FTX Reorganization Plan Hits Legal Roadblocks
FTX's restructuring plan is hitting legal roadblocks despite strong support from creditors.
Although over 95% of creditors backed the plan, the U.S. Trustee and a group of creditors have raised objections that could hinder its progress.
U.S. Trustee Andrew R. Vara has outlined several concerns, primarily focusing on the plan’s broad legal protections for those involved in the bankruptcy process, the unfair treatment of smaller creditors, and questionable expenses related to a data breach. Vara argues that the estate has enough funds to treat all creditors more equitably and criticizes the plan for extending legal immunity beyond what is allowed by law.
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In a separate objection, Sunil Kavuri, representing the largest FTX creditor group, also takes issue with the plan’s legal protections and argues that creditors should be allowed to receive their claims in cryptocurrency rather than cash, which could help avoid hefty tax burdens.
Despite these challenges, FTX remains optimistic, citing strong creditor support. CEO John J. Ray III believes the plan will allow non-governmental creditors to be fully compensated. The final decision, however, hinges on a confirmation hearing set for October 2024, with FTX expected to submit final voting results to the U.S. Bankruptcy Court before then.