Here’s Why Bitfinex is Not Like MtGoxBitfinex, a bitcoin exchange based in Hong Kong, was hacked last week and suffered a loss of roughly $70M USD. The company appears insolvent after announcing a loss of roughly 36-37 percent of its assets. Bitfinex has since stated that they intend to “socialize” these losses, meaning they expect creditors (anyone with any form of BTC funds at the exchange) to share in the losses equally.
However, under Hong Kong law, Bitfinex will not be able to force creditors to accept its proposal. Unlike in the US and Japan, Hong Kong does not have a system of bankruptcy protection to facilitate a Bitfinex reorganization. By arguing that Bitfinex is insolvent, creditor lawsuits could force Bitfinex into liquidation where creditors can take control.
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https://news.bitcoin.com/heres-bitfinex-not-like-mtgox/