Celsius, the crypto lending platform that filed for bankruptcy in 2022, has initiated the process of allowing withdrawals for a select group of users. The move is a significant turning point in the company’s complex journey through financial difficulties and legal challenges.
According to a recent filing in the United States Bankruptcy Court for the Southern District of New York, participants enrolled in its custody program under “Class 6A General Custody Claims” and “Class 6B Withdrawable Custody Claims” are now eligible to withdraw their funds.
The withdrawal terms are specific: eligible participants can now withdraw 72.5% of their cryptocurrency holdings, albeit with the deduction of transaction fees.
The decision comes with a set deadline for withdrawals, firmly placed on February 28, 2024. It’s noteworthy that customers who opposed the company’s reorganization plan are not included in the withdrawal process. Instead, their assets will be managed by a litigation administrator for six months.
The move marks a significant step for the company and its clients, who have been ensnared in financial instability and legal complexities. After declaring bankruptcy in July 2022, the platform faced numerous obstacles in navigating a path forward.
In March 2023, a ray of hope appeared in the form of a settlement plan. The plan, which received the court’s endorsement, promised deposit account holders that they would receive 72.5% of their funds in two separate installments throughout 2023.
Further developments unfolded in September 2023 when creditors gave their nod to the company’s reorganization plan. The approval paved the way for the distribution of approximately $2 billion in Bitcoin and Ether.
Under the plan, the company’s equity is set to be transferred to a new entity, NewCo, which the Fahrenheit consortium will manage.
Celsius pivots to Bitcoin mining as part of its restructuring plan
In a recent announcement on November 20, 2023, Celsius outlined that the primary business focus of NewCo, as proposed in its restructuring plan, would shift from staking to Bitcoin mining.
The strategic pivot reflects the company’s efforts to reinvent itself in the wake of its financial turmoil. According to the announcement, NewCo will operate a Bitcoin mining facility in Texas, with an initial capacity of 300 megawatts and a potential expansion to 1 gigawatt. The facility will use renewable energy sources and will be one of the largest in North America.
The announcement also stated that NewCo will continue to offer some of Celsius’s existing products and services, such as lending, borrowing, and earning interest on crypto assets.
However, the announcement clarified that NewCo will not be a successor or an affiliate of Celsius and that it will operate under a new brand name and a new management team. The announcement also assured that NewCo will comply with all applicable laws and regulations in the jurisdictions where it operates.
Celsius faces multiple lawsuits from regulators and authorities
Despite these positive developments, Celsius still faces multiple lawsuits from regulators and authorities. The U.S. Securities and Exchange Commission (SEC), the Federal Trade Commission (FTC), and the Commodity Futures Trading Commission (CFTC) have all launched lawsuits against Celsius and its CEO, Alex Mashinsky.
These lawsuits primarily revolve around allegations of deceiving customers, violating securities laws, and operating an unregistered commodity pool.
The lawsuits also highlight the complex regulatory environment in which cryptocurrency entities operate.
Despite these challenges, Celsius managed to reach a significant settlement with the FTC, agreeing to a $4.7 billion settlement.
The settlement resolved the FTC’s charges that Celsius misled customers about the safety and profitability of its products and that it failed to disclose the risks and fees associated with its services.
However, CEO Alex Mashinsky is still slated to face a criminal trial, adding another layer of complexity to the company’s ongoing struggle.
Celsius’s decision not only impacts the directly affected users but also sends ripples through the broader cryptocurrency community, which has been closely observing Celsius’ situation.
The company’s current state and the latest decision are symbolic of the unpredictable and ever-changing landscape of the cryptocurrency industry.
