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![Granting preliminary relief will result in far greater harm to the nonmoving party. The balance of equities weighs in favor of refusing to enforce or extend the stay. Alienating this property from Emergent will render it inaccessible to Mr. Bankman-Fried, who is presently facing potential criminal liability. Mr. Bankman-Fried requires some of these funds to pay for his criminal defense. “[A] financial inability to defend oneself has serious consequences, and is irreparable.” In re Adelphia Commc'ns Corp., 323 B.R. 345, 374 (Bankr. S.D.N.Y. 2005); see also Ridder v. Cityfed Fin. Corp., 47 F.3d 85, 87 (3d Cir. 1995) (finding that irreparable harm would result if legal fees were not advanced); Cox v. Fletcher Allen Health Care, No. 2:05- CV-180, 2005 WL 2457632, at *2 (D. Vt. Oct. 5, 2005) (“the withholding of costs necessary to an adequate criminal defense can constitute irreparable harm.”). Conversely, the FTX Debtors face only the possibility of economic loss.](https://pbs.twimg.com/media/FlxCO0UXwAAozX3.jpg?name=orig)
ALT Granting preliminary relief will result in far greater harm to the nonmoving party. The balance of equities weighs in favor of refusing to enforce or extend the stay. Alienating this property from Emergent will render it inaccessible to Mr. Bankman-Fried, who is presently facing potential criminal liability. Mr. Bankman-Fried requires some of these funds to pay for his criminal defense. “[A] financial inability to defend oneself has serious consequences, and is irreparable.” In re Adelphia Commc'ns Corp., 323 B.R. 345, 374 (Bankr. S.D.N.Y. 2005); see also Ridder v. Cityfed Fin. Corp., 47 F.3d 85, 87 (3d Cir. 1995) (finding that irreparable harm would result if legal fees were not advanced); Cox v. Fletcher Allen Health Care, No. 2:05- CV-180, 2005 WL 2457632, at *2 (D. Vt. Oct. 5, 2005) (“the withholding of costs necessary to an adequate criminal defense can constitute irreparable harm.”). Conversely, the FTX Debtors face only the possibility of economic loss.
