郭文贵破产案 · ORDER · ECF #848

元数据

当事人: 郭文贵 (Guo Wengui / Miles Guo / Ho Wan Kwok)
法院: CTB
案号: 22-50073
ECF #: 848
类型: ORDER
立案日: 2020-09-23

原始法庭文件为英文，下方为英文全文。

全文

## **UNITED STATES BANKRUPTCY COURT DISTRICT OF CONNECTICUT BRIDGEPORT DIVISION**

--------------------------------------------------------------------X In re: Ho Wan Kwok, Debtor.1 : : : : : : : : Chapter 11 Case No. 22-50073 (JAM) --------------------------------------------------------------------X

## **CHAPTER 11 TRUSTEE'S NOTICE OF FILING OF EXCERPT OF TRANSCRIPT FROM DEBTOR'S SECTION 341 MEETING OF CREDITORS IN CONNECTION WITH DEBTOR'S OWNERSHIP INTEREST IN ACE DECADE HOLDINGS LIMITED**

**PLEASE TAKE NOTICE** that at the hearing held before this Court on September 6, 2022

(the "September 6 Hearing"), Mr. Luc A. Despins, in his capacity as the chapter 11 trustee (the

"Trustee") appointed in the chapter 11 case of Ho Wan Kwok (the "Debtor"), raised the issue of

the Debtor's ownership interest in Ace Decade Holdings Limited ("Ace Decade").

**PLEASE TAKE FURTHER NOTICE** that, as stated by the Trustee at the September 6

Hearing, the Debtor submitted a signed complaint to a court in the United Kingdom (the "UK

Complaint"), dated September 23, 2020, in which the Debtor stated that he had acquired Ace

Decade on November 10, 2014.2

**PLEASE TAKE FURTHER NOTICE** that attached hereto as **Exhibit 1** is a highlighted

excerpt of the transcript from the Debtor's continued meeting of creditors pursuant to section 341

1 Although the Debtor's legal name is Ho Wan Kwok, he is also known as Guo Wengui, Miles Guo, and Miles Kwok, as well as numerous other aliases. The last four digits of the Debtor's taxpayer identification number are 9595.

2 *Debtor's Objection to Application of Chapter 11 Trustee for Entry Of Order Pursuant to Bankruptcy Code Sections 327, 328, and 330 and Bankruptcy Rules 2014 and 2016, Authorizing and Approving Retention and Employment of Paul Hastings LLP as Counsel to Chapter 11 Trustee*, Exhibit 1, Docket No. 622-1, ¶ 3 ("Ace Decade was . . . acquired by Mr Kwok on or around 10 November 2014"), ¶ 24 ("Ace Decade was acquired on 10 November 2014 by Mr Kwok").

of the Bankruptcy Code, which took place on April 6, 2022 (the "April 341 Meeting"). At the April 341 Meeting, the Debtor, consistent with the UK Complaint, testified through an interpreter, among other things, that he was the "legal representing owner" of Ace Decade,3 that there were no other owners of Ace Decade,4 and that he became owner of Ace Decade "[a]t the end of 2014."5

Dated: September 12, 2022 LUC A. DESPINS,

New Haven, Connecticut CHAPTER 11 TRUSTEE

By: */s/ Patrick R. Linsey* Douglas S. Skalka (ct00616) Patrick R. Linsey (ct29437) NEUBERT, PEPE & MONTEITH, P.C. 195 Church Street, 13th Floor New Haven, Connecticut 06510 (203) 781-2847 dskalka@npmlaw.com plinsey@npmlaw.com

*and*

Nicholas A. Bassett *(pro hac vice*) PAUL HASTINGS LLP 2050 M Street NW Washington, D.C., 20036 (202) 551-1902 nicholasbassett@paulhastings.com

*and*

3 Transcript of Continued Meeting of Creditors, April 6, 2022, at 61:3-5 ("Q: Are you the only legal owner of Ace Decades? A: I am a legal representing owner.").

4 *Id.* at 61:6-7 ("Q: Are there any other owners of Ace Decade? A: No.").

5 *Id.* at 61:8-10 ("Q: When did you become an owner of Ace Decade Holdings Limited? A: At the end of 2014.").

