---
type: court_doc
id: "court_ctb_1270_0"
court: "CTB"
case_no: "22-50073"
doc_number: 1270
doc_type: "ORDER"
filed_date: "2022-12-29"
lang: "zh"
url: "https://mubeitech.com/court/court_ctb_1270_0"
json_url: "https://mubeitech.com/api/court/court_ctb_1270_0"
---
# UNITED STATES BANKRUPTCY COURT DISTRICT OF CONNECTICUT BRIDGEPORT DIVISION In Re \* Case No. 22-50073 (JAM) \* HO WAN KW



> 原始法庭文件为英文；下方为英文全文，顶部为中文摘要。

UNITED STATES BANKRUPTCY COURT DISTRICT OF CONNECTICUT BRIDGEPORT DIVISION In Re \* Case No. 22-50073 (JAM) \* HO WAN KWOK, GENEVER HOLDINGS \* Bridgeport, Connecticut CORPORATION and GENEVER \* December 13, 2022 HOLDINGS, LLC, \* \* Debtor. \* \* \* \* \* \* \* \* \* \* \* \* \* \* \* \* \* \* TRANSCRIPT OF APPLICATION TO EMPLOY PAUL WRIGHT AS BARRISTER IN UNITED KINGDOM APPLICATION OF CHAPTER 11 TRUSTEE 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 PAUL WRIGHT AS BARRISTER IN UNITED KINGDOM BEFORE THE HONORABLE JULIE A. MANNING UNITED STATES BANKRUPTCY JUDGE APPEARANCES: For the Debtor, Mei Guo STEPHEN KINDSETH, ESQ. and HK USA: Zeisler & Zeisler, P.C. 10 Middle Street, 15th Floor Bridgeport, CT 06604 For the Chapter 11 Trustee: PATRICK LINSEY, ESQ. Neubert Pepe & Monteith, PC 195 Church Street New Haven, CT 06510 Chapter 11 Trustee: LUC A. DESPINS, ESQ. Paul Hastings LLP 200 Park Avenue New York, NY 10166 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 Creditor, Pacific ANNECCA SMITH, ESQ. Alliance Asia Opportunity Robinson & Cole Fund L.P.: 28 Trumbull Street Hartford, CT 06103

For the U.S. Trustee: HOLLEY L. CLAIBORN, ESQ. Office of the United States Trustee The Giaimo Federal Building 150 Court Street, Room 302 New Haven, CT 06510

2

Case 22-50073 Doc 1270 Filed 12/29/22 Entered 12/29/22 12:05:00 Page 3 of 18

Ho Wan Kwok - December 13, 2022 3 (Proceedings commenced at 11:04 a.m.) THE COURTROOM DEPUTY: Case No. 22-50073, Ho Wan Kwok, Genever Holdings Corporation and Genever Holdings, LLC. THE COURT: Okay. Good morning. If we could have appearances for the record, starting with the Chapter 11 Trustee, please. MR. DESPINS: Good morning, Your Honor. Luc Despins, Chapter 11 Trustee. THE COURT: Good morning. MR. LINSEY: Good morning, Your Honor. Patrick Linsey for the Trustee. THE COURT: Good morning. MS. SMITH: Good morning, Your Honor. Annecca Smith, Robinson & Cole, for PAX. THE COURT: Good morning. MR. KINDSETH: Good morning, Your Honor. Stephen Kindseth, Zeisler & Zeisler, for the debtor as well as Ms. Mei Guo and HK USA. THE COURT: Good morning. All right. On the calendar today is the -- sorry, did I do something wrong? Oh, Attorney Claiborn. I'm sorry. MS. CLAIBORN: Good morning, Your Honor. Holley Claiborn appearing on Zoom on behalf of the United States

Case 22-50073 Doc 1270 Filed 12/29/22 Entered 12/29/22 12:05:00 Page 4 of 18

Ho Wan Kwok - December 13, 2022 4 Trustee. THE COURT: Good morning. Sorry about that. I knew you were there, but for some reason I didn't take your appearance so I apologize. All right. So, Mr. Despins, this is your application to employ Paul Wright as a barrister in the United Kingdom. And we set this for a hearing. And I didn't see that any objection to your application was filed, or I should say in the affirmative there was no objection filed that I saw, correct? MR. DESPINS: That's correct, Your Honor. THE COURT: Okay. So how are we proceeding today? MR. DESPINS: Just, you know, a two-second presentation. THE COURT: Okay. Go right ahead. MR. DESPINS: So, Your Honor, this is the motion of the trustee to retain Mr. Wright as a barrister. I know you know this, but just for the record, you know, barristers in England are the ones who actually argue in court rather than solicitors, and we needed that because we filed a motion to have this proceeding recognized over there as a foreign proceeding which gives us all sorts of rights in terms of discovery and all that. And that was objected to by Ace Decade and Dawn State, so we now will have a contested hearing with Mr.

