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Celsius Gets Permission To Sell Mined Bitcoin; Claims Lenders Lining Up



The judge overseeing the Celsius Network CEL bankruptcy case on Tuesday gave the company permission to sell newly mined bitcoin after the exchange overcame opposition from unsecured creditors, though the ruling came over the continued objection of the U.S. Department of Justice.

Lawyers representing the exchange said it had potential lenders to provide bankruptcy financing, though it did not identify them. They also said Celsius wants to invest in increasing its crypto mining operation as a way to expand itself out of trouble, explaining why it has budgeted elevated capital spending even as it burns through its cash.

Celsius amended its proposal to specify that proceeds of sales of bitcoins generated by its mining rigs will be kept separate from the company’s cash management system, satisfying the creditors, many of whom are individual investors whose assets are tied up in the bankruptcy. Before approving the motion, Judge Martin Glenn expressed concern that the mining business is not profitable, and Shara Cornell, the U.S. Trustee representing DOJ interests, objected to the motion arguing that there is not enough clarity on the operation to approve it.

“What we’re really concerned with in this case is transparency and we don’t have that type of visibility into the mining operations,” Cornell said. “For example, we have no understanding at this point in time what the debtors’ utility-related costs are for running these mining rigs.”

As of its bankruptcy filing on July 13, the company’s Celsius Mining unit owned 43,623 operational rigs, generating around 14.2 bitcoin – about $339,919 at the current price – a day. That bitcoin was sold to fund business operations and pay off an intercompany loan to parent Celsius Network. Before the filing, Celsius Mining planned to expand to 120,000 rigs. The bitcoin sales will be used to complete the expansion plan and fund operations.


“We’re getting the business stood up,” said Ross Kwasteniet of Kirkland & Ellis, which represents Celsius. “We still have a lot of capital expenditure, but there is a plan that once the capital expenditures are done and the mining rigs are all operational that the company becomes very accretive.”

In 2021, Celsius Network mined 3,114 bitcoin worth $74 million at current prices. If the expansion plan goes to plan, Celsius expects to generate 15,000 bitcoin for 2023 worth $357 million today. Mining businesses are subject to bitcoin’s price volatility and there is no guarantee of profitability after making the investment.

Judge Glenn seemed particularly concerned with the $180 million of funds in custody accounts, which belong to users who did not agree to have their funds lent out with the promise of high returns, as opposed to Celsius earn account holders. Judge Glenn noted that many of the customer letters submitted to the court are from custody account holders, adding that he wants a resolution to the issue “sooner rather than later.”

The judge expressed concern that the custody accounts were created as recently as April of this year. He wants to be assured that Celsius employees and insiders with knowledge of the declining state of the business did not have an exclusive opportunity to transfer their funds from earn accounts to custody accounts.

The motion came in the second-day hearing of the case, the first chance lawyers for the company and its creditors had to square off in court. Josh Sussberg of Kirkland & Ellis said Celsius urgently needed funding to operate beyond October. He said multiple lenders are willing to provide debtor-in-possession financing, which would help the company navigate the bankruptcy process but would create a new creditor class senior to those that already exist.

“We are very focused on making sure we have liquidity, and I am pleased to report that we have multiple offers outstanding with several more likely coming in,” Sussberg said. “This will be a function of working with the [unsecured creditors] committee and coordinating with them to figure out the best way to finance the resolution of this case.”

Sussberg would not identify the potential lenders. A budget circulated earlier this week projected that the company will have spent its $130 million cash on hand plus $34 million more by the end of October. Celsius Network will have to come to an agreement on financing with the unsecured creditors before any actions can be taken.

The judge also took questions from individual unsecured creditors who expressed outrage and confusion over the loss of their funds. The court has received around 300 letters from Celsius customers affected by the bankruptcy proceedings.

“I feel very misled by this company who continuously told us that they had enough money in case there was a run on the bank and that they were more than liquid,” Steven Bralver, a customer who stated he has $50,000 USDC USDC in his Celsius account, shared. “I have less than $500 in my checking account right now and I can’t afford to keep a roof over my family’s head.”

