What "Expunged" Actually Means
When the FTX Recovery Trust files an Omnibus Objection to a batch of claims and the court sustains it, those claims are marked "Expunged" — removed from the official creditor register.
This sounds like your claim is gone forever. It isn't. "Expunged" means the court issued an order based on the Trust's objection. But court orders can be challenged, modified, and vacated under Federal Rule of Bankruptcy Procedure 9024 (which incorporates Federal Rule of Civil Procedure 60(b)).
The most common reasons claims get expunged:
- No documentation submitted — you didn't respond to the Omnibus Objection notice
- Duplicate claim — you filed more than once for the same account
- Balance mismatch — the Trust couldn't verify your claimed amount against their records
- Missing KYC — identity never verified, claim couldn't be attributed to a real person
- Blockfolio / FTX App accounts — sub-accounts that weren't properly merged into the main portal
Can You Challenge an Expunged Claim?
Yes. The legal mechanism is a Motion to Vacate Judgment filed under Federal Rule of Bankruptcy Procedure 9024 / Rule 60(b). This asks the court to reconsider the order that expunged your claim.
Grounds for the motion typically include:
- Excusable neglect — you didn't receive proper notice of the Omnibus Objection (common for CIS creditors with email delivery issues)
- Newly discovered evidence — you have documentation proving your balance that wasn't available at the time
- Mistake — the Trust objected to your claim in error (balance calculation mistake, wrong entity matched)
The motion must be filed in the US Bankruptcy Court for the District of Delaware (Case No. 22-11068). You need a licensed Delaware bankruptcy attorney with CM/ECF access to file it.
The Reinstatement Process
Gather documentation
Compile everything proving your account balance: FTX deposit emails, exchange withdrawal records, screenshots of your FTX account balance, any FTX communications you received.
Find a Delaware bankruptcy attorney
You need someone admitted to the District of Delaware Bankruptcy Court with CM/ECF access. Upwork has paralegal specialists; boutique firms like delawarebankruptcyattorney.com handle FTX filings specifically.
File Rule 60(b) motion
Your attorney files a Motion to Vacate the Omnibus Objection order with supporting documentation. The Trust has an opportunity to respond.
Court ruling
If granted, your claim is reinstated to "Allowed" status. If denied, your documentation may still support a negotiated settlement with the Trust.
Receive distributions normally
Once reinstated and back to "Allowed," you proceed through the standard KYC and DSP selection process.
Costs and Realistic Expectations
| Cost Item | Range |
|---|---|
| Attorney retainer | $3,000 – $5,000 |
| Success fee (if reinstated) | 2–5% of claim value |
| Total for $50K claim | ~$4,000 – $7,500 |
| Timeline | 3–6 months, no guarantee |
| Success rate | Depends heavily on documentation quality |
For claims under $20,000, the economics often don't work — legal fees eat most of the potential recovery. For larger claims, reinstatement can be worth pursuing.
The Alternative: Sell the Expunged Claim
Expunged claims can be sold on the secondary market. The price is deeply discounted — typically 5–15% of face value — because the buyer is purchasing the right to pursue reinstatement themselves, which is uncertain and expensive.
Why would someone buy an expunged claim? Because if they successfully reinstate it, the upside is significant. Specialized buyers with legal teams already set up for Rule 60(b) motions can do this at scale more cheaply than an individual creditor could.
For you as the seller: you get cash immediately. No attorney fees, no 6-month wait, no uncertainty. The discount is steep, but the money is real and it arrives now.
Disputed Claims: A Related Category
"Disputed" is different from "Expunged." A Disputed claim means the Trust has filed an objection but the court hasn't ruled yet — there's still an active proceeding. You have time to respond with documentation and potentially resolve the dispute without reinstatement litigation.
If your claim shows "Disputed" on the Kroll portal, act immediately. File a response to the Omnibus Objection with documentation. Missing this deadline converts "Disputed" to "Expunged."
FAQ
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