NOTICE TO ALL FTX CUSTOMERS: SEPTEMBER 29, 2023 IS THE DEADLINE TO FILE PROOFS OF CLAIM ON ACCOUNT OF CUSTOMER CLAIMS AGAINST THE FTX DEBTORS.
On June 28, 2023, the United States Bankruptcy Court for the District of Delaware (the “Court”) entered an order [D.I. 1793] (the “Bar Date Order”) in the chapter 11 cases (the “Chapter 11 Cases”) of FTX Trading Ltd. and certain of its affiliated debtors and debtors-in-possession (collectively, the “Debtors”) establishing September 29, 2023 at 4:00 p.m., Eastern Time as the deadline for each person or entity (including individuals, partnerships, corporations, joint ventures and trusts) holding a Customer Claim (as defined below) to file a proof of claim in these Chapter 11 Cases (the “Customer Bar Date”). All proofs of claim must be filed so as to be actually received on or before the applicable Customer Bar Date.
Please find below a link to the following important notice filed in the bankruptcy proceedings of FTX Trading Ltd., et al., Case No. 22-11068, United States Bankruptcy Court for the District of Delaware:
This email contains important instructions for submitting customer proofs of claim and we encourage you to read it in its entirety. Below are a few important things to highlight about this email and the notice you are receiving herein:
You are encouraged to submit proof of claim forms electronically using the Customer Claims Portal that has been established at https://claims.ftx.com/.
Receiving this notice does not mean that you have a claim or that the FTX Debtors believes that you have a claim – all FTX customers with emails on file are receiving this notice.
Additionally, not all customers need to file claims. The below notice describes which customers should file claims.
Please click here https://claims.ftx.com/ to access the Customer Claims Portal, where you may view your account balance and transaction history, submit Know Your Customer (KYC) information and electronically file a proof of claim via an online claims platform.
If you are unable to login to the Customer Claims Portal, please contact support (available via the Customer Claims Portal) to recover your account login. Otherwise, please click here https://ftx-forms.ra.kroll.com/efiling/fr/410/customer-claim-form/new to submit a claim without (i) viewing your account balance, and (ii) submitting KYC information.
On June 27, 2023, the Debtors amended their schedules and statements (the “Amended Schedules”). The Amended Schedules can be viewed here https://restructuring.ra.kroll.com/ftx/Home-DocketInfo?DocAttribute=4543&DocAttrName=SCHEDULESSOFA_Q&MenuID=9954&AttributeName=Schedules%20%26%20SOFA. Customers should refer to their previously received Customer Code to view their scheduled amounts in the Amended Schedules. If you believe you should be identified as a customer owed amounts by FTX but did not receive a Customer Code via email on or about March 31, please visit https://restructuring.ra.kroll.com/FTX/EPOC-Index for information on how to submit a proof of claim.
Customer Claim means any claim (as defined in section 101(5) of the Bankruptcy Code) of any kind or nature whatsoever (whether arising in law or equity, contract or tort, under the Bankruptcy Code, federal or state law, rule or regulation, common law or otherwise) held by any person (as defined in section 101(41) of the Bankruptcy Code) or entity (as defined in section 101(15) of the Bankruptcy Code) against any of the Debtors, in each case, arising out of or related to (a) any cash, cryptocurrency, digital assets or other assets held by such person or entity in an account on any FTX Exchange as of the Petition Date (the “Customer Entitlement Claim”) or (b) any other investment or trading activities on any FTX Exchange (“Other Activity Claim”). “FTX Exchange” means FTX.com, FTX.US, FTX Trading Ltd. (d/b/a “FTX”), West Realm Shires Services Inc. (d/b/a “FTX US”), FTX EU Ltd. (f/k/a K-DNA Financial Services Ltd., d/b/a “FTX EU”), Quoine Pte Ltd. (d/b/a “Liquid Global”), and FTX Japan or Liquid platforms operated by FTX Japan K.K. (“FTX Japan”) or any other exchange or trading platform operated by any Debtor.
Customer Claims shall not include any claims of customers of FTX Japan’s two platforms, FTX Japan or Liquid (collectively, the “FTX Japan Platforms”), for cash, cryptocurrency, digital assets or other assets held by such customers in an account on the FTX Japan Platforms as of the Petition Date for which such person or entity has withdrawn, or otherwise received, such cash, cryptocurrency, digital assets or other assets postpetition.
Customer Claims shall also not include any claims of customers of FTX EU Ltd. (f/k/a K-DNA Financial Services Ltd., d/b/a “FTX EU”) (“FTX EU”) for FTX EU Customer Cash (as defined below) held in FTX EU Client Accounts (as defined below) for which such customer has withdrawn, or otherwise received, such cash, cryptocurrency, digital assets or other assets postpetition, but shall include any claims by customers of FTX EU for cash, cryptocurrency, digital assets or other assets that are not FTX EU Customer Cash and were not withdrawn or received by such customer postpetition, including any claims of such customer for any other investment or trading activities on any other FTX Exchange. FTX EU maintained segregated client fiat accounts with certain third party financial institutions (the “FTX EU Client Accounts”), which contained certain client cash (the “FTX EU Customer Cash”).
