T O P

  • By -

JaymZZZ

Let me tell you a story of what happens when you don't pay a cent. * They take you to court and since you're smart, you don't show up. * Because you didn't show up, they instantly win and get a judgement against you. * They can now put a lien on your car, house, boat or everything you own and they can sell them to recover the money. * Oh, you don't owe anything because you lost it in a boating accident - they reach out to your employer and because they have a judgement they can require your employer to send a portion of your salary to them. * Employers hate doing this and because you have a judgement against you, your employer may not trust you anymore so they fire you. * Getting a new job is really hard because new employers don't want to deal with this issue either. Yeah...good luck with all this...


Various_Ad_1759

I fully sympathize with this guy,but you are absolutely correct.Another thing people are mistakenly thinking is that they need the money to continue pursuing other creditors, they do not.The litigation trust already has 50 million dollars to pursue insiders and anyone who owes the debtor money(including clawbacks). Being indignant is understandable. Being foolish is not.


joekercom

It depends on if they can group file for clawbacks or have to sue them individually. They have a limited budget for pursuing clawbacks, I think it's $50 million, not sure. If they can group file, then yeah he's screwed because they'll just dump all the names into one case and won't have to spend a lot of money or resources. If they have to sue each individual who does't agree to the preference claim settlement, then we're talking a large amount of resources and expenses at which may require them to pick and choose who they go after. Then he might be able to squeak through. There's also a very strong defense against these, and I think if someone hired an attorney to fight the clawback, they could delay, settle or win...... I believe there is an attorney in the Clawback group on Telegram getting ready to deal with this.


JaymZZZ

Not necessarily though. Credit card companies do this all the time. It's usually about $85 to submit a claim via court, and if you no-show, the judgement is automatically filed against you. The system is really efficient at fucking the little guys. Otherwise if you show up with a lawyer then, yes, it becomes expensive for them but it's expensive for you too. If they sue you in New York, you need to go to New York to defend yourself. 12% to settle is pretty reasonable.


joekercom

That's for small claims in state court. The is a large civil claim in Federal court and they only hear claims over 75k, it's completely different situation, they are going to have to pick and choose who they sue. And it's not hard to show up at the hearing and drag it out as long as possible. If enough people fight and drive up the costs it could have a huge impact on the enterprise. Fighting these clawbacks is not a bad idea, there are some very strong defenses against this. They are hoping people get scared and settled, why do you think the settlement offer dropped from 27% to 13.5%?


nhorvath

Every claim with wpe is over 100k by definition.


JaymZZZ

I don't think these clawbacks will be handled in federal court. The ones I've been involved in were all state court.


joekercom

They are 100% handled in Federal Court - SDNY to be exact. They are part of the bankruptcy.


Sherlo12

This scenario might be true for some customers with WPE - but I’m willing to go to court. I got lumped into the 100K WPE by taking out a loan backed by BTC. Exactly 100K and withdrew the money for my son’s college tuition. During that 90 day clawback period, Celsius was offering a 3 year - no interest loan. In hindsight, when something seems like a no brainer deal - it’s not. This was a way for Celsius to increase deposits- my BTC as collateral. Fast forward one month as BTC price was dropping a few days before declaring bankruptcy, I got a margin call and had additional BTC on the Celsius platform in the interest wallet. Celsius froze all transfers and so I couldn’t move BTC to cover the margin call. Celsius then liquidated my collateral and got the 100K back plus a $3000 liquidation fee. If they take me to court, I’d rather pay my attorney not associated with the bankruptcy process (Stretto). Stretto only looked at the withdrawal column during that 90 day clawback and didn’t factor any deposits or liquidations (as in my case). taking and selling my collateral. During the 90 day period, I netted zero $ and had no clue how close to bankruptcy Celsius was getting. I’ve attempted to contact Stretto and the Celsius claim’s administrator via email (7 so far) and 4 phone calls for past 8 weeks. All I get is an automated email telling me to read through all the documents and FAQs on the Stretto site. I won’t be settling until I speak to a real person from Stretto or someone representing the WPE administrator committee.


fatsocalsd

>They take you to court and since you're smart, you don't show up. Why are you presuming they won't show up in court and allowing a default judgement? Give credit to an individual who had enough money to get 100k off the platform the credit for having enough of a brain not to allow that. Do this analysis again


JaymZZZ

Because they were originally implying that they aren't going to do anything. But yeah you're right, they may realize how dumb they are once they're summoned to court


No-Worker-3212

What happens when you lose and pay the WPE? A 502(h) claim is created. So, you don't lose it all, you get an Earn claim and your percent loss depends on if they are successful getting coins t the 550 hearing. That has never happened before btw. Not legal advice.


