will likely be approved.
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@DavidJAdler1991
David Adler
2 years
#FTX #CelsiusNetwork I really want to bring the fraudulent conveyance clawback claims against the politicians who received massive donations from FTX/SBF.
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@DavidJAdler1991
David Adler
2 years
#CelsiusBankruptcy #celsius Mashinsky was just placed under oath. Wow.
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@DavidJAdler1991
David Adler
2 years
#CelsiusNetwork #CelsiusBankruptcy Breaking news …. interim report of examiner just released. Reviewing now.
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@DavidJAdler1991
David Adler
2 years
It really doesn’t get any worse than this.
@TiffanyFong_
Tiffany Fong
2 years
“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 🤡
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@DavidJAdler1991
David Adler
2 years
#CelsiusNetwork #CelsiusBankruptcy Another win for @DanielFCelsius . Some college kid beating the largest (?) law firm in the world. Truly a David and Goliath battle. Congrats Dan.
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@DavidJAdler1991
David Adler
2 years
#CelsiusBankruptcy #CelsiusNetwork Here is the 476 page Final Examiner’s Report with exhibits. Reviewing now.
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@DavidJAdler1991
David Adler
2 years
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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@DavidJAdler1991
David Adler
2 years
#CelsiusNetwork #CelsiusBankruptcy 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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@DavidJAdler1991
David Adler
2 years
@AaronDBennett
Aaron Bennett
2 years
Dear @CelsiusUcc - provide a video or clear instructions on EXACTLY how creditors should file their updated claims.
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@DavidJAdler1991
David Adler
2 years
#CelsiusBankruptcy 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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@DavidJAdler1991
David Adler
2 years
Honored and humbled to be representing the loan holders.
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@DavidJAdler1991
David Adler
10 months
#CelsiusNetworks #celsiusBankruptcy Her crisis manager probably should have told her this was not a good look. These tickets are a few thousand a piece.
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@DavidJAdler1991
David Adler
1 year
#CelsiusBankruptcy #CelsiusNetwork BREAKING NEWS — Celsius just filed their plan of reorganization incorporating the Fahrenheit deal.
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@DavidJAdler1991
David Adler
2 years
@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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@DavidJAdler1991
David Adler
2 years
#CelsiusBankruptcy #CelsiusNetwork Mashinsky declares his 167,400 shares as worthless. Nice tax loss.
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@DavidJAdler1991
David Adler
1 year
#celsiusbankruptcy #CelsiusNetwork #crypto breaking news — Confirmation Order in Celsius just entered.
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@DavidJAdler1991
David Adler
2 years
@CarolAn64246005 @crypto_guru245 @WhiteCase @SimonDixonTwitt @Shawn_OwenJ @otisa502 @cryptoyolo7 @Mashinsky Celsius is not coming out of bankruptcy. There will be a plan but celsius will not emerge as a restructured entity.
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@DavidJAdler1991
David Adler
2 years
#CelsiusBankruptcy #celsiusnetwork 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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@DavidJAdler1991
David Adler
1 year
#CelsiusNetwork #CelsiusBankruptcy 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
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@DavidJAdler1991
David Adler
2 years
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
@SenWarren
Elizabeth Warren
2 years
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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@DavidJAdler1991
David Adler
2 years
@CelsiansNetwork Who would oppose insider clawbacks??
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@DavidJAdler1991
David Adler
2 years
#CelsiusBankruptcy #CelsiusNetwork Breaking News — Celsius Disclosure Statement deadline extended to April 28th because of ongoing discussions with other bidders.
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@DavidJAdler1991
David Adler
2 years
#CelsiusNetwork #CelsiusBankruptcy Mashinsky is going on the witness stand right now in the Celsius v. Jason Stone matter.
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@DavidJAdler1991
David Adler
2 years
- #CelsiusNetwork #CelsiusBankruptcy Examiner Report is scheduled to be filed today.
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@DavidJAdler1991
David Adler
2 years
#celsius #celsiusbankruptcy 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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@DavidJAdler1991
David Adler
2 years
@cryptohunter0x @CelsiusUcc Preference Clawbacks against insiders go back 1 year.
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@DavidJAdler1991
David Adler
2 years
#CelsiusBankruptcy #CelsiusNetwork 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.
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@DavidJAdler1991
David Adler
2 years
#CelsiusBankruptcy #CelsiusNetwork I know a way that Fidelity Crypto could bring on hundreds of thousands of new retail customers for their platform.
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@DavidJAdler1991
David Adler
2 years
#CelsiusBankruptcy #CelsiusNetwork $6.5 million in legal fees for the month of November by Kirkland.
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@DavidJAdler1991
David Adler
2 years
#CelsiusBankruptcy #CelsiusNetwork #BreakingNews Debtors filed their plan presentation deck.
