--- type: court_doc id: "court_ctb_855_1" court: "CTB" case_no: "22-50073" doc_number: 855 doc_type: "ORDER" filed_date: "2022-09-13" lang: "zh" url: "https://mubeitech.com/court/court_ctb_855_1" json_url: "https://mubeitech.com/api/court/court_ctb_855_1" --- # Exhibit A UNITED STATES BANKRUPTCY COURT DISTRICT OF CONNECTICUT BRIDGEPORT DIVISION > 原始法庭文件为英文；下方为英文全文，顶部为中文摘要。 # **Exhibit A** ## **UNITED STATES BANKRUPTCY COURT DISTRICT OF CONNECTICUT BRIDGEPORT DIVISION** | ------------------------------------------------------
x | | |-------------------------------------------------------------|----------------------------------------| | In re: | :
:
Chapter 11 | | HO WAN KWOK, | :
:
Case No. 22-50073 (JAM)
: | | Debtor. | :
: | | ------------------------------------------------------ | x | # **DECLARATION OF CLAIRE ABREHART IN SUPPORT OF ADDENDUM TO 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 HARNEY WESTWOOD AND RIEGELS LP, AS BRITISH VIRGIN ISLANDS COUNSEL TO THE CHAPTER 11 TRUSTEE** I, Claire Abrehart, under penalty of perjury, declare as follows: 1. I am a director of Harneys Corporate Services Limited ("Harneys Corporate"), Craigmuir Chambers, Road Town, Tortola, British Virgin Islands ("BVI"), and I make this declaration in support of the *Addendum to 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 Harney Westwood and Riegels LP, as British Virgin Islands Counsel to the* *Chapter 11 Trustee* (the "Addendum"). [1](#page-1-0) 2. Harneys Corporate is a BVI business company authorized and regulated by the BVI Financial Services Commission for the provision of certain fiduciary services, including the 1 Capitalized terms used but not otherwise defined herein have the meanings set forth in the Addendum. provision of professional directors. Harneys Corporate maintains an office in the British Virgin Islands. 3. Harneys Corporate has expertise in the provision of fiduciary services to clients incorporated in the British Virgin Islands. Its services include the provision of registered agent/registered office services, the provision of professional directors, and the provision of compliance and economic substance solutions. 4. Genever Holdings Corporation ("Genever BVI") has entered into the Director Services Agreement[2](#page-2-0) with (a) Harneys Corporate and (b) solely for purposes of the payment of annual fees (as set forth in Section 6 of the Director Services Agreement), the Chapter 11 Trustee. Pursuant to the Director Services Agreement, Harneys Corporate agrees, among other things, to provide a person, namely Claire Abrehart, to serve as a director of Genever BVI, replacing the current director of Genever BVI (*i.e.*, Mr. Ho Wan Kwok). 5. Genever BVI is not a debtor in the Chapter 11 Case, nor is Genever BVI a debtor in any other bankruptcy case. Accordingly, Harneys Corporate is not being retained by the Chapter 11 Trustee or the Estate. Nor does Harneys intend to apply to the Court for compensation for any services rendered under the Director Services Agreement. 6. In recognition of the Estate's limited resources, Harneys Corporate has agreed to certain modifications to its standard fee structure, including allowing the Chapter 11 Trustee to defer payment of any future annual fees until such time as the Estate has recovered additional funds sufficient to pay such future annual fees. Furthermore, Harneys Corporate has agreed to reduce the annual fee for director services with respect to Affiliated Companies from \$20,000 to 2 A copy of the Director Services Agreement is attached as **Exhibit B** to the Addendum. \$7,500.[3](#page-3-0) Thus, the Estate's only out-of-pocket expense, at this time, is the payment of \$6,667 for the pro rata share of the 2022 annual fee with respect to the director services for Genever BVI, while the payment on all future annual fees is deferred until the Estate has recovered sufficient additional funds. Moreover, Harneys Corporate has agreed to forego accrual of any interest on such deferred fees until January 1, 2024.