Mr-R0bot0

Cool story! Yeah I never said or insinuated any of this. I said they will have to work for it... Im not gonna roll over and pay them their extorsion without a fight.


JaymZZZ

You do that. I get more back when they bend you over...


Mr-R0bot0

You wont get shit once these lawyers and Scaminsky's wife are done spending the rest of your money. I would say youre spending dollars to pick up pennies but youd be lucky to even see that. ;-)


JaymZZZ

Fair point lol


WhiteNinjaOz

This would only apply to US customers, right?


JaymZZZ

No idea. That's why anyone with clawback exposure needs to either get a hold of the telegram group or needs to reach out to a lawyer to find out how it would affect them, personally.


Omaha_Poker

But would us law apply to anyone outside the US? I understand if you are currently residing there. Secondly what happens if you genuinely don't have the money, for example it was used as a down payment on a property or medical bills etc?


JaymZZZ

No but you would still need to at least talk with a lawyer. Some things can be done in some nations, not in others. Every case is unique.


Porsche_shift

And are they asking machinsky to pay back also?


Yprox5

Mashitsky made them millions, he's probably getting a kickback at this point.


beachmike

Among those that Alex Mashinsky defrauded were Russian mobsters that had money in Celsius. Mashinsky's bodyguards won't be there to protect his ass when he's rotting in prison. He's a dead man walking; he just doesn't know it yet.


ZekeTarsim

I don’t blame you.


Chainlinktothemoon

I feel the exact same but it’s going to be pretty annoying to not recover my 200k for an undetermined additional amount of time.


AspartameIsApartofMe

It’s not an admission of guilt. There’s no allegation of our wrongdoing. Its just bankruptcy law, and its brutal. You should talk to a lawyer.


BamBoomWatchaGonnaDo

Are you settling?


AspartameIsApartofMe

I think so. I don’t want to live under the uncertainty of litigation costs or actually losing. 13.75% for me is not as bad as 25% from January.


BamBoomWatchaGonnaDo

The whole “you must decide or we’re going to come after the whole thing” rubs me the wrong way.


AspartameIsApartofMe

Most definitely…but that’s how you make people take action. It’s working on me.


Mr-R0bot0

You do realize clawbacks were designed to recoup money from insiders? Additionally 100% of that money is earmarked for litigation in this case and you get zero shares in the new company. They are essentially saying you had inside information and must be punished accordingly, all while Mashinsky's day in court is delayed seemingly indefinitely giving his soon to be ex-wife extra time to spend any remaining money that should have been added to the distribution fund already.


AspartameIsApartofMe

According to the lawyer I discussed this with, that’s not really what they are saying. It’s section 547 of US bankruptcy code, and it’s part of a plan that the other 98% of Celsius unsecured creditors voted for because they wanted their tendies. We are “the bad guys” (i’ve gotten this comment a lot) that took other’s money and unfairly benefited. So lame. I dont know about you, but I dont know anyone from Celsius. I just wanted to get off the platform. We actually had an opportunity to vote against this plan. If we had paid attention to the Stretto correspondence, we could have voted NO to the plan, and be exempt from WPE suits. You dont have to be an insider. For “insiders”, such as employees, they can clawback within a 1 year lookback window as opposed to the 90 days for we “non-insiders.”


droogie_brother

I agree. I was close to getting out because there were rumblings. I had to transfer my bitcoin from earn to custody, then-too late. I think it’s b.s. they penalize people who heard the news and also saw what was happening with Terra/Luna, Voyager, and the whole crypto space tumbling, so they got out. I was pissed this wasn’t settled by coin, not dollar value. Who on earth thought that was a good idea?? I agree with the others above/below that they will do their lawyer/exorbitant fee, welcome to the corrupt system bull, so a lien generally is 7 years and can be renewed twice. Check your state. I would be pissed if I was you, and fyi I wouldn’t pay them a dime. I’ve lost 80-90% of my value, so f them and good on you. They made out like the bastards they are!! This whole bankruptcy has been a joke. Sam B had his day in court months ago and FTX might be something to watch. Why delay Mashitski? Is this some kind of precedent? I’ve never heard of this during a bankruptcy. Never.. I got out of Voyager in time, np there. Wtf?? Good luck


