So, and correct me if I'm wrong here as I've not been keeping up to date with this case, does that not imply Celsius are not only planning to just keep the contents of all earn accounts, but are also planning to try use the 90-day clawback rule to try to recover any withdrawals from earn accounts in the 90 days prior to them filing for bankruptcy? So even if you moved your funds from an earn account to a custody account, if you did it within the 90 day limit then those funds will be forfeited too?
I wouldn't use the word "forfeited", but yes, recent withdrawals from "earn" accounts may be subjected to clackback under bankruptcy laws, and the Celsius bankruptcy estate is going to be obligated to maximize the total return (as a percentage of total claims) of claimaints.
I would rather describe the process as account holders who had recently withdrawn may have to have the amounts withdrawn comingled with other Celsius assets, and the amount withdrawn would also be added to the claims of debtholders. I believe you had previously described the probable outcome of account holders as receiving "pennies on the dollar" of their deposits, however, I think this is unlikely, at least based on current financial statements. Any clawback is also going to be subjected to litigation
From that tweet:
According to leaked court documents Celsius Network may request that people withdrew 90 days prior to Chapter 11 to return the funds by court order.
This would be something else entirely if it passes. Imagine heeding all the warning signs, getting out of Celsius just in time in the days or weeks leading up to their collapse, and then later getting a court order saying "Sorry, give us back all your money or face charges". We would have to change the phrase to "Not your keys, not your coins. Your keys, maybe still not your coins."
Looking more and more like the only safe way forward is to completely avoid every centralized exchange and lending platform in existence.
I don't have the data to back this up, however, I think it is likely for many who have withdrawn to have other claims against Celsius, and any amounts demanded to be returned, that are not returned could be offset by other actual recoveries. This would be far less expensive than trying to go after individual account holders, although there is the potential that some who are not in the above situation may see their (hypothetical) "court ordered" demand to return coin to the Celsius bankruptcy estate to be sold to debt collectors, who in turn try to independently collect.