Celsius Earn Accounts To Be Treated As Unsecured Claims In Bankruptcy Filing

In yet another blow to crypto investors, those that were participating in Celsius’ Earn program appear to have officially lost their funds that were held in Earn accounts. The ruling was handed down by Chief United States Bankruptcy Judge Martin Glenn in a memorandum opinion and order filed today regarding ownership of earn account assets.

Within the filing, Judge Glenn made the conclusion that cryptocurrency assets that were in Earn accounts as of the petition date became the property of the debtors bankruptcy estates. The decision is said to be a result of the Terms of Use employed by Celsius, which 99.86% of Earn users had accepted.

Summary of decision related to Celsius’ Earn accounts

The decision is said to be a matter of contract law, with the decision referencing terms of use implemented on April 15, 2022. The document in question contained the text that “all right and title to such Eligible Digital Assets, including ownership rights,” is held by Celsius. This thereby makes Earn account holders unsecured creditors, with the recovery of such funds dependent on distributions to unsecured creditors, with Judge Glenn highlighting that “a fundamental principle of the Bankruptcy Dode is equality of distribution,” and that there will not be enough value to repay all accounts in full.

Selkirk Copper Mines — sponsored Sponsored · Selkirk Copper Mines

The decision is said to be of a limited scope, and does not apply to “Custody Programs, Withhold Accounts, or Borrow Program, or whether any individual Account Holder has valid defenses to the contract between Account Holders and the Debtors.”

Included within the filing is details on just at how much is at stake in making the decision. Across 600,000 Earn accounts, there sits crypto worth approximately $4.2 billion, of which stablecoins amounted to just $23.0 million. Those holdings will now represent unsecured claims.


Information for this briefing was found via Sedar and the sources mentioned. The author has no securities or affiliations related to this organization. Not a recommendation to buy or sell. Always do additional research and consult a professional before purchasing a security. The author holds no licenses.

Video Articles

A $2.2B Gold Project Is Outgrowing Its Plan | Michael Henrichsen – Gold X2 Mining

Pay for the Copper, Get the Gold Free | Rob McEwen – McEwen Inc

This Gold Discovery Was Already Huge. Now It’s Becoming a Monster. | Goliath Resources

Recommended

Rackla Metals Adds Two Northern Development Veterans to Board as Lentung Advances

Northmin Hits 12.85% Copper and 933 g/t Silver in Highest Grade Tynagh Assays Yet

Related News

The Mashinsky Method: Understanding The Degree Of Celsius Network’s CEO’s Complicity In The Firm’s Bankruptcy

It’s no secret that Celsius Network is undergoing a bankruptcy process–addressing its US$1.2 billion balance...

Thursday, August 18, 2022, 02:25:00 PM

What IS Celsius? Examining The Crypto Lender Amid Its Liquidity Crisis

As crypto lending platform Celsius Network (private) suspends redemptions and inter-account transfers in an effort...

Saturday, June 18, 2022, 09:00:00 AM

Lenders’ List: Celsius Network Forced To Disclose Names Of Creditors

The bankruptcy court handling the ongoing Chapter 11 process of Celsius Network thumbed down the...

Tuesday, October 11, 2022, 10:33:00 AM

Ex-Celsius CEO Alex Mashinsky Apparently Blames Firm’s Collapse On FTX

Alex Mashinsky, co-founder and former CEO of Celsius Network, has moved to dismiss the New...

Friday, May 5, 2023, 06:25:00 AM

Crypto: How Lending Against Digital Currency Works – The Daily Dive ft Waseem Shabout

For the final episode of The Daily Dive for the trading week, we sit down...

Friday, May 21, 2021, 01:30:00 PM