During a hearing held last Friday, a bankruptcy court judge said that bitcoin is property not cash. The hearing relates to a suit filed by the trustee of bankrupt bitcoin mining firm HashFast Michael Kasolas against Marc Lowe, a former promoter for the service, seeking to recover 3,000 bitcoins (approximately $1.3 million) that had been paid by HashFast to Lowe for promoting the service.
In a January 22 filing, Kasolas asked for a “partial summary judgment” against Lowe that requires
“(1) determining that for purposes of section 550(a) of the Bankruptcy Code the 3,000 bitcoin transferred to Defendant constitute a commodity, not currency, and (2) directing that if the subject transfers are avoided the estate is entitled to either the bitcoin or the value of the bitcoin as of the transfer date or time of recover, whichever is greater”.
Lowe's lawyer, Brian Klein, asserted before the court that the bitcoin legally belongs to his client and asked Judge Dennis Montali to consider treating bitcoin as a currency rather than a commodity, The Recorder reported. Klein pointed out that the firm used bitcoin "as a medium of exchange and currency" in its business dealings. He said that it was hypocritical of the firm to seek the current value of the bitcoin it paid Lowe, especially when the firm took contrary positions when creditors made claims that they were owed in bitcoin.
Montali acknowledged that although the bankruptcy code "wasn't written with bitcoin in mind”, the cryptocurrency is "intangible personal property," not cash. He also said that even though the firm and Lowe might have used bitcoin to conduct a business deal "that doesn't make them dollars".
However, Klein tried persuading the judge saying that dollars and bitcoin were the "exact equivalent" in this particular case, to which Montali quipped that although bitcoin might be more widely accepted, "but you try paying your bar ticket with one."
The judge, however, didn’t rule on the underlying ownership dispute and said that if it is established that the transfer was invalid, he will decide later whether Lowe will have to hand over the bitcoin itself or the dollar equivalent.


Mexico Probes Miss Universe President Raul Rocha Over Alleged Criminal Links
Bitcoin Smashes $93K as Institutions Pile In – $100K Next?
Bolsonaro Blames Medication Mix-Up for Ankle Monitor Tampering as Detention Continues
FxWirePro- Major Crypto levels and bias summary
FxWirePro- Major Crypto levels and bias summary
Ethereum Ignites: Fusaka Upgrade Unleashes 9× Scalability as ETH Holds Strong Above $3,100 – Bull Run Reloaded
Netanyahu Seeks Presidential Pardon Amid Ongoing Corruption Trial
FxWirePro- Major Crypto levels and bias summary
Trump Vows Pardon for Former Honduran President as Honduras Faces Tight Election
Bristol Myers Faces $6.7 Billion Lawsuit After Judge Allows Key Shareholder Claims to Proceed
Chicago Rejects New Federal Violence Prevention Grants After Policy Shift
UN General Assembly Demands Russia Return Ukrainian Children Amid Ongoing Conflict




