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S&C Cleared of Misconduct: FTX Proposal Reveals Bankruptcy Law Firm's Absolution

By Cornell Rachel
May 11, 2024
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FTX has unveiled a revised proposal for creditor repayment, touting "billions of dollars in compensation." However, this move has left creditors dissatisfied due to specific terms concerning law firm Sullivan & Cromwell (S&C). The newly released plan contains an exemption clause, shielding certain parties from liability during bankruptcy proceedings.

According to Sunil, a prominent FTX creditor and member of the FTX Client Ad Hoc Committee, S&C may have included provisions exempting themselves from liability. Sunil alleges that this clause absolves S&C of any wrongdoing, even if FTX assets are sold to their own customers and insiders at a significant discount, among other contentious actions.

The controversy surrounding S&C's involvement in FTX's bankruptcy proceedings emerged following lawsuits filed by top creditors against the firm. Allegations suggest that S&C actively participated in FTX Group's fraudulent activities and financially benefited from the fraud. Despite this, Sullivan & Cromwell, a longstanding law firm, continues to oversee FTX's bankruptcy proceedings.

FTX reportedly owes S&C up to $1.45 billion in legal fees related to the bankruptcy process. The new repayment plan has triggered outrage among cryptocurrency investors, particularly due to its clauses absolving certain parties of guilt. Some creditors, including Rob, who heads growth at Paradex, have expressed their intention to vote against the plan, citing concerns about potential value destruction.

Critics argue that the proposed compensation structure is unfair, especially considering the significant appreciation in Bitcoin prices since the crash that led to FTX's bankruptcy. Mike Belshe, CEO of BitGo, highlighted the dissatisfaction among creditors, asserting that none would view $16,800 in Bitcoin as adequate compensation. While FTX aims to address creditor concerns through its revised plan, the controversy surrounding S&C's involvement and compensation terms persists.


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