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Debtors and UCC Clash Over Asset Control in FTX Restructuring"

By Jerry McNeill
Aug 14, 2023
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Discontent among FTX debtors, led by CEO and Chief Restructuring Officer John J. Ray III, has emerged against traders and market makers within the Unsecured Creditors Official Committee (UCC). Their dissatisfaction stems from UCC's attempt to gain control over F TX assets, particularly its plan to invest around $2.6 billion of its cash reserves in short-term treasuries as part of the draft FTX 2.0 restructuring proposal.

In response to UCC's comments on the proposed restructuring and term sheet, FTX issued a strong rebuke in a court filing dated August 9. FTX criticized UCC's pursuit of asset control, especially the advice to allocate significant cash reserves to short-term treasuries for covering professional Fees up to $330 million.

The disagreement between UCC and debtors centers on the claim that FTX had inadequate legal representation and was financially strained during the bankruptcy filing. However, the SEC expressed distress with the behavior and limited participation of several UCC members, suggesting un professional conduct.

FTX's restructuring division has managed to recover roughly $7 billion in liquid assets from the initial $8.7 billion owed to clients when the exchange entered bankruptcy proceedings. Some creditors and experts have voiced their reactions to FTX's recent actions, contending that debtors are obstructing the restructuring process and challenging UCC's assertions.

Debtors have outlined a strategy for the relaunch of FTX 2.0, with John J. Ray III working on finalizing agreements and outstanding payments to facilitate the launch. While FTX is pushing forward with these plans, Kraken CEO Jesse Powell expressed skepticism about FTX 2.0, state that it's "more challenging than starting over," citing issues like a lack of team, technology, licenses, and a tarnished brand reputation.

In a separate development, FTX has initiated a motion to dismiss Chapter 11 bankruptcy proceedings related to FTX Exchange FZE (FTX Dubai), asserting that the exchange has not provided cryptocurrency-related services to investors.

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