How does a Bankruptcy work? What different types are out there and how are they affecting the Crypto world.
Bankruptcy is an important tool in our society for dealing with debt. It gives people a pathway out of financial hardship when it becomes too great to manage. In some cases, filing for bankruptcy can be the best option for debtors to start fresh, get out of debt, and rebuild their financial livelihoods.
When someone files for bankruptcy, the law separates their assets into two categories: secured debts and unsecured debts. Secured debts are those debts which are backed by collateral, such as a home or car loan. Unsecured debts are those debts that have no collateral backing them, such as medical bills and credit card debt.Once the separation of debt is done and the bill priorities are determined, the court will determine how the debt is to be paid. Under the bankruptcy code, a certain portion of the debt is either forgiven or converted into a repayment plan which is based on the debtor’s income and ability to pay.When a debtor is able to successfully pay all or part of their debts through bankruptcy, it affects their credit score. Bankruptcy may remain on a credit report for up to 10 years, but during this period, some creditors may not be so quick to extend credit. Bankruptcy is a legal process that helps individuals and businesses eliminate or repay their debts under the protection of the federal bankruptcy court. It is a powerful financial tool that provides consumers with a fresh start and the potential to rebuild their financial lives. A short history about Bankruptcy: In the United States, bankruptcy law dates back to the beginning of our country’s founding. Prior to the 1800s, debtors were far more limited in their options to escape the weight of debt. In 1801, the national Bankruptcy Act was passed by Congress, giving debtors the option to attempt to discharge their debts in a legal process. This act was revised in 1841 and 1867, giving debtors more rights in the bankruptcy system. The Bankruptcy Reform Act of 1978 was the first major revision to the bankruptcy code since 1867. This reform act carried a heavier emphasis on allowing debtors to discharge their debt rather than struggle with it for years on end. This led to a boom in personal bankruptcies, in the decade following Reagan's signature on the bankruptcy reform act an estimated six million debtor's chose to seek financial protection through bankruptcy. In response to this rise in personal bankruptcy filings, Congress passed the Bankruptcy Abuse Prevention and Consumer Protection Act in 2005. This new act put stricter limitations on who was able to file for bankruptcy as well as which debts were eligible for discharge. By making it harder for consumers to access bankruptcy, the idea was to encourage them to responsibly manage their debts and better understand Types of Bankruptcy:
Individuals can file for bankruptcy through Chapters 7, 11 or 13 of the U.S. Bankruptcy Code. A Chapter 7 bankruptcy provides a discharge of all eligible debt, while a Chapter 11 bankruptcy allows for reorganization and payment of debt over time. Chapter 13 bankruptcy allows for repayment of part of the debt over time and debt forgiveness in some cases. Chapter 11:
The bankruptcy filing of Chapter 11 is constantly evolving and growing. It's become an essential tool for businesses who need to restructure debt, reorganize operations, or auction assets in order to survive. This blog post will discuss the basics of this bankruptcy process, when it’s suitable, and the key aspects of filing for Chapter 11 bankruptcy. Before we begin, it’s important to understand that filing for bankruptcy (of any kind) is a serious decision that should be reached after careful research and consulting with an experienced attorney.What is Chapter 11 Bankruptcy?Chapter 11 bankruptcy is a form of reorganization for businesses and individuals. It enables a debtor to continue operating the business and pay creditors in the form of a reorganization plan. Creditors are given the chance to either accept or reject the new proposed repayment plan over the course of a few months to a year. Unlike the other forms of bankruptcy including Chapter 7 and Chapter 13, Chapter 11 does not involve liquidation of any assets, but rather a restructuring of the debt. The debtor remains in control of the company, and is able to continue day-to-day operations. Bankruptcy in Crypto:
It’s no secret that many cryptocurrency start-ups have failed in recent years. Whether it’s because of a bad business model, an overly ambitious team, or just bad luck – sometimes the only course of action for a crypto venture is to go bankrupt. But what exactly happens during a crypto bankruptcy? Just like any other kind of bankruptcy, a crypto bankruptcy must first be initiated by the company or individual filing. This is done by petitioning a court to declare them legally bankrupt. A crypto bankruptcy differs in that there is no central authority regulating the process, as is the case in traditional bankruptcy.Once the bankruptcy is declared, all of the company’s assets are put into a “trustee” which is responsible for distributing them to creditors. In a crypto bankruptcy, creditors may be made up of both traditional banks and crypto-based organizations. As such, it’s important for a company to be upfront about their finances, as any discrepancies or hidden funds could jeopordize the process.One of the main objectives of a crypto bankruptcy is to maximize the value of the assets being liquidated. Because of the volatile nature of cryptocurrencies, this can be especially difficult to do.
