--- type: court_doc id: "court_ctb_1247_1" court: "CTB" case_no: "22-50073" doc_number: 1247 doc_type: "ORDER" filed_date: "2022-12-16" lang: "zh" url: "https://mubeitech.com/court/court_ctb_1247_1" json_url: "https://mubeitech.com/api/court/court_ctb_1247_1" --- # | | Case 22-50073 Doc 1247-1 Filed 12/16/22 Entered 12/16/22 15:54:40 Page 1 of | | > 原始法庭文件为英文；下方为英文全文，顶部为中文摘要。 | | Case 22-50073 Doc 1247-1 Filed 12/16/22 Entered 12/16/22 15:54:40 Page 1 of | | |--|------------------------------------------------------------------------------------------|--| | | | | ### UNITED STATES BANKRUPTCY COURT DISTRICT OF CONNECTICUT BRIDGEPORT DIVISION | | 1 | | |------------------------|---|-------------------------| | | | | | In re: | | CHAPTER 11 | | | | | | HO WAN KWOK, et al., ' | | CASE NO. 22-50073 (JAM) | | | | | | Debtors. | | Jointly Administered | | | X | | ## DECLARATION OF GEORGE WESTON IN SUPPORT OF GENEVER HOLDINGS CORPORATION APPLICATION FOR ENTRY OF ORDER, PURSUANT TO BANKRUPTCY CODE SECTIONS 327, 328, AND 330, BANKRUPTCY RULES 2014 AND 2016, AND LOCAL BANKRUPTCY RULES 2014-1 AND 2016-1, AUTHORIZING AND APPROVING RETENTION AND EMPLOYMENT OF EMPLOYMENT OF HARNEY WESTWOOD AND RIEGELS LP, AS DEBTOR'S BRITISH VIRGIN ISLANDS COUNSEL I, George Weston, being duly sworn, do depose and say: 1. I am a Partner employed in the Corporate department of Harney Westwood & Riegels LP ("Harneys"), Craigmuir Chambers, Road Town, Tortola, British Virgin Islands ("BVI"), and I make this declaration in support of the Debtor's Application for Entry of Order, Pursuant to Sections 327, 328, and 330 of the Bankruptcy Code, Bankruptcy Rules 2014 and 2016, and Local Bankruptcy Rules 2014-1 and 2016-1, Authorizing and Approving Retention and Employment of Harneys as Debtor's BVI Counsel in the above-captioned chapter 11 case (the "Chapter 11 Case") of Genever Holdings Corporation (the "Debtor"). 2. Harneys is a global offshore law firm that maintains an office in the British Virgin Islands. Harneys was founded in 1960 and has a widely diversified practice including dispute I The Debtors in these chapter 11 cases are Ho Wan Kwok (also known as Guo Wengui, Miles Guo, and Miles Kwok, as well as numerous other aliases) (last four digits of tax identification number: 9595), Genever Holdings LLC (last four digits of tax identification number: 8202) and Genever Holdings Corporation. The mailing address for the Trustee, Genever Holdings LLC, and the Genever Holdings Corporation is Paul Hastings LLP, 200 Park Avenue, New York, NY 10166 c/o Luc A. Despins, as Trustee for the Estate of Ho Wan Kwok (solely for purposes of notices and communications). resolution, corporate and commercial law, private wealth, funds, banking and finance and regulatory and tax. 3. Harneys has expertise in practice areas including corporate law, insolvency, restructuring, fraud, arbitration, bankruptcy, investigations, corporate crimes and fraud, corporate and commercial litigation matters. Harneys is well suited for the type of representation required by the Debtor. Its BVI office includes more than forty attorneys. Harneys has substantial resources and expertise in the areas of the law that may arise in this case. 4. Harneys Corporate Services Limited ("Harneys Corporate") serves as registered agent to the Debtor, and Claire Abrehart, who is the sole director of the debtor is a Managing Director of Harneys Corporate. Although operationally independent, Harneys Corporate and Harneys share common ultimate ownership and certain partners in Harneys are also directors of Harneys Corporate (although I am not one of those partners). 5. Harneys has specific and relevant experience in the representation of liquidators and trustees including trustees in bankruptcy proceedings and have provided advice on complex and litigious (and potentially litigious) issues that arise in the course of the administration of trusts and regularly appear before the British Virgin Islands courts. Harneys has experience with liaising and working cooperatively with overseas lead counsel by assisting with compliance with BVI rules and procedures, attending to routine and administrative matters as they arise, and otherwise providing services as may be required by lead counsel and in the best interests of its clients, all in a manner that promotes efficiency and avoids any unnecessary duplication of efforts by counsel. Considering the foregoing, Harneys is equipped to provide services as BVI counsel to the extent that the need arises. ### Case 22-50073 Doc 1247-1 Filed 12/16/22 Entered 12/16/22 15:54:40 Page 3 of 11 6. Harneys intends to apply to the Court for compensation for professional services rendered and for reimbursement of expenses incurred in connection with this Chapter 11 Case pursuant to sections 330 and 331 of the Bankruptcy Code, Bankruptcy Rule 2016, Local Bankruptcy Rule 2016-1, and any other applicable rules and orders with respect to this Chapter 11 Case. Harneys will charge the Debtor for its legal services on an hourly basis at its regularly applicable hourly rates in connection with the services required in this Chapter 11 Case. 7. work; \$400.00 - \$800.00 for associates and counsel; and up to \$1050.00 for partners of the firm. Harney's hourly rates are subject to periodic adjustments to reflect economic and other conditions.2 It is anticipated that Harneys services will primarily be provided by George Weston, whose hourly rate is \$850, Olga Osadchaya whose hourly rate is \$800 and Gerrard Tin, whose hourly rate is \$475.00. 