Crypto Bankruptcy Proceedings Highlight Regulatory Shortcomings
Celsius, BlockFi, Voyager, and, most recently, FTX — along with its roughly 100 related companies – all used the Chapter 11 provision of the US bankruptcy code in 2022 to reorganize their ailing business lines. Meanwhile, Three Arrows Capital filed for Chapter 15 bankruptcy in order to deal with insolvency and creditors on a global scale. According to Joe Acosta, a partner at the law firm Dorsey s an investment, a currency, a digital asset, or something else,” Acosta said. Not only is the outcome of the individual cases important, but so is the possibility of precedent-setting judgments that might create a legal and regulatory framework for the sector as a whole. There have already been prominent examples, according to Acosta. Celsius, previously one of cryptos most renowned lenders, declared bankruptcy in July 2022 after suspending withdrawals the previous month due to “extreme market conditions.” The presiding judge determined earlier this month that tokens put in interest-bearing accounts belong to Celsius, not the clients. According to Acosta, it might pave the way for future token classification and ownership regulations. “[Celsius bankruptcy] Judge [Martin] Glenn found that crypto is not a currency — by the standard definition — because it is not a medium of