Voyager victim calls for trustee to seize control of the estate
A Voyager creditor and finance lawyer needs to see a Chapter 11 trustee appointed in crypto brokerage Voyager Digital’s chapter trial, which might see Voyager lose management of its property.
In a Feb. 1 movement, Voyager creditor Michelle DiVita accused Voyager of getting a “historical past of monetary assertion inaccuracies and public misrepresentations that have been recognized, or fairly discoverable, firstly of the chapter continuing.“
As a consequence of this pre-bankruptcy conduct, DiVita believes that an examiner or trustee ought to have been requested and is now doing so herself.
The submitting alleges that Voyager “hid the true nature of its lending actions by publishing monetary stories that materially understated its mortgage positions by greater than $1 billion.”
@investvoyager loans disclosed on March 31 monetary report: $2.2B.
Precise loans on April 3: $3.1B
$1.1B hid in a single enterprise day.
Releases are unconscionable @VoyagerUCC @DOJCrimDiv #VGX pic.twitter.com/dP8g9yvY48
— Michelle DiVita (@ChelleDiVita) January 13, 2023
Shigo Lavine, a former director and chief funding officer for Voyager, highlighted a number of the key accusations made within the submitting in a prolonged Feb. 1 Twitter thread.
For instance, Voyager allegedly underreported a mortgage to crypto hedge fund Three Arrows Capital by $609 million and undervalued Bitcoin (BTC) in its monetary stories by 546% to downplay the scale of its loans.
The Debtor supplied assurances with reference to its skill to lift capital and meet liquidity necessities.
This led many (together with myself) to incorrectly conclude that Voyager would have the ability to survive this regardless of 3AC going below pic.twitter.com/jjnloWDG7A
— Shingo Lavine (@shingolavine) February 1, 2023
In line with the submitting, crypto alternate Coinbase additionally caught wind of Voyager’s “monetary reporting inconsistencies” and had reportedly backed out of a possible deal to amass the property of Voyager after discovering “the financials don’t add up.”
The chapter proceedings already contain a United States rustee, who’s required to carry a movement to nominate a Chapter 11 trustee when there are “cheap grounds to suspect” that the debtor “participated in precise fraud, dishonesty or legal conduct.”
Whereas the U.S. trustee appoints a collectors committee and opinions purposes for the recompensation of pros amongst different duties, they might additionally rent a chapter trustee to handle the debtor’s affairs if the debtors aren’t allowed to take action themselves.
Cointelegraph has contacted Voyager for a response to the allegations and the movement however didn’t obtain an instantaneous response.
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In different information, each Voyager and its collectors have pushed again at an try by bankrupt buying and selling agency Alameda Analysis to claw again $446 million in mortgage repayments.
After commencing Chapter 11 proceedings on July 5, Voyager demanded the reimbursement of all its excellent loans to Alameda which was repaid in full.
Nevertheless, Alameda sought to recuperate the funds in a Jan. 30 courtroom submitting, arguing that as a result of they repaid the loans inside 90 days of submitting for Chapter 11 chapter, they may “claw again” these funds for the good thing about Alameda collectors.
Voyager says that its collectors have suffered “substantial hurt” because of Alameda making a bid for Voyager’s property that it couldn’t honor, costing them over $100 million. Voyager argues that this makes Alameda’s declare subordinate to these of its different collectors.
