Q: Pertaining to the crypto company celsius and their bankruptcy filing - Am I subject to claw back?
I withdrew funds that I deposited in the 90 day window prior to Celsius filing for chapter 11. Would I be subject to a claw back of my own funds that I deposited and withdrew according to their terms of service?
Edit: It was in their earn account that I earned interest on. Small amount of money - crypto worth less than 5k at the time of withdraw. I had the funds in there for over a year and added to them incrementally throughout that year. I never took a loan from them it was strictly in there to earn interest as they marketed themselves as a bank alternative.
A: Preferences under Section 547 of the Bankruptcy Code only pertain to payments made on account of antecedent debt - this doesn't apply to your situation. However, there may be other theories available to seek return of those funds to the Celsius estate, for example, as a fraudulent conveyance (although MAYBE there's an argument, it would be a stretch). There may be more facts that could be relevant to potential liability. However, it does not appear this is a case where "clawback" would be pursued.
Timothy Denison agrees with this answer
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