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@DavidJAdler1991
David Adler
2 years
#CelsiusNetwork #CelsiusBankruptcy Judge to Kirkland “you can’t simply blow off objections by pro se creditors because you don’t like them.”
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@DavidJAdler1991
David Adler
2 years
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!!!
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@DavidJAdler1991
David Adler
2 years
If this is true, @MikeBurgersburg should get a Pulitzer.
@VersusBtc
Bitcoin vs. Gold
2 years
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!
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@DavidJAdler1991
David Adler
2 years
#CelsiusNetwork #CelsiusBankruptcy Judge to committee “what’s the current status of your investigation into the Ponzi scheme?”
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@DavidJAdler1991
David Adler
2 years
#CelsiusBankruptcy #celsius The most basic information that is missing.
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@DavidJAdler1991
David Adler
2 years
@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.
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@DavidJAdler1991
David Adler
2 years
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?
@kadhim
kadhim (^ー^)ノ
2 years
Statement from Alex Mashinsky’s spokesperson
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@DavidJAdler1991
David Adler
2 years
#CelsiusNetwork #CelsiusBankruptcy Filing regarding “conversion rates” as of filing date.
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@DavidJAdler1991
David Adler
2 years
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@DavidJAdler1991
David Adler
2 years
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.
@MikeBurgersburg
DIRTY BUBBLE MEDIA: GOOD LUCK, GOOD BYE.
2 years
~$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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@DavidJAdler1991
David Adler
2 years
#CelsiusNetwork #CelsiusBankruptcy 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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@DavidJAdler1991
David Adler
2 years
#CelsiusNetwork individuals raising their personal issues. They are heartbreaking.
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@DavidJAdler1991
David Adler
2 years
#CelsiusBankruptcy #CelsiusNetwork 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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@DavidJAdler1991
David Adler
2 years
#CelsiusNetwork #CelsiusBankruptcy “I’d like to hear from the Debtors exactly what business is going on right now.”
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@DavidJAdler1991
David Adler
2 years
#celsiusnetwork #CelsiusBankruptcy Kirkland’s August monthly bill $5.6 million. Happy Thanksgiving!!!
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@DavidJAdler1991
David Adler
2 years
#CelsiusNetwork #celsiusbankruptcy Here is the Committee statement concerning Mashinsky’s resignation. Hopefully, given his resignation, progress toward restoring liquidity to customers can be the #1 priority.
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@DavidJAdler1991
David Adler
2 years
#CelsiusNetwork #celsius judge indicated that he had read the letters and will be making comments on some of those letters. Gulp …..
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@DavidJAdler1991
David Adler
1 year
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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@DavidJAdler1991
David Adler
2 years
#CelsiusNetwork #CelsiusBankruptcy 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.
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@DavidJAdler1991
David Adler
2 years
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. #CelsiusNetwork #CelsiusBankruptcy
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@DavidJAdler1991
David Adler
2 years
#CelsiusBankruptcy #celsius 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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@DavidJAdler1991
David Adler
1 year
#celsiusnetwork #CelsiusBankruptcy 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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@DavidJAdler1991
David Adler
2 years
#CelsiusBankruptcy 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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@DavidJAdler1991
David Adler
2 years
@TiffanyFong_ Tiffany, can you find out whether they have a vegan section only in the cafeteria?
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@DavidJAdler1991
David Adler
2 years
#CelsiusNetwork #CelsiusBankruptcy . 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.
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@DavidJAdler1991
David Adler
2 years
#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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@DavidJAdler1991
David Adler
2 years
#CelsiusNetwork #CelsiusBankruptcy “Ponzi scheme” being used constantly during this hearing
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@DavidJAdler1991
David Adler
2 years
#Cryptocurency here’s the buy signal we have been waiting for. BTC will be up 50% in a week.
@WatcherGuru
Watcher.Guru
2 years
JUST IN: Jim Cramer urges investors to sell their #Bitcoin
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@DavidJAdler1991
David Adler
1 year
#CelsiusNetwork #celsiusbankruptcy It’s official. Fifth Plan Supplement filed reflecting changes to board of newco.
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@DavidJAdler1991
David Adler
2 years
#CelsiusBankruptcy #CelsiusNetwork 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
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@DavidJAdler1991
David Adler
2 years
@GachaJayy @slane_mason @rich07840 @AaronDBennett @CelsiusLoans @elveton101 @SimonDixonTwitt @CelsiusUcc I have spoken with Simon and others with the thought we might do a spaces on filing a claim. Obviously there would be a lot of disclaimers — no legal, tax or financial advice etc.
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@DavidJAdler1991
David Adler
2 years
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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@DavidJAdler1991
David Adler
2 years
#CelsiusNetwork #CelsiusBankruptcy 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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@DavidJAdler1991
David Adler
1 year
#CelsiusNetwork #celsiusbankruptcy On the one year anniversary of the bankruptcy filing.