As noted above, there are two types of claims: (i) Customer Entitlement Claims and (ii) Other Activity Claims. Customer Entitlement Claims may be asserted against one or more of the FTX Exchanges; however, in the event that a holder has unique Customer Entitlement Claims against multiple FTX Exchanges, a separate proof of claim must be filed against each FTX Exchange. Once the holder of a Customer Claim either (x) files a proof of claim for a Customer Entitlement against any FTX Exchange or (y) has a Customer Entitlement Claim that is scheduled against any Debtor and does not separately file a proof of claim with respect to such Customer Entitlement Claim, an identical Customer Entitlement Claim shall be deemed to have been filed in the same amount against all other Debtors. Accordingly, claimants do not need to file separate proofs of claim against each Debtor on account of such Customer Entitlement Claim. For the avoidance of doubt: (i) Customer Entitlement Claims shall only include claims against the Debtors and not against any non-Debtors, such as Samuel Benjamin Bankman-Fried, Gary Wang, Nishad Singh and Caroline Ellison, (ii) unique Customer Entitlement Claims against multiple FTX Exchanges must be filed against each FTX Exchange and (iii) for any Other Activity Claim asserted against multiple Debtors, each such claim must be asserted against each applicable Debtor.
If you believe you are the holder of a Customer Claim, please visit https://claims.ftx.com/ and follow the steps described the portal. Customer Claims of (i) a holder with net positive balance as of the Petition Date, who agrees with the amounts or quantities set forth on the Debtors’ Schedules, does not submit a proof of claim and does not submit the requested KYC information and (ii) a holder who submits a proof of claim but does not submit the requested KYC information, in each case by the Customer Bar Date, shall not be deemed disallowed, but shall be deemed “unverified.” With respect to all such unverified Customer Claims, the Debtors may, in their sole discretion after consultation with the Committee, either (i) allow such claims without the requested KYC information or (ii) object to the allowance of such Customer Claims’ proofs of claim and scheduled claims on an omnibus basis, on notice to all such holders, including, among other bases, of insufficient documentation, and request that such holders submit the requested KYC information. In the event of such objection, such holders of Customer Claims will have the opportunity to submit the requested KYC information to the Debtors to resolve the objection on such claim relating to the requested KYC information. All parties’ rights are fully reserved with respect to such objection.
You are encouraged to submit your proof of claim form electronically through the Customer Claims Portal. However, you are permitted to submit proofs of claim by hand delivery or by mail to the applicable address listed below. If you do intend to file a physical proof of claim, please refer to the link at the top of this email. It contains important information on how to file a physical proof of claim. Proofs of claim will not be accepted via email.
If by first class mail: FTX Trading Ltd. Claims Processing Center c/o Kroll Restructuring Administration LLC Grand Central Station, PO Box 4850 New York, NY 10163-4850
If by hand delivery, or overnight courier: FTX Trading Ltd. Claims Processing Center c/o Kroll Restructuring Administration LLC 850 3rd Avenue, Suite 412 Brooklyn, NY 11232
If submitting proofs of claim via Kroll, your proof of claim form must NOT contain complete social security numbers or taxpayer identification numbers (instead, list only the last four digits), a complete birth date (instead, list only the year), the name of a minor (instead, list only the minor’s initials) or a financial account number (instead, list only the last four digits of such financial account).
ONLY SUBMIT SENSITIVE INFORMATION VIA THE CUSTOMER CLAIMS PORTAL.
ABSENT FURTHER ORDER OF THE COURT, ANY HOLDER OF A CUSTOMER CLAIM THAT IS NOT EXEMPTED FROM THE REQUIREMENTS OF THE BAR DATE ORDER, AND THAT FAILS TO TIMELY FILE A PROOF OF CLAIM IN THE APPROPRIATE FORM BY THE APPLICABLE BAR DATE AS DESCRIBED IN THE BAR DATE ORDER SHALL BE FOREVER BARRED, ESTOPPED AND ENJOINED FROM: (A) ASSERTING THE APPLICABLE CUSTOMER CLAIM AGAINST THE DEBTORS OR THEIR ESTATES OR PROPERTY IN THESE CHAPTER 11 CASES OR (B) VOTING ON, OR RECEIVING ANY DISTRIBUTION UNDER, ANY CHAPTER 11 PLAN IN THESE CHAPTER 11 CASES, EXCEPT TO THE EXTENT THAT SUCH CLAIM IS IDENTIFIED IN THE SCHEDULES AS AN UNDISPUTED, NONCONTINGENT AND LIQUIDATED CLAIM (INCLUDING WITH RESPECT TO THE AMOUNT, QUANTITY, TYPE OR NATURE OF SUCH CLAIM). CUSTOMERS WHO DO NOT SUBMIT A PROOF OF CLAIM AND/OR KNOW YOUR CUSTOMER INFORMATION VIA THE CUSTOMER CLAIMS PORTAL WILL NOT HAVE THEIR CUSTOMER CLAIMS BARRED IN ACCORDANCE WITH THIS PARAGRAPH, BUT SUCH CLAIMS WILL BE SUBJECT TO OBJECTION BY THE DEBTORS.
Nothing contained in this email is intended or should be construed as (a) an admission as to the validity or priority of any claim, equity interest or lien against the Debtors, (b) a waiver of the Debtors’ rights to subsequently dispute such claim, equity interest or lien on any grounds, (c) a promise or requirement to pay any prepetition claim, (d) an implication or admission that any particular claim is of a type specified or defined in the Order or this Email, (e) a request or authorization to assume any prepetition agreement, contract, or lease pursuant to section 365 of the Bankruptcy Code, or (f) a waiver of the Debtors’ or any other party in interest’s rights under the Bankruptcy Code or any other applicable law.
For additional information, and to download all documents filed in the Debtors’ chapter 11 cases free of charge, please visit https://restructuring.ra.kroll.com/FTX/. |
FTX Noticing
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