Celsius has submitted a motion requesting that a portion of the total $225 million that is being detained in the “Custody Program and Withhold Accounts” be returned to the owners for $50 million.
The financially troubled cryptocurrency lender Celsius Network has only yesterday submitted a move to the United States Bankruptcy Court requesting permission to enable consumers to withdraw digital assets that are currently stored in specific accounts. However, there is a catch: the motion will only apply to Custody and Withold Accounts, and only for assets that are being held in custody that are valued at $7,575 or less.
The motion that will be applied
Custody and Withhold Accounts, which operate as storage wallets, have been designed by Celsius in such a manner that users are still able to legally claim ownership of bitcoin stored in such accounts. This ownership does not, however, extend to assets that are stored in accounts that provide yearly crypto earnings or lending services (Earn and Borrow accounts).
A variety of reactions have been received from members of the community in response to the motion. Some creditors are pleased that Celsius Network has acknowledged that the monies held in its “Custody Program and Withhold Accounts likely do represent the property of their estates.”
However, according to a tweet that was posted by the CEO of BnkToTheFuture.com, Simon Dixon, the community feels that the amount Celsius intends to release is a far smaller amount than what is fair.
Why is the motion being set?
As Dixon points out, just $50 million of the $210 million held by 58,300 customers in custody accounts is due to be released. Furthermore, the released sum will not include any monies beyond $7,575 that were moved from the Earn Program and the Borrow Program into Custody and Withhold accounts.
Celsius is unable to avoid transferring sums to creditors that are less than the “statutory cap” of $7,575, as specified under section 547(c)(9) of the Bankruptcy Code. This provision means that Celsius must comply with requests from creditors to transfer amounts that are less than $7,575.
In addition, the statement states that as of Monday, about 5,000 clients retained a total of $15.33 million in their Withhold Accounts.
The attorneys for Celsius have made a distinction between “Pure Custody/Withhold Assets” and “Transferred Custody/Withhold Assets” in order to arrive at the $50 million figure. “Pure” assets are assets that have not been transferred from the Earn or Borrow Programs, and “Transferred” assets are assets that have been transferred. The distribution of this cash has not been warmly accepted by the residents of the community.
In reaction to a tweet that Celsius sent on Friday on Twitter, a large number of members of the community have made it clear that they demand nothing less than the return of all of their monies. According to Celsius, assets that are secured under the Earn and Borrow Programs are most likely part of their estates. Transferring these assets to Custody or Withholding accounts is referred to as “a transfer of the Debtors’ property to customers,” and Celsius maintains that this is the case.
Final Thoughts
The motion was filed just one day after an ad hoc group of sixty-four holders of custodial accounts filed a complaint alleging that the terms of use for the accounts state that title to custody assets “always remains with the user.”
The group is attempting to recover assets valued at more than twenty-two and a half million dollars. The motion is going to be heard on October 6, and in the meanwhile, users’ assets have been kept hostage on the platform for more than two months. The hearing is slated to take place on October 6.
