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Subset of Genesis creditors disagrees with bankruptcy deal, says DCG

Lucinda Shen
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Illustration: Sarah Grillo/Axios

A subset of Genesis Capital creditors is disagreeing with the initial bankruptcy agreement, the company's parent, Digital Currency Group, asserted in a statement Tuesday.

Why it matters: Tuesday's developments will probably lengthen the time it takes to reach a real resolution.

What they're saying: "A group of Genesis Capital's creditors have reneged and raised all new demands," a DCG spokesperson wrote in the statement released via Twitter. "Our understanding is that a subset of creditors have decided to walk away from the prior agreement."

Between the lines: The creditors have the right to disagree with the plan, as it was a nonbinding agreement.

  • "The prior agreement ... remained subject to further negotiation and the execution of formal settlement documents," Alan Rosenberg, a partner at law firm Markowitz Ringel Trusty & Hartog, wrote in an email.
  • "As a result, I believe the creditor groups are entitled to deviate from the terms outlined in the term sheet — particularly if they are concerned about the overall direction of the case or the viability of the proposed plan."

Details: In February, Genesis reached a preliminary agreement that would, among things, issue DCG stock to creditors.

  • Along with Tuesday's statement, Genesis Global filed a motion for the appointment of a mediator with the U.S. Bankrutpcy Court in the Southern District of New York, calling for said mediator to help with resolving the issue.
  • In particular, Genesis says it faces pushback on the "amount, form, timing and other terms and conditions of DCG’s contribution to the debtors’ reorganization plan."

Of note: That initial, nonbinding agreement would have pushed out the maturity of DCG's May 2023 obligations to Genesis Capital (totaling about $600 million) to June 2024. That earlier deadline is now looming.

  • "We remain committed to doing the deal that all parties agreed to, and DCG will continue to honor its commitments on any outstanding obligations," a DCG spokesperson wrote in a statement.
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