郭文贵破产案 · DECLARATION · ECF #644-2

# UNITED STATES BANKRUPTCY COURT DISTRICT OF CONNECTICUT BRIDGEPORT DIVISION

| | 一、一、一、一、一、二十年十年生年出五年五十五年五月二十三十二十二十二十二十二十二十二十二十二十二十二 | |--------------|-----------------------------------------------------| | In re: | Chapter I l | | HO WAN KWOK. | : Casc No. 22-50073 | | | | | Debtor. | | | | |

# DECLARATION OF DISINTERESTEDNESS OF LUC A. DESPINS

1, Luc A. Despins, declare the following is true to the best of my knowledge, information, and belief:

I . with twenty-one offices across the Americas, Asia, and Europe. I am currently resident in Paul Hastings' New York office. I am authorized to make this Declaration on Paul Hastings' behalf. Except as otherwise indicated. I have personal knowledge of the facts set forth in this Declaration and, if called as a witness, I could and would testify thereto.

2. (the "Trustee") in the chapter 11 case of Ho Wan Kwok (the "Debtor") and in support of an application that I intend to file to approve the employment of Paul Hastings as counsel to the Trustce.

3. in connection with the Debtor's chapter 11 case that includes:

¹ Although the Debtor's legal name is Ho Wan Kwok, he is also known by the following names: Guo Wengui; Miles Guo, and Miles Kwok, and searches have been conducted with respect to all such names. The last four digits of the Debtor's taxpayer identification number are 9595.


- a. parties listed as creditors, executory contract counterparties, and codebtors on the Debtor's Schedules D, F, G, and H [Docket No. 78]; - b. parties listed on the Debtor's Statement of Financial Affairs ("SOFA") [Docket No. 77], including (i) as recipients of payments within 90 days prior to the filing of the chapter 11 case (SOFA Part 3, Question 6); (ii) parties involved in litigation in which the Debtor is a party (SOFA Part 4, Question 9); and businesses owned by the Debtor (SOFA Part 11, Question 27). - c. parties and counsel filing notice of appearances in the Debtor's chapter 11 casc: and - d. the Court and personnel of the office of the United States Trustee.

4. So Paul Hastings has developed procedures to enable it to ensure compliance with the requirements of the Bankruptey Code, the Bankruptcy Rules, and any local rules of the Court regarding the service of a trustee and the employment of professionals under the Bankruptcy Code. Following those procedures, on July 5, 2022, I asked Paul Hastings personnel to compare the names listed on Schedule I with a database containing the names of all Paul Hastings clients and former clients who were clients at any time during the past five years, 2 and related conflict information, to research information about affiliates of the listed entities, to distribute an email inquiry to all Paul Hastings attorneys, and to make follow-up inquiries.

5. Based on the results of those review procedures, I believe:

² Except with respect to the Debtor's family members and related entities, with respect to which no such time limitation was used when reviewing Paul Hastings` database.

- a. Neither I, nor Paul Hastings, nor any partner in, counsel to, or associate of Paul Hastings represents any entity in or in connection with the Debtor's chapter 11 case; - b. Paul Hastings and I do not hold or represent an interest adverse to the Debtor's estate; and - c. neither Paul Hastings nor any of its attorneys, including me, (i) is a creditor, equity security holder or insider of any of the Debtor or his affiliates, (ii) has been, within two years before the date of the filing of the petition, a director, officer, or employee of any of the Debtor or his affiliates, or (iii) has any interest materially adverse to the interests of the estates of 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.

6. Based on the foregoing, I believe that Paul Hastings and I are each a disinterested person and eligible to serve as counsel to the Trustee and Trustee, respectively, in this case.

7. nor any of its attorneys, including me, has any connections (as that term is used in Bankruptcy Rule 2014), with any of the entities listed on Schedule 1, except:

> a. The Debtor has listed on his Schedules a potential malpractice claim against "Boies Schiller." Boies Schiller Flexner (UK) LLP is a former client of Paul Hastings in a matter that ended in September of 2021 and was unrelated to the Debtor, his family members, or entities controlled by the Debtor or his family members (an "Unrelated Matter"). Given that

> > -3-

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> Boies Schiller Flexner (UK) LI.P is no longer a client of Paul Hastings, there is no legal impediment to Paul Hastings being adverse to any Boies Schiller entities (collectively, "Boies Schiller"). I have never represented Boies Schiller. I, in my capacity as Trustee, am able to be adverse to Boies Schiller and to be the named plaintiff, as chapter 11 Trustee, in any lawsuit against Boies Schiller.