[4](#page-3-1) Harneys Corporate would not have agreed to these concessions absent Harneys Legal being retained as the Chapter 11 Trustee's BVI counsel. 7. To the best of my knowledge and belief after reasonable inquiry, and except as disclosed herein, neither I, nor Harneys Corporate, nor any member or associate thereof, represents professionally, or has any connection with, the Debtor, his creditors, any other partyin-interest, their respective attorneys and accountants, the United States Trustee, or any person employed in the Office of the United States Trustee. 8. 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 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, 3 The Chapter 11 Trustee anticipates that it will require additional director services from Harneys Corporate in connection with the exercise of corporate control over additional Debtor-controlled BVI entities. 4 Pursuant to Section 6.4 of the Director Services Agreement, in the event that any fees to Harneys Corporate have accrued in accordance with the Director Services Agreement prior to January 1, 2024 (the "Interest Date") and have not been paid by the Interest Date (by virtue of the operation of Section 6.3 of the Director Services Agreement or otherwise), such fees shall carry interest at an annualized rate of 7.5%, compounded annually and calculated from the Interest Date. 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 case; - d. the Court and personnel of the office of the United States Trustee; and - e. other parties in interest that I have become aware of as a result of the Trustee's ongoing investigation of the Debtor's assets. 9. Harneys Corporate maintains a computer database (the "Database") containing, among other things, the names of all Harneys Corporate's current and former clients. I caused to be submitted to, and checked against, the Database all of the names listed on **Schedule 1** (collectively, the "Interested Parties"). 10. 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 Harney Westwood and Riegels LP ("Harneys Legal") as BVI counsel to the Trustee. Harneys Legal shares ultimate common ownership with Harneys Corporate, which is a separate legal entity that is operationally independent from Harneys Legal. Also, some members of the board of directors of Harneys Corporate are also partners of Harneys Legal. - b. In connection with the Trustee's obtaining control over Genever BVI, and as detailed in corporate governance order, dated August 10, 2022 [Docket No. 717] (the "Corporate Governance Order"), the Trustee selected Harneys Corporate to serve as registered agent of Genever BVI. - c. Harneys Corporate is currently the registered agent for Bravo Luck Limited, although it is taking steps to resign from that position. The provision of registered agent services to Bravo Luck Limited does not create a conflict of interest that would prevent Harneys Legal or Harneys Corporate from providing legal and fiduciary services to Genever BVI. The provision of registered agent services is administrative in nature, as it is limited to providing a legal address in the BVI, maintaining certain corporate documents, and making filings with the BVI Corporate Registry on receiving instructions to do so. As a matter of BVI law, the provision of registered agent services is not equivalent to the provision of director services and would not make Harneys Corporate part of the management of, or grant corporate control, over Bravo Luck Limited. For the avoidance of doubt, Claire Abrehart has had no dealings with Bravo Luck Limited and, moreover, she will be shielded from any dealings that