Sussberg stated that Celsius Network’s priority is returning funds to customers. He pointed to a jump in bitcoin and etheruem’s respective prices since Celsius filed for bankruptcy in early July. Bitcoin BTC is up 20% since the filing date and Ether ETH eum 71%. He emphasized that Celsius plans to pay customers back in crypto assets, not fiat currency.

“I want to be crystal clear, Sussberg said, “the business plan and transactions we are contemplating would put all the value associated with the rise of crypto over the last several weeks directly back in our customers’ pockets.”

Tension sparked around a motion filed by Celsius requesting the company be able to sell “de minimis” assets valued between $300,000 and $4 million without prior court approval. The aim of the asset dispositions would be to provide liquidity for general operations, similar to the goal of the bitcoin sales. Cornell, the U.S. trustee, said Celsius Network was looking to sell up to $210 million worth of equities, which were not outlined in the request. “I don’t believe there has been transparency to what the debtors true intentions are with respect to what they’re deeming to be ‘de minimis’ assets,” Cornell said. Judge Glenn ordered Celsius Network to confer with the Trustee’s office and did not resolve the motion.

Cornell added that her office is considering the appointment of an examiner to explore “rampant transparency issues” in the Celsius case. Ultimately, Judge Glenn ruled in favor of the revised bitcoin sale motion because it is a business decision of the company.


Bonds See 2023 Recession, Stocks Aren’t So Sure



The yield curve is one of the most robust recession predictors and has signaled a recession may be coming since mid 2022. In contrast, U.S. stocks as measured by the S&P 500 are up materially from the lows of last October and only just below year-to-date highs, seemingly rejecting recession fears. Yet, fixed income markets see the Fed potentially cutting rates by the summer, perhaps reacting to a U.S. recession.

The Evidence From The Bond Markets

The recessionary evidence, at least from fixed income markets, is mounting. The 10 yield Treasury yield has been below the 2 year yield consistently since last July. That is is called an inverted yield curve and has signaled a recession fairly reliably when compared to other leading indicators.

Building on that, fixed income markets see almost a nine in ten chance that the Federal Reserve cuts rates by September of this year. That’s something the Fed has repeatedly said they won’t do on their current forecasts. Yet, a recession could cause it to happen.

The Stock Market

In contrast, the stock market shows some optimism. The S&P 500 is up 7% year-to-date as the market has shrugged off fears of contagion from recent banking issues. In particular, tech stocks have rallied.

In contrast, more defensive sectors such as healthcare, utilities and consumer goods have lagged in 2023. This suggests that the stock market is taking more of a ‘risk on’ position and is perhaps less worried about the economy.


That said the stock market is a leading indicator of the business cycle, it may be that stocks see a recession, but are now looking past it to growth ahead and are factoring in the lower discount rates that a recession might bring as interest rates decline. Also, the U.S. stock market is relatively global, so the fate of the U.S. economy is a key factor in driving profits, but not the only one.

What’s Next?

Monitoring unemployment data will be key. Though the yield curve is a good long-term forecaster of recessions it is less precise in signaling when a recession starts. Unemployment rates can offer more accurate recession timing. Unemployment edged up in February, suggesting a recession may be near, but we’ve also seen monthly noise unemployment. Two similar monthly unemployment spikes during 2022 both proved false alarms.

However, if we see a sustained move up in unemployment from the low levels of 2022 that may be a relatively clear sign that a recession is here. Economist Claudia Sahm estimates that a sustained 0.5% increase in unemployment rate from 12-month lows is sufficient to trigger a recession. Unemployment rose 0.2% from January to February 2023, so maybe we’re on the way there. Of course, the jobs market performed better than expected in 2022 and it could do so again. Still, fixed income markets do suggest a 2023 recession is coming. Stock markets don’t necessarily share that view.

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Which States Have The Highest And Lowest Life Expectancies?



There’s a wide variance of life expectancies among the 50 states in the U.S., according to a recent report prepared by Assurance, an insurance technology platform that helps consumers with decisions related to insurance and financial well-being.

Figure 1 below shows the 10 states with the highest life expectancy, starting with Hawaii, the state with the highest life expectancy.