8. Harneys will also bill for out-of-pocket expenses made on behalf of the Debtor, including photocopying, filing fees and international couriers, in accordance with practices in this District. 9. nor any member or associate thereof, represents professionally, or has any connection with, the 2 Harneys hourly rates are typically revised at the end of each calendar year to reflect experience, seniority, and standing. These step increases do not constitute "rate increases" (as the term is used in the Guidelines for Reviewing Applications for Compensation and Reimbursement of Expenses Filed Under 11 U.S.C. § 330 by Attorneys in Larger Chapter 11 Cases Effective as of November 1, 2013) (the "U.S. Trustee Guidelines"). As set forth in the Proposed Order, Harneys will provide ten business days' notice to the Debtor, the Assistant United States Trustee for the District of Connectiout (the "U.S. Trustee"), and counsel to the Committee and any other official committee, before implementing periodic increases, and shall file any such notice with the Court. Case 22-50073 Doc 1247-1 Filed 12/16/22 Entered 12/16/22 15:54:40 Page 4 of 11 Debtor, his creditors, any other party-in-interest, their respective attorneys and accountants, the United States Trustee, or any person employed in the Office of the United States Trustee. 10. I attach to this Declaration, as Schedule 1, a consolidated list of parties in interest in connection with the Debtor's chapter 11 case that includes: - a. parties listed as creditors, executory contract counterparties, and co-debtors on the Debtor's Schedules F, G, and H (ECF No. 1157); - parties listed on the Debtor's Statement of Financial Affairs ("SOFA") b. (ECF No. 1158), including (i) parties involved in litigation in which the Debtor is a party (SOFA Part 4, Question 9); - c. parties and counsel filing notice of appearances in the Debtor's chapter 11 case; and - the Court and personnel of the office of the United States Trustee. d. 11. Harneys maintains a computer database (the "Database") containing, inter alia, the names of all Harneys' current and former clients and, with respect to any engagement, adverse and related persons. I caused to be submitted to, and checked against, the Database all of the names listed on Schedule 1 (collectively, the "Interested Parties"). 1. Harneys has no relationship or connection with the Interested Parties, or, to the best of my knowledge, with any other creditor of the Debtor, except as noted below: - a. On August 31, 2022 [Docket No. 807], the Trustee filed its application to retain as BVI counsel to the Trustee, and Harneys continues to act as BVI counsel to the Trustee. - b. Harneys was previously the registered agent for Bravo Luck Limited, although it has served notice of its resignation from that position. The provision of registered agent services to Bravo Luck Limited does not d. A number of Interested Parties are law firms. Harneys Corporate and Harneys Legal have previously been involved in transactions where certain of these firms have been instructing counsel or were otherwise involved (this includes, without limitation, Brown Rudnik LLP, Bois Schiller, Baker Hosteler LLP, O'Melveny & Myers LLP, Paul Weiss). For the avoidance of doubt, such transactions were, as far as I am aware after reasonable inquiry, unrelated to the Debtor. 12. While Harneys has made a diligent effort to ascertain the identity of any connections or potential conflicts with interested parties, to the extent that any additional information comes to light, Harneys will review, disclose, and resolve any conflict or adverse interests that may appear. 13. Based on the foregoing, insofar as I have been able to ascertain based on the information currently available to me: (a) Harneys has no connection with the Debtor, its creditors, the U.S. Trustee, any person employed in the office of the U.S. Trustee, or any other party with an actual or potential interest in the Chapter 11 Case or their respective attorneys or accountants; and (b) neither Harneys nor any of its attorneys (i) is a creditor, equity security holder, or insider of the Debtor or his affiliates, (ii) has been, within two years before the Petition Date, a director, officer, or employee of the Debtor or his affiliates, or (iii) has any interest materially adverse to the interests of the Debtor's estate or any class of creditors or equity security