Genesis Commences Voluntary Chapter 11 Bankruptcy
January 20, 2023 - Genesis (Genesis Global Holdco), a digital currency prime brokerage, today announced that it is entering Chapter 11 Bankruptcy.
Genesis and its advisors have been engaged in ongoing discussions with advisors to its creditors and corporate parent Digital Currency Group (“DCG”) to evaluate the most effective path to preserve assets and move the business forward.
Genesis has now commenced a court-supervised restructuring process to further advance these discussions and reach a solution for its lending business, which, if achieved, would provide an optimal outcome for Genesis clients and Gemini Earn users.
Genesis Global Holdco, LLC (“GGH”) and two of its lending business subsidiaries, Genesis Global Capital, LLC (“GGC”) and Genesis Asia Pacific Pte. Ltd. (“GAP”), filed voluntary petitions under Chapter 11 of the U.S. Bankruptcy Code in the United States Bankruptcy Court for the Southern District of New York (the “court”).
Genesis’s other subsidiaries involved in the derivatives and spot trading and custody businesses and Genesis Global Trading are not included in the filing and continue client trading operations.
As part of its Chapter 11 filing, Genesis has proposed a roadmap to an exit including a Chapter 11 plan (the “plan”) that calls for a framework for a global resolution of all claims through, and the creation of, a trust that will distribute assets to creditors. The plan contemplates a dual track process in pursuit of a sale, capital raise and/or equitization transaction that would enable the business to emerge under new ownership. The company will initiate a marketing and sale process to monetize GGH’s assets or otherwise raise capital, using the transaction proceeds to pay creditors fairly and equitably. If the marketing process does not result in a sale or capital raise, creditors will receive ownership interests in Reorganized GGH.
All aspects of the restructuring process will be overseen by an independent special committee of the company’s board of directors.
“While we have made significant progress refining our business plans to remedy liquidity issues caused by the recent extraordinary challenges in our industry, including the default of Three Arrows Capital and the bankruptcy of FTX, an in-court restructuring presents the most effective avenue through which to preserve assets and create the best possible outcome for all Genesis stakeholders,” said Derar Islim, Interim CEO, Genesis. “We deeply appreciate our clients’ ongoing patience and partnership as we work towards an equitable solution.”
Derar Islim was appointed to his position in August 2022 as part of a series of leadership announcements to further strengthen the company’s governance and position it for the future.
“We have crafted a deliberate process and roadmap through which we believe we can reach the best solution for clients and other stakeholders,” said Paul Aronzon, an independent director at Genesis. “We look forward to advancing our dialogue with DCG and our creditors’ advisors as we seek to implement a path to maximize value and provide the best opportunity for our business to emerge well-positioned for the future.”
Genesis has more than $150 million in cash on hand which will provide liquidity to support its ongoing business operations and facilitate the restructuring process. The company has filed a number of customary "first day" motions with the court to enable day-to-day operations to continue in the normal course. Court approval for these requests is expected in the coming days. Redemptions and new loan originations in the lending business remain suspended, and claims will be addressed through the Chapter 11 process. Genesis and its advisors will continue to evaluate options to advance the process to reach a global resolution.
Additional information on the Chapter 11 filing, including access to court documents, is available at https://restructuring.ra.kroll.com/genesis.
Moelis & Company is acting as financial advisor to the company. Cleary Gottlieb Steen & Hamilton LLP is acting as legal counsel. Alvarez & Marsal is serving as restructuring advisor.
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