IANAL but I’d expect the funds in the foundation/DAF to be fairly secure against bankruptcy or court proceedings. Bankruptcy courts can’t just claw back money arbitrarily from other creditors, and limited liability corporations provide significant protection for directors. However, I’d expect assets donated to FTX Foundation or associated DAFs to largely be held in-kind (again, this is speculation, but it’s standard practice for large philanthropic foundations) not liquidated for cash. These assets mark-to-market value are likely worth a lot less than they were a week ago.
Disclaimer: I do not work for FTX, and am basing this answer off publicly available information, which I have not vetted in detail.
Nick Beckstead in the Future Fund launch post described several entities (FTX Foundation Inc, DAFs) that funds will be disbursed out of: https://forum.effectivealtruism.org/posts/2mx6xrDrwiEKzfgks/announcing-the-future-fund-1?commentId=qtJ7KviYxWiZPubtY I would expect these entities to be sufficiently capitalized to provide continuity of operations, although presumably it’ll have a major impact on their long-run scale.
IANAL but I’d expect the funds in the foundation/DAF to be fairly secure against bankruptcy or court proceedings. Bankruptcy courts can’t just claw back money arbitrarily from other creditors, and limited liability corporations provide significant protection for directors. However, I’d expect assets donated to FTX Foundation or associated DAFs to largely be held in-kind (again, this is speculation, but it’s standard practice for large philanthropic foundations) not liquidated for cash. These assets mark-to-market value are likely worth a lot less than they were a week ago.