Amid the frenzied scramble to divulge all of FTX’s dirty secrets, including where the fate of those $8 billion in stolen client funds which were handed over to Alameda ahead of the largest crypto exchange bankruptcy in history, there is one topic that the company’s new CEO (and one-time Enron liquidator) John J. Ray wants to keep under wraps: the identity of its creditors (and FTX clients).
Consider the following curious sequence of events that developed over the past week (conveniently summarized by the FT’s Kadhim Shubber): on Monday, FTX said that it will file a list of its top 50 creditors “on or before November 18”).
“and that no one may buy or sell except one who has [a]the mark or the name of the beast, or the number of his name.” Rev. 13:17
Just one day later, in John J. Ray’s Affidavit in Support of First Day Motion, FTX revealed that this may be a problem since “the Debtors are unable to create a list of their top 50 creditors that includes customers without access to the data repositories at issues.”
Fast forward to Saturday when in a surprise twist, the Enron liquidator is now asking the judge to keep the names of the company’s creditors and customers (which we assume have been identified), confidential in order to “protect the estate or any entity in respect of a trade secret or other confidential research, development or commercial information.”
In retrospect, considering that FTX previously estimated that it has over 1 million creditors – which ostensibly includes all clients of the FTX brokerage from the smallest mom and pop investors to massive Chinese money laundering whales – this is probably not all that surprising, although it will be interesting to see how Judge John Dorsey, who is the appointed Delaware Bankruptcy Court judge on the FTX bankruptcy, will rule on November 22, 2022 at 11:00 a.m. (at Courtroom #5 on the 5th floor at 824 North Market Street in Wilmington) when the First Day hearing takes place.
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