Case 22-50073 Doc 1270 Filed 12/29/22 Entered 12/29/22 12:05:00 Page 5 of 18

|    | Ho Wan Kwok - December 13, 2022<br>5                         |
|----|--------------------------------------------------------------|
| 1  | Wright handling the contested hearing some time next week.   |
| 2  | I forget the exact date.                                     |
| 3  | And I wanted to say we went to a very junior                 |
| 4  | barrister, not a King's Counsel, to save on fees.<br>And the |
| 5  | fee he's agreed to accept here is 3,000 pounds, which is     |
| 6  | very, very small considering the work that has to be done.   |
| 7  | And, you know, as Your Honor said, there were no             |
| 8  | objections filed so we would ask that Your Honor, if the     |
| 9  | order is acceptable to Your Honor, that Your Honor would     |
| 10 | approve this.                                                |
| 11 | The way it's going to work, and we say that in the           |
| 12 | application, is that Paul Hastings is going to pay his fees  |
| 13 | and seek reimbursement from the estate, but he will file an  |
| 14 | application in any event.                                    |
| 15 | In a sense, we're backstopping his -- he's not               |
| 16 | like us, taking this on a contingency.<br>He will be paid by |
| 17 | us regardless of what happens, but he will file an           |
| 18 | application with the Court in any event because essentially  |
| 19 | he is getting compensated, well, we hope, by the estate      |
| 20 | through Paul Hastings eventually.                            |
| 21 | THE COURT:<br>Understood.                                    |
| 22 | So I have reviewed the application.<br>I've reviewed         |
| 23 | his declaration, of Mr. Wright, that's also attached to the  |
| 24 | application.<br>The only thing I didn't focus on, and I'm    |
| 25 | going to right now, is just the proposed order.<br>I mean, I |
|    |                                                              |

Case 22-50073 Doc 1270 Filed 12/29/22 Entered 12/29/22 12:05:00 Page 6 of 18

|    | Ho Wan Kwok - December 13, 2022<br>6                           |
|----|----------------------------------------------------------------|
| 1  | looked at it, but I need to look at it again.<br>I didn't know |
| 2  | if there would be an objection so I didn't spend a lot of      |
| 3  | time on the -- on the proposed order I have to say.<br>So let  |
| 4  | me take another look at that.                                  |
| 5  | (Pause.)                                                       |
| 6  | THE COURT:<br>The only thing I noticed, and I don't            |
| 7  | know if it's a typographical error, in the beginning of the    |
| 8  | proposed order, it says upon the application of Chapter 11     |
| 9  | Trustee in the above-captioned case for authority to retain    |
| 10 | and employ Paul Wright as barrister in the United Kingdom      |
| 11 | for the Chapter 11 Trustee effective as of July 31, 2022,      |
| 12 | and then in the ordered paragraph it says effective as of      |
| 13 | November 1.                                                    |
| 14 | MR. DESPINS:<br>Yeah.<br>That is a typo, Your Honor.           |
| 15 | You're right.                                                  |
| 16 | THE COURT:<br>So it's November 1?                              |
| 17 | MR. DESPINS:<br>Yes.<br>Yes.<br>Because with the 30-day        |
| 18 | rule --                                                        |
| 19 | THE COURT:<br>Okay.<br>That's fine.                            |
| 20 | MR. DESPINS:<br>Yeah.                                          |
| 21 | THE COURT:<br>That's absolutely fine.                          |
| 22 | MR. DESPINS:<br>Yes.                                           |
| 23 | THE COURT:<br>I just wanted to make sure.                      |
| 24 | MR. DESPINS:<br>Yeah.<br>I'm sorry about that.                 |
| 25 | THE COURT:<br>That's not a problem.<br>We can change           |
|    |                                                                |

Case 22-50073 Doc 1270 Filed 12/29/22 Entered 12/29/22 12:05:00 Page 7 of 18

Ho Wan Kwok - December 13, 2022 7 it. So I'm asking the courtroom deputy, do you see where it says July? THE COURTROOM DEPUTY: Yes. THE COURT: Okay. So we're going to change that to November 1st. THE COURTROOM DEPUTY: Yes. THE COURT: Okay? THE COURTROOM DEPUTY: Yes. THE COURT: Otherwise the proposed order looks fine to me. Does anyone else wish to be heard? MR. KINDSETH: Nothing, Your Honor. MR. DESPINS: And I wanted to, just for the completeness of the record, I said the purpose of the recognition in the U.K. allows us to get discovery, but it's more than that. Also it's related to UBS litigation. This is a portal for us to have access to information in that case from the lawyers in the U.K., which they're contesting, but that's one of the reasons I wanted to make sure that the record was clear about that. THE COURT: I even think his declaration might have said something about that. MR. DESPINS: Okay. THE COURT: I'd have to go back and look, but that

