Court Orders FTX Independent Examiner
The Breakdown
Blockworks
4.8 • 806 Ratings
🗓️ 23 January 2024
⏱️ 16 minutes
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| 0:00.0 | Welcome back to The Breakdown with me, NLW. |
| 0:09.3 | It's a daily podcast on macro, Bitcoin, and the Big Picture Power Shifts remaking our world. |
| 0:18.6 | What's going on, guys? It is Monday, January 22nd, and today we're getting an update in the FTX bankruptcy case. |
| 0:26.9 | Before we get into that, however, if you are enjoying the breakdown, please go subscribe to it, give it a rating, give it a review, or if you want to dive deeper into the conversation, come join us on the Breakers Discord. |
| 0:36.1 | You can find a link at the show notes or go to |
| 0:37.6 | bit.ly slash breakdown pod. All right, friends, welcome back to the breakdown. We have been |
| 0:43.9 | blissfully free, I have to say, of FTX Anything since the end of the Sam Bankman-Fried trial, |
| 0:49.4 | but we did get a meaningful update that we need to go over, an independent examiner will be assigned to the |
| 0:56.6 | FTX bankruptcy case after a successful appeal. So, last February, when the process was still in |
| 1:02.7 | its early stages, the bankruptcy court rejected the need for an independent examiner. They cited |
| 1:07.7 | additional costs and duplication of work already being done by the incoming executive |
| 1:11.7 | team to investigate the FTX collapse. At the time, the judge said, I have no doubt that the |
| 1:16.7 | appointment of an examiner would not be in the best interest of the creditors. Every dollar spent |
| 1:21.0 | in these cases on administrative expenses is $1 less to the creditors. Indeed, the unsecured |
| 1:26.0 | creditors committee had opposed the appointment |
| 1:27.8 | of an independent examiner, satisfied that an investigation led by new CEO John J. Ray the 3rd |
| 1:32.7 | would be sufficiently independent. The decision was viewed by many as strange at the time, |
| 1:37.5 | as there is a presumption in favor of appointing an independent examiner in all bankruptcies |
| 1:41.1 | larger than $5 million. Well, on Friday, the appellate court reversed |
| 1:44.9 | this decision. Judges said this would provide greater transparency to creditors and that an |
| 1:49.2 | independent report would allow the bankruptcy court to, quote, consider the greater public |
| 1:52.8 | interest in its rulings. The ruling focused on the issuance of FTT tokens and suggested |
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