Harneys Corporate may have with Bravo Luck Limited. - d. A number of Interested Parties are banks and similar financial institutions (this includes, without limitation, HSBC, Barclays Bank. Chase Bank, Citibank, JP Morgan, Standard Chartered Bank, UBS). Harneys Corporate and Harneys Legal have previously been involved in transactions involving these institutions as both client and counterparty, in matters which, as far as I am aware after reasonable inquiry, are unrelated to the Debtor. Affiliates of HSBC and Barclays Bank also provide banking services to affiliates of Harneys Corporate and Harneys Legal again, in matters which, as far as I am aware after reasonable inquiry, are unrelated to the Debtor. - e. 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. - f. Certain individuals listed as "Other Interested Parties" on **Schedule 1** hereto (but, for the avoidance of doubt, none of the individuals listed under "Debtor, Family Members, and Certain Related Entities" on **Schedule 1** hereto) are connected with entities for which Harneys Corporate has also provided registered agent services—for example, as a director or ultimate beneficial owner of such entities. As noted in paragraph c. above, the provision of registered agent services is administrative in nature, and we do not consider that the provision of such services creates a conflict of interest that would prevent Harneys Legal or Harneys Corporate from providing legal and fiduciary services to Genever BVI. Obligations of client confidentiality prevent us from making full disclosure of the relevant individuals. 11. While Harneys Corporate 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 Corporate will review, disclose, and resolve any conflict or adverse interests that may appear. Pursuant to 28 U.S.C. § 1746, I declare under penalty of perjury under the laws of the United States that the above statements are true and correct. Dated: September 13, 2022, at Tortola, British Virgin Islands Claire Abrehart ## **SCHEDULE 1** ## **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 YAN 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 H. FLAMINI ERIN HOGAN STEVEN MACKEY FRANK MARINO JENNIFER J. MOREY NICOLE NEELY SHARON WARNER JOHN GERVAIS ### **OTHER INTERESTED PARTIES** 7 NOD HILL LLC, AAGV LIMITED ABRAMS FENSTERMAN, LLP ACA CAPITAL GROUP LIMITED ACA INVESTMENT FUND ACA INVESTMENT MANAGEMENT LTD. ACASS CANADA LTD. ACE DECADE HOLDINGS LIMITED AI GROUP HOLDINGS INC., ALFA GLOBAL VENTURES LIMITED ALFONSO GLOBAL LIMITED ALLIED CAPITAL GLOBAL LIMITED ALPINE FIDUCIARIES SA AN HONG ANDREW SULNER/FORENSIC DOCUMENT EXAMINATIONS, LLC ANTON DEVELOPMENT LIMITED ARETHUSA FORSYTH ASSETS SINO LIMITED AUSPICIOUS COAST LIMITED BAIQIAO TANG A/K/A TANG BAIQIAO BAKER HOSTETLER LLP BARCLAYS BANK PLC 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 PANGU INVESTMENT CO. BEIJING ZENITH HOLDINGS CO. BEIJING ZHONG XIAN WEI YE STAINLESS DECORATION CENTER BERKELEY ROWE BERNARDO ENRIQUEZ BOIES SCHILLER BOXUN INC. BRANCH BROWN HARRIS STEVENS BROWN RUDNICK, LLP BSA STRATEGIC FUND I BURNETTE SHUTT AND MCDANIEL PA CAHILL GORDON & REINDEL LLP CHAO-CHIH CHIU CHASE BANK CHENGLONG WANG CHIESA SHAHINIAN & GIANTOMASI PC CHINA GOLDEN SPRING GROUP (HONG KONG) LIMITED CHONG SHEN RAPHANELLA CHUANG XIN LTD. CITIBANK CLARK HILL PLC CLAYMAN & ROSENBERG LLP CLAYMAN ROSENBERG KIRSHNER & LINDER LLP COHN BIRNBAUM & SHEA P.C. COUNSEL PRESS INC. CRANE ADVISORY GROUP LLC CREATIVE APEX INVESTMENTS LIMITED CRYSTAL BREEZE INVESTMENTS LIMITED Case 22-50073 Doc 855-1 Filed 09/13/22 Entered 09/13/22 21:06:46 Page 12 of DANIEL PODHASKIE DANIEL S. ALTER DANYU LIN DAWN STATE LIMITED DONGNA FANG EASTERN PROFIT CORPORATION LIMITED EDUARDO EURNEKIAN ELITE WELL GLOBAL LIMITED ELLIOTT KWOK LEVINE & JAROSLAW LLP EMPIRE GROWTH HOLDINGS ERIC GOLDSMITH MD, LLC FAN BINGBING