FTX Bankruptcy Saga Creditors Oppose Cash Payments Call for InKind Reimbursements
A significant faction of FTX creditors, led by Sunil Kavuri, has raised objections to FTX’s proposed bankruptcy reorganization plan, sparking numerous concerns. The primary objection revolves around the plan not prioritizing the best interests of the creditors.
Their main concern is that receiving cash reimbursement would create taxable events, leading to unnecessary financial burdens. As an alternative, they have suggested receiving assets in-kind, which would be more fair and avoid the issue of forced taxation.
The issue is further complicated by tax implications and legal disputes. Creditors are hesitant to accept cash payments due to potential tax liabilities, especially after FTX settled with the IRS for a significantly reduced amount. Despite this reduction, creditors remain divided on the overall bankruptcy plan.
Furthermore, tensions arose when FTX’s estate attempted to distribute funds, with creditors accusing the estate of distributing stolen assets. This conflict has strained relationships between the parties involved.
This discontent between FTX’s bankruptcy estate and its creditors is not new. The Official Committee of Unsecured Creditors (UCC) expressed disappointment in 2023 over the estate’s reorganization plan, which did not consider their input. The UCC believed the proposed provisions would unnecessarily prolong the bankruptcy process.
The conflict escalated in January 2024 when creditors demanded reimbursement based on current market prices rather than depressed prices from 2022, highlighting a major contention in the bankruptcy proceedings regarding property rights and valuation.
In February 2024, tensions rose as FTX creditors filed a lawsuit against Sullivan & Cromwell, the legal firm overseeing the bankruptcy. The firm was accused of being complicit in FTX’s fraudulent activities, despite claiming ignorance before the exchange’s collapse. An independent investigation later cleared Sullivan & Cromwell of any wrongdoing, emphasizing the intense mistrust and legal battles characterizing FTX’s bankruptcy process.
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