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An independent examiner was initially barred from delving into the FTX bankruptcy case. However, the Third Circuit Court of Appeals in Philadelphia has recently overturned this decision, mandating that the defunct crypto exchange undergo an investigation by an external party. This ruling points out that such an inquiry may intensify oversight and inform prospective investors about the inner workings of these types of operations.
The U.S. government has expressed a strong desire for an independent examination of the FTX debacle. When U.S. trustee Andrew Vara, overseeing the case, requested a third-party investigation, Judge John Dorsey rejected the plea. Consequently, the government escalated the matter to the Appellate Court, seeking to reverse this decision. Ultimately, the trustee’s efforts proved successful, achieving the sought-after objective.
The Third Circuit Court of Appeals in Philadelphia, in a verdict announced on Friday, now requires a court-appointed independent examiner to scrutinize the business and bankruptcy issues, ensuring that this party holds no ties with the debtors. The ruling raises concerns about FTX Group’s development of FTT and the manner in which FTX, along with its quantitative trading desk, Alameda Research, escalated the value of the exchange token.
This situation might signal “potential investors to undisclosed credit risks in other cryptocurrency companies,” as detailed in the decision of the Philadelphia Appellate Court.
Vara initially suggested the court-appointed independent examiner a month following FTX’s bankruptcy filing. Yet, John Ray III, the current CEO and restructuring leader of FTX, resisted this proposal. In February 2023, Judge Dorsey aligned with the debtors, rejecting the idea of a third-party examination.
The decision from the Philadelphia court indicates that an investigation conducted solely by the estate and its attorneys falls short of adequacy. This latest directive might hinder the estate’s current reorganization strategy, which intended to compensate customers based on the value of their crypto assets as of Nov. 11, 2022.
What do you think about the judge deciding that an independant examiner is needed for the FTX bankruptcy case? Share your thoughts and opinions about this subject in the comments section below.