The current Crypto storm:
In 2022, Celsius, BlockFi, Voyager, and FTX (along with its roughly 100 related companies) all used Chapter 11 of the US Bankruptcy Code in attempts to reorganize their businesses. Three Arrows Capital, on the other hand, resorted to Chapter 15 in order to handle international insolvency and creditor issues.
It is not only crucial to consider the results of the individual cases, but also the potential for judgements that could set a legal and regulatory structure for the industry in general.
In July of 2022, Celsius, which was once known for its prominence in the crypto market, filed for bankruptcy after it had stopped withdrawals in the prior month due to "extreme market conditions." The recent ruling by the court judge has deemed that the tokens kept in interest-bearing accounts now belong to Celsius, and not the customers. This event could lead to the advancement of regulation and classification of token ownership in the future.
Judge Martin Glenn found that cryptocurrency does not meet the definition of a currency, as it is not a medium of exchange authorized, created, or adopted by a government, intergovernmental organization, or agreement between two or more countries.
The next wave:
Genesis, a crypto market player, has entered into bankruptcy proceedings after discussions with creditor groups, according to a report from Bloomberg on Thursday. The company had been hurt by the FTX crisis, where it held a blocked capital amounting to $175 million, and had informed potential investors that filing for bankruptcy was a possibility if new funding wasn't secured.
in its filing, Genesis Global Capital, the partner firm to Gemini's defunct Earn program, estimated more than 100,000 creditors and between $1 billion and $10 billion in liabilities, as well as assets. The two other entities estimated their assets and liabilities in the $100 million and $500 million range, respectively.
Genesis owes over $3.5 billion to its top 50 creditors, among which include crypto exchange Gemini, trading giant Cumberland, Mirana, MoonAlpha Finance and VanEck’s New Finance Income Fund, according to the bankruptcy filing published late Thursday.
Gemini recently accused Digital Currency Group (DCG), the parent company of Genesis, of making false representations about the solvency of Genesis. Cameron Winklevoss, one of the co-founders of Gemini, requested that DCG's board take action and remove Barry Silbert, the CEO of DCG, since he had allegedly defrauded Gemini and blocked users from withdrawing around $900 million associated with a Genesis product.
On March 25, 2021, creditors of Genesis Global Trading LLC (“Genesis”) filed a class action lawsuit (the “Complaint”) in the U.S. District Court in the Southern District of New York. The Complaint alleges that Digital Currency Group (“DCG”) and its CEO Barry Silbert violated federal and state securities laws when they launched a securities class action (“SCA”) case against Genesis on December 21, 2020.
The lawsuit filed against Genesis seeks damages, restitution, and injunctive relief for alleged violations of Section 10(b) of the US Securit
ies Exchange Act. Plaintiffs allege that Genesis engaged in a plan to defraud both potential and current lenders of digital assets by making false and misleading statements, misrepresenting its financial situation. If these allegations are proven to be true, Genesis could be liable for damages, restitution, and injunctive relief as a resultStay tuned for what comes next
To better understand the potential repercussions of this bankruptcy on the rest of the industry, Genesis, digital asset management Grayscale Investments, crypto mining company Foundry, and crypto media site Coindesk are just a few of the digital asset and blockchain-focused subsidiaries of DCG, a Connecticut-based cryptocurrency company that was founded in 2015.
Thank you for reading
The Semoto Team