1/ All causes of action Voyager is entitled to bring will be transferred to the Wind-Down Entity. The Wind-Down Entity will investigate all potential causes of action against third parties and pursue litigation for their roles in Voyager’s demise.
2/ These are known as “estate causes of action.” Only the Wind-Down Entity, not individual creditors, will be able to pursue these claims. Creditors may have direct causes of action that they can bring against third parties.
3/ However, it can be difficult and expensive for individuals to sue third parties for losses. It can also be more efficient for the Wind-Down Entity to bring these causes of action because they may overlap with estate causes of action the Wind-Down Entity is already pursuing.
4/ For example, the estate claims will be pursued against many of the same targets as direct claims. Accordingly, through this mechanism in the voting process, creditors can opt-in to contribute their direct claims to the Wind-Down Entity.
5/ The Wind-Down Entity can use its resources to sue third parties on creditors’ behalf, and all recoveries from those causes of action will be returned to creditors.
6/ For example, imagine that Company A, a billion-dollar company, made a false statement to you that you relied on when you decided to transfer your crypto to Voyager. You (along with other creditors) may have a claim against Company A.
7/ However, it will be expensive for you to bring these claims against Company A (consider the costs of conducting investigations and litigating against a billion-dollar company).
8/ By contributing your direct claim, the Wind-Down Entity will investigate and potentially prosecute these claims on your behalf. Importantly, recoveries from these causes of action will be recovered by the Trust for the benefit of all creditors.
9/ To be clear, the direct claims that creditors can contribute to the Wind-Down Trust are different than their individual claims against Voyager. The direct claims are causes of action against third parties that can be brought through filing lawsuits.
10/ Creditors that contribute their direct claims will still be entitled to distributions, no different than any other creditor.
11/ Creditors that contribute their direct claims will not be contributing claims that they may have in connection with the pending class actions and against directors and officers. Those claims are excluded from the claim contribution mechanism.
12/ Below is a screenshot that provides the complete description of what constitutes a "Contributed Third-Party Claim."
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1/ The 51% estimated recovery is merely for illustrative purposes and uses Dec. 18 spot prices as an example. The estimated recovery by creditors will rise or fall depending on the fair market value of the cryptocurrency held on Voyager’s platform.
2/ Each creditor’s claim amount is equal to the value of such creditor’s claim in US dollars on July 5, 2022, which is the date of Voyager’s bankruptcy filing. To illustrate this point, assume that a creditor held 1 BTC in a Voyager account as of July 5, 2022.
3/ That creditor will have a claim against Voyager in the amount of approximately $20,000 (we are rounding in this example for simplicity). If Voyager’s crypto values were determined as of Dec. 18, the estimated recovery for all creditors (including this customer) would be 51%.
1/ We understand that Voyager’s Plan and Disclosure Statement are cumbersome. We encourage all creditors to review the documents in their entirety. We also wanted to highlight some relevant sections that provide answers to many questions that we are seeing.
2/ Both of these sections are Exhibits to the Disclosure Statement. The Disclosure Statement is available at cases.stretto.com/public/x193/11….
First, Voyager has included the “Liquidation Analysis” as Exhibit B to the Disclosure Statement.
3/ The Liquidation Analysis provides a breakdown of expected customer recoveries in three scenarios: (i) the Binance.US transaction; (ii) the “toggle” self-liquidation scenario; and (iii) a chapter 7 liquidation (based on low and high ranges).
1/ Although Binance.US assured the UCC that the transferred crypto would be protected, given the unexpected collapse of FTX and the general risk of theft and fraud in the cryptocurrency industry, the UCC sought greater protections from https://t.co/5sjac1H4CW.
2/ Pursuant to the Amended Purchase Agreement, after the transaction closes, crypto will move from Voyager to Binance.US on a weekly basis, and the only crypto that will be transferred is crypto that will be immediately distributed to creditor accounts.
3/ In other words, cryptocurrency will not be transferred to Binance.US unless: (1) https://t.co/5sjac1H4CW has the required licenses or authorizations to make distributions in a creditor’s state or territory;