Failed cryptocurrency exchange FTX is attempting to navigate a complex restructuring process. A recent draft plan unveiled by the firm’s bankruptcy administrator presents a pathway toward a “rebooted” offshore exchange but has received strong opposition from creditors. The conflicting views could prolong the bankruptcy proceedings and have raised questions about the way forward.
Details of FTX’s draft plan for a “rebooted” offshore exchange
FTX’s draft plan, submitted on Monday, offers an in-depth look at how the company intends to restructure its business. Key highlights include establishing a new offshore exchange exclusively for non-U.S. users, referred to as “dotcom customers.” Each holder of a dotcom customer entitlement will receive a pro-rata share of the proceeds from a pool of assets associated with the FTX.com exchange, net of certain distributions and expenses.
The bankruptcy administrator has also proposed setting up a new company, possibly with third-party investors, to operate this new offshore platform. Alternatives such as a merger or similar transaction are also on the table. U.S. customers, on the other hand, will be classified separately.
One notable aspect of the plan is that it allows for the issuance of non-cash considerations to the dotcom customer pool, such as equity securities, tokens, or other interests in the new Offshore Exchange Company. It also stated that claims related to FTT tokens would be canceled, with no distribution for holders, and non-customer claims, including those for regulatory penalties and taxes, would be subordinated.
Creditors criticize the plan and demand transparent engagement
Despite the comprehensive nature of the draft plan, it has not been well-received by all parties involved. The creditors’ committee, representing a significant portion of those owed money by FTX, has criticized the draft as being comprised of mere “ideas,” highlighting the lack of formal talks to discuss it. This lack of engagement has led to disappointment and friction.
The official committee of unsecured creditors did find common ground with FTX’s interim leadership on restarting operations but felt left out of the loop regarding the new offshore exchange. They are demanding a regulatory-compliant recovery token, a re-started FTX exchange to enhance creditor recoveries, and input on future plans.
The committee also criticized the spending of over $330 million on professional fees, making it one of the more expensive corporate bankruptcies in history, and the lack of a plan to generate income from the company’s almost $2.6 billion cash balance. They provided suggestions for maximizing the remaining assets of FTX and its affiliates but felt that FTX’s current administrators aren’t doing enough to meet legal obligations.
Lawyers for the creditors have threatened to reject any restructuring plan unless it includes substantive input from them, warning that a unilateral plan approach is unaffordable given the monthly professional fee burn rate of over $50 million.
FTX’s proposed reorganization plan has brought to light conflicting interests and views between the company and its creditors. The discord could delay the restructuring process through potential litigation, adding more costs and complexity.
