What Happens If a Cryptocurrency Exchange Files for Bankruptcy? - 0 views
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John Kiff on 06 Feb 22Georgetown University's Adam Levitin examines the lack of bankruptcy protection for people who entrust their assets to U.S.-based crypto-asset exchanges. He makes a case that legally, crypto-assets "deposited" with exchanges, are actually sales with the "possessory interest" going to the exchange. If the exchange goes bust, a "bankruptcy estate" is created, and those coins become its property, as do any coins that have been staked (placed in escrow) via the exchange. Secured creditors get first dibs on whatever is in the estate, so unsecured creditors (i.e., crypto "depositors") might get nothing. And any assets remaining for distribution to unsecured creditors may be frozen for years, and their values based on their value when the exchange tanked. Plus, the bankrupt exchange can legally claw back many of the withdrawals its depositors made over the 90 days before the bankruptcy.