In a recent court filing, FTX and its affiliates objected to the extension of court-mediated settlement talks involving bankrupt crypto lender Genesis. Despite being a major creditor, FTX claimed that it had not been invited to the court-appointed mediation in May. Genesis had filed a motion estimating FTX debtors’ claims at $0.00, but FTX, stating that it was the largest creditor with claims worth $3.9 billion, opposed this motion. The objections from FTX and other individual Genesis creditors have caused delays in the settlement attempts, frustrating the resolution process.
Genesis bankruptcy proceedings marred by delays and lawsuits
Genesis, once a prominent provider of lending services for digital coins, filed for bankruptcy in January due to the credit crisis that struck the crypto industry. The inability to reach a final settlement with creditors has resulted in months-long delays, with individual creditors urging prompt resolution.
A creditor named Yosif Sharif voiced concerns over the lack of substantial progress and criticized the mediation extension as a delay tactic. Lawsuits and actions from the Securities and Exchange Commission have further complicated the proceedings, with the regulator suing Genesis over its customer lending program, Earn, which involved a significant sum sought by Gemini’s customers.
While the May mediation talks have been kept under wraps, Gemini, a key creditor, revealed they are working on an amended reorganization plan. This plan could be pursued even without the consent of Digital Currency Group (DCG), the parent company of Genesis, if the mediation fails. The confidentiality surrounding the talks has raised concerns among creditors like FTX, which assert that they have not been invited to participate despite claims of collaboration with all parties. However, the lack of transparency and collaboration has further strained the bankruptcy proceedings.
Sam Bankman-Fried, the founder of FTX, is preparing to defend himself against fraud charges by shifting the blame to Silicon Valley law firm Fenwick & West. Bankman-Fried’s defense team has requested documents from the firm, claiming that the legal advice provided is crucial for preparing a defense.
The defense aims to leverage an advice-of-counsel defense, countering allegations that Bankman-Fried had intentions to break the law. The founder has previously sought the dismissal of most of the criminal charges brought against him.
