Very interesting cryptocurrency-related opinion out of New Zealand. See below thread for why this is an interesting & good result for crypto holders: https://abs.twimg.com/emoji/v2/... draggable="false" alt="👇" title="Down pointing backhand index" aria-label="Emoji: Down pointing backhand index"> https://twitter.com/CourtsofNZ/status/1247770583737102336">https://twitter.com/CourtsofN...
https://abs.twimg.com/emoji/v2/... draggable="false" alt="⚖️" title="Scales" aria-label="Emoji: Scales">Cryptopia suffered a large hack and filed for bankruptcy

https://abs.twimg.com/emoji/v2/... draggable="false" alt="⚖️" title="Scales" aria-label="Emoji: Scales">this pitted Cryptopia& #39;s creditors against its users--do users have a first-priority claim to Cryptopia& #39;s crypto on deposit, or are users and creditors "pari passu," with equal rights to get paid on their claims?
https://abs.twimg.com/emoji/v2/... draggable="false" alt="⚖️" title="Scales" aria-label="Emoji: Scales">court found that the cryptocurrency was held in trust by Cryptopia for the users and they were not general creditors--cites various facts as evidence for intention of forming trust, including marketing language about "ensuring YOU can trade YOUR cryptocurrency..."
https://abs.twimg.com/emoji/v2/... draggable="false" alt="⚖️" title="Scales" aria-label="Emoji: Scales">each type of cryptocurrency was in a separate trust; therefore, since ETH was hacked, ETH holders will suffer a loss and that loss will not be subsidized by other types of cryptocurrency holders
Overall, very interesting (if somewhat unsurprising) case. Nice to have these matters reasoned out and confirmed. Going forward, expect that creditors of exchanges will assume cryptocurrency deposits are not up for grabs in a bankruptcy and to insist on other protections.
h/t to the awesome Canadian cryptoattorney @evanmthomas who alerted me to this opinion
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