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Crypto custodian Prime Trust files for Chapter 11 bankruptcy

The crypto custodian's bankruptcy comes as it's been unable to honor customer withdrawals for months.

Crypto custodian Prime Trust has filed for Chapter 11 Bankruptcy in Delaware after it faced a shortfall in customer funds.

The company said in an Aug.15 filing that it has between 25,000 to 50,000 creditors and estimated liabilities between $100 million to $500 million compared to $50 million to $100 million worth of estimated assets.

"The Company believes that the commencement of the Chapter 11 Cases will provide a transparent and value-maximizing process for the benefit of the Company’s clients and stakeholders," it said in an accompanying press release.

The firm's top five unsecured creditors have claims of roughly $105 million — $55 million of which is the largest unsecured claim reported by Prime Trust.

Prime Trust's largest unsecured creditor has a claim for over $55 million. Source: Stretto

Prime Core Technologies Inc., Prime Trust, LLC, Prime IRA LLC and Prime Digital, LLC were the entities listed as the entities filing for Chapter 11 relief.

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Prime Trust's bankruptcy follows Nevada’s business regulator issuing the firm a cease and desist order on June 21 saying its financial condition was “critically deficient” and was unable to honor customer withdrawals.

Days later on June 26, Nevada's regulator petitioned a court to place the firm into receivership which the court approved on July 18.

Prime Trust agreed to the petition due to what it said was a “substantial deficit between its assets and liabilities.”

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Prime Trust can’t honor customer withdrawals, says Nevada regulator

Nevada's business regulator issued a cease and desist order to the crypto custodian alleging it has a "shortfall of customer funds."

Prime Trust's financial condition is "critically deficient" and the crypto custodian has been unable to honor customer withdrawals since June 21, according to Nevada's business regulator.

In a June 21 cease and desist order, Nevada's Department of Business and Industry claimed Prime Trust's financial condition ha"considerably deteriorated" and the firm is now in an "unsafe or unsound condition" to continue business:

"On or about June 21, 2023, Respondent's [Prime Trust] was unable to honor customer withdrawals due to a shortfall of customer funds caused by a significant liability on the Respondent's balance sheet owed to customers."

The order added Prime Trust has "materially and willfully breached its fiduciary duties to its customers by failing to safeguard assets under its custody." The regulator again alleged the firm is "unable to meet all customer disbursement requests."

Statements made by the Nevada Department of Business and Industry against Prime Trust. Source: Nevada Government

Prime Trust has 30 days to respond to the cease and desist order and can request an administrative hearing to contest the order.

Related: TrueUSD assures users it has no exposure to troubled Prime Trust

If Prime Trust fails to contest, the cease and desist order will be considered final.

On June 13, the payments subsidiary of Prime Trust, Banq, filed for bankruptcy protection in the United States.

Since then, wallet infrastructure provider and digital asset custodian BitGo confirmed on June 22 that it decided to cancel its acquisition of Prime Trust.

Cointelegraph reached out to Prime Trust for comment but did not recieve an immediate response.

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