---
type: court_doc
id: "court_ctb_2334_0"
court: "CTB"
case_no: "22-50073"
doc_number: 2334
doc_type: "MOTION"
filed_date: "2023-11-15"
lang: "zh"
url: "https://mubeitech.com/court/court_ctb_2334_0"
json_url: "https://mubeitech.com/api/court/court_ctb_2334_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 and GENEVER \* Bridgeport, Connecticut HOLDINGS CORPORATION, \* November 7, 2023 \* Debtors. \* \* \* \* \* \* \* \* \* \* \* \* \* \* \* \* \* \* TRANSCRIPT OF MOTION TO APPROVE SETTLEMENT AGREEMENT WITH THE CASPER FIRM, LLC PURSUANT TO FRBP 9019 BEFORE THE HONORABLE JULIE A. MANNING UNITED STATES BANKRUPTCY JUDGE APPEARANCES: Chapter 11 Trustee: LUC A. DESPINS, ESQ. Paul Hastings LLP 200 Park Avenue New York, NY 10166 For the Chapter 11 Trustee: PATRICK R. LINSEY, ESQ. Neubert Pepe and Monteith 195 Church Street,13th Floor New Haven, CT 06510 For the U.S. Trustee: HOLLEY L. CLAIBORN, ESQ. Office of U.S. Trustee The Giaimo Federal Building 150 Court Street, Room 302 New Haven, CT 06510 Proceedings recorded by electronic sound recording, transcript produced by transcription service. **Fiore Reporting and Transcription Service, Inc. Shelton, CT 06484 (203)732-6461**
APPEARANCES: (Cont'd)
For the Creditor, Pacific ANNECCA H. SMITH, ESQ. Alliance Asia Opportunity Robinson & Cole Fund L.P.: 28 Trumbull Street Hartford, CT 06103
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Ho Wan Kwok - November 7, 2023 3 (Proceedings commenced at 12:06 p.m.) THE COURTROOM DEPUTY: Case No. 22-50073, Ho Wan Kwok and Genever Holdings, LLC. THE COURT: Okay. Good afternoon. If we could have appearances for the record starting with the Chapter 11 Trustee, please. MR. DESPINS: Good afternoon, Your Honor. Luc Despins, Chapter 11 Trustee. THE COURT: Good afternoon. MR. LINSEY: Good afternoon, Your Honor. Patrick Linsey of Neubert, Pepe & Monteith for the Trustee. THE COURT: Good afternoon. MS. SMITH: Good afternoon, Your Honor. Annecca Smith of Robinson & Cole on behalf of Creditor PAX. THE COURT: Good afternoon. MS. CLAIBORN: And good afternoon, Your Honor. Holley Claiborn for the U.S. Trustee. THE COURT: Good afternoon. All right. On the calendar today is a motion to approve a settlement agreement with The Casper Firm. Trustee Despins, are you going to proceed or Attorney Linsey going to proceed? MR. DESPINS: Mr. Linsey will cover this, Your Honor. Thank you. THE COURT: Okay. Thank you.
Ho Wan Kwok - November 7, 2023 4 MR. LINSEY: Good afternoon, Your Honor. Starting in 2019, The Casper Firm began providing legal services for the debtor in connection with a lawsuit over the debtor's claims against Clark Hill which had been the debtor's immigration counsel. Those claims were resolved, the Clark Hill claims, by a previously approved 9019 motion. They were settled for about a half a million dollars. In connection with The Casper Firms's representation of the debtor, the firm was provided with a retainer in the amount of a hundred thousand dollars. Both the Trustee and The Casper Firm have claimed an interest in the retainer. Over the last several months, Trustee's counsel and The Casper Firm's counsel have engaged in good-faith negotiations about an appropriate disposition of the retainer. Those discussions have led to a settlement agreement which provides for the following in broad strokes. The Casper Firm will pay the estate \$48,750 from their retainer and may draw down the remaining \$51,250 as sole payment for any services it provided. The Trustee releases the Casper Firm in a release that's limited to the subject matter of the retainer, the Clark Hill lawsuit, and the settlement payment. And The Casper Firm grants the Trustee and the
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Ho Wan Kwok - November 7, 2023 5 estate a general release. By negotiating this resolution, the Trustee has reached what we feel is an appropriate compromise without expending resources on litigation over what is, in the context of this case, a limited sum of money. A certificate of service was filed which is at ECF 2252. And to the Trustee's knowledge, no objections have been filed. I'm happy to answer questions if any, otherwise, the Trustee requests that the order granting the motion enter. THE COURT: Okay. Thank you very much. I do not have any questions at this time. Does anyone else wish to be heard? Attorney Claiborn, does the U.S. Trustee wish to be heard? MS. CLAIBORN: No, Your Honor. THE COURT: Okay. Thank you. Attorney Smith, does PAX wish to be heard? MS. SMITH: No, Your Honor. Thank you. THE COURT: Okay. Thank you. All right. I have reviewed the motion to approve the settlement agreement with The Casper Firm that seeks an order under Federal Rule of Bankruptcy Procedure 9019 to approve the compromise and settlement agreement with The