Avram E. Luft *(pro hac vice*) Douglass Barron (*pro hac vice*) PAUL HASTINGS LLP 200 Park Avenue New York, New York 10166 (212) 318-6079 aviluft@paulhastings.com

*Counsel for the Chapter 11 Trustee*

## **Exhibit 1**

UNITED STATES BANKRUPTCY COURT DISTRICT OF CONNECTICUT In Re \* Chapter 11 \* \* HO WAN KWOK, \* Case 22-50073(JAM) \* Debtor. \* \* \* \* \* \* \* \* \* \* \* \* \* \* \* \* \* \* TRANSCRIPT OF CONTINUED 341 MEETING OF CREDITORS APRIL 6, 2022 Electronically Recorded by the Office of the United States Trustee Transcript Prepared By: Christine Fiore, CERT Fiore Reporting and Transcription Service, Inc. 4 Research Drive, Suite 402 Shelton, CT 06484 (203)929-9992

Ho Wan Kwok - April 6, 2022 APPEARANCES: For the Debtor: WILLIAM R. BALDIGA, ESQ. BEN SILVERBERG, ESQ. Brown Rudnick, LLP Seven Times Square New York, NY 10036 For the U.S. Trustee: HOLLEY E. CLAIBORN, ESQ. STEVEN MACKEY, ESQ. Office of the U.S. Trustee 150 State Street New Haven, CT 06510 For Logan Cheng, JAY MARSHALL WOLMAN, ESQ. Creditor: Randazza Legal Group 100 Pearl Street, 14th Floor Hartford, CT 06103 For Pacific Alliance DAVID V. HARBACH, II, ESQ. Asia Opportunity Fund, O'Melveny & Myers, LLP LP, Creditors: 1625 I Street NW Washington, DC 20006 STUART SARNOFF, ESQ. MAKENZIE RUSSO O'Melveny & Myers, LLP Times Square Tower 7 Times Square New York, NY 10036 ANNECCA SMITH, ESQ. Robinson and Cole 280 Trumbull Street Hartford, CT 06103 For Bruno Wu, Weican KRISTEN MAYHEW, ESQ. Meng and Rui Ma, McElroy, Deutsch, Mulvaney & Creditors: Carpenter One State Street Hartford, CT 06103 For the Official STEVEN STAFSTROM, ESQ. Committee of Unsecured Pullman & Comley Creditors: 850 Main Street Bridgeport, CT 06601

| Case 22-50073 | Doc 848 Filed 09/12/22 Entered 09/12/22 12:49:26 Page 7 of 8 | |---------------|-----------------------------------------------------------------------| | | Ho Wan Kwok - April 6, 2022 60 | | 1 | A No. | | 2 | MR. BALDIGA: Excuse me. Holley, I'm not | | 3 | sure if you're going to come back to it, but there | | 4 | is a reference to the \$12,000. | | 5 | MS. CLAIBORN: I did see that. | | 6 | MR. BALDIGA: Oh, you said he didn't | | 7 | disclose it. | | 8 | MS. CLAIBORN: He did not. It's not in | | 9 | response to the questions on Schedule A-B. | | 10 | MR. BALDIGA: It's right there. | | 11 | MS. CLAIBORN: We can disagree about | | 12 | whether or not it's disclosed, but it's my position | | 13 | that it's not disclosed. I understand you might | | 14 | take a different position. | | 15 | BY MS. CLAIBORN: | | 16 | Q Mr. Kwok, do you own any interest in a | | 17 | company called Ace Decade Holdings Limited? | | 18 | A Yes. | | 19 | Q What is the nature of your ownership | | 20 | interest in Ace Decade Holdings Limited? | | 21 | A So I have the interest and ask for UBS to | | 22 | pay back \$500 million. That kind of interest. | | 23 | Q Are you the only legal owner of Ace Decade | | 24 | Holdings Limited? | | 25 | THE OFFICIAL INTERPRETER: Are you the |

Fiore Reporting and Transcription Service, Inc.

| | Ho Wan Kwok - April 6, 2022 61 | |----|--------------------------------------------------------| | 1 | only -- can you repeat that question? | | 2 | BY MS. CLAIBORN: | | 3 | Q Are you the only legal owner of Ace | | 4 | Decades? | | 5 | A I am a legal representing owner. | | 6 | Q Are there any other owners of Ace Decade? | | 7 | A No. | | 8 | Q When did you become an owner of Ace Decade | | 9 | Holdings Limited? | | 10 | A At the end of 2014. | | 11 | Q This is a long question. In your | | 12 | litigation in London against UBS, you are an | | 13 | individual plaintiff. What is the basis for your | | 14 | claim as an individual plaintiff? | | 15 | A Because I'm the 100 percent representative | | 16 | for Ace Decade. | | 17 | Q In the litigation against UBS in London, | | 18 | there is an allegation that Ace Decade gave \$500 | | 19 | million to Dawn State Limited. Where did Ace Decade | | 20 | get the \$500 million? | | 21 | A I loan from my family. | | 22 | Q Did you borrow money from your family and | | 23 | give it to Ace Decade? | | 24 | A Yes. | | 25 | MS. CLAIBORN: I don't think that was -- |

Fiore Reporting and Transcription Service, Inc.

Case 22-50073 Doc 848 Filed 09/12/22 Entered 09/12/22 12:49:26 Page 8 of 8