Cryptocurrency Q&A Can a cryptocurrency exchange be a debtor under Chapter 11?

Can a cryptocurrency exchange be a debtor under Chapter 11?

Elena Elena Tue Aug 06 2024 | 6 answers 1251
Could you elaborate on the possibility of a cryptocurrency exchange being classified as a debtor under Chapter 11 of the United States Bankruptcy Code? Is there any precedent or case law that supports or contradicts this notion? How would the unique nature of cryptocurrency transactions and assets impact the bankruptcy process if such an exchange were to file for Chapter 11 protection? Additionally, what challenges might arise in valuing and liquidating cryptocurrency assets in a Chapter 11 proceeding? Can a cryptocurrency exchange be a debtor under Chapter 11?

6 answers

mia_anderson_painter mia_anderson_painter Thu Aug 08 2024
The eligibility of cryptocurrency exchanges as debtors under the Bankruptcy Code is a contentious issue. Specifically, the question arises whether a cryptocurrency exchange can meet the criteria outlined in Section 109 of the Bankruptcy Code to be considered a debtor.

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SumoStrength SumoStrength Thu Aug 08 2024
The Bankruptcy Code, specifically Section 109, outlines the requirements for an entity to be eligible for bankruptcy relief. This section is crucial in determining whether a cryptocurrency exchange can file for Chapter 11 or Chapter 7 bankruptcy protection.

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CharmedVoyager CharmedVoyager Thu Aug 08 2024
One of the main concerns regarding the eligibility of cryptocurrency exchanges under Section 109 is the exclusion of certain commodities brokers and banking institutions. This exclusion has led to debates about whether cryptocurrency exchanges should be considered similar to these excluded entities.

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WhisperVoyager WhisperVoyager Wed Aug 07 2024
Proponents of cryptocurrency exchange eligibility argue that they are distinct from commodities brokers and banking institutions. They highlight the unique nature of cryptocurrency exchanges and their role in facilitating the buying and selling of digital assets.

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BonsaiStrength BonsaiStrength Wed Aug 07 2024
However, opponents argue that cryptocurrency exchanges share similarities with commodities brokers and banking institutions, particularly in terms of their involvement in financial transactions and the risks associated with their operations.

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