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Ho Wan Kwok - November 7, 2023 6 Casper Firm. Everything does appear to be in order. And under the standard of Rule 9019, the settlement does appear to be reasonable under the specific circumstances of this -- of these Chapter 11 cases and related adversary proceedings. No one has filed a written objection. Although I do see that parties were served, no one is participating in this hearing today that is objecting to the settlement agreement. I've reviewed the settlement agreement, and I understand that the estate is providing a limited release to The Casper Firm, and The Casper Firm is providing a general release to the estate and the Trustee in connection with the settlement. I've reviewed the proposed order and it looks fine to me. I don't see any need for any changes in the proposed order. So for all of those reasons, the motion to approve the settlement agreement is granted and the proposed order can enter. MR. LINSEY: Thank you, Your Honor. THE COURT: Thank you. Is there any other matter we need to address today in this case? I know that we have a trial coming up at the end of the month and we have a hearing next week, is there anything else we need to address?
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Ho Wan Kwok - November 7, 2023 7 MR. DESPINS: Yes, Your Honor, if I could have just a few minutes of your time to address two issues. The first one is I want to make the Court aware of what we refer to internally as the February 14th projects. You might say February 14th? That's the day before the second-year anniversary. And basically that, what that is all about, is preparing complaints to recover avoidable, you know, avoidance actions basically. And that is a huge project that I have delegated or I've put Mr. Linsey and his firm in charge of in order to try to minimize costs. I know Your Honor is holding these hearings remotely, even though you're not a fan of that, probably to reduce costs, and so in the same vein I wanted to make sure the Court knew about this. And you might say well why are you telling me about this, I'll see your complaint on February 14th? There will be a lot of action and activity around that goal of filing these complaints before February -- on or before February 14th, and I wanted to make sure the Court was aware of that and you didn't see these motions in a vacuum. And I know the last time we talked about the two- year statute you had mentioned that -- whether the Trustee to file a motion to extend that time, and I wanted to make sure Your Honor knew about there's a ruling by Judge
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Ho Wan Kwok - November 7, 2023 8 Tancredi in the *Walnut Hill* case. By the way, I would love to be able to get an order from the Court extending the statute of limitations for all potential defendants, even known or unknown, but, you know, basically that case says that even as to known defendants you cannot -- the Court doesn't have the power other than to equitable tolling, which requires a bunch of showing as to (indiscernible) defendants that the Court, you know, cannot use 9006 to extend the two-year statute, so that's why there's such a focus on this. We're dealing -- THE COURT: I was actually talking about if you had consent of parties, but I understand your point. And I understand -- MR. DESPINS: Yeah. THE COURT: -- Judge Tancredi's ruling. MR. DESPINS: Okay. THE COURT: And I understand Rule 9006. MR. DESPINS: Yes. Yes. We would never get the consent of defendants on time. THE COURT: Well, not all of them -- MR. DESPINS: Yeah. Some defendants. THE COURT: -- but there was a point in time where I thought there might be some agreements. MR. DESPINS: Yes. THE COURT: But I understand what you're saying.
