Claims Process FAQs
Am I a claimant / creditor?
We cannot provide you legal advice or make a determination as to whether you are a claimant/creditor. You are only considered a claimant/creditor in the case if you are owed money or property by a Receivership Entity.
What is a Proof of Claim form?
The Proof of Claim form is the document that must be completed by a creditor to assert a claim against the Receivership. For more information on the claims process, please visit our Claims Process section.
How do I submit a Proof of Claim form?
A properly completed and signed Proof of Claim Form, together with supporting documentation, must be timely submitted to the Receiver by emailing it to the Receiver at bkcoin@akerman.com.
Proof of Claim Forms submitted with a valid email address will receive email notification from the Claims Agent confirming receipt of the Proof of Claim.
Proofs of Claim should not be filed with the Court or sent by mail or any other method to the Receiver, his legal counsel, retained professionals, or otherwise delivered to the Receivership Entity, and any Proof of Claim so filed or sent will not be considered properly submitted.
If you reasonably believe you hold or may hold a Claim against one or more Receivership Entities, you must submit separate Proof of Claim Forms for each of the Receivership Entities against which you reasonably believe you hold or may hold a Claim. The failure to identify the correct Receivership Entity in the Proof of Claim form may be grounds for objection to, and disallowance of, such Proof of Claim.
Each submitted Proof of Claim shall include and attach documents that support the Proof of Claim. All documents supporting your claim should be submitted. Such documentation may include, but is not limited to: copies of personal checks, cashier’s checks, wire transfer advices, and other documents evidencing the investment of funds; copies of each signed investment contract; copies of all agreements, promissory notes, purchase orders, invoices; statements reflecting investment value like NAV statements; itemized statements of running accounts, contracts, court judgments, mortgages, security agreements, evidence of perfection of lien; Form 1099s, Schedule K-ls, or other similar tax forms related to any investment in, ownership of, or receipt of principal or interest from one of the Receivership Entities; and other documents evidencing the amount and basis of the claim. In addition, the Proof of Claim shall include a Form W-9, Form W-8, or other similar IRS form to confirm the Claimant’s name, address, and taxpayer identification number (TIN). Claimants are likewise encouraged to submit emails and other correspondence received from the Entities regarding representations as to the above-listed information or performance of the Claimant’s investment.
As applicable, supporting documentation must also include a chronological accounting of any withdrawals made by or payments received from any of the Receivership Entities, whether such payments were denominated as the return of principal, interest, commissions, finder’s fee, or otherwise, indicating the date and amount of each withdrawal or payment. Investors must include
such information starting from at least January 1, 2018 through February 24, 2023, including completion of the Investor Supplement to Proof of Claim Form, as applicable, which is attached as Exhibit A to the Proof of Claim Form. The Investor Supplement to Proof of Claim Form can also be obtained here.
Please include your name on every document that you submit and DO NOT SEND ORIGINAL DOCUMENTS.
Each Proof of Claim must satisfy certain minimum standards in order to establish a Claim and be eligible to receive a distribution pursuant to a Court approved distribution plan. Accordingly, the more directly relevant information a Proof of Claim provides, the easier it will be for the Receiver to validate the Proof of Claim.
If supporting documentation is not available, please attach an addendum to your Proof of Claim Form explaining why the documentation is not available.
Should I attach copies of supporting documents to the Proof of Claim form?
Yes. Claims that are submitted without appropriate supporting documents may be objected to and eventually disallowed.
I need help completing the Proof of Claim form. Can you help?
The Receiver is not authorized to assist you with completing the Proof of Claim forms or providing you with legal advice. If you require further assistance in filling out the Proof of Claim form, you may wish to contact legal counsel.
What is the process once my proof of claim is filed?
Once the proofs of claim are filed, the Receiver will review them to confirm whether they have been properly completed and whether the records of the Receivership Entities support each claim. Distribution on claims with which the Receiver is in agreement will be paid pursuant to a distribution plan that will be ordered by the Court at a future date, following the conclusion of the claims process. This process normally takes several months but can also last longer. For more information on claims and the status of the Receivership, please visit the website at: https://bkcoinreceivership.com/
I already filed a proof of claim and now I need to amend it or make changes to it, how do I do that?
