Celsius Network, a decentralized finance protocol, offers crypto loans and mining. Unlike traditional lending platforms, it doesn't take any commission on withdrawals or deposits.
Users can get approved for loans quickly, or they can pledge their cryptocurrency as collateral and earn interest.
Asset Manager NovaWulf Digital Management
What Motivates Celsius Network's Search for a New Buyer Despite an Existing Offer?
On Wednesday, cryptocurrency lender Celsius Network revealed that it has chosen NovaWulf Digital Management as its Asset Manager sponsor for its proposed Chapter 11 restructuring plan. Under this arrangement, the investment advisory firm would assume operations of a new company and most customers are expected to recover up to 70% of their funds.
Under the proposal, Celsius creditors with claims below $5,000 related to Earn Accounts that rewarded users with interest on crypto will be placed into a "Convenience Class." They will receive an one-time distribution of liquid crypto including Bitcoin (BTC), Ethereum (ETH), and stablecoin USDC. Creditors owed more than $5,000 may reduce their claim down to that same amount in order to participate.
According to court documents, Celsius' creditors in the Convenience Class can also acquire ownership of NewCo through equity and management share tokens that pay dividends to holders. This arrangement will enable Celsius' bitcoin mining and loan businesses to continue operations as usual.
The newly organized company will be managed by Asset Manager NovaWulf, an SEC-registered investment advisor that employs operational expertise to make sound investments. Their aim is to become the leading investment firm within digital asset class and related infrastructure.
In addition to the reorganized company, creditors will receive shares in a financially sound litigation trust that will pursue legal action against officials at Celsius, including former CEO Alex Mashinsky. This guarantees that Celsius cannot hide assets nor will it ever relocate or shut down its businesses again.
This strategy could allow a bankruptcy judge to extend the implementation date for their deal. Bankruptcy judge Martin Glenn recently agreed to grant Celsius an extension of three weeks for submission of their restructuring plan.
Koenig informed reporters that his company remains open to better offers from outside parties. He noted that two days ago, they met with a potential buyer to review an alternate proposal.
The proposed solution includes distributing liquid crypto to all Celsius creditors and offering them common equity in a new company run by experienced asset managers. It will also create a litigation trust, giving creditors shares in an entity holding Celsius' illiquid assets like mining, which will avoid debtors bearing the cost of liquidating those assets and winding down the business.
On February 15th, the United States Bankruptcy Court for the Southern District of New York is expected to approve this plan as part of a filing from the Official Committee of Unsecured Creditors.
Creditors’ Committee
Celsius Network, a crypto lender, is seeking to emerge from bankruptcy despite an offer it already received from asset manager NovaWulf Digital Management. The New Jersey-based firm offered to pay a breakup fee of $20 million if Celsius chooses an alternate bidder instead.
Though the exact details of this proposed deal remain confidential, the company is reportedly working on plans to return customers' deposited cryptocurrency and other assets. Furthermore, it will create a well-funded litigation trust that will enable creditors to pursue claims against company executives.
The Creditors' Committee has the power to decide whether a bankrupt company should be liquidated immediately or pursue more strategic solutions. As representatives of debtors' unsecured creditors, they may negotiate with other groups in order to reach an agreement that benefits all parties involved.
In addition to negotiations with creditors, the Creditors' Committee may seek advice from experts and professional service providers. This could include accountants, lawyers, appraisers or other specialists who help the Committee gain a better insight into a business's financial condition.
One of the key responsibilities of a Creditors' Committee is to safeguard and preserve creditors' rights during the reorganization process. To do this, an in-depth understanding of the underlying problems must be conducted.
Furthermore, a Creditors' Committee must approve the plan of reorganization they propose in order for it to become final and take effect. A successful reorganization can open up new business opportunities for both the debtor and its creditors.
Additionally, collection work can improve the reputation of both the debtor and firm representing them. Doing so increases their likelihood of receiving future work from clients.
The Committee is responsible for crafting a reorganization plan, engaging with creditors and the debtor, then submitting this to the bankruptcy court. They have the authority to suggest various strategies such as debt-for-equity swaps, company sales or management changes that would improve conditions for all parties involved.
However, the Creditors' Committee cannot endorse any plan of reorganization that does not receive approval from the United States trustee. Once appointed, a Creditors' Committee member serves as fiduciary to creditors within their group and must act with integrity to avoid conflicts of interest and make decisions that benefit all creditors involved.
It can be challenging to understand the inner workings of various groups in an industry-specific context, so Creditors' Committees often partner with firms that specialize in this niche of business. These specialists bring a valuable perspective to the reorganization process and are better able to anticipate potential issues that could arise.
Koenig
What Motivates Celsius Network's Search for a New Buyer, Despite an Existing Offer?
At a recent court hearing, attorney Chris Koenig informed Reuters that bankrupt crypto lender is still searching for a buyer. According to him, the Unsecured Creditors Committee (UCC) met with another bidder just days ago to review an alternative proposal.
One of the primary reasons Celsius is searching for a buyer is its liquidity crisis. With cryptocurrency prices plummeting, customers have been withdrawing large sums of money to other exchanges, leading to an absence of stETH - the coin used to value its assets - which makes it impossible for Celsius to access these funds.
This current ETH liquidity crisis has sparked a number of questions among depositors. Some are wondering whether they have been locked out by Celsius; others express worry about the possible effect a bankruptcy would have on their crypto investments.
Concerned about the possible effects of Chapter 11 bankruptcy on their cryptocurrency holdings, it's essential to know your rights as account holders. Depending on the country's laws, investors may be able to sell or retrieve their digital assets after filing for bankruptcy.
However, it's essential to realize that bankruptcy will negatively impact the security of your deposited cryptocurrencies. Unfortunately, there is little legal guidance on this matter so consulting with an attorney is recommended in order to determine what legal rights you as an investor in a cryptocurrency have.
Avoiding this issue requires that your crypto holdings are accurately valued. This can be accomplished through technical analysis and expert advice from an independent valuation firm.
It is highly recommended that you read Celsius' terms and conditions carefully in order to prevent any hidden fees that could deplete your profits. This is especially pertinent if you plan on opening an account with them.
Finally, be sure to read the Loan-to-Value clause in their Terms and Conditions carefully. This will give you insight into how much your cryptos are worth relative to the loan amount, so you can determine when Celsius might need additional collateral and whether submitting more assets would help keep the balance on your loan manageable.
On Celsius, 1% loans are offered at 25% LTV - this means for every $1000 borrowed they require $4000 of collateral as security. This eliminates any risk of default on the loan and allows them to lend out the rest with interest earning potential of 41-81% APY. It's an excellent way for crypto holders to generate some extra income.
The above references an opinion and is for information purposes only. It is not intended to be investment advice. Seek a duly licensed professional for investment advice.