Crypto Lender Genesis Prepares to Liquidate Without Deal With Parent Company
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Crypto Lender Genesis Prepares to Liquidate Without Deal With Parent Company

The move comes after New York’s attorney general filed a lawsuit against Genesis and parent Digital Currency Group

By Akiko Matsuda
Thu, Oct 26, 2023 11:05amGrey Clock 2 min

Crypto lender Genesis Global is pursuing a chapter 11 liquidation plan that abandons a previous settlement proposal to restructure the $1.7 billion in loans it extended to its parent company Digital Currency Group.

Genesis filed court papers Wednesday for a plan to exit from chapter 11 without a resolution of its claims against DCG, the crypto conglomerate founded by finance veteran Barry Silbert. Genesis is now preparing to liquidate its assets without the settlement proposal reached in August that intended to deliver estimated recoveries of between 70% to 90% for Genesis customers, including users of crypto exchange Gemini Trust’s Earn program.

The settlement proposal didn’t get the support of key stakeholders, notably Gemini and its founders, the Winklevoss brothers, and the parties had been in continuing negotiations. Ultimately, Genesis was unable to reach an agreement with DCG on final debt terms, Genesis said in filings with the U.S. Bankruptcy Court in New York.

And last week, New York Attorney General Letitia James filed a lawsuit against Gemini Trust, Genesis and DCG for allegedly defrauding more than 230,000 investors of more than $1 billion. In light of the lawsuit, Genesis and the official committee representing its customers determined that a settlement with DCG isn’t a viable route, Genesis said in the filings.

A Genesis spokesperson said the lawsuit’s claims against the company have no basis, and it has been cooperating with all authorities.

A DCG spokesperson last week said the firm was blindsided by the lawsuit because it cooperated with the attorney general’s investigation. Gemini last week said it disagreed with being named in the lawsuit because the company and its Earn program investors are victims of fraud.

The attorney general’s lawsuit alleges that Gemini misled investors in the Earn program by failing to disclose its risks despite knowing that Genesis’s cryptocurrency loans were undercollateralized and heavily concentrated.

Under the new plan, Genesis customers can expect estimated recoveries of between 61% to 77%, pending court approval. Genesis filed for bankruptcy in January in the wake of the collapse of crypto exchange FTX.

The customers’ estimated recoveries under the new plan is smaller compared with a settlement with DCG that would have delivered more value upfront. Now, customers would have to wait for the outcome of litigation against DCG seeking to collect on its outstanding loans from Genesis.

A DCG spokesperson said in an email that the company remains committed to reaching a fair resolution for all parties, and that a resolution through litigation would result in far lesser recoveries for creditors. The spokesperson also said the company is “fully prepared to defend and win.”

The prior settlement was meant to restructure DCG’s debts to Genesis, including about $630 million in a past-due unsecured loan, and a $1.1 billion unsecured promissory note due in 2032.



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Australian shares fell on Thursday as Wall Street weakness, rising oil and persistent rate concerns weighed on most of the market. The S&P/ASX 200 declined 0.72 per cent to 8,702. The All Ordinaries lost 0.66 per cent to finish at 8,897. Mining stocks were hit particularly hard, while real estate also dragged on the index. …

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Australian shares fell on Thursday as Wall Street weakness, rising oil and persistent rate concerns weighed on most of the market.

The S&P/ASX 200 declined 0.72 per cent to 8,702. The All Ordinaries lost 0.66 per cent to finish at 8,897. Mining stocks were hit particularly hard, while real estate also dragged on the index.

Energy was the notable exception, gaining more than one per cent as Brent crude traded above US$103 a barrel. Oil had moved higher amid uncertainty surrounding potential US diesel-export restrictions and broader geopolitical supply risks. The move supported energy producers but renewed concern about inflation inputs across transport and the wider economy.

Gold shares were weak even as spot bullion remained historically elevated. The All Ordinaries Gold index fell about 2.25 per cent, showing that equity performance can diverge from the commodity because of valuation, currency, operating and company-specific factors.

Zip was a prominent loser, falling 11.38 per cent after the company reported short sales after the previous close. Nine Entertainment also weakened after UBS analysts warned of near-term revenue challenges associated with its advertising-supported subscription tier.

Premier Investments led larger winners despite caution about the retail environment. Breville, in which Premier owns a significant stake, also appeared among leading movers. In the broader ASX 300 screen, Myer gained 11.43 per cent and MAAS Group rose 7.93 per cent, while Lotus Resources fell 10.53 per cent. These percentage moves should be checked against company announcements and trading liquidity before attributing causes.

The Australian dollar was broadly flat at US70.38 cents. Spot gold was around US$4,280 an ounce, Brent crude approximately US$103.08 a barrel and iron ore near US$96.90 a tonne late in the session.

The rate outlook remains the central domestic catalyst. Labour-market weakness has not eliminated the possibility of an RBA increase next week, leaving banks, listed property and other rate-sensitive sectors exposed to changing expectations.

Market dashboard

S&P/ASX 200: 8,702, down 0.72 per cent.

All Ordinaries: 8,897, down 0.66 per cent.

Best sector: Energy, up more than one per cent.

Weakest areas: Real estate and materials were the major drags; confirm final sector percentages before publication.

Material winner: Premier Investments led the large-company gainers. Confirm its final closing move from the ASX before publication.

Material loser: Zip, down 11.38 per cent.

ASX 300 percentage leader: Myer, up 11.43 per cent.

ASX 300 percentage laggard: Zip, down 11.38 per cent.

AUD/USD: Approximately US$0.7038, broadly flat.

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