General Developments/Background

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Something big happened the Celsius bankruptcy case last week. The filed by the Office of The United States Trustee (“UST”), a part of the US Department of Justice, has filed a motion asking the Court to appoint an examiner in the Celsius chapter 11 case. According to the UST, an examiner is needed because of:…

Voyager filed its Disclosure Statement and First Amended Plan (Plan) on Friday, August 12. A primary purpose of a Chapter 11 plan is to define how creditors’ and customers’ claims are proposed to be treated. For a business such as Voyager’s, the plan would be expected to include how customers’ claims will be treated. A disclosure statement typically describes the plan, the debtors’ history, events leading to bankruptcy, and for debtors that intend to operate after bankruptcy, includes projections of its future under the plan (along with a liquidation analysis to compare the plan with a liquidation of the debtors).

Calling Voyager’s Plan a shell is an overstatement to anyone who has ever searched for crustaceans by the seashore. It does not indicate what customers or creditors will receive. It does not indicate what Voyager’s future will or may hold, since the bidding process is still underway and there is no way to know whether there will be one or more “white knights” or if Voyager will seek to keep existing management in charge.Continue Reading Voyager Holdings—Disclosure Statement and Plan Leave Customers and Creditors Asking “Who’s on First?”

As we’ve previously noted, customers and other creditors of Voyager Digital Holdings face a deadline to file official “proofs of claim” setting forth the amounts they assert that Voyager owes them. The deadline is 5:00 p.m. ET on October 3, 2022. Information regarding the deadline, filing requirements, and procedures is available in the bankruptcy court’s order that established the deadline.

            The court-approved proof of claim form for customers can be found here.

            Proofs of claim can be filed electronically here.Continue Reading Voyager Bankruptcy Shows a Smorgasbord of Digital Assets

The bankruptcy court in the Voyager case issued an order authorizing that funds held in two specific accounts (FBO accounts) at Metropolitan Commercial Bank, which are administered by Voyager, are held for the benefit of and belong to Voyager’s customers. As a result of this order, the bank and Voyager may honor customer requests for withdrawals of such cash as of the date Voyager filed for bankruptcy.Continue Reading Some Voyager Creditors May Get Cash Back that is Held at Bank

Customers and creditors of Voyager Digital Holdings face a deadline to file official “proofs of claim” setting forth the amounts they assert that Voyager owes them. The deadline is 5:00 p.m. ET on October 3, 2022. Information regarding the deadline, filing requirements, and procedures is available in the bankruptcy court’s order that established the deadline.Continue Reading Voyager Creditors—Deadline Set for Filing Bankruptcy Proofs of Claim

The Voyager Digital Holdings bankruptcy cases, along with the Celsius Network cases, provide a unique opportunity for parties to acquire assets and/or operations of each company. The bankruptcy court approved bidding procedures in an order issued in the Voyager cases that outlines the entire process and steps to be followed by anyone interested in submitting a bid. 

In the Celsius Network case, the bankruptcy court hearing on August 8 will consider the Celsius motion to establish a very similar process that will trail Voyager’s sale process by approximately one month.Continue Reading Voyager, Celsius, and Possible Bidding Opportunities

Non-fungible tokens have been widely adopted across a variety of industries. The fast-developing NFT ecosystem of technical and commercial innovation is aimed at the promise of bridging physical world concepts of uniqueness and scarcity with the digital world. As with all forms of technical innovation, NFTs pose unique legal challenges to participants in this ecosystem.

Weekly Blockchain Focus

  • Zelenskyy Signs Virtual Assets Bill Into Law, Legalizing Crypto in Ukraine
  • Japan Sets Penalties on Crypto Exchanges in Case of Violations of Sanctions on Russia
  • SEC Rejects Spot Bitcoin ETF Proposals From NYDIG, Global X
  • Bipartisan Praise for Biden’s Executive Order on Crypto
  • Crypto Apps break 100M Downloads in Fourth Quarter
  • EU Parliament Committee Votes Against Proof-of-Work Ban and Supports Alternative Amendment on Crypto Assets

Further Reading

  • Andreessen Horowitz Hires Michele Korver, Former FinCEN Chief Currency Advisor
  • CNBC: Senate Banking Committee holds hearing on crypto and illicit finance
  • The Block: ConsenSys raises $450 million Series D at $7 billion valuation
  • The Washington Post: Sarah Bloom Raskin withdraws nomination for Fed vice chair for supervision

Continue Reading Blockchain Week in Review: Week of March 28, 2022

Weekly Fintech Focus

  • Treasury Releases National Risk Assessments
  • SEC Probing NFT Market
  • Russia/Ukraine Sanctions Overview
  • Summary of Industry Responses
  • BitConnect Founder Flees India After Being Indicted In $2B Ponzi Scheme
  • UK Government to Crackdown on Illegal Cryptocurrency Activity
  • Swiss City of Lugano to Make Bitcoin and Tether ‘De Facto’ Legal Tender

Continue Reading Blockchain Week in Review: Week of February 28, 2022

Perkins Coie LLP is pleased to bring you this updated Digital Asset SEC Timeline.

The Digital Asset SEC Timeline serves as an interactive compilation of select SEC guidance, enforcement actions, and speeches relating to the application of the federal securities laws to digital assets. Beginning with the release of the DAO Investigative Report in…