郭文贵破产案 · ORDER · ECF #1228-2

## **EXHIBIT B**

UNITED STATES BANKRUPTCY COURT DISTRICT OF CONNECTICUT BRIDGEPORT DIVISION In Re \* Case No. 22-50073 (JAM) \* HO WAN KWOK, \* Bridgeport, Connecticut \* September 6, 2022 Debtor. \* \* \* \* \* \* \* \* \* \* \* \* \* \* \* \* \* \* TRANSCRIPT OF MOTION FOR ORDER PROVIDING THAT CONTROL OF PRIVILEGES PASSED TO TRUSTEE UPON APPOINTMENT AND FOR RELATED RELIEF BEFORE THE HONORABLE JULIE A. MANNING UNITED STATES BANKRUPTCY JUDGE APPEARANCES: For the Debtor, ERIC HENZY, ESQ. HK International and AARON ROMNEY, ESQ. Mei Guo: Zeisler & Zeisler, P.C. 10 Middle Street, 15th Floor Bridgeport, CT 06604 For the Creditor, Pacific PETER FRIEDMAN, ESQ. Alliance Asia Opportunity O'Melveny & Myers LLP Fund L.P.: Times Square Tower 7 Times Square New York, NY 10036 ANNECCA SMITH, ESQ. Robinson & Cole 28 Trumbull Street Hartford, CT 06103 Proceedings recorded by electronic sound recording, transcript produced by transcription service. **Fiore Reporting and Transcription Service, Inc. 4 Research Drive, Suite 402 Shelton, Connecticut 06484 (203)929-9992**

APPEARANCES: (Cont'd) For the Creditors Committee: IRVE GOLDMAN, ESQ. Pullman & Comley 850 Main Street Bridgeport, CT 06601 For the U.S. Trustee: HOLLEY CLAIBORN, ESQ. Office of the United States Trustee The Giaimo Federal Building 150 Court Street, Room 302 New Haven, CT 06510 For the Chapter 11 NICHOLAS BASSETT, ESQ. Trustee: Paul Hastings LLP 200 Park Avenue New York, NY 10166 PATRICK R. LINSEY, ESQ. Neubert, Pepe & Monteith, P.C. 195 Church Street, 13th Floor New Haven, CT 06510 Chapter 11 Trustee: LUC A. DESPINS, ESQ. Paul Hastings LLP 200 Park Avenue New York, NY 10166

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Ho Wan Kwok - September 6, 2022 49 this order because this order is designed to prevent the debtor from doing that.

Another bucket I think that could exist that could generate future disputes as to privileged communications is that, as we've made clear in our order, you know, there are carve outs designed to address specifically the concerns that the debtor has raised concerning privileged communications that relate to criminal allegations that have been made against him or that relate to his asylum application. And I'm happy to and I'm prepared to walk through our changes in more detail.

But, again, if the debtor were to assert a privilege over those documents on a privilege log, then we could be back before the Court disputing those privileges because the point of the order is to reserve all rights with respect to those privileges.

It could be that the debtor asserts a privilege over criminal allegations. Then, you know, we would argue that there's a crime fraud exception and we would otherwise argue that the document is just not privileged. So that could be back before the Court.

But to answer the Court's question, if this order is entered, it does resolve what we are asking the Court to do today.

And, again, Your Honor, what we filed was a copy

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Ho Wan Kwok - September 6, 2022 68 out anything with regard to the asylum issue, anything with regard to these alleged tort issues and, obviously, with regard to the Fifth Amendment. I mean, he was -- he's not asserting and never has asserted that he's going to exercise that right. MR. ROMNEY: Yeah. Well, there is a discrepancy, as I read the orders on the -- what I would describe as tort issue. THE COURT: Well, I -- I mean -- MR. ROMNEY: Yeah. THE COURT: -- I'm talking about the allegations of rape and things like that. I don't know what those are about, but that's what's been put forth, right, in this -- in the record of this case. Before the trustee was even appointed there were people that said that they -- these causes of action were out there. Those creditors filed motions in this case. They said a lot of things, obviously, none of which have been substantiated in this court at this point and maybe never will be. Okay? So that's what I'm talking about when I'm talking -- I'm talking about some of the alleged very difficult to discuss torts, not, you know, if there was some other -- like maybe you claimed the -- I don't even know. As you know, I didn't read the UBS complaint. Is