To amend or make changes to an already filed proof of claim form, you need to complete and submit a new proof of claim form.
Complete the form and be sure to check the box that reads “Check this box if this claim amends a previously filed claim.” Please include the date the previous claim was filed.
What is the deadline to file claims?
On January 7, 2025, the United States District Court for the Southern District of Florida (the “Court”) entered an Order in the above-captioned case (the “Bar Date Order”) establishing April 7, 2025, at 11:59 p.m. (prevailing Eastern Time) as the deadline (the “Claims Bar Date”) for Claimants to submit a completed and signed Proof of Claim Form under penalty of perjury, together with supporting documentation (a “Proof of Claim”), against the Receivership Entities in the above-captioned case.”
The Court has approved a procedure for each person or entity who believes he, she, or it may have a claim against any Receivership Entity. If you believe you may have a claim arising out of or in any way related to the acts, conduct, or activities of the Receivership Entities, you MUST submit a Proof of Claim. The Proof of Claim Form must be received by the on or before April 7, 2025, at 11:59 p.m. (prevailing Eastern Time).
Do I need to submit a proof of claim? Who should submit a proof of claim?
A Notice of Claims Bar Date and Procedures for Submitting a Proof of Claim (the “Notice”) is being sent to many individuals and entities that have had some relationship or have done business with the Receivership Entities. The fact that a person or entity received a notice does not necessarily mean the recipient has a Claim, or that the Court or the Receiver believes the recipient has a Claim against one of the Receivership Entities or the Receivership Estate.
Except as otherwise provided by the court, ALL individuals and entities (including, without limitation, partnerships, corporations, joint ventures, estates, trusts, and governmental units or authorities) that believe they possess a Receivership Entity-Related Claim, a potential or claimed right to payment, or a potential claim of any nature, against any of the Receivership Entities and believe that they are owed money by, or are entitled to a distribution from, the Receivership Estate must submit a Proof of Claim.
I am an investor in one of the Receivership Entities. What supporting documentation do I need to provide?
Investors in one of the Receivership Entities who wish to submit a Proof of Claim should also fill out and submit the Investor Supplement to Proof of Claim Form, which is attached to the Proof of Claim Form as Exhibit A.
Additionally, each submitted Proof of Claim shall include and attach documents that support the Proof of Claim. Such documentation may include, but is not limited to: copies of personal checks, cashier’s checks, wire transfer advices, and other documents evidencing the investment of funds; copies of each signed investment contract; copies of all agreements, promissory notes, purchase orders, invoices, itemized statements of running accounts, contracts, court judgments, mortgages, security agreements, evidence of perfection of lien; Form 1099s, Schedule K-1s, or other similar tax forms related to any investment in, ownership of, or receipt of principal or interest from one of the Receivership Entities; and other documents evidencing the amount and basis of the Claim. A summary may also be included. Please attach a copy of any power of attorney, death certificate, or other authorizing documents as needed.
As applicable, supporting documentation must also include a chronological accounting of any withdrawals made by or payments received from any of the Receivership Entities, whether such payments were denominated as the return of principal, interest, commissions, finder’s fee, or otherwise, indicating the date and amount of each withdrawal or payment.
In addition, the Proof of Claim shall include a Form W-9, Form W-8, or other similar IRS form to confirm the Claimant’s name, address, and taxpayer identification number (TIN).
Please include your name on every document that you submit.
I invested through multiple Receivership Entities. May I submit one claim for all of my investments, or do I need to submit multiple claims?
If you invested through more than one Receivership Entity, you should file a separate claim for each of the Receivership Entities, indicating the appropriate Receivership Entity on each Proof of Claim Form.
How can I update my address or e-mail address on file? I keep receiving mail at the wrong address. How do I change it?
You may update your contact information by completing a Change of Information Form, and providing it to the Receiver’s office, along with a legible scan of your valid government issued photo identification (such as a Driver’s License or Passport), by email to BKCoin@akerman.com.
A link to a downloadable and printable Change of Information Form that you can complete by hand is available here.