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Three Arrows Capital Liquidators Cleared by Judge to Issue Subpoenas

12 Jul, 20222 min readRegulation
Three Arrows Capital Liquidators Cleared by Judge to Issue Subpoenas

A New York bankruptcy judge on Tuesday gave liquidators full control of Three Arrows Capital’s U.S. assets and authorized them to issue subpoenas to co-founders Su Zhu, Kyle Davies, and other parties with information about the Singapore-based crypto hedge fund.

The fund, often referred to as 3AC and which in April had $3 billion in assets under management, filed for bankruptcy on July 1. A few days earlier, it has been served with a notice of default from struggling crypto brokerage Voyager.

The liquidators in 3AC’s Chapter 15 proceeding, used to manage bankruptcy cases when creditors and debtors are not all in the same country, will be represented by attorney Adam Goldberg, of Latham and Watkins.

The judge’s order allows Goldberg to block the “transferring, encumbering, or otherwise disposing of” 3AC’s U.S.-based assets during the bankruptcy proceedings.

Goldberg said at the Tuesday hearing that liquidators are seeking information from “one or two dozen” crypto brokerages, banks and other financial institutions, several of which said they couldn’t cooperate until they’re served, according to a Law360 report.

Goldberg, as the foreign representative, can now immediately “take any action and perform any act necessary to implement and effectuate” the terms of the order. Those served with a subpoena have 14 days to comply.

The order comes after Goldberg submitted a filing Friday to block the sale or transfer of 3AC’s assets.

In Goldberg’s filing with the U.S. Bankruptcy Court in New York’s Southern District on Friday, Russell Crumpler and Christopher Farmer, who were appointed by a British Virgin Islands court to serve as 3AC’s liquidators and wind down operations, reported that the whereabouts of Zhu Su and Kyle Davies “are currently unknown.”

There’s been mounting concern that 3AC will try to transfer or hide assets. Last month, the firm’s NFT arm, Starry Night Capital, started transferring NFTs out of its SuperRare wallet.

1/ Over the last 24h Three Arrows Capital-backed NFT fund @StarryNight_Cap has moved its entire collection on SuperRare totaling 70 works which it has spent >$21M on since last August. — Kyle Waters (@kylewaters_) June 15, 2022

It was noted by Kyle Waters, a researcher at Coinmetrics, who said that the 70-piece NFT collection had at one time been worth $21 million.

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