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BlockFi Plan Administrator Shares Legal Hurdles to Secure Full Customer Recovery as Claims Sale Proceeds

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Teuta Franjkovic
Last Updated

Key Takeaways

  • BlockFi’s sale of claims against bankrupt FTX paves the way for full repayment of approved customer and creditor claims.
  • A previous agreement with FTX secured over $874 million in claims for BlockFi.
  • Strategic legal maneuvering was crucial in maximizing BlockFi creditor recoveries.
  • Efficient claim management and sales were essential for creditor payouts.
  • The BlockFi case sets a precedent for innovative bankruptcy strategies in the crypto space.

BlockFi is nearing an “in principle” agreement with the bankrupt estates of FTX and Alameda Research. 

The crypto lending firm’s bankruptcy was largely triggered by its entanglements with FTX’s hedge fund in November 2022. Now, years after announcing its wind-down to focus on returning crypto assets to their rightful owners, claimants could soon see the light at the end of the tunnel.

Successful Resolution and Strategic Sale of Claims

Ken Aulet, representing the Plan Administrator for BlockFi Inc., shared insights into the legal complexities and strategic maneuvers involved in selling BlockFi’s claims against FTX, particularly at a premium. He told CCN that this process was critical in maximizing recoveries for creditors while minimizing delays. The initial challenge was successfully filing claims against FTX, which required meticulous legal preparation to anticipate and counter potential defenses and counterclaims from FTX.”

He said:

 “FTX asserted a number of claims against the BlockFi estate that could have significantly reduced the ability of the BlockFi estate to recover against FTX.  The Plan Administrator carefully prepared a litigation plan in support of our claims against FTX and opposing FTX’s counter-claims.  However, when circumstances shifted to allow for a fair resolution that would affirm our claims in the FTX proceeding and  not reduce those claims based on FTX’s counter-claims, we were able to reach a mediated result thanks to the able work of Bankruptcy Judge Craig T. Goldblatt, saving significant time and money that would have otherwise been spent on litigation.”

Aulet revealed that a favorable shift in circumstances, combined with the expert guidance of Bankruptcy Judge Craig T. Goldblatt, enabled the parties to reach a mediated settlement.

The representative shared that this settlement not only validated BlockFi’s claims in the FTX proceedings without any reduction due to counterclaims but also avoided the significant costs and resources associated with prolonged litigation. Following the settlement, M3 Partners and Brown Rudnick provided critical advice on the optimal timing for monetizing these claims. By carefully evaluating the market and selecting the highest and best bid, BlockFi could maximize the value of the claims and efficiently close a substantial transaction, ultimately serving the best interests of its customers and creditors.”

Implications for Final Distributions and Future Bankruptcy Cases

Ken Aulet outlined the final steps for distributing assets to customers. To receive their distribution, customers must link their Coinbase account to their BlockFi account by Aug. 23rd. This will enable the direct transfer of assets into their Coinbase account.

Customers opting for cash payments will need to select a payment method and provide the required details after the Aug. 23rd deadline. However, Aulet expects that obtaining this information from all customers in a timely manner may be a challenge, which could impact the speed of distribution.

Looking forward, Aulet believes this transaction sets a precedent for future cryptocurrency firm bankruptcies. The successful sale highlights the importance of creativity in bankruptcy proceedings, encouraging future administrators to explore unorthodox approaches to maximize stakeholder value. Aulet asserts that this case serves as a learning point that while each bankruptcy case might differ, the focus should remain on innovative solutions that prioritize customer and creditor interests.

He said:

“We learned a lot of lessons from looking at how past financial firms dealt with their bankruptcy proceedings, and how other cryptocurrency companies were handling theirs, to learn lessons that could be applied to BlockFi.  Future cryptocurrency bankruptcy cases won’t follow the exact same playbook – but it will be important for those cases to keep an eye open for creative ways to deliver more value for customers through novel approaches as the Plan Administrator did in BlockFi.”

BlockFi Claims Sale a “Final Chapter,” Distributions Coming Soon

BlockFi’s plan administrator disclosed the sale of its claims against FTX, setting the stage for a complete payout to all approved customer and creditor claims soon.

In a statement shared with CCN, BlockFi’s plan administrator, Mohsin Y. Meghji, suggested that the transaction involving all claims against FTX  signifies the concluding phase of the company’s wind-down process.

Meghi stated:

“This transaction marks a final chapter in the wind-down and is the best possible outcome for customers of BlockFi. These recoveries on customer claims, and the timeline those recoveries will be distributed on, were unimaginable when these cases were filed in November 2022. These results, achieved through tireless efforts by various parties, are remarkable. We intend to commence the Final Customer Distribution as quickly as reasonably practicable.” 

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Leveraging March FTX Deal to Secure Customer Funds Through Claims Sale

The announcement follows a March 2024 agreement with FTX, which allocated over $874 million in claims against FTX and its affiliate, Alameda Research, to BlockFi. Following this, the plan administrator approved selling these claims to a third party.

In March, BlockFi provided a detailed breakdown of this settlement, including $185.2 million attributed to the value of BlockFi’s assets held on the FTX exchange and $689.3 million related to loans BlockFi extended to Alameda.

Under the agreement, $250 million of the total claim would be treated as a secured claim, granting BlockFi priority in payments once creditors approve FTX’s bankruptcy exit plan.

This arrangement enabled BlockFi to move forward with a second interim distribution to its creditors. Additionally, the agreement included a provision where FTX would withdraw its claim against BlockFi.

BlockFi to Sell FTX Claims, Customers to See Significant Recovery

Brown Rudnick, the law firm representing the plan administrator, informed CCN that in June 2024, the plan administrator decided that selling the claims would optimize customer returns and significantly recover funds for subordinate creditors while reducing timing and execution risks associated with BlockFi’s FTX claims. 

Consequently, a sales process was initiated on June 24, 2024, and concluded on July 10, 2024, with the highest and best offer significantly exceeding the claims’ face value.

Since BlockFi’s platform has ceased operations, any in-kind distributions will be managed exclusively through the plan administrator’s partnership with Coinbase. Notably, distributions to BlockFi’s international creditors will require further identity verification and KYC checks to adhere to global standards.

However, clients outside the US will continue to face delays in receiving funds due to regulatory restrictions, and no clear timeline has been provided for these payments.

Why Creditors Sell Debts from Bankrupt Companies: Immediate Benefits and Reduced Risks?

One of the primary causes of BlockFi’s bankruptcy in November 2022  was its financial exposure through loans to FTX’s hedge fund, Alameda Research. Despite these difficulties, BlockFi permitted its Wallet customers to withdraw their funds in October 2023.

Creditors often opt to sell their debts against bankrupt or insolvent companies for several compelling reasons:

  • Immediate Payment: Selling debt allows creditors to quickly receive cash for an asset that might otherwise be considered a loss.
  • Simplified Process: This method eliminates the complexities and ongoing obligations associated with remaining a creditor.
  • Risk and Cost Avoidance: Creditors can bypass the uncertainties and expenses tied to the bankruptcy proceedings.
  • Reduced Accounting Burden: Selling the debt removes the need for continuous accounting for the claim.
  • Avoidance of Documentation Loss: Over time, crucial documents validating the debt can be lost or destroyed; selling the debt early on helps secure its current value and mitigate such risks.

Selling debts early in the bankruptcy process can thus secure immediate value and substantially decrease risks for creditors.

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