Gemini Accuses DCG of Failing to Make $630 Million Payment

Updated: 22 May 2023

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Gemini has raised concerns over DCG’s failure to honor the $630 million payment obligation. The payment in question relates to a loan provided by Gemini to Genesis, a crypto-lending subsidiary of DCG. Genesis is currently undergoing bankruptcy proceedings.

Firm Warns of Potential Default by DCG and Considers Forbearance Options

Gemini issued a warning recently, expressing concern that DCG might default on its obligations if it doesn’t make the required payment or restructure its debt. In an update on its website, the exchange led by the Winklevoss twins said it is currently evaluating the option of granting forbearance to DCG, along with creditor committees, to prevent a default.

The decision to grant forbearance will partly depend on whether all parties believe DCG will negotiate in good faith for a consensual deal. If no resolution is reached, the crypto exchange is considering presenting an independent “amended plan of reorganization” without DCG’s consent. A spokesperson from DCG mentioned that they are actively engaged with stakeholders in the Genesis Capital restructuring process during the 30-day mediation period starting May 1.

In a recent court filing, bankrupt lender Genesis requested an extension from the United States Bankruptcy Court for the Southern District of New York. The lender stated that the extension was necessary to ensure a restructuring process that maximizes value and avoids disruption from competing plans.

Genesis emphasized the size and complexity of its case as grounds for the court to grant the extension. The lender revealed significant assets and liabilities on its balance sheets that would undergo restructuring.

Additionally, Genesis pointed out that its involvement in the digital asset industry adds another layer of complexity to its proceedings. The lender must consider the ever-evolving regulatory landscape in its case.

The purpose of this extension is to allow more time for the involved parties to navigate the bankruptcy proceedings and facilitate the ongoing efforts to achieve a restructuring that maximizes value. The court filing stated that the extension aims to prevent the disruption caused by introducing a competing plan.

If approved, Genesis will have until August 27 to file the reorganization plan. On the other hand, Gemini will have until October 26 to accept it. In addition, the Gemini is preparing “the Gemini Master Claim.” The plan seeks to recover over $1.1 billion worth of cryptocurrencies that it believes Genesis owes.

Gemini Threatens Legal Action Over Frozen Withdrawals and Loan Repayment

According to Gemini, Genesis has refused to return funds to approximately 232,000 users who participated in the Gemini Earn program and had active loans as of January 19, 2023. Gemini Earn was a high-yield investment service offered by the exchange, with Genesis serving as a primary lending partner before freezing withdrawals in November 2022.

Earlier this year, Gemini threatened legal action against both DCG and its CEO, Barry Silbert, if no plans were presented to repay Gemini’s $900 million loan to the crypto lender.

Earlier in the month, the crypto lender Gemini filed a case against DCG, claiming the payment was in default.