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FTX Reorganization Plan Faces Strong Opposition

Aug 25, 2024
  1. U.S. Trustee and Creditors Oppose FTX Reorganization Plan
  2. Arguments and Criticism
  3. FTX CEO Remains Confident Despite Legal Objections

Recent filings in the FTX bankruptcy case show broad objections to the reorganization plan by the U.S. Trustee and a group of creditors.

U.S. Trustee and Creditors Oppose FTX Reorganization Plan

The U.S. Trustee overseeing the case, Andrew R. Vara, listed the top ten major objections to the plan. Most objections concern very broad legal releases given to most bankruptcy officials, different treatment of same-class creditors based on their size, and unnecessary expenditure related to a data breach by one of the estate service providers.

Arguments and Criticism

Vara criticizes the excessive immunities for estate professionals, which far exceed typical protections under relevant statutes. He also slammed the plan's allowance for breach expenses to be covered, stating it should not be left to the estate. Other complaints include those from Sunil Kavuri, who represents the largest group of FTX creditors, advocating for in-kind reimbursements.

FTX CEO Remains Confident Despite Legal Objections

Despite these challenges, FTX CEO John J. Ray III remains optimistic about the reorganization plan due to its overwhelming support from creditors. He is confident that the plan will be completed on schedule, with full payment and interest to all creditors except governmental ones.

The FTX bankruptcy case continues to unravel, with an independent examiner now tasked to investigate the bankruptcy procedures after an initial denial of his appointment was reversed.

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