Key Points
- FTX aims to maintain the confidentiality of customer identities for a minimum of six months as it tries to recoup the lost funds.
- FTX has successfully retrieved cash and cryptocurrency assets valued at more than $5 billion.
- The insolvency of FTX could potentially impact in excess of one million creditors, which primarily comprises its clientele.
In November 2022, FTX, a prominent crypto exchange, filed for bankruptcy, sending shockwaves throughout the industry. Recent reports suggest that FTX is now fighting to keep its customer list under wraps, citing concerns that its release could negatively impact the exchange’s sale value.
The legal implications of this move remain unclear, leaving FTX customers in a state of uncertainty and distrust towards the exchange and its founder, Sam Bankman-Fried. As the situation unfolds, the fate of those who placed their trust in FTX hangs in the balance, with the possibility of being left with nothing.
Based on Cofsky’s discussions with interested bidders: “Existing customers would be extremely valuable to […] third parties interested in investing in the business.”
Also sees value in the list for reorganisation where customers get equity and interest to trade on the exchange.
— FTX 2.0 Coalition (@AFTXcreditor) June 8, 2023
Recent FTX Court Argument
In a recent court hearing, Kevin Cofsky, a partner at Parella Weinberg, an investment bank that has been retained by FTX, stated that if FTX’s competitors were to obtain knowledge of its customers, it would be detrimental to the exchange’s restructuring efforts. The list of customers is currently under seal, but mainstream media outlets such as Bloomberg, The Financial Times, The New York Times, and Dow Jones & Company (parent firm of The Wall Street Journal) filed an objection to the decision.
These media organizations argued that the press and the public have a presumptive right of access to bankruptcy filings. However, Cofsky disclosed that FTX has initiated a “significant” process of soliciting interest from potential buyers, investors, or even a relaunch of the exchange.
He also noted that the list of customers is “extremely valuable and valued” by those interested in the business. He believes that even if the exchange isn’t sold or finds investors, a relaunch of the exchange could see creditors collect a portion of the trading fees on what he dubbed a “first-class” and “regulatorily compliant” FTX.
Cofsky believes customers will continue trading on the exchange because “reorganisation will be done in a matter that is regulatorily compliant, […] unambiguously secured, first class […] as opposed to other platforms available to them”.
— FTX 2.0 Coalition (@AFTXcreditor) June 8, 2023
FTX Making Some Recovery
According to the attorney, FTX has made a remarkable recovery of over $5 billion. However, the crypto exchange is not resting on its laurels just yet. It plans to petition a U.S. bankruptcy court to enable it to sell fragments of its business in an auction. Additionally, FTX seeks to keep the names of its customers a secret for at least six months while it endeavors to recoup funds lost in what was purported to be an enormous fraud.
FTX will request the approval of U.S. Bankruptcy Judge John Dorsey in Delaware to establish procedures for selling its affiliates, namely LedgerX, Embed, FTX Japan, and FTX Europe. The objective is to generate funds for customers who have potentially lost billions of dollars.
End Points
The crypto market was shaken to its core by the collapse of FTX, resulting in the loss of billions of dollars. The exchange filed for bankruptcy on November 11, 2022. The impact of FTX’s bankruptcy on its customers is staggering, as the realm of cryptocurrencies is largely unregulated and there is no existing mechanism for ensuring depositor insurance.
According to the terms and conditions, FTX’s customers should receive a portion of the company’s remaining assets at the end of the bankruptcy process. However, it remains unclear how much will be left to distribute. The fallout from FTX Trading’s bankruptcy could affect over one million creditors, most of whom are customers. Former customers and others may also be impacted by the bankruptcy proceedings.