This will be interesting to follow,
US Bankruptcy Court Set to Weigh in on Bitcoin's Currency StatusA California bankruptcy court is set to weigh in on whether bitcoin should be considered a currency.
The hearing, set for 19th February, follows months of legal wrangling between the trustee of bankrupt bitcoin mining firm HashFast and Marc Lowe, a former promoter for the service who operated under the handle 'cyberdoc'.
Trustee Michael Kasolas filed suit against Lowe in February of last year, seeking to recoup 3,000 bitcoins that had been paid by HashFast to Lowe for promoting the service, including a series of posts on the Bitcoin Talk forum.
The trustees alleged that Lowe was an insider who received preferential treatment from the firm, including the awarding of a refund while other customers were awaiting theirs, prior to HashFast’s bankruptcy.
Commodity or currency?
In a 22nd January filing, the trustees asked for a summary judgment requiring that Lowe return the 3,000 bitcoins, as well as – perhaps more importantly – a determination that bitcoin is a commodity rather than a currency.
By doing so, the court would essentially require that Lowe pay back the 3,000 BTC at today’s rate rather than the value, in dollar terms, when he received it in September 2013.
The filing states:
“Accordingly, the Court should grant the Motion and enter an order directing that if the subject transfers are avoided, the estate’s recovery shall be either the 3,000 bitcoin themselves or the value of those bitcoin at the transfer date or time of recovery, whichever is greater. This result is consistent with both established Ninth Circuit law and section 550(a)’s purpose of restoring the estate to the financial condition it would have enjoyed had the transfers not occurred.”
Predictably, Lowe pushed back, seeking the opposite ruling in a 5th February court filing. The heart of his argument was that, during the time he was promoting HashFast’s products, the company was treating bitcoin as a type of currency.
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The bitcoin Dr. Lowe received from HashFast should be treated as currency, not a commodity,” the filing states. “That was how HashFast intended bitcoin to be treated at the time it sent the bitcoin to Dr. Lowe, and that is how federal agencies, merchants, courts, the Debtor, and the Trustee himself have treated bitcoin. The Court should not grant the Trustee the undeserved windfall he is seeking.”