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TEXXR

Chronicles

The story behind the story

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A US judge rules that the crypto deposits in bankrupt crypto lender Celsius Network's yield-bearing accounts belong to Celsius and not the individual holders

Celsius Network's bankruptcy might have just set a precedent in determining what crypto assets belong to whom when stored on a centralized platform.

Axios Crystal Kim

Context & Ripple Effects

The ruling splits Celsius depositors along a line the court drew a month earlier: the judge ordered the estate to return crypto in non-interest-bearing custody accounts to their holders, but now finds that crypto deposited in yield-bearing accounts belongs to Celsius itself. The distinction matters because it converts yield-account users from owners of specific coins into unsecured creditors of the estate.

That creditor status is what the subsequent arc runs on — the settlement letting custody holders opt in to 72.5% of their crypto was negotiated for the account class the court treated as owners, while yield-account holders ride whatever the estate can distribute, including the court-approved conversion of non-BTC and non-ETH tokens into Bitcoin and Ethereum.

First-order effects

  • Yield-account holders lose direct title to their deposits and become unsecured creditors, recovering pro-rata from Celsius's estate instead of getting their own coins back.
  • Celsius's estate gains control over those assets, giving it the pool it later uses to fund distributions and the proposed relaunch.

Second-order effects

  • Altcoin holders in yield accounts face forced conversion risk: under the court's later order the estate may sell non-BTC and non-ETH tokens into Bitcoin and Ethereum, so their recovery is repriced in BTC/ETH terms regardless of what they deposited.
  • Other centralized lenders and exchanges face pressure to rewrite account terms and segregate yield products, since the same contract language that doomed Celsius depositors can be invoked against their users in any future insolvency.

Third-order effects

  • If courts keep treating yield-bearing deposits as estate property, the structural consequence is a migration toward self-custody or clearly ring-fenced custody accounts, and a two-tier platform model where 'your keys' language becomes the deciding factor in bankruptcy outcomes.
  • The ruling also hardens the regulatory picture for yield products: lending out deposits creates a debtor-creditor relationship, which is the same characterization securities and banking regulators use when policing those products.

The trend: Bankruptcy courts are converting centralized crypto yield products into ordinary unsecured credit, and each ruling pushes depositors toward self-custody and platforms toward explicit custody segregation.

Discussion

  • @kadhim @kadhim on x
    Significant moment in the Celsius bankruptcy as Judge Martin Glenn rules that $4.2bn of crypto deposited by customers to earn interest belongs to the estate, not the users: https://cases.stretto.com/... https://twitter.com/...
  • @fuserleer @fuserleer on x
    This sucks but not a surprise! 😤 Judges enforcing “not your keys not your coins” should be a wake up call to all. Only keep on exchanges what you can afford to lose. If you're making big trades, get in, trade, get out! 😒 https://twitter.com/...
  • @piersridyard @piersridyard on x
    We need DeFi. Even if the Celsius T&Cs didn't say this, the customer deposits would still probably be ranked with unsecured creditors (meaning cents on the dollar). Because tokens are property, the court will not obligated the return tokens, but dollar denominated damages. https:…
  • @proofofpenguin @proofofpenguin on x
    Not looking good for @CelsiusNetwork claimants, bankruptcy court judge says all your coins (in Earn accounts) are belong to them https://www.coindesk.com/... https://cases.stretto.com/... https://twitter.com/...
  • @carnage4life Dare Obasanjo on x
    “Not your keys, not your coins” now has legal precedent. The judge in Celsius' bankruptcy hearing ruled that the deposits in yield-bearing Earn accounts belong to Celsius, not the individual holders of those accounts. Won't this cause a run on exchanges? https://www.axios.com/...
  • @rob_tarzwell Dr. Rob on x
    Folks, there has never been a louder signal than this to get your money the heck out of crypto exchanges while you still can. https://twitter.com/...
  • @kkirkbos Katherine Kirkpatrick on x
    SDNY bankruptcy ct ruling today in Celsius - “the Court concludes, based on Celsius's unambiguous Terms of Use, & subject to any reserved defenses, that when the cryptocurrency assets...were deposited in Earn Accounts, the cryptocurrency assets became Celsius's property... 1/2
  • @smtuffy Sean Tuffy on x
    Life ain't easy for unsecured creditors https://t.co/1bCam3BxaN
  • @jacqmelinek Jacquelyn Melinek on x
    .@CelsiusNetwork had ~600K accounts in its Earn program. The accounts held a total value of $4.2B as of July 10, 2022. About $23M of that consisted of stablecoins. But all of that is now Celsius' property, a bankruptcy judge ruled. https://techcrunch.com/...
  • @_fleerultra Michael on x
    this is like the opposite of being FDIC insured. guarantee to lose your deposits in a bankruptcy. dying, just absolutely insane https://twitter.com/...
  • @axios @axios on x
    Celsius Network's bankruptcy might have just set a precedent in determining what crypto assets belong to whom when stored on a centralized platform. https://www.axios.com/...
  • @mike_taylor1972 Michael Taylor on x
    The fine print matters: https://twitter.com/... https://twitter.com/...
  • @slbsn @slbsn on x
    If you play crytpo, take the time to understand what this means/don't play crypto https://twitter.com/...
  • @courtneymilan @courtneymilan on x
    WHOA. That's Very bad. https://twitter.com/...
  • @adamscochran Adam Cochran on x
    Ooof that is a horrible precedent. Not your keys, not your coins! https://twitter.com/...
  • @czdaomaker Chris Zaknun on x
    @kadhim TL;DR Judge: Not your keys, not your coins
  • @smtuffy Sean Tuffy on x
    FTX investors, I've seen your future and it's bad https://twitter.com/...
  • @tphillips Todd Phillips on x
    Celsius was a bank. Taking ownership of assets to re-lend them out to borrowers is what banks do. The fact that Celsius and similar companies were permitted to operate without capital, liquidity, and other requirements is a huge failure of public policy. https://twitter.com/...
  • @apeapebaby @apeapebaby on x
    Not your keys. Not your coins. Read the fine print. https://www.axios.com/...
  • @adanthar @adanthar on x
    This (legally correct) decision moves the avg Celsius recovery from 100c on the dollar to like below 50c or whatever. RIP https://twitter.com/...
  • @frances_coppola Frances ‘Cassandra’ Coppola on x
    @DanielFCelsius @kadhim it is actually what Celsius's ToS say, hard to disagree with that really.
  • @autismcapital @autismcapital on x
    “Not your keys. Not your crypto.” This point really *really* needs to be internalized. Self custody everyone. https://twitter.com/...
  • @edzitron Ed Zitron on x
    This is what everybody who put money in Gemini Earn has to look forward to https://twitter.com/...