Unchained

Why FTX Might Try to Claw Back Funds From Retail Customers- Ep. 547

Sep 22, 2023
Thomas Braziel, founder of 117 Partners, shares his expertise on the FTX bankruptcy saga. He discusses the intricate legal landscape, including the potential lawsuits against Sam Bankman-Fried's parents and the moral implications of their actions. Braziel delves into how civil cases could escalate to criminal charges, and the challenges facing creditors in the bankruptcy process. The possibility of FTX clawing back funds from retail customers is also explored, revealing the tough road ahead for investors seeking recovery.
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INSIGHT

Retail Clawbacks

  • FTX lawyers consider "retail clawbacks", targeting funds from creditors.
  • This aims to socialize losses and redistribute funds proportionally.
INSIGHT

Clawback Mechanics

  • FTX clawbacks target preferential payments within 90 days of bankruptcy, impacting retail investors.
  • Defenses include "ordinary course" and "new value," but legal action is costly.
ADVICE

Safe Harbor Defense

  • The "safe harbor" defense (546E) prevents clawbacks between financial intermediaries.
  • Arguing this defense is expensive, impacting creditors, but may prevent contagion.
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