Small creditors put at risk by latest FTX bankruptcy development

As an analyst with a background in bankruptcy law and extensive experience in the cryptocurrency industry, I believe this latest development in the FTX EU bankruptcy case is a strategic move by the debtor to streamline the administrative processes and potentially expedite the proceedings. However, it comes with risks, particularly for smaller creditors who could be overshadowed by larger ones in claim resolution.


In the most recent advancement of the FTX bankruptcy case, a noteworthy allegation against FTX EU, formerly recognized as K-DNA Financial Services, has been moved to FTXcreditor. This transition could expedite all subsequent processes, yet it may also pose threats to smaller creditors.

Based on court records submitted to the United States Bankruptcy Court in Delaware on May 15th, this claim is connected to the ongoing Chapter 11 bankruptcy case against FTX EU that was initiated prior to this.

As a bankruptcy analyst, I ensure that all transfers of claims adhere to the regulations outlined in the Federal Rules of Bankruptcy Procedure. Specifically, Rule 3001(e)(2) governs these types of transfers and must be strictly followed during the process.

“Seller hereby waives any notice or hearing requirements imposed by Rule 3001 of the Federal Rules of Bankruptcy Procedure, and stipulates that an order may be entered recognizing this Evidence of Transfer of Claim as an unconditional assignment and Buyer as the valid owner of the claim.”

As a crypto investor involved in a bankruptcy case, I would describe it this way: In an effort to streamline the complex administrative procedures of my bankruptcy case, I’m opting for a strategic approach that involves consolidating all creditor claims into one entity, effectively acting as a single creditor.

As an analyst, I recognize that this approach could lead us to a faster resolution for the case. However, it carries a risk: given that all claims are processed through the company as a single entry point, smaller creditors might be disadvantaged. Consequently, they may end up receiving less favorable terms or even less than what they’re entitled to, while larger creditors reap greater benefits.

Michael Bottjer represents the newest creditor, FTXcreditor, in this matter. Yet, the identity of the transferor is still undisclosed.

“To protect the identity of the Transferor, Transferee has not disclosed the Transferor’s name or address, and has not attached the signed Evidence of Transfer to this Notice of Transfer of Claim.”

The absence of clarity surrounding the bankruptcy proceedings during this consolidation phase might invite concerns, potentially allowing for manipulation since the identities of claim transfers are kept confidential.

In November 2022, FTX, the cryptocurrency exchange, initiated bankruptcy proceedings. Subsequently, it experienced unexpected financial hardships that have left a profound impact on the creditors involved.

Following that time, there has been increased focus on cryptocurrencies in the United States through regulatory measures aimed at enhancing oversight and safeguarding investors.

In the most recent turn of events regarding this case, Sam Bankman-Fried, one of FTX’s founders, has denied any wrongdoing following a previous development, which resulted in a 25-year prison sentence for him.

As a crypto investor, I can relate to Bankman-Fried’s interview on May 9 where he shared his personal experiences. He mentioned living frugally, surviving on a diet primarily consisting of beans and rice. In his own words, rice became one of the essential currencies in his realm.

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2024-05-15 16:46