- b. Certain Paul Hastings attorneys who joined Paul Hastings in early 2022 formerly represented, while at their prior firm (Stroock & Stroock & Lavan LLP), Sherry-Netherland, Inc., in the chapter 11 case of Genever Holdings LLC. These attorneys did not represent Sherry-Netherland, Inc. after joining Paul Hastings and will be separated by an "ethical wall" from any involvement in Paul Hastings' representation of the Trustee. - c. While Paul Hastings previously represented UBS AG (London Branch) ("UBS AG") (an entity currently involved in litigation with the Debtor in the United Kingdom) in an Unrelated Matter that ended in November of 2021, Paul Hastings does not currently represent UBS AG. Paul Hastings does currently represent certain UBS entities, namely UBS Securities LLC, UBS Securities Ltd. Ptc. Seoul Branch, and UBS Investment Bank, that are affiliates of UBS AG, in Unrelated Matters. Paul Hastings' representation of UBS entities has largely involved advice related to capital markets and leveraged finance transactions. I have never represented any UBS entity (including UBS AG). 1, in my capacity as

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Trustee, am able to be adverse to UBS AG and to be the named plaintiff, as chapter 11 Trustee, in any lawsuit against UBS AG.

- d. Baker Hostetler LLP, which has filed a proof of claim in this chapter 11 case and listed on the Debtor's SOFA as a creditor that received a payment within the 90 days preceding the commencement of the Debtor's chapter 11 case, was formerly counsel to a party involved in an Unrelated Matter that ended in December of 2020 in which a Paul Hastings attorney serves as arbitrator. - e. LALIVE SA, listed as a creditor on the Debtor's schedules, is related to a former client of Paul Hastings in an Unrelated Matter that ended in August of 2019. - f. MeElroy, Deutsch, Mulvancy & Carpenter, LLP, which has filed a notice of appearance in the chapter 11 case on behalf of creditors Rui Ma, Zheng Wu, and Weican Meng, served as local counsel to a client of Paul Hastings in connection with an Unrelated Matter that ended in October of 2017. - g. The Debtor has listed "Ying Liu" on his Schedules as a creditor. An individual named Ying Liu, whom Paul Hastings cannot presently confirm is the same person listed on the Schedules, is a former client of Paul Hastings in an Unrelated Matter that ended in January of 2020. - h. The Debtor has listed "Shuang Wang" on his Schedules as a creditor. An individual named Shuang Wang, whom Paul Hastings cannot presently confirm is the same person listed on the Schedules, is related to a former

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client of Paul Hastings in an Unrelated Matter that ended in September of 2021.

- i. The Debtor has listed "Yan Huang" on his Schedules as a creditor. An individual named Yan Huang, whom Paul Hastings cannot presently confirm is the same person listed on the Schedules, is related to a former client of Paul Hastings in an Unrelated Matter that ended in September of 2021. - j. The Debtor has listed "Yan Zhao" on his Schedules as a creditor. An individual named Yan Zhao, whom Paul Hastings cannot presently confirm is the same person listed on the Schedules, is related to a former client of Paul Hastings in an Unrelated Matter that ended in August of 2019. - k. The Debtor has listed Veritext on the Debtor's SOFA as a creditor that received a payment (of less than \$1,000.00) within the 90 days preceding the commencement of the Debtor's chapter 11 case. Entities related to Veritext are current clients of Paul Hastings in Unrelated Matters.

8. Paul Hastings has been or is currently adverse to certain parties listed on Schedule 1 in Unrelated Matters. For example, Brown Rudnick, LLP, the Debtor's counsel, and O'Mclveny & Myers LLP, counsel to Pacific Alliance Asia Opportunity Fund L.P., are opposing counsel or otherwise adverse to Paul Hastings LLP in connection with certain Unrelated Matters related to Paul Hastings' representation of the official committee of unsceured creditors of the Commonwealth of Puerto Rico and certain of its instrumentalities.