Case 22-50073 Doc 1270 Filed 12/29/22 Entered 12/29/22 12:05:00 Page 8 of 18

Ho Wan Kwok - December 13, 2022 8 was my -- because it lists as parties that were, you know -- MR. DESPINS: Conflict, yeah. THE COURT: -- to provide to the Court, it lists UBS and -- MR. DESPINS: Yeah. THE COURT: In any event, I understand the reason that you're seeking to employ the barrister. I think it's reasonable. And you've supported it being necessary under the circumstances, the specific circumstances of this case. No one has filed any written objection to your application. There's no one participating in this hearing today that's objecting to your application. And, Attorney Claiborn, I think the U.S. Trustee's Office filed a statement of no objection, correct? MS. CLAIBORN: Yes, Your Honor. That statement is number 1219 on the docket. THE COURT: Okay. And the U.S. Trustee's Office, thank you, has filed a statement of no objection. For all those reasons, the application is granted and the proposed order with the minor change of the date noted on the record will enter. MR. DESPINS: Thank you, Your Honor. THE COURT: Okay. Thank you. MR. KINDSETH: Your Honor? THE COURT: Yes.

Case 22-50073 Doc 1270 Filed 12/29/22 Entered 12/29/22 12:05:00 Page 9 of 18

Ho Wan Kwok - December 13, 2022 9 MR. KINDSETH: Would you consider a joint report in a related matter? THE COURT: I don't know. Should I? MR. KINDSETH: It would be appreciated. THE COURT: You know, I'm not trying to be -- just that there's nothing on the docket. I will consider it, yes. MR. KINDSETH: Thank you. And so this pertains to the presently scheduled prejudgment remedy hearing scheduled to commence on January 9th. There's a scheduling order in place. This concerns the Lady May and the \$37 million escrow. My client's father passed away. THE COURT: I saw that. That's unfortunate. I'm sorry to hear that. MR. KINDSETH: Thank you very much. THE COURT: I think somebody put that in a pleading actually. MR. KINDSETH: Okay. And so -- THE COURT: That's the -- recently somebody said that. I don't know. MR. KINDSETH: I wasn't sure if Your Honor was aware. And so both my clients are observing a three-week mourning period as is traditionally observed and the trustee and his counsel have been very accommodating in that regard.

Case 22-50073 Doc 1270 Filed 12/29/22 Entered 12/29/22 12:05:00 Page 10 of 18

Ho Wan Kwok - December 13, 2022 10 But with current deadlines and so forth it's made things extremely difficult, and we are in agreement to adjourn the January 9th prejudgment remedy hearing for approximately a month so that we can take the depositions in January and the mourning period can be observed. We're in agreement as to -- that there's a number of standstill components, and we're in agreement to continue them to a corresponding period, subject to my client's final approval on that issue, but I have every expectation that that will be attained. We're also contemplating doing the depositions the week of January 9th and the first part of January 16th. And so we're asking the Court, and we will be submitting a proposed order. So nothing needs to happen, you know, at this hearing, we're just advising the Court that we'd like to have the prejudgment hearing continued to what's contemplated to be February 7th, 8th and 10th. THE COURT: The 7th is not going to work. That's a day I can tell you is not going to work. Let me look at the 8th and 10th. Just give me a second, okay? MR. KINDSETH: Thank you, Your Honor. (Pause.) THE COURT: Yeah. I mean, I think the 8th could work, but I don't -- the 7th is not going to work. You can submit -- you know, when everybody -- if everyone is in

Case 22-50073 Doc 1270 Filed 12/29/22 Entered 12/29/22 12:05:00 Page 11 of 18

Ho Wan Kwok - December 13, 2022 11 agreement, you submit whatever you want and I will absolutely attempt to accommodate you. But I can tell you right now I know February 7th does not work. Okay? MR. KINDSETH: Okay. THE COURT: The 8th probably works. The 9th is a Chapter 13 hearing day. MR. DESPINS: That's why we had excluded it. THE COURT: Right. The 10th is possible, I mean, and the next week is also possible. Okay? MR. KINDSETH: Thank you. THE COURT: But I just want to -- the 7th I already know does not work. But along -- it's not the same, but I was looking at, last night, upcoming hearings in the case and I know there are things scheduled for January 4th that are not the PJR hearing, the preliminary injunction, contempt, or any of that, but I think it has to do with the trustee seeking a bar date order, and also -- MR. DESPINS: Retention of a claims agent. THE COURT: -- the claims agent. And then there's an adversary where Bravo Luck is one of the defendants. I may have to reschedule those to the day before, Tuesday, the 3rd, if nobody has an objection to that. We'll probably have the courtroom deputy send out an email because I'm having a scheduling problem on January

