Lawyers for bankrupt lender Celsius Network are seeking to claw back $7.7 million from the estate of rival Voyager Digital as judges wrangle over the exact legal status of Celsius’ assets.
The U.S. bankruptcy code allows clawback of transactions that took place up to three months before Celsius filed for Chapter 11 bankruptcy protection on July 13, sauid documents filed in a court in the Southern District of New York in the early hours of Wednesday morning.
“Voyager maintained Earn accounts with Celsius, which earned significant rewards for its users,” the filing said, citing Voyager transactions of $7.7 million between Celsius accounts, of which $5.9 million was withdrawn, during the crucial 90-day period. “Section 547 of the Bankruptcy Code allows Celsius to claw back that cryptocurrency.”
Other withdrawals and transfers could also be subject to challenge, Celsius said, but added that the figure was still small in Voyager’s total pool of $1.85 billion in unsecured claims.
Voyager itself had filed for bankruptcy protection July 5, and claims against the company were supposed to be filed by Oct. 3. Celsius is begging for a deadline extension, saying that it had been too preoccupied with its own legal case, and that Voyager had sent its legal notice to an out-of-date address for Celsius’ U.K. arm.
But Glenn still needs to decide whether funds from other kinds of Celsius account now belong to the company or its clients, including the interest-bearing “Earn” and transitional “Withhold” accounts used by Voyager.
Preparing documents for the Celsius legal case “was uniquely challenging because it is one of the first ever crypto bankruptcies, and there is a lack of precedent,” the Wednesday filing said.
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