'Categorically false' — Attorney denies bids for Celsius assets were rejected

Published at: Feb. 1, 2023

The counsel representing Celsius’ official creditor committee has denied assertions that the bids for Celsius’ crypto assets have been rejected.

During a Jan. 31 Twitter Space “town hall” following the examiner’s report on Celsius attorneys from White & Case LLP including Gregory Pesce and Aaron Colodny addressed the so-called “leaked” bids for Celsius’ crypto assets, which was published by crypto blogger Tiffany Fong.

“The assertion that the bids have been rejected is just categorically false,” said Pesce.

https://t.co/hbJ5GJchZC

— Celsius Official Committee of Unsecured Creditors (@CelsiusUcc) January 31, 2023

Fong’s Jan. 27 post on Substack revealed at least five firms that were reportedly interested in bidding on Celsius’ crypto assets, including Binance, Bank To The Future, Galaxy Digital, crypto trading company Cumberland DRW and digital asset investment firm NovaWulf.

At the time Fong said the bids were “for the most part, abandoned” — referring earlier in the post to a statement from a Celsius lawyer proclaiming the bids “have not been compelling.”

“The bids have not been rejected. That’s just wrong, and I hope I can disabuse people of that incorrect notion today," stated Pesce.

The attorney refrained from confirming whether bids mentioned in the leak were accurate or not but said it was “regrettable” as it reduces the flexibility the committee has in the negotiation process.

“Every day, we and the debtors are providing public messages and private messages to potential investors about where they stand in the process,” explained Pesce.

“The messages that we sent them [...] is very planned out and structured so that we can play different parties against each other and make sure we get the last dollar for Celsius account holders because the success of that process will determine recoveries here.”

“It's therefore regrettable that this leak happened.”

“It's particularly unfortunate that this has been monetized by the source of that leak for publicizing her paid-for content page on Patreon,” he said.

Fong has responded to the accusation, arguing the leaked bids were 100% free with “no paywall.”

“The leaked bids are NOT behind a paywall such a strange accusation,” she said.

The bids were always free - I have posts behind a paywall that involve my personal life / love life which are NOT in the public interest to keep them somewhat private. The leaked bids are NOT behind a paywall such a strange accusation @CelsiusUcc

— Tiffany Fong (@TiffanyFong_) January 31, 2023

The crypto blogger released details concerning the five bids on Substack last week, which can still be accessed without payment at the time of writing.

Pesce said they are now investigating how the leak occurred, adding there was “significant concern that a potential investor that was involved in the process may be trying to manipulate it for their own benefit.”

“All that being said, we are working very hard to make sure that we can choose a path as quickly as possible and get this bankruptcy over. We're trying to mitigate the effects of that leak.”

Related: Leaked bids: Binance, Galaxy Digital among secret bidders for Celsius assets

The attorneys for the Celsius Official Committee of Unsecured Creditors (UCC) also added some comments in light of the recent examiner's report on Celsius.

The examiner’s report shows in excruciating detail the improper, self-serving actions that Celsius (and its founders) took at customers’ expense, causing immense hardship to thousands of people. The UCC wants any responsible parties to pay for any bad acts.

— Celsius Official Committee of Unsecured Creditors (@CelsiusUcc) January 31, 2023

“I'll be pretty blunt, you know, what Mr. Mashinsky and many members of his team did was wrong. Mr. Mashinsky lied. They covered up a lot of his lies through editing videos,” said Colodny.

“They put themselves ahead of the company, and they put themselves ahead of the account holders more importantly.”

The UCC lawyers said they will continue to explore a number of options for recovery including reinventing itself as a new, publicly-traded “recovery corporation,” selling off some of its mining equipment, as well as looking into “winding down Celsius or transferring crypto to a third party.”

Tags
Related Posts
Bankruptcy judge orders $44M in crypto to be returned to Celsius customers
A federal judge has ordered crypto lender Celsius to return crypto worth around $44 million to the platform’s custody program customers. According to Bloomberg, the verbal order was delivered by United States Bankruptcy Judge Martin Glenn in a Dec. 7 hearing, with the judge noting: “I want this case to move forward. I want creditors to recover as much as they possibly can as soon as they possibly can.” The amount — which applies only to crypto held within custody accounts — is a tiny fraction of the billions Celsius owes creditors, and the latest decision comes after an agreement …
Business / Dec. 8, 2022
Creditor offers Bitcoin miner Core Scientific $72M to avoid bankruptcy
Financial services platform B. Riley has offered Bitcoin (BTC) miner Core Scientific $72 million in financing to avoid bankruptcy and preserve value for Core Scientific stakeholders. B. Riley, a top lender to Core Scientific with $42 million in loans currently outstanding, outlined the terms of the financing agreement in a Dec. 14 letter noting it's prepared to fund the first $40 million “immediately, with zero contingencies.” The finance platform suggested the remaining $32 million would be conditional on the BTC miner suspending all payments to equipment lenders while Bitcoin prices are below $18,500. The last time the price of Bitcoin …
Bitcoin / Dec. 15, 2022
Judge rules Celsius owns funds in Earn accounts, paving the way for stablecoin sale
Judge Martin Glenn, who is presiding over the Celsius bankruptcy case, ruled on Jan. 4 that the funds in the Celsius interest-bearing Earn program belong to Celsius under the terms of the program’s terms of use. The funds reportedly amount to more than $4 billion. “The issue of ownership of the assets in the Earn Accounts is a contract law issue,” Judge Martin wrote, citing the latest version of the Earn program’s terms of use that stated lending platform Celsius held “all right and title to such Eligible Digital Assets, including ownership rights.” Related: Core Scientific shuts down 37K mining …
Business / Jan. 4, 2023
FTX lawyers: Examiner could cost $100M and ‘provide no benefit’
An investigation into FTX’s collapse by an examiner could cost the firm upwards of $100 million without providing any benefit to creditors or equity holders, argues lawyers representing the bankrupt crypto exchange. The arguments were part of a Jan. 25 objection to a motion from the United States Trustee in December, which called for the judge to appoint an independent examiner to ensure any investigations are transparent and their findings made public. This will be fascinating. 4 Senators submitted a letter asking for an Independent Examiner. Will they do more? Several States have entered the FTX case. Will they lend …
Regulation / Jan. 26, 2023
Celsius publishes list of users eligible to withdraw majority of assets
Bankrupt cryptocurrency lending firm Celsius had come up with a withdrawal process for users who had their crypto in its custody when it stopped withdrawals in June 2022. Celsius released an official update on upcoming withdrawals on Jan. 31, providing the list of users that will be eligible to withdraw approximately 94% of eligible custody assets. The firm laid out the process in a 1,411-page court filing with the United States Bankruptcy Court for the Southern District of New York, listing the full names of all the eligible users alongside the type and amount of debted crypto assets. Celsius stressed …
Bitcoin / Feb. 1, 2023