In a recent tweet, David Adler, a Bankruptcy asset recovery expert and lawyer, mentioned that Celsius investors should remember to add all their different claims on the proof of claim form. Instead of focusing on just crypto, investors should add various claims depending on the laws of the countries they reside.
Celsius Investors Can Make Non-Coin Claims
The legal advisor posted on Twitter:
“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.”
Currently, many Celsius investors and creditors are more concerned about claims for crypto coins. A court document highlighted by David Adler in his tweet indicated different token investments.
Among the tokens listed on the form include Synthetix, Solana, WETH, WBTC, USDT, USDC, USD, and dozens of other tokens, coins, and stablecoins. Part of the document requires the claimants to mention the nature of their claims from Celsius. However, David notes that people should not just stick to coin-related claims but also non-coin ones.
Among the Possible Claims Include Fraud, Deceit
While many investors made many coin claims, Celsius broke many other business-related laws. When told to expound on his earlier tweet, David Adler said that the Celsius lending firm deceived their customers in many different ways since the beginning of the business until they paused withdrawals.
Another tweet by David said:
“Among other things, the debtors deceived their customers right up until the pause, prevented customer withdrawals for a month before the bankruptcy, liquidated loans etc. These are all claims separate from the coin that customers deposited.”
Another Twitter user JohhnyBuz also mentioned another possible claim. He noted that Celsius arbitrarily allowed “certain users to withdraw on June 11-12 but disallowed others. Moreover, the lender sent around $400MM of investors’ funds to FTX.
When responding to David, another Twitter user mentioned a claim about the Flare Website and Flare token. Celsius participated in Flare Token’s event, possibly using their XRP holdings. According to the user, this could be a claim worth a lot.
Another user asked if there’s a comprehensive updated list showing all the potential claims and wrongdoings. David responded by saying, “Not to my knowledge.” However, he mentioned that the Celsius network is global. Therefore, according to David, people living in different countries might have further claims depending on the law.
When asked about the deadline for submitting the claims, David noted that it would be set next week. However, the debtors want a deadline of the second week of December.
Celsius Legal Battle Continues
The embattled crypto lending platform Celsius has been in and out of courts in the past few months. Alex Mashinsky, the platform’s founder, together with the entity of Celsius, has been accused of defrauding investors. Already 40 regulators have been looking into Celsius’ books to identify any fraudulent activities. There are also tax-related questions that the troubled lender must answer. With more claims possibly arising after David Adler’s tweet, the Celsius network will continue suffering.
Source: https://crypto.news/celsius-creditors-should-add-all-claims-on-poc-form-bankruptcy-expert-says/