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Ho Wan Kwok - November 7, 2023 9 MR. DESPINS: Yes. So there's a huge focus on that. And, you know, there's than 200 bank accounts that were in this universe of Kwok-related entities, and there's millions and millions of dollars transiting through these 200-plus bank accounts, so there's a lot of wood to chop there. And, you know, again, to try to minimize costs, I asked Mr. Linsey to take the lead on that front. So that's the first part I wanted to mention. But there could be a lot of activity around that February 14th project around that time. And I hope that it will not be the usual last-minute thing, but there could be a lot of activity, and I just wanted to make sure Your Honor was aware of the big picture. The second issue I wanted to raise with the Court is much more narrow. It involves the Lady May II. As I told you, the bids we received were very disappointing. But we just received a bid last Friday, which is, you know -- and I don't mind saying it in court -- it's \$350,000. It's not anything to write home about, but again it's much higher than the other bids received. And, you know, the issue we have here is the cost of maintaining this ship, which needs its own part-time captain, we need to pay mooring costs, winterization costs
Ho Wan Kwok - November 7, 2023 10 and all that, so we are actively considering accepting that bid. And you might say, well, why are you telling me about this? I'm telling you about this because winter is coming and we may need to proceed on a really expedited basis to get this approved. And I know this is not the right way to proceed, but I'm trying to get a sense from the Court, given the size of this asset, what is achievable in terms of shortening the notice of the sale. Because if it's -- if it has to be the usual notice period, we need to take the boat out, and we need to -- there has to be all sorts of things happening to empty the boat so that it doesn't, you know, there's no fluids are freezing. It's, you know, a lot of money that's wasted. So that's really the question, Your Honor, which is what -- you know, how flexible could the Court be in terms of entertaining a shortened process to get this approved? Yet, there's been, I want to make sure that Your Honor knows, there's been extensive marketing. We tried the same dance that we did with the Lady May. As I told you, the bids we received were not attractive at all. This (indiscernible) would be as-is, where-is, so meaning no survey. So obviously that's attractive as well from our
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Ho Wan Kwok - November 7, 2023 11 point. So that's a long introduction just to see what is under the realm of possible (indiscernible) in terms of shortening notice? THE COURT: Well, it's always possible, number one. Number two, where is the boat? Is it out of the -- the last time I knew, I believe it was in a storage facility in New York. MR. DESPINS: No. No. It was -- it was brought to Newport to market it there so people could actually go and ride the -- THE COURT: Oh, it's in Newport right now? MR. DESPINS: Correct. In the water right now. THE COURT: Okay. MR. DESPINS: And that's the -- if it were back in Mamaroneck at the warehouse, it wouldn't be a problem, because in that condition the boat was not subject to freeze damage. But now, the water, you know, it does not have the ice, but, you know, if there's a freeze at night, then we take the risk that -- THE COURT: Well -- MR. DESPINS: -- and that's why we're kind of anxious. THE COURT: Understood. Understood.
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| 1 | I think the issue -- it certainly could happen on |
| 2 | a shortened notice, but I think that if you're moving ahead |
| 3 | with a shortened-notice period, I sensed -- and I understood |
| 4 | with the original yacht, that's a very unique I would say |
| 5 | yacht , I'd say this boat is not as unique, although it's |
| 6 | different, but isn't it -- how long is it?
How big is it? |
| 7 | MR. DESPINS:
It's 45 feet or 50 feet, Your Honor. |
| 8 | THE COURT:
Right.
So that in the Newport world |
| 9 | is not that unusual. |
| 10 | So my thought was -- is, and I'm talking out loud |
| 11 | obviously during a hearing, but has there been any thought |
| 12 | given to trying to do a very quick auction of that boat and |
| 13 | get -- see if you can outbid the bidder?
I mean, \$350,000 |
| 14 | for a 50-foot boat is -- |
| 15 | MR. DESPINS:
It's not a -- it's not a great |
| 16 | result so I -- |
| 17 | THE COURT:
It's probably -- right.
It's low. |
| 18 | MR. DESPINS:
But it would be -- |
| 19 | THE COURT:
But you might be able to get somebody |
| 20 | to outbid -- |
| 21 | MR. DESPINS:
But, Your Honor, it would be -- |
| 22 | THE COURT:
-- somebody to outbid you and outbids |
| 23 | the bidder -- |
| 24 | MR. DESPINS:
Yeah.
