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Celsius Network LLC and its affiliates (“the Debtors”) provided certain financialservices involving cryptocurrency, including offering deposit accounts for cryptocurrency assets (“Earn Accounts”). In re Celsius Network LLC , Case No. 22-10964 (MG), 2023 Bankr. LEXIS 2 (Bankr.
The defendant offered a “pause” program that allowed the plaintiff to suspend service for up to nine months at a cost of $5 per month, which the plaintiff accepted. Ultimately, the plaintiff filed for chapter 7 bankruptcy protection, listed the defendant as an unsecuredcreditor, and obtained a discharge of her debt.
In practice, the court’s ruling relegates Earn Account holders to the class of “unsecuredcreditors,” and their ability to recover their losses depends on two circumstances: (1) priority of distributions to unsecuredcreditors under a confirmed Chapter 11 bankruptcy plan and (2) the liquidity of the bankruptcy estate.
The company expects to have sufficient funds to fully repay unsecuredcreditors. Participants acknowledged the importance of their partnership on financial innovation as a crucial part of U.S.-UK UK financialservices cooperation and expressed a desire to continue discussing these topics ahead of the next meeting in 2024.
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