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| | Ho Wan Kwok - September 6, 2022<br>76 | |----|--------------------------------------------------------------| | 1 | Second Circuit authority on this question -- but I do think, | | 2 | as we tried to marshal in our papers and talk about at last | | 3 | week's hearing, there are many bankruptcy cases out there | | 4 | that have tried to address the issue of the individual | | 5 | privileges passing to a trustee in the wake of Weintraub. | | 6 | And I think the overwhelming majority of those | | 7 | cases and the clear trend of the case law is to say that the | | 8 | trustee passes when the privilege relates to efforts by the | | 9 | trustee to identify estate assets, to investigate the | | 10 | debtor's financial condition, and certainly with respect to | | 11 | any post-petition matters affecting the administration of | | 12 | his estate prior to the appointment of a trustee. | | 13 | And that is exactly how we tried to craft our | | 14 | revised proposed order is to track those categories in that | | 15 | weight of the case law and then to also make clear to | | 16 | address the debtor's concerns that he is still able to | | 17 | assert privileges over documents related to criminal | | 18 | allegations or to his asylum application but are not related | | 19 | to those four -- to those three categories that I just | | 20 | mentioned. | | 21 | So to address the particular comment that Attorney | | 22 | Romney made, I think he said, you know, there may be a | | 23 | document that talks about estate assets, but it also, you | | 24 | know, is a privileged communication related to criminal | | 25 | allegations against the debtor, you know, that have been |

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Ho Wan Kwok - September 6, 2022 108 communications with Brown Rudnick when he was a debtor-in- possession, there's no debate in the case law that we have access to that. It's narrow. It's a demonstration of the case. And he was acting as a fiduciary, not in his own capacity. And he was getting -- you know, shame on Brown Rudnick if they were giving him advice on his personal situation. They were giving advice to him as a debtor-in-possession. And that's fundamental, Your Honor.

So the balancing -- you're doing the balancing. You're doing it on a category-by-category document with some very specific carve outs regarding the -- what do we call the crime, I want to be precise about this, although it's unfortunate, but the rape and confinement allegations carved out, the asylum issue carved out, you're doing the balancing.

And courts, that's the way they've done it, by categories of documents. Where courts have been reversed, the only circuit court that reversed, and in that case, it's the same as here, where both sides agreed there should be a balancing test, is that the Court did not look at any documents or any category of documents.

And here the Court has right in front of it the very narrow categories that we're raising. And on that basis you have the power to do this.

THE COURT: Okay. Anything further from anyone

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| | Ho Wan Kwok - September 6, 2022<br>110 | |----|------------------------------------------------------------| | 1 | hearing today on the Kwok matter. | | 2 | MR. BASSETT:<br>Thank you, Your Honor. | | 3 | THE COURT:<br>Thank you. | | 4 | (Proceedings concluded at 3:31 p.m.) | | 5 | I, CHRISTINE FIORE, Certified Electronic Court | | 6 | Reporter and Transcriber, certify that the foregoing is a | | 7 | correct transcript from the official electronic sound | | 8 | recording of the proceedings in the above-entitled matter. | | 9 | | | 10 | | | 11 | September 14, 2022 | | 12 | Christine Fiore, CERT | | 13 | | | 14 | | | 15 | | | 16 | | | 17 | | | 18 | | | 19 | | | 20 | | | 21 | | | 22 | | | 23 | | | 24 | | | | | | | |