The FTX Bankruptcy Statute of Limitations Has Expired
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Good quality. Reputable source with community review or editorial standards, but less rigorous than peer-reviewed venues.
Rating inherited from publication venue: EA Forum
Relevant to EA community members and organizations that received FTX or FTX Future Fund grants and were concerned about bankruptcy clawback liability; provides a practical legal update but is not formal legal advice.
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Summary
As of November 2024, the two-year US bankruptcy statute of limitations for FTX clawback claims against grant recipients has expired without the bankruptcy estate filing to extend it. Recipients who have not been sued or signed tolling agreements are likely protected from US clawback actions. International recipients may still face exposure under local laws with longer limitation periods.
Key Points
- •The two-year US bankruptcy clawback deadline passed in November 2024; FTX estate did not extend it.
- •Grant recipients not sued in bankruptcy court and without tolling agreements should be safe from US clawback actions.
- •Demand letters alone do not constitute court actions and do not toll the statute of limitations.
- •Recipients outside the US (e.g., New Zealand with 6-year limits) may still face clawback risk under local law.
- •Post is informational, not legal advice; recipients with specific concerns are encouraged to consult counsel.
Cited by 1 page
| Page | Type | Quality |
|---|---|---|
| FTX Collapse: Lessons for EA Funding Resilience | Concept | 78.0 |
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# The FTX Bankruptcy Statute of Limitations Has Expired By Molly Published: 2025-01-03 The deadline for FTX to file clawback claims against grantees was November 2024. The bankruptcy estate could have filed a plan to extend the two-year statute of limitations, but it appears that they did not do so. Any recipient of FTX or FTX FF funding who has not had a complaint filed against them in bankruptcy court, and who has not signed a tolling agreement with the bankruptcy estate, should be safe from clawback actions going forward. I encourage you to check with counsel about individual situations.[^dyopo8vg67] A demand letter is not a court action, and negotiations in response to a demand letter would not toll the statute of limitations. As always, before you comment in response to this post, I would urge you to assume that lawyers for the FTX Group will see your comments. [^dyopo8vg67]: This isn’t legal advice and a lawyer who represents you and can address your specific situation will be able to provide more clarity than a forum post!
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