@zerohedge
zerohedge
1 year
*MASHINSKY CHARGED WITH FRAUD, SCHEME TO MANIPULATE CRYPTO
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@DavidJAdler1991
David Adler
2 years
#CelsiusBankruptcy #celsiusnetwork Breaking news …. As soon as I get the complaint, I will circulate.
@WatcherGuru
Watcher.Guru
2 years
JUST IN: 🇺🇸 New York Attorney General sues Celsius co-founder Alex Mashinsky for making false statements to investors.
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@DavidJAdler1991
David Adler
2 years
#Celsius #celsiusnetwork 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.
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@DavidJAdler1991
David Adler
2 years
#celsiusnetwork #CelsiusBankruptcy Has anyone assembled a summary/chronology of misrepresentations that were made in the weekly AMAs?
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@DavidJAdler1991
David Adler
2 years
@Zach_HODL_ON @CelsiusUcc @otisa502 @SimonDixonTwitt Hard to give this statement any credibility. Does this include CEL? Where did the extra 10% of coins come from? Surely not mining.
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@DavidJAdler1991
David Adler
2 years
@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.
. @SBF_FTX Would you be interested in coming into a Twitter Space to answer questions and provide a little back and forth?
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@DavidJAdler1991
David Adler
2 years
#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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@DavidJAdler1991
David Adler
2 years
Incredible. Congrats @TiffanyFong_
@SimonDixonTwitt
Simon Dixon
2 years
Shout out to @TiffanyFong_ who’s interview with @SBF_FTX was discussed in Congress 😂
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@DavidJAdler1991
David Adler
2 years
#CelsiusBankruptcy #celsius UST calling out the complete lack of disclosure on the First Equities loss of $439mm.
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@DavidJAdler1991
David Adler
2 years
#CelsiusNetwork #CelsiusBankruptcy Breaking News — Shoba Pillay from Jenner & Block has been appointed as the examiner.
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@DavidJAdler1991
David Adler
2 years
#celsius judge Glenn says “it looks to me like the Bitcoin mining business is unprofitable. I need to understand the economics better”.
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@DavidJAdler1991
David Adler
2 years
#CelsiusNetwork #CelsiusBankruptcy 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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@DavidJAdler1991
David Adler
2 years
#CelsiusNetwork #CelsiusBankruptcy we are asking for the appointment of a chapter 11 trustee rather than an examiner.
@DavidJAdler1991
David Adler
2 years
#CelsiusBankruptcy #CelsiusNetwork We filed this response to the examiner motion tonight.
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@DavidJAdler1991
David Adler
2 years
#celsiusnetwork #CelsiusBankruptcy Judge Glenn just issued a decision denying the motion to form an official equity committee.
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@DavidJAdler1991
David Adler
1 year
#CelsiusBankruptcy #celsiusnetwork 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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@DavidJAdler1991
David Adler
2 years
@SimonDixonTwitt @Syclops421 @justinn777 @JSLVENTURES @ThomasBraziel @jk_seriouslyjk @CelsiusUcc @petition @propelforward @abiworld @AdamLevitin @CelsiusNetwork @Kirkland_Ellis @Mashinsky It makes sense. Why would Simon have to go through the UCC when the Debtors enjoy exclusivity? This would only make sense if the Debtors had ceded the plan process to the ucc -which has not happened.And if this were the case, the Debtors would not need centerview’s services.
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@DavidJAdler1991
David Adler
2 years
#CelsiusBankruptcy #CelsiusNetwork 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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@DavidJAdler1991
David Adler
2 years
@SimonDixonTwitt @Kirkland_Ellis Correction Simon …. That amount only represents 80% of the fees. The actual total is $6.5MM plus expenses.
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@DavidJAdler1991
David Adler
1 year
#CelsiusNetwork #celsiusbankruptcy 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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@DavidJAdler1991
David Adler
9 months
#celsiusnetwork #celsiusbankruptcy 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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@DavidJAdler1991
David Adler
2 years
#CelsiusBankruptcy #CelsiusNetwork 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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@DavidJAdler1991
David Adler
2 years
#CelsiusBankruptcy AM getting skewered on the prior statements from his interviews.
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@DavidJAdler1991
David Adler
2 years
#CelsiusNetwork #celsiusBankruptcy 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.
@DavidJAdler1991
David Adler
2 years
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?
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@DavidJAdler1991
David Adler
2 years
#CelsiusBankruptcy #CelsiusNetwork We filed this response to the examiner motion tonight.
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@DavidJAdler1991
David Adler
2 years
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.
@DavidJAdler1991
David Adler
2 years
#CelsiusBankruptcy #CelsiusNetwork 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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@DavidJAdler1991
David Adler
2 years
#CelsiusNetwork #celsiusbankruptcy . 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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@DavidJAdler1991
David Adler
2 years
#CelsiusNetwork #CelsiusBankruptcy 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).
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