New York judge approves Celsius’ request to serve legal notices via NFT Airdrops

A bankruptcy judge in the Southern District of New York has approved Celsius Network’s request to send legal notices via open-air releases of non-fungible tokens (NFTs).

Celsius, currently in insolvency proceedings, is seeking to recover funds from allegedly fraudulent transfers to unidentified digital wallets.

Alternative solution

After its bankruptcy, the company sued to void the fraudulent transfers and recover additional funds for its creditors. However, due to the anonymous nature of cryptocurrency transactions, it has not been able to identify the people behind the digital wallets involved in these transfers.

To solve this problem, Celsius proposed a new solution that involves using NFTs to send legal notices. Each NFT will contain a hyperlink that will direct recipients to a website where they can access the legal complaint and other relevant documents. These digital assets will be released directly to the digital wallets associated with the disputed transfers.

The platform has also engaged the services of FTI Consulting to ensure that NFTs are received and accessed properly. FTI will confirm that digital assets are received on-chain, track the exact date and time they are accessed, and monitor website traffic to ensure that real people rather than automated bots open the hyperlinks

FTI has also traced the transfers to the target wallets, verifying that they have remained active since the transactions in question and are likely controlled by the same people.

This information and the inability to locate defendants through traditional means led the court to determine that conventional methods of service were impractical. The judge ruled that serving the legal notices via NFT would be the most effective way to inform the defendants about the litigation.

Set of Legal Precedents for Crypto and Blockchain

Under New York law, alternative methods of service are permitted when traditional methods are impractical, as long as they meet constitutional standards of due process. According to a report by crypto law firm Kelman Law, the court ruled that traditional methods, such as sending legal notices to physical addresses, were ineffective in this case because the identities of the wallet holders were difficult to trace.

It concluded that these requirements were met by sending legal notices via NFTs sent directly to the wallets involved in the fraudulent transfers. The court found this method of informing defendants of the legal action against them to be reasonable.

Bankruptcy Judge Martin Glenn concluded that Celsius’ approach was “the best possible way” to notify defendants and praised the company for its “innovative” solution. The judge compared this new method to the adoption of email addresses for legal service in the early days of the Internet, noting that blockchain wallet addresses could now serve a similar purpose in the digital age. .

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