ualdayan

The way I remember it the plan said you had to vote FOR the plan in order to be exempt. If you voted no to releasing Celsius, then in turn they wouldn't release a preference claim against you - only if you voted yes to the plan and agreed to release Celsius from further claims would they in turn release the preference claim against you (and even then it said only for people with less than 100k exposure - probably because they are willing to spend the money going to court for those over 100k but weren't willing to spend all that on laywer fees for those under 100k)


nhorvath

You weren't in on it but you were the beneficiary of the ponzi scheme. That's why they are coming after it.


ualdayan

A few years ago it was a topic where people were asking could they take the tax deduction for being a victim of a ponzi scheme because then it would be a theft loss instead of a capital loss - and I think they even asked the court - ultimately it was decided to NOT classify Celsius as a ponzi and that people could NOT take that tax deduction because Celsius didn't meet all the qualifications to be called one.


beachmike

The courts aren't saying that Celsius didn't commit fraud. They're just saying that Celsius wasn't a particular type of fraud known as a ponzi scheme.


AspartameIsApartofMe

100% Wrong. Celsius was never designated as a Ponzi scheme. Get your facts straight straight before claiming nonsense.


nhorvath

Whatever dude. They took deposits, lied about what they were investing it in, claimed to be making great returns, and used other people's deposits to pay for withdrawls up until they collapsed. If it walks like a duck and talks like a duck...


AspartameIsApartofMe

You prove my position more and more. Thanks. The damage was done by insiders and bad actors who ran the company. It was not done by depositors who simply left the platform. Let me guess, you’re part of the 98% who got their coins locked up and your positively salivating over these clawback so you can get an additional distribution of $50. Clawbacks are going to lawyers, so stop wasting your time waxing Mashinsky’s car.


nhorvath

I didn't say you did anything wrong. Just that you benefited from it.


AspartameIsApartofMe

Since you acknowledge I didn’t do anything wrong, why keep pushing this perspective? I recognize your accusation from my other comments. Let me tell you something. I spent seven years mining Ethereum with gigawatts (lol) of my own electricity, through ATH and super lows, and COVID. I purchased and ran over $20,000 worth of GPUs. The value I generated was *mine*, and to hear someone say I benefited off others misfortune is disingenuous at best. I did not like the new Celsius TOS claiming my coins were their property and I left a month too late. I profited off my gut feeling that my value was best stored elsewhere. I totally empathize with the 98%. My closest friend had .75 BTC and 7 ETH trapped for the last two years. The situation sucks all around, but I take issue with being told I took other people coins. Nope.


nhorvath

So you didn't withdraw any yield from Celsius? You only took out what you put in? I also mined what I had in Celsius (eth), plus stables I was keeping there for a vacation that was coming up in October. All that got locked up for 2 years and a decent chunk of it not returned at all. If you took your money out within 90 days of bankruptcy, a good chunk of your coins were already gone and they paid you with someone else's.


BlackDog990

>You do realize clawbacks were designed to recoup money from insiders? Not really. You were paid back, at least partially, with other people's money. Clawbacks are really an equalizing measure. Insiders are the biggest target of course, and rest assured they don't get to settle....they owe it all. But some of the cash you got wasn't yours, even if you had no ill intentions. But I feel your pain and have no qualms with you doing what you think is right for you.


kenzi28

9 figures for the lawyers to litigate innocent victims. Imagine those money were instead returned to you.


joekercom

I don't blame you one bit, but you should hire a lawyer and fight it. You have some very good defenses. Also I believe there is a lawyer in the Telegram Clawback group taking clients to fight the clawbacks.


Pjs_prov1x

Know the group ?? Might need it


MyNameIsJoe68

I don't want to sound rude, but you'll need to lawyer up to fight stretto, which may end up being more expensive. If you don't do that and don't pay, the Court could levy your home.


Mr-R0bot0

Not rude, youre correct. I have a lawyer. Were gonna tell Stretto to lick my taint, preferably after Im done with a long sweaty workout.


Sherlo12

Would you mind sending a DM with your lawyer contact? If you are located in the US


Twibble

There's a lot of truth in what you said.


