Cryptocurrency can be a risky investment. Your assets won’t be insured like they are with a brokerage or bank.
You are always susceptible to losses when you invest in risky assets. You can just think of all the cryptocurrency owners who had to learn the hard way after several high-profile bankruptcies.
Investors were reminded to remember that their individual retirement accounts (IRAs) and 401(k) plans are protected at all times. These protections do not extend to crypto accounts.
What kind of protection is available for crypto accounts?
Your crypto assets could be held by a bankruptcy-filed cryptocurrency firm. Coinbase told crypto investors that they were informed about this in May, when Coinbase experienced a liquidity crisis.
“Legal protections for crypto assets have not been tested in court. It is possible, though unlikely, that a judge would consider customer assets in bankruptcy proceedings,” Coinbase CEO Brian Armstrong stated in a May 10, tweet.
This statement implies that crypto customers could be treated by bankruptcy courts as unsecured creditors and may lose their assets.
Underwater crypto firms’ users are now being rudely awakened that they don’t have legal titles to their digital assets. This is despite many crypto scandals, including BlockFi’s bankruptcy and FTX’s November implosion.
Most cases, like the bankruptcy of Celsius crypto-firm in June, have users only a right to be paid back plus a refund, according to Manny Grillo, a partner in Allen & Overy’s restructuring team who represents troubled businesses.
“In the Celsius case, the bankruptcy court just ruled that even accounts held in sole custody, in which investors retained title, their assets had only been converted from earned accounts to custodial accounts, and that holders of these accounts cannot withdraw them today,” he said.
Custodial accounts in crypto refer to an account or wallet that stores the private keys of a user’s cryptocurrency. You can have complete control over your private keys with non-custodial wallets.
Experts say that users are choosing to move their assets from cryptocurrency exchanges into non-custodial wallets in light of recent crypto bankruptcies. This is to protect their holdings.