Chinese creditors challenge FTX's plan to delay $380M in payouts, calling it unfair and legally baseless.
Weiwei Ji files objection, arguing crypto payouts via USD are legal and restrictions wrongly target Chinese passport holders.
A Chinese creditor has objected to an FTX motion that would delay payouts to people in countries with crypto restrictions.
Weiwei Ji, a Singaporean tax resident, has filed an objection in Delaware Bankruptcy Court against FTX’s latest plan, representing over 300 Chinese creditors. He argues that he was unfairly labeled a “Chinese creditor” by FTX based solely on his passport, despite living in Singapore.
USD Payouts Are Legal
The objection notes that FTX is paying in U.S. dollars, which is legal, and crypto payouts are allowed in China as digital assets are treated as personal property.
Ji says that his family has four verified FTX accounts, with claims worth over $15 million. He argues that despite meeting all the requirements, the proposed plans put their payouts at risk in an unfair way.
“We have fully complied with every procedural requirement under the plan. The proposed motion now jeopardizes our right to distribution in an arbitrary and inequitable manner,” he said.
This comes after the FTX Estate, on July 2, asked the U.S. Bankruptcy Court in Delaware to pause payouts to people in 49 countries with unclear or strict crypto laws. Notably, China makes up 82% of the total claims.
Along with China, the list includes countries like Russia, Egypt, Afghanistan, Tunisia, Zimbabwe, Ukraine, and Moldova.
The FTX creditor trust says sending money to these regions could break local laws and lead to legal trouble, putting funds for other creditors at risk. This freeze impacts 5% of all approved claims. To resolve the issue, FTX has asked a U.S. court for permission to hire local lawyers to check if payments can legally go through. Local experts will check if payouts are legally allowed. If not, the claims may be canceled and returned to the trust.
Chinese Creditors Call For Fairness
Ji argued that labeling China as a restricted jurisdiction has no legal basis. He explained that payouts can still happen through Hong Kong and pointed to the Celsius case as an example.
While China bans crypto trading, digital assets are still legal property, and Hong Kong is becoming more crypto-friendly. He also urged the court to reject the proposed restrictions, saying that there is no legal risk in paying Chinese creditors and it’s a part of the bankruptcy process.
Over 500 Chinese creditors are challenging FTX’s request to delay the payout. Individuals object that FTX is breaking earlier promises and unfairly targeting creditors based on nationality. They argue that this is not just about money, but its about fairness, trust, and being treated equally.
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FAQs
FTX, once a major cryptocurrency exchange, collapsed spectacularly in November 2022 and filed for Chapter 11 bankruptcy. This was caused by a spike in customer withdrawals that exposed an $8 billion hole in FTX’s accounts, primarily due to the fraudulent misuse of customer funds by its founder, Sam Bankman-Fried, to cover losses at his affiliated trading firm, Alameda Research.
Approximately $8 billion in customer funds were lost due to the FTX scandal, which was primarily caused by the misuse of customer deposits to cover losses at Alameda Research. This figure was based on the hole found in FTX’s accounts at the time of its collapse.
The FTX collapse was highly significant, described as “one of the biggest financial frauds in American history.” It eroded trust in the crypto sector, led to a surge of skepticism, caused a “ripple effect” impacting other crypto firms like BlockFi, Genesis, and Gemini, and underscored a critical lack of transparency and regulatory oversight in the industry.