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FTX Bankruptcy Progress: IRS Settlement and Creditor Reimbursements

Jun 4, 2024

The recent agreement between FTX and the Internal Revenue Service (IRS) has brought a resolution to a significant financial hurdle, with FTX committing to pay $885 million to settle a $24 billion tax claim initiated by the IRS during bankruptcy proceedings. This comprehensive settlement includes a priority payment of $200 million, to be disbursed within 60 days following the implementation of a court-approved creditor repayment plan.

The legal representatives of FTX have acknowledged the potential burden of substantial tax liabilities, leading to a legal battle against the IRS's $24 billion claim. The company's concern extends to the impact of a multi-billion dollar tax payment on creditor reimbursements, emphasizing the complexity of the situation.

Apart from the $200 million priority payment, FTX also has an outstanding tax obligation of $685 million designated as a 'lower priority' claim. The payment of this amount is contingent upon the availability of funds after fulfilling customer obligations.

This settlement with the IRS signifies a crucial milestone in FTX's journey towards addressing creditor payments subsequent to its bankruptcy filing in 2022. Following the company's Chapter 11 protection filing and the downfall under the leadership of convicted founder Sam Bankman-Fried, strategic measures such as Anthropic share liquidations and discounted Solana auctions paved the way for the announcement of nearly $16 billion for debtor distribution.

Considering the company's liabilities at approximately $12 billion, the projected debtor distribution could result in repayment of up to 118% of customers' holdings, an uncommonly high percentage in bankruptcy cases. Speculations surrounding gains for administrators and restructuring personnel under the leadership of CEO John J. Ray have surfaced, with substantial fees exceeding $500 million granted for legal services rendered by firms like Sullivan and Cromwell, Paul Hastings, and Quinn Emanuel.

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