Figure 2 below shows the 10 states with the lowest life expectancy, starting with Mississippi, the state with the lowest life expectancy.

Assurance scoured life expectancy data prepared in January 2023 by the U.S. Centers for Disease Control and Prevention (CDC). With this data, Assurance created several easy-to-understand graphics that offer information about life expectancies.

Life expectancies are a basic measure of well-being

As measured by the CDC, life expectancies are a basic measurement of well-being in a broad population and not a prediction of how long an individual might live. The CDC measures the expected lifespan for a person born in the year of measurement. This measurement is calculated based on the assumption that the individual will live and die according to the rates of death that are prevalent in the measurement year for each age. There’s no assumed improvement or backsliding in the assumed mortality rates in future years for each age in the life expectancy calculation.


By contrast, an estimated lifespan for an individual would consider their current age, their gender, and some basic lifestyle information. It might also attempt to project future improvements or backsliding in mortality rates based on key factors.

Significant influences on life expectancy calculations

Leading causes of death in the U.S. are heart disease, cancer, and accidents in that order. These immediate causes are significantly influenced by factors in the population such as poverty rates, educational attainment, rates of obesity and smoking, access to healthcare, prevalence of violent crime, and the support people receive from federal, state, and local governments. All these factors can vary widely among different states, which can be a key reason why life expectancies vary by state.

When you think about it, all these factors also have the potential to influence a person’s quality of life. The measured life expectancy rate rolls up all these factors into one objective measurement of well-being that’s based on population data.

In addition to the factors listed above, mortality rates increased and life expectancies decreased in the past few years due to the Covid-19 pandemic. A recent article titled “Live Free And Die” summarized recent research results that show that life expectancies in most countries around the world rebounded after the Covid-19 pandemic but that they continued to decline in the United States. Many of the reasons cited in the article for the continued decline in U.S. life expectancies are the same or similar to the factors listed above.

NPR‘Live free and die?’ The sad state of U.S. life expectancy

Why should retirees care about the life expectancies reported here if these measures don’t predict your own lifespan? Life expectancy calculations indicate the general well-being of the entire population in your area. While the living conditions in your area can influence your own lifespan and quality of life, retirees should focus on their remaining life expectancy given their age. They should also consider how the factors listed above that influence life expectancies in the population might apply to them.

You can obtain customized estimates of your remaining life expectancy at the Actuaries Longevity Illustrator. Part of your planning for retirement is understanding how long you an an individual might live, instead of relying on generalized information about larger populations you see in the media.

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IRS Dirty Dozen Campaign Warns Taxpayers To Avoid Offer In Compromise ‘Mills’



Owing taxes can be stressful. Unfortunately, the actions of some companies can make it worse. As part of its “Dirty Dozen” campaign, the IRS has renewed a warning about so-called Offer in Compromise “mills” that often mislead taxpayers into believing they can settle a tax debt for pennies on the dollar—while the companies collective excessive fees.

Dirty Dozen

The “Dirty Dozen” is an annual list of common scams taxpayers may encounter. Many of these schemes peak during tax filing season as people prepare their returns or hire someone to help with their taxes. The schemes put taxpayers and tax professionals at risk of losing money, personal information, data, and more.

(You can read about other schemes on the list this year—including aggressive ERC grabs here, phishing/smishing scams here and charitable ploys here.)

Tax Debt Resolution Schemes

“Too often, we see some unscrupulous promoters mislead taxpayers into thinking they can magically get rid of a tax debt,” said IRS Commissioner Danny Werfel.

“This is a legitimate IRS program, but there are specific requirements for people to qualify. People desperate for help can make a costly mistake if they clearly don’t qualify for the program. Before using an aggressive promoter, we encourage people to review readily available IRS resources to help resolve a tax debt on their own without facing hefty fees.”


Offers In Compromise

Legitimate is a key word. Offers in Compromise are an important program to help people who can’t pay to settle their federal tax debts. But, as the IRS notes, these “mills” can aggressively promote Offers in Compromise—OIC—in misleading ways to people who don’t meet the qualifications, frequently costing taxpayers thousands of dollars.