Case 22-50073 Doc 1270 Filed 12/29/22 Entered 12/29/22 12:05:00 Page 12 of 18

|    | Ho Wan Kwok - December 13, 2022<br>12                          |
|----|----------------------------------------------------------------|
| 1  | the 4th.<br>So I may have to reschedule those to Tuesday, the  |
| 2  | 3rd, but it would be in the afternoon on the 3rd.<br>So I just |
| 3  | want to tell you that so --                                    |
| 4  | MR. KINDSETH:<br>Thank you, Your Honor.                        |
| 5  | THE COURT:<br>-- it would probably be at 3:30 or               |
| 6  | 4:00 o'clock on the afternoon of January 3rd.<br>But you'll    |
| 7  | get an email from the courtroom deputy.<br>I just wanted to,   |
| 8  | since you're now raising scheduling issues, I did see that I   |
| 9  | -- there's a problem with the Wednesday, the 4th, date.        |
| 10 | MR. KINDSETH:<br>Thank you.                                    |
| 11 | THE COURT:<br>I didn't know there was a problem when           |
| 12 | any of those things were scheduled, but I know that there's    |
| 13 | a problem now.                                                 |
| 14 | So it's -- it's highly unusual to change a hearing             |
| 15 | to a day before that it's scheduled, but if everybody agrees   |
| 16 | to it, I don't see that being a problem.                       |
| 17 | And we would issue, if everyone agrees to it, new              |
| 18 | notices of hearing or whatever so that it would be clear to    |
| 19 | everyone involved that it's rescheduled to a day earlier       |
| 20 | than it was originally scheduled.<br>Okay?                     |
| 21 | So I'm just -- there's no need for you to respond.             |
| 22 | I'm just giving you a heads up that you're likely going to     |
| 23 | get the communication from the courtroom deputy about the      |
| 24 | matters that are scheduled on the 4th of January.              |
| 25 | MR. KINDSETH:<br>Thank you very much, Your Honor.              |
|    |                                                                |

Case 22-50073 Doc 1270 Filed 12/29/22 Entered 12/29/22 12:05:00 Page 13 of 18

Ho Wan Kwok - December 13, 2022 13 THE COURT: Okay? MR. DESPINS: Your Honor, since we're talking about scheduling -- THE COURT: Yes. MR. DESPINS: -- we filed a motion to retain Mr. Dexter White as an expert with respect to the Lady May. We didn't file a motion to expedite, but we were wondering whether it could be heard on the 3rd as well? We were going to ask for the 4th, but now that's going to be moved to the 3rd. THE COURT: The 4th won't work. Yeah. MR. DESPINS: So the 3rd. THE COURT: I mean, an expert to do what? Just so I have an understanding. MR. DESPINS: He's doing the review of the repairs. THE COURT: Okay. Would you have an opposition to that or you don't -- MR. KINDSETH: No. THE COURT: -- you can't answer that right now? MR. KINDSETH: He's actually on the Lady May right now on a sea trial. THE COURT: Okay. MR. KINDSETH: We have no issue. He did the inspection --

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Ho Wan Kwok - December 13, 2022 14 THE COURT: You have no issue if I schedule that for the -- MR. KINDSETH: No, not at all. THE COURT: Okay. Okay. MR. KINDSETH: Not at all. THE COURT: Then I think -- I think, you know, the earliest you'll be heard on the 3rd will be 3:30 because we have a whole bunch -- I mean, you know, those could all go away, but those are standing, regular hearings. I can set it for 3:30 or I can set it for 4:00. If I set it for 3:30, there'll be an understanding that you might not get heard until quarter of 4:00 or 4:00. So does that -- what do you -- I mean, I know not everyone is here, but I'm asking you does that make -- does that present any problem as far as you can -- as far as you can tell at the moment? MR. KINDSETH: No problem. MR. DESPINS: No problem, Your Honor. THE COURT: All right. So then we'll take care of that today or tomorrow. We'll send out -- well, first of all, I will just schedule the hearing on the expert motion, which I haven't looked at or anything yet, but, for the 3rd in the afternoon. And then I will send -- I'll have the courtroom deputy reach out to all the parties about the other matters