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9. the Debtor, his family members, entities controlled by the Debtor or his family members, or this chapter 11 case. Paul Hastings is not precluded from taking a position, on any matter that is related to this chapter 11 case, that would be adverse to any entity on Schedule 1 that is not a current Paul Hastings client or related the Trustee become adverse to a Paul Hastings client or related party, the Trustee would employ other counsel in connection with such matter.

10. I To the extent that Paul Hastings discovers any facts bearing on matters described in this Declaration, Paul Hastings will supplement the information contained in this Declaration. Paul Hastings will not represent any entity other than the chapter 11 Trustee in any matter in or in connection with this chapter 11 case.

I I. truc and correct.

Executed July 7, 2022, at Circenwich, Connecticut.

Luc A. Despins

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### SCHEDULE OF PARTIES IN INTEREST - IN RE KWOK

#### 20 LARGEST UNSECURED CREDITORS

PACIFIC ALLIANCE ASIA OPPORTUNITY GOLDEN SPRING NEW YORK RUI MA CHENG JIAN WU JIAN SHE NING YE GUO BAOSHENG YAN LAN & WU ZHENG HONG QI QU NAN TONG SI JIAN JIAN GONG Y AN ZHAO YUA HUA ZHUANG SHI LIEHONG ZHUANG/XIAO YAN ZHU WEICAN MENG/BOXUN INC. SAMUEL NUNBERG LAMP CAPITAL LLC JUN CHEN AKA JONATHAN HO YUE HUA ZHU SHI XIONG XIAN WEI YE HUIZEN WANG

#### DEBTOR, FAMILY MEMBERS, AND CERTAIN RELATED ENTITIES

HO WAN KWOK (A.K.A 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 CORPORATION GENEVER HOLDINGS LLC

## BANKRUPTCY JUDGE AND U.S. TRUSTEE PERSONNEL

HONORABLE JULIE A. MANNING WILLIAM HARRINGTON KIM L. MCCABE HOLLEY CLAIBORN JOSEPH II. FLAMINI ERIN HOGAN STEVEN MACKEY FRANK MARINO JENNIFER J. MOREY NICOLE NEELY SHARON WARNER JOHN GERVAIS

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#### OTHER INTERESTED PARTIES

AAGV LIMITED ACE DECADE HOLDINGS LIMITED ALFA GLOBAL VENTURES LIMITED ALFONSO GLOBAL LIMITED ALLIED CAPITAL GLOBAL LIMITED ANDREW SULNER/FORENSIC DOCUMENT EXAMINATIONS, LLC ANTON DEVELOPMENT LIMITED BAIQIAO TANG A/K/A TANG BAIQIAO BAKER HOSTETLER LLP 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 CHIENG, LTD. BEIJING PANGU INVESTMENT CO. BEIJING ZENITH HOLDINGS CO. BEIJING ZHONG XIAN WEI YE STAINLESS DECORATION CENTER BEJING PANGU INVESTMENT CO. BOIES SCHILLER BRANCH BROWN RUDNICK, LLP BSA STRATEGIC FUND I BURNETTE SHUTT MCDANIEL CHAO-CHIH CHIU CHENGLONG WANG CHINA GOLDEN SPRING GROUP (HONG KONG) LIMITED CHONG SHEN RAPHANELLA CLARK HILL PLC CLAYMAN & ROSENBERG LI.P CLAYMAN ROSENBERG KIRSHNER & LINDER LLP COHN BIRNBAUM & SHEA P.C. COUNSEL PRESS INC. CREATIVE APEX INVESTMENTS LIMITED CRYSTAL BREEZE INVESTMENTS LIMITED nanyu i in DAWN STATE LIMITED DONGNA FANG EASTERN PROFIT CORPORATION LIMITED ELITE WELL GLOBAL LIMITED ERIC GOLDSMITH MD, LLC FAN BINGBING FORBES HARE G CLUB OPERATIONS LLC GANFER SHORE LEEDS & ZAUDERER GAO BINGCHEN G-CIJUB GETTR USA GLOBALIST INTERNATIONAL LIMITED GOLDFARB & HUCK ROTH RIQJAS, PLLC GREENWICH LAND LLC GTV MEDIA GROUP, INC., GUO LIJIE HAIHONG WANG HAN CHUNGUANG HARCUS PARKER LTD. HE BEI YUE HUA ZHUANG SHI GONG CHENG LTD.

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