holders by reason of any direct or indirect relationship to, connection with, or interest in the Debtor, or for any other reason. Therefore, I believe that Harneys is a "disinterested person" within the meaning of section 101(14) of the Bankruptcy Code, as modified by section 1107(b). #### Case 22-50073 Doc 1247-1 Filed 12/16/22 Entered 12/16/22 15:54:40 Paqe 7 of 11 14. Harneys does not believe that Appendix B of the U.S. Trustee Guidelines (the "Larger Case Guidelines") applies in this Chapter 11 Case, because the Debtor's petition does not list \$50 million or more in assets and \$50 million or more in liabilities. In particular, the Debtor estimated the value of his assets between \$50,001 and \$100,000. Nevertheless, Harneys intends to make a reasonable effort to comply with the U.S. Trustee's requests for information and additional disclosures set forth in the Larger Case Guidelines in connection with the interim and final fee applications to be filed in the Chapter 11 Case, but reserves all rights as to their relevance and substantive legal effect in connection with the Application for compensation in the Chapter 11 Case. 15. In the interest of providing maximum disclosure, and notwithstanding Harneys' position concerning the inapplicability of the Larger Case Guidelines, Harneys provides the following response to the request for information set forth in Paragraph D.1. of the Larger Case Guidelines: Question: Did you agree to any variations from, or alternatives to, your standard or customary billing arrangements for this engagement? Answer: No. Question: Do any of the professionals included in this engagement vary their rate based on the geographic location of the bankruptcy case? Answer: No. Question: If you represented the client in the 12 months prepetition, disclose your billing rates and material financial terms for the prepetition engagement, including any adjustments during the 12 months prepetition. If your billing rates and material financial terms have changed postpetition, explain the difference and the reasons for the difference. Answer: N/A. Harneys has not previously represented the Chapter 11 Trustee. Question: Has your client approved your prospective budget and staffing plan, and, if so, for what budget period? Answer: The Chapter 11 Trustee and Harneys have agreed to an hourly chargeout rate for one partner, one counsel and one associate for professional fees and have agreed that other members of the Harneys may assist from time to time as appropriate. Harneys have also agreed that they are willing to separately agree budgets for particular pieces of work 11 16. Harneys has neither shared nor agreed to share with any other person compensation received in these cases, except as is permitted by §504(b)(1) of the Bankruptcy Code. 17. Court approving the Harneys Retention Application: Allowance of any compensation for Harneys shall be limited to the extent of services actually performed, and expenses actually incurred, as attorney for the Chapter 11 Trustee Luc A. Despins, and shall not include compensation for the performance of any of the trustee duties that are generally performed by a Chapter 11 trustee without the assistance of an attorney. Pursuant to 28 U.S.C. § 1746, I declare under penalty of perjury that the above statements are true and correct. Dated: December 10, 2022, at Tortola, British Virgin Islands. 11 ## SCHEDULE 1 Schedule of Parties In Interest In Re Genever Holdings Corporation # 20 LARGEST UNSECURED CREDITORS Baker & Hostetler LLP Cheng Jian Wu Jian She Gaosheng Guo Hong Qi Qu Jian Gong Jun Chen aka Jonathan Ho Liehong Zhuang/Xiao Yan Zhu Logan Cheng Nan Tong Si Jian Ning Ye Pacific Alliance Asia Opportunity Fund Rui Ma Samuel Dan Nunberg Weican "Watson" Meng/Boxun Inc. Xiqiu "Bob" Fu Yan Zhao (listed twice) Yua Hua Zhu Shi Yua Hua Zhuang Shi Zheng ("Bruno") Wu and Yang Lan # DEBTOR, DEBTOR'S SUBSIDIARY, INDIVIDUAL DEBTOR, HIS FAMILY MEMBERS, AND CERTAIN RELATED ENTITIES Genever Holdings Corporation Ho Wan Kwok (aka Miles Gwok, Miles Guo And Wengui Guo) Hing Ch Ngok/Yue Qingzhi Qiang Guo Mei Guo/Mei Gui HK International Funds Investments (USA) Limited, LLC Bravo Luck Limited Genever Holdings LLC #### BANKRUPTCY JUDGE AND U.S. TRUSTEE PERSONNEL Honorable Julie A. Manning William Harrington Kim L. Mccabe Holley Claiborn Joseph H. Flamini Erin Hogan ## CREDITORS AAGV Limited Ace Decade Holdings Limited Alfa Global Ventures Limited Alfonso Global Limited Allied Capital Global Limited Anton Development Limited Baiqiao Tang a/k/a Tang Baiqiao Baker Hostetler LLP Steven Mackey Frank Marino Jennifer J. Morey Nicole Neely Sharon Warner John Gervais Beijing Bi Hai Ge Lin Yuan Lin Lu Hua, Ltd. Beijing Cheng Jian Wu Jian She Group, LTD. Beijing Fu Le Hong Ma Jian Zhu Zhuang Shi Gong Cheng, LTD. Beijing Zenith Holdings Co Case 22-50073 Doc 1247-1 Filed 12/16/22 Entered 12/16/22 15:54:40 Page 10 of Case 22-50073 Doc 1247-1 Filed 12/16/22 Entered 12/16/22 15:54:40 Page 11 of