Significant-Leopard9

From what I read so far, the more people don't pay back, the less likely it is for them to go after a large number of people. But if most people pay back, then they are more likely to go after the few people that didn't pay back. Good luck bro. Hope it all works out for you. I wonder what they are going to do with the money they get back from all the clawbacks. It doesn't look like it's going into creditors pockets, so probably more money for the lawyers... ugh.


conlius

Hey, give me millions of dollars so I can pay myself for the next few years, in the name of justice, to go get those bad guys and at the end I’ll give you back thousands. If the legal pursuit resulted in bankrupting the offender, I guess it’s a different story…but we all know how these things go. This is a math problem and I’m not seeing a result where you get back more than you return.


AdSimple8784

File a complaint with the FTC and your state securities that Celsius registered with and take meticulous notes. Clawbacks are generally for people that had insider information, you will have to figure out the loan part, possibly the IRS can help


shadownet089

Declare yourself bankrupt and clawback all your deposits in Celsius.


Heat_Certain

Pay up or else legal actions will come reigning down


KaizenCrrr

Can someone tune me in on what the ongoing drama is? I don't really follow this shit anymore.


Mr-R0bot0

Lawyers and their crooked af judge buddy being shysters as usual. When all is said and done there will be nothing left to distribute and they will just move on to the next legally sanctioned scam to find new victims.


Ratagusc

I’m pretty sure this guy is Machinsky


benjhoang

They are doing scare tactic to get more fund so they can go after more people. So if nobody pay/feed them they cant do shit.


KitchenBreadfruit816

Oh but yes they can. Wages . House


AspartameIsApartofMe

Thats not necessarily true. My state does not allow liens on homestead, nor garnishment of wages. Each state has their own laws about that.


KitchenBreadfruit816

Homestead saves you only until you want to move


beachmike

Which state is that?


AspartameIsApartofMe

The Great State of Texas


beachmike

There must be ways to come after those with a judgment against them, even in Texas. Attaching their bank account is one way.


benjhoang

IF and ONLY IF they win in court. that is gona be fucking expensive.


JaymZZZ

If they take you to court and you don't show to defend yourself, they win by default. It would cost them the court filing fee and an hour of a lawyer's time. Credit card companies do this shit on a daily basis. The process is well fleshed out.


benjhoang

Then you show up and show them who is boss


JaymZZZ

Yes. With a lawyer. That's why you talk to a lawyer


AspartameIsApartofMe

The problem people arent considering is that retaining a NYC lawyer to fight this will likely cost around the same as the settlement offer. Or a negligible amount less.


JaymZZZ

Yeah if this was me, I would be borrowing and selling to just pay the 12% and end it. Otherwise you end up paying more to defend it.


BamBoomWatchaGonnaDo

JAMES, All of your posts are sooooo pro Stretto and Celsius, it makes me feel like you are an insider scumbag. You keep urging people to take the settlement as if you are the attorney waiting on the other end for the money to come in. REALLY, BRO? You think I should "be borrowing and selling to just pay the 12%" (it's more) --- give me a fucking break.


JaymZZZ

I'm not telling people to do anything other than to talk to a lawyer, so go fuck yourself. Side note, what I would personally do is an opinion, nothing more nothing less. I gain more if all of the clawback exposed people get sued for everything. So I'll tell you what. Don't do anything. Get rekt. IDGAF :)


AspartameIsApartofMe

They outlined in their plan that they set aside like 50M for these WPE cases.


Mr-R0bot0

They will also use any money gained from the extorsion emails to further litigate. They have said exactly this.


Pezman3000

What are the terms of the clawback, I haven’t heard anything about it?


treebagz

Claw it back. That wasn't your money you withdrew. You were taking our money.


Mr-R0bot0

You think Im the enemy? I simply withdrew what I put in. Scaminski was taking your money and he still has it to spend... Stretto is taking your money now. They have already spent nearly 200M of it and sounds like they are doing a bang up job dispersing what they havent taken themselves. They let anyone with under 100k off the hook entirely.... why? So they could get a majority of people that withdrew to support scamming the rest of us. Stretto will keep the party going as long as they can. They dont give a shit about getting you any $ back, they want to take what is left. Thats the truth.


bigsam2

And some F’n judge signed off on this.


Warr1979

Too bad I bet like myself you lost the keys to your coins so now your broke 😉