FIONA YU FORBES HARE G CLUB OPERATIONS LLC G FASHION LLC G NEWS LLC, GANFER SHORE LEEDS & ZAUDERER GAO BINGCHEN G-CLUB GETTR USA GFASHION MEDIA GROUP INC., GFNY, INC GLENN MELLOR GLOBALIST INTERNATIONAL LIMITED GNEWS MEDIA GROUP INC., GOLDFARB & HUCK ROTH RIOJAS, PLLC GREENWICH LAND LLC G-TRANSLATORS PTY LTD GTV MEDIA GROUP, INC., GUO LIJIE GUO MEDIA GUO WENOUN GUO WENPING HAIHONG WANG HAMILTON CAPITAL HOLDINGS INC HAN CHUNGUANG HAO HAIDONG HARCUS PARKER LTD. HE BEI YUE HUA ZHUANG SHI GONG CHENG LTD. HEAD WIN GROUP LIMITED HELEN MANIS HENAN YUDA HERO GRAND LIMITED HIMALAYA EMBASSY HIMALAYA EXCHANGE HIMALAYA FEDERAL RESERVE HIMALAYA INTERNATIONAL CLEARING LTD. HIMALAYA INTERNATIONAL FINANCIAL GROUP LTD HIMALAYA INTERNATIONAL PAYMENTS LTD. HIMALAYA INTERNATIONAL RESERVES LTD. HIMALAYA SUPERVISORY ORGANIZATION HING CH NGOK HONG KONG INTERNATIONAL FUNDS INVESTMENTS LIMITED HONG QI QU JIAN SHE GROUP, LTD. HONG ZENG 15 HUDSON DIAMOND NY LLC HSBC INFINITE INCREASE LIMITED INFINITUM DEVELOPMENTS LIMITED INSIGHT CAPITAL INSIGHT PHOENIX FUND JANOVER LLC JASON MILLER JENNIFER MERCURIO JESSE BROWN JIA LI WANG JIA YANG LI JIAMEI LU JIAN FAN JIANG SU PROVINCE JIAN GONG GROUP LTD BEIJING BRANCH JIANG YUNFU BE JIANHU YI JIANSHENGXIE AND JIEFU ZHENG JING GENG JOHN S LAU JONATHAN YOUNG JPMORGAN CHASE BANK, N.A. JUMBO CENTURY LIMITED JUN LIU JUNE SHI KAIXIN HONG KARIN MAISTRELLO, KATHLEEN SLOANE KERCSMAR FELTUS & COLLINS PLLC KEYI ZIKLIE KUI CHENG LALIVE SA LAO JIANG LAW FIRM OF CALLARI PARTNERS, LLC LAWALL & MITCHELL, LLC LEADING SHINE LIMITED LEE VARTAN LIEHONG ZHUANG LIHONG WEI LAFRENZ (AKA SARA WEI) LINDA HE CHEUNG LOGAN CHENG (F/K/A SHUIYAN CHENG) LONG GATE LIMITED MACDONALD MAR-A-LAGO MAUNAKAI CAPITAL MAX KRASNER MCELROY, DEUTSCH, MULVANEY & CARPENTER, LLP MELISSA MENDEZ MILES GUO MILES GWOK MOA-FU NEW DYNAMIC DEVELOPMENT LIMITED NEW FEDERAL STATE OF CHINA NEXT TYCOON INVESTMENTS LIMITED NOBLE FAME GLOBAL LIMITED OGIER O'MELVENY & MYERS LLP O'NEAL WEBSTER PACIFIC ALLIANCE ASIA OPPORTUNITY FUND L.P. PAUL WEISS PETRILLO KLEIN & BOXER LLP PHILLIPS NIZER LLP PULLMAN & COMLEY, LLC QIQHUA FAN QU GUOJIAO QUIJU JIA RANDAZZA LEGAL GROUP, PLLC ROBINSON & COLE LLP RONG ZHANG ROSS HEINEMEYER ROY D. SIMON RUIZHENG AN RULE OF LAW FOUNDATION III RULE OF LAW SOCIETY IV INC RUQUIN WANG SAIL VICTORY LIMITED SAMUEL DAN NUNBERG SARA WEI (A/K/A LIHONG WEI LAFRENZ) SARACA MEDIA GROUP, INC., SCHULMAN BHATTACHARYA, LLC SELAS MONTBRIAL AVOCATS SHANE D SHOOK SHERRY-NETHERLAND, INC. SHI JIA ZHUANG ZHEN YUAN JIAN ZHU AN ZHUANG GONG CHENG LTD BEJING FIRST SHINY ACE INNOVATION CO LTD SHINY TIMES LTD. SHUANG WANG SPIRIT CHARTER INVESTMENT LIMITED STANDARD CHARTERED BANK STEPHEN WONG STEVE BANNON, STEVENSON WONG STOKES LAWRENCE, PS STRATEGIC VISION LLC TELI CHEN THE CASPER FIRM THE FRANCIS FIRM PLLC THE LAW OFFICES OF RAFAEL A. VARGAS THE SHERRY-NETHERLAND HOTEL THOMAS RAGLAND TM PRIMROSE LIMITED TROUTMAN PEPPER HAMILTON SANDERS LLP TROY LAW PLLC U.S. LEGAL SUPPORT, INC. UBS AG UBS AG (LONDON BRANCH) UBS AG (LONDON) UNA MANYEE WILKINSON VERDOLINO & LOWEY VERITEXT VOICE OF GUO MEDIA, INC. Case 22-50073 Doc 855-1 Filed 09/13/22 Entered 09/13/22 21:06:46 Page 14 of 15 VX CERDA & ASSOCIATES 15 WA&HF LLC WARD & BERRY, PLLC WEICAN ("WATSON") MENG WEIGUO SUN WEIXIANG GE WELL ORIGIN LTD. WEN LIN WENG WHITECROFT SHORE LIMITED WHITMAN BREED ABBOTT & MORGAN LLC WILLIAM BRADLEY WENDEL WILLIAM GERTZ WILLIAM JE (JE KIN MING) WILLIAMS & CONNOLLY WORLD CENTURY LIMITED, WORLDWIDE OPPORTUNITY HOLDINGS LIMITED WU ZHENG XIAO YAN ZHU XIAODAN WANG XINGYU YAN XIQUI ("BOB") FU YA LI YACHTZOO SARL YAN GAO YAN HUANG YANG LAN YANKWITT LLP YANPING WANG YAZ QINGUA YELIANG XIA YI LI YING LIU YUE HUA ZHU SHI YUNXIA WU YVETTE WANG ZEICHNER ELLMAN & KRAUSE LLP ZEISLER & ZEISLER, P.C. ZHANG WEI ZHENG WU (A/K/A BRUNO WA) ZHENGJUN DONG ZIBA LIMITED