FTX debtors to receive asset value based on petition submission date 1

FTX, a cryptocurrency exchange that met its demise in November 2022, is currently grappling with intricate challenges as debtors submit an amended Chapter 11 plan of reorganization. This proposal suggests an unusual approach: retroactively setting the value of customer asset claims to the time of the exchange’s collapse. Filed in the United States Bankruptcy Court for the District of Delaware, the recent document outlines that any customer claim seeking compensation will be based on the asset’s value as of the bankruptcy filing date on November 11, 2022.

FTX’s compensation plan awaiting approval

Should this plan gain approval, the value of a claim would be determined by converting the crypto asset’s value into cash, utilizing specified conversion rates in a conversion table. However, the crypto market has seen substantial growth since the bankruptcy filing. For instance, Bitcoin, valued at $17,036 during the filing, has surged to $42,272 at the latest update, presenting a considerable shift in valuation dynamics. On November 30, FTX received approval to sell approximately $873 million worth of trust assets.

The intent behind this sale is to channel the proceeds towards repaying creditors of the collapsed exchange. Joseph Moldovan, chair of business solutions, restructuring, and governance practices at Morrison Cohen, a New York-based law firm, highlighted the exceptional nature of the FTX bankruptcy. He emphasized that FTX’s debtors are complex entities burdened with substantial amounts of debt, adding an extra layer of complexity to the resolution process.

A significant development occurred on December 7 when the FTX 2.0 Customer Ad Hoc Committee proposed a revision to the reorganization plan. The objective is to ensure a balance among stakeholder interests, showcasing a proactive approach to address concerns and foster a fair resolution to the case. Simultaneously, there is growing scrutiny of activities involving crypto-assets linked to both FTX and Alameda Research. Reports on December 9 disclosed that wallets associated with these defunct entities transferred digital assets worth $23.59 million to multiple crypto exchanges.

Proactive revisions for stakeholder balance

This raises questions about transparency and accountability in the aftermath of their collapse, reinforcing the need for ongoing scrutiny and regulatory measures in the crypto space. The dynamics of the FTX bankruptcy underscore the challenges inherent in dealing with cryptocurrency exchanges, particularly when significant amounts of debt are involved. The proposal to retroactively value customer asset claims adds complexity, given the subsequent surge in crypto prices since the bankruptcy filing.

The decision to sell trust assets for creditor repayment reflects a pragmatic step in managing the aftermath of FTX’s collapse. The court’s approval for such a sale acknowledges the necessity to provide relief to creditors affected by the exchange’s closure. The proactive move by the FTX 2.0 Customer Ad Hoc Committee to revise the reorganization plan demonstrates a commitment to addressing concerns and achieving fairness. This approach recognizes the diverse interests of stakeholders and seeks a balanced resolution in light of the intricate circumstances surrounding the case.

The transfer of digital assets from wallets linked to FTX and Alameda Research to multiple crypto exchanges raises questions about the transparency and accountability of such entities post-collapse. This activity underscores the ongoing need for scrutiny and regulatory measures to safeguard user interests and uphold the integrity of the broader crypto ecosystem. As the bankruptcy proceedings unfold, the crypto community will closely monitor how the court navigates asset valuation in a volatile market and balances the interests of creditors, customers, and other stakeholders.