A growing group of non-U.S. customers of FTX.com, which currently counts up to around $1.6 billion in lost funds, has lawyered up and is looking to create an official customer committee in order to protect their rights of ownership over their assets on the exchange.
The non-U.S. FTX customers, led by Eversheds Sutherland attorneys Sarah Paul and Erin Broderick, had already formed the first FTX ad hoc group, and as an official committee, would be granted additional consultation and approval rights within the Chapter 11 case, including being entitled to payment of professional fees by the bankruptcy estates.
Establishing this would mean the money from these customer accounts should not be distributed to all creditors, as per the U.S. Bankruptcy Code, but rather belong to the account-holding customers, explained Broderick, a cross-border restructuring attorney with experience in crypto bankruptcy cases, including failed exchange Mt. Gox.
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