But -- |
| 25 | THE COURT:
-- or the bidder comes back and bids |
| | |
Ho Wan Kwok - November 7, 2023 13 more. MR. DESPINS: No. No. This would be subject to higher and better offer at the hearing. And we would give notice to everyone that actually went on the boat and all that. And even the ones who gave us, you know, really bad bids, we would give them notice of this, and they would give -- they would have an opportunity to outbid. But I -- but I think it's dangerous to just do what we call a naked auction where I don't have a contract with the bidder. THE COURT: Oh, no. I'm not suggesting -- MR. DESPINS: Okay. THE COURT: I'm not suggesting a naked auction. I'm suggesting an auction that already has an opening bid, right? And then if -- and then if anybody else wants to bid, you could have an auction. Or you could have a process before the actual sale hearing where you give everyone a time frame, a few days before the hearing, that they have to make their highest and best offer. You know, whatever. I don't -- I'm just trying to figure out a way -- MR. DESPINS: Yeah. THE COURT: -- or suggest a way, I should say, to maximize, as I know you are as well, the value of the asset for the estate. Right? And that boat that -- I mean, I don't have any
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Ho Wan Kwok - November 7, 2023 14 information in front of me. I don't even think I've seen a picture of that, which is not true of the main yacht. I'm not sure if I've seen a picture of the Lady May II. But in any event, that yacht, in that location for that amount of money, could produce more money, right? It could. Especially if, you know, people think -- well, in any event, that's -- But to answer your first question, could we do it on a shortened basis? Yes. Are there days when I know that there's no availability in the next few weeks? Yes. So what is the -- what time frame are you anticipating, if any, at this point? And then I can tell you whether or not that's a problem from the Court's perspective. MR. DESPINS: It would be ideally in the ten, tenish-day range, Your Honor. But to be clear, I want to make sure you know, we did a highest and best final. We've been through that process and we only received one unacceptable bid. And there's a balance here in the sense if I tell the bidder that is in Europe come to a hearing or come to -- or if by phone he can bid, there's no guarantee that he would stay at 350. So in order to lock him in, I do -- we say in the thing that it's -- in the agreement and in the
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| 1 | motion, that it's subject to higher and better offer. |
| 2 | But to actually say that there will be an open |
| 3 | auction, meaning it could get the bidder to say, well, then |
| 4 | I'm not going to do this because I'm not sure I want to -- |
| 5 | or if I want -- if you want to do this, I'll participate, |
| 6 | but I'm not at 350 anymore.
I'll start wherever I need to |
| 7 | start.
So I -- |
| 8 | THE COURT:
Well, how will you test the highest |
| 9 | and best offer then?
What's the process that you'd |
| 10 | undertake? |
| 11 | MR. DESPINS:
The process -- the process is that |
| 12 | we go back to everyone that has bid on the boat, everyone |
| 13 | that submitted a bid, everyone that was noticed before, that |
| 14 | there will be a hearing before Your Honor on X date and |
| 15 | that's the last time to submit higher and better bids, as |
| 16 | is, where it is, so we can't play the game of there's a |
| 17 | survey and then they reduce the price. |
| 18 | And these people generally, they don't need a lot |
| 19 | of time to -- if they want a boat, they can come on ten |
| 20 | day's notice.
Meaning, they've known about the boat.
It's |
| 21 | been marketed all summer long.
And so people know about the |
| 22 | boat. |
| 23 | So that's the way we would like to proceed.
To |
| 24 | sign a contract with the person at 350, but explain to him |
| 25 | that it's subject to higher and better offers at the |
| | |
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Ho Wan Kwok - November 7, 2023 16 hearing. Personally, and I would be -- I hope I'm wrong, I don't think anybody's going to show up. Not at this time of the year and not after this extensive marketing. But I hope I'm wrong. I hope that somebody shows up and says I'll bid 400. THE COURT: So are you talking ten days from today? MR. DESPINS: No. Ten days from the date that we sign the contract and file the motion. THE COURT: Okay. So what's your time frame on -- MR. DESPINS: If we get -- if we had like -- THE COURT: -- signing the contract and the motion? MR. DESPINS: -- 36 hours to file -- 36 hours to file the motion, 24 -- THE COURT: Well, where -- the Court is -- the Court is closed on Friday the 10th in observation of Veteran's Day, so if you're going to file anything this week, it would have to be filed before the 10th -- I mean to have any action on it. Otherwise, there won't be any action taken until the 13th. And if you -- MR. DESPINS: Understood. THE COURT: -- if you file something on the 10th or the 13th, and you're trying to get -- you already have a
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Ho Wan Kwok - November 7, 2023 17 number of hearings on the 28th, and no -- and I think honestly -- well, let me step back a little bit. You are correct that I have been allowing hearings to be held remotely in certain situations, such as today, because there have been no objections filed and that they are matters that appear to be able to be handled without any kind of extensive hearing. You are also correct that I do prefer in-person hearings. Certainly when there's anything of substance, that would have to occur. So a motion to sell this boat, this 50 -- 45-50- foot boat, I would want that hearing to be in person because I do want to see if anyone -- And you could set up a process. I don't know how you would do it, but you could set up a process where you could take -- I don't know what you're going to do, but I want to encourage bidding, not discourage bidding obviously, right? Or a higher and better offer if not traditional bidding. So you already have a number of matters scheduled to be heard at 2 p.m. on the 28th, some of which I think you would need to be here in person. Not all of which. Some of which, you know, we might be able to address in the manner that we've been addressing other matters to try to keep costs down. There's no question that I have to balance that