An OIC allows you to resolve your tax obligations for less than the total amount you owe. You generally submit an OIC because you don’t believe you owe the tax, you can’t pay the tax, or
 exceptional circumstances exist.

Because of the nature of the OIC—and the dollars involved—the process can be time-consuming. It can also be confusing for taxpayers who may not have a complete grasp on their finances.

First, you must complete a detailed application, Form 656, Offer in Compromise. You must also submit Form 433-A, Collection Information Statement for Wage Earners and Self-Employed Individuals, or Form 433-B, Collection Information Statement for Businesses, with supporting documentation (generally, bank and brokerage statements and proof of expenses).

You’ll also need to submit a non-refundable fee of $205 and payment made in good faith. The payment is typically 20% of the offer amount for a lump sum cash offer or the first month’s payment for those made over time. Generally, initial payments will not be returned but will be applied to your tax debt if your offer is not accepted. Payments and fees may be waived if the OIC is submitted based solely on the premise that you do not owe the tax or if your total monthly income falls at or below income levels based on the Department of Health and Human Services (DHSS) poverty guidelines.

The IRS will examine your application and decide whether to accept it based on many things, including the total amount due and the time remaining to collect under the statute of limitations. The IRS will also review your income—including future earnings and accounts receivables—and your reasonable expenses, as determined by their formula. The IRS will also consider the amount of equity you have in assets that you own—this would include real property, personal property (like automobiles), and bank accounts.


Before your offer can be considered, you must be compliant. That means you must have filed all your tax returns and paid off any liabilities not subject to the OIC. After you submit your offer, you must continue to timely file your tax returns, and pay all required tax, including estimated tax payments. If you don’t, the IRS will return your offer.

Additionally, you cannot currently be in an open bankruptcy proceeding, and you must resolve any open audit or outstanding innocent spouse claim issues before you submit an offer.


You can probably tell—it’s a lot to consider. You may want representation. A tax professional can help marshal you through the process and offer practical guidance, while communicating what fees could look like.

By contrast, according to the IRS, an OIC “mill” will usually make outlandish claims, frequently in radio and TV ads, about how they can settle a person’s tax debt for cheap. Also telling: the fees tend to be significant in exchange for very little work.

Those mills also knowingly advise indebted taxpayers to file an OIC application even though the promoters know the person will not qualify, costing taxpayers money and time. You can check your eligibility for free using the IRS’s Offer in Compromise Pre-Qualifier tool.

“Pennies On A Dollar”

What about those promises that taxpayers can routinely settle for pennies on a dollar? Not true. Generally, the IRS will not accept an offer if they believe you can pay your tax debt in full through an installment agreement or equity in assets, including your home. That’s why the IRS tends to reject a majority of OICs that are submitted. The acceptance rate is less than 1 in 3, according to the 2021 Data Book.

The IRS will generally approve an OIC when the amount offered represents the best opportunity for the IRS to collect the debt. It’s true that there’s a formula that the IRS uses to figure out how much they think they can collect from you. But there is some wiggle room to account for special circumstances, including a loss of income or a medical condition. It’s worth noting those are the exceptions, not the rule.


While submitting an OIC may keep the IRS from calling you, it doesn’t stop all collections activities—don’t believe companies that suggest that submitting an OIC will make your tax debt disappear. Penalties and interest will continue to accrue on your outstanding tax liability. Additionally, the IRS may keep your tax refund, including interest, through the date the IRS accepts your OIC.

You may also be liened. In most cases, the IRS will file a Notice of Federal Tax Lien to protect their interests, and the lien will generally stay in place until your tax obligation is satisfied.

Be Skeptical

An OIC is a serious effort to resolve tax debt and shouldn’t be taken lightly. Be skeptical—if it sounds too good to be true, it likely is. If you’re considering an OIC, hire a competent tax professional who understands the rules and is willing to level with you about your chances of being successful—including other options. Don’t fall into a trap that can make your situation worse.

MORE FROM FORBESIRS Urges Those Hoping To Help To Beware Of Scammers Using Fake Charities

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