Case 22-50073 Doc 1270 Filed 12/29/22 Entered 12/29/22 12:05:00 Page 15 of 18

Ho Wan Kwok - December 13, 2022 15 that are scheduled on the 4th and see if everyone has no opposition to those matters being rescheduled to the afternoon of the 3rd as well. MR. KINDSETH: Thank you. Since we're addressing scheduling, there's one other matter. We have filed a motion to use a portion of the repair reserve to pay crew salaries and other expenses since the Lady May is staying in place in Bridgeport for the foreseeable future. We've asked and the trustee's evaluating the request, and part of it depends upon the success of the sea trial today, but we would like to fund the crew and the insurance and everything and maintain the status quo. And we're proposing to do that from the repair reserve. And that was filed last week, and we've asked for an expedited hearing. I just am alerting to Your Honor. THE COURT: Okay. MR. KINDSETH: I know Your Honor's been tied up so to speak -- THE COURT: I would say that's an accurate assessment, yes. MR. KINDSETH: -- and I just am alerting you because, you know, my client is behind on paying the crew and other expenses, and we're hoping -- THE COURT: Have you talked to the trustee about

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Ho Wan Kwok - December 13, 2022 16 it? MR. KINDSETH: Yes, we have. Absolutely. And we've provided information. And the trustee -- part of it depends upon the success of the sea trial today. THE COURT: I see. MR. KINDSETH: But if I could get the hearing scheduled, I'm hopeful we'll have an agreement -- THE COURT: I don't think you're going to get a hearing scheduled before January 3rd though. MR. KINDSETH: Okay. THE COURT: I think that's the problem. MR. KINDSETH: Okay. THE COURT: But, if there's -- you filed a motion seeking to pay past amounts, is that correct, or future amounts? MR. KINDSETH: Partly past. THE COURT: Okay. MR. KINDSETH: Mostly a six month budget. THE COURT: Well, maybe you can reach an agreement on the past amounts, or you could try to. MR. KINDSETH: Okay. We'll work on it. THE COURT: Maybe you could reach an agreement on the past amounts and then we can deal with the future amounts. MR. KINDSETH: Fantastic. That would be -- we'll

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Ho Wan Kwok - December 13, 2022 17 definitely work on that. THE COURT: Okay. All right. So I'll take a look at that, but I just -- as I was saying to all the parties that have been here in the other matters, there really -- the timing that the Court has between now and year end is horrible. And it's not because I'm going to Bermuda or anything, it's just it is what it is. MR. KINDSETH: Yeah. THE COURT: Okay? So that's where we are. MR. KINDSETH: Thank you very much, Your Honor. THE COURT: Okay. MR. KINDSETH: I appreciate -- THE COURT: All right. MR. KINDSETH: -- considering these reports. THE COURT: All right. Thank you. I appreciate you all making those reports. And you'll see some -- we'll move some of those things along and get things scheduled -- MR. KINDSETH: Thank you. THE COURT: -- as we just discussed on the record. Okay? Anything further today from anyone? MR. DESPINS: No. No, Your Honor. THE COURT: Okay. MR. KINDSETH: Nothing further.

Case 22-50073 Doc 1270 Filed 12/29/22 Entered 12/29/22 12:05:00 Page 18 of 18

|    | Ho Wan Kwok - December 13, 2022<br>18                      |
|----|------------------------------------------------------------|
| 1  | THE COURT:<br>All right.<br>Then I think we have --        |
| 2  | our next hearing is at noon, is that correct?              |
| 3  | THE COURTROOM DEPUTY:<br>Yes.                              |
| 4  | THE COURT:<br>All right.<br>So then court is in recess     |
| 5  | until noon.                                                |
| 6  | (Proceedings adjourned at 11:20 a.m.)                      |
| 7  | I, CHRISTINE FIORE, Certified Electronic Court Reporter    |
| 8  | and Transcriber, certify that the foregoing is a correct   |
| 9  | transcript from the official electronic sound recording of |
| 10 | the proceedings in the above-entitled matter.              |
| 11 |                                                            |
| 12 |                                                            |
| 13 | December 28, 2022                                          |
| 14 | Christine Fiore, CERT                                      |
| 15 |                                                            |
| 16 |                                                            |
| 17 |                                                            |
| 18 |                                                            |
| 19 |                                                            |
| 20 |                                                            |
| 21 |                                                            |
| 22 |                                                            |
| 23 |                                                            |
| 24 |                                                            |
|    |                                                            |
|    |                                                            |
|    |                                                            |