Ho Wan Kwok - November 7, 2023 18 factor in these cases. So is November 28th too late for what you're looking for? I mean, that's three weeks from today. MR. DESPINS: Yeah. Again, I'm not an expert on this. I need to understand what's a risk of freezing between now and the 28th. But it could be -- I mean, we would -- to be clear, we would file -- if we go to file this motion and we have an agreement this person that's not completely wrapped up yet, we can do it by November 9th, which is Thursday of this week. And then if we could have a hearing in the week of the 20th that would be ideal. THE COURT: Well, we -- MR. DESPINS: And you might say how do you know that it might not freeze on the 20th? I don't know. I know that (indiscernible) the better. THE COURT: Well, I suppose we could do something in the afternoon of the 21st, which would be -- MR. DESPINS: Okay. THE COURT: You know, I -- we have something else scheduled at 1 p.m., but we could do it at 1:30 or 2 p.m. on the 21st. MR. DESPINS: And, Your Honor, we could have best and final bid due on the 20th. And those could be done remotely so to -- according to, you know, basically your Case 22-50073 Doc 2334 Filed 11/15/23 Entered 11/15/23 12:58:08 Page 18 of 22
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Ho Wan Kwok - November 7, 2023 19 point about facilitating bidding. But if there's a winning bidder out there, they need to show up at the hearing on the 21st in person or through counsel. THE COURT: Yes. Somebody who has authority to close the deal, right? MR. DESPINS: Yes. Yes. So those dates would be perfect, Your Honor. THE COURT: Yeah. Because if it's not the 21st, I couldn't do anything until the 27th or 28th. So that's, you know -- MR. DESPINS: Understood. Understood. THE COURT: -- because of scheduling conflicts. MR. DESPINS: Okay. THE COURT: And because of Thanksgiving. I believe we're closed on Thanksgiving Day and the day after Thanksgiving, so in any event -- MR. DESPINS: Understood. THE COURT: And your broker, who's been marketing the boat, is marketing -- I don't recall, and I'm sorry, but they're just doing things -- they're not in Newport actually marketing the boat, are they? Or are they in Newport? MR. DESPINS: Yeah. They are in Newport. THE COURT: Well, there's a lot of people to talk to between now -- MR. DESPINS: It's the same broker. Mr. Johnson,
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Ho Wan Kwok - November 7, 2023 20 Dirk Johnson, that appeared briefly at the hearing on the Lady May. THE COURT: Okay. MR. DESPINS: It's the same person. THE COURT: Well, there's certainly a lot of boat people to talk to in Newport between now and the 21st. So, you know, a lot of them, and you never know. There's plenty of people still there. It hasn't frozen. The Atlantic Ocean hasn't frozen that I'm aware of at this point. MR. DESPINS: No. THE COURT: But in any event -- MR. DESPINS: Okay. THE COURT: -- I can do that if you get it filed by the -- if you get your documents and your pleadings filed by the 9th. But you're going to have to then, most likely, make service by the 10th even if we're closed. It doesn't matter if we're closed. You have to make service by the 10th -- MR. DESPINS: Correct. THE COURT: -- because you have to -- MR. DESPINS: Yes, Your Honor. THE COURT: -- we have to give -- we have to show -- I understand all the marketing that was done, but still we want to -- again, I want to make sure that there couldn't be some higher and better offer. That's all.
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Ho Wan Kwok - November 7, 2023 21 MR. DESPINS: All in favor of that obviously. So that you very much, Your Honor. It was very helpful. Again, I hope we're able to sign something and file something by the 9th. And we'll endeavor to do that. And of course I understand that the Court has not ruled on a shortening notice at this time, but you will do that when you receive papers only. Understood. THE COURT: Right. And I would suggest that because we're closed on the 10th, and I know you all have many things to do, but, you know, the 9th at 8 o'clock probably isn't going to get any kind of action. So if you could do the 9th by midday or early afternoon, that would be helpful to the staff because they're going to go home -- MR. DESPINS: Understood. THE COURT: -- and they're not working on Friday. Okay? MR. DESPINS: Understood, Your Honor. Thank you very much. THE COURT: All right. Is there anything else that we can address this afternoon? MR. DESPINS: That's all I have, Your Honor. Thank you. THE COURT: All right. Anyone else have anything they'd like to discuss this afternoon? (No response)
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THE COURT:
All right.
Then that is the last
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matter on today's calendar, so court is adjourned.
Thank
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(Proceedings concluded at 12:32 p.m.)
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I, CHRISTINE FIORE, court-approved transcriber and
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certified electronic reporter and transcriber, certify that
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the foregoing is a correct transcript from the official
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electronic sound recording of the proceedings in the above
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