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Creditors are dissatisfied with the S&C exemption clause included in the revised FTX debt repayment case
2024-05-08 09:08
Odaily News While FTX's newly revised proposal promises "billions of dollars in compensation," creditors are unhappy with specific terms related to the Sullivan & Cromwell (S&C) law firm. FTX announced a new amendment to its debt repayment case on the 7th, which includes a discharge clause. A discharge clause means that if damage is caused during the execution of bankruptcy proceedings, some parties can be exempted from liability. FTX creditor Sunil said that in FTX's case, S&C may have included a clause to exempt itself from any potential liability. Sunil is a member of FTX's largest creditor group, the FTX Customer Ad-Hoc Committee, which has more than 1,500 FTX creditors. (Cointelegraph) Earlier today, FTX and its affiliated debtors filed a revised reorganization plan and disclosure statement with the U.S. Bankruptcy Court in Delaware on Tuesday. The plan is expected to centrally distribute to customers and other creditors around the world almost all of FTX's assets when it goes bankrupt in November 2022. FTX expects the total value of property collected, converted into cash and available for distribution to be between $14.5 billion and $16.3 billion. The amount includes assets controlled by Chapter 11 debtors and assets controlled by the Joint Official Liquidators of FTX Digital Markets, Ltd. (Bahamas), the Securities Commission of the Bahamas, and the Joint Official Liquidators of FTX Australia. FTX is understood to owe customers and other non-government creditors approximately $11 billion. The additional cash will be used to pay interest to the company's more than 2 million customers, a rare outcome as creditors typically receive only a fraction of the face value in U.S. bankruptcy cases.