Guo Wengui / Miles Guo — bankruptcy case · ECF #1520

UNITED STATES BANKRUPTCY COURT DISTRICT OF CONNECTICUT BRIDGEPORT DIVISION

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In re: :

HO WAN KWOK et al., : Case No. 22-50073 (JAM) Debtors.1 :

----------------------------------------------------------- x APPELLEE'S COUNTER-DESIGNATION OF ADDITIONAL ITEMS TO BE INCLUDED IN RECORD ON APPEAL

1 The Debtors in these chapter 11 cases are Ho Wan Kwok (also known as Guo Wengui, Miles Guo, and Miles Kwok, as well as numerous other aliases) (last four digits of tax identification number: 9595), Genever Holdings LLC (last four digits of tax identification number: 8202) and Genever Holdings Corporation. The mailing address for the Trustee, Genever Holdings LLC, and Genever Holdings Corporation is Paul Hastings LLP, 200 Park Avenue, New York, NY 10166 c/o Luc A. Despins, as Trustee for the Estate of Ho Wan Kwok (solely for purposes of notices and communications).

Appellee, 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"), by and through his undersigned counsel, hereby provides, pursuant to Rule 8009 of the Federal Rules of Bankruptcy Procedure, the following counter-designation of additional items to be included in the record on appeal.

Appellee respectfully counter-designates the following items for inclusion in the record

on appeal pursuant to Rule 8009(a)(2) of the Federal Rules of Bankruptcy Procedure. This

designation includes all exhibits attached or referred to in the pleadings or matters of record.

Motion for Order Confirming That Chapter 11 Trustee Holds All of Debtor's Economic and Corporate

Entities; Authorizing Chapter 11 Trustee to Act in Any Foreign Country on Behalf of Estate; and Granting Related Relief, Filed by Eric A. Henzy on behalf of Ho Wan Kwok Debtor 679 08/04/2022 Reply to Motion for Order Confirming That Chapter 11 Trustee Holds All of Debtor's Economic and Corporate

Entities; Authorizing Chapter 11 Trustee to Act in Any Foreign Country on Behalf of Estate; and Granting Related Relief, Filed by Patrick R. Linsey on behalf of Luc A. Despins

701 08/04/2022 Chapter 11 Trustee List of Exhibits entered into evidence during the hearing held on August 4, 2022 regarding ECF No. 598 Motion for Order Confirming that Chapter 11 Trustee Holds All of Debtors Economic and Corporate

Entities; Authorizing Chapter 11 Trustee to Act in Any Foreign Country on Behalf of Estate; and Granting Related Relief Main Bankruptcy Case Docket Entries (No. 22-50073 (JAM))

702 08/04/2022 Debtor Ho Wan Kwok List of Exhibits entered into evidence during the hearing held on August 4, 2022 regarding ECF No. 598 Motion for Order Confirming that Chapter 11 Trustee Holds All of Debtors Economic and Corporate

Entities; Authorizing Chapter 11 Trustee to Act in Any Foreign Country on Behalf of Estate; and Granting Related Relief

723 08/10/2022 Notice of Appeal of Order, Pursuant to Bankruptcy Code Sections 363, 521, 541, 1108, and 1505, (A) Confirming That Chapter 11 Trustee Holds All of Debtor's Economic and Corporate Governance Rights in Debtor-Controlled Entities, (B) Authorizing Chapter 11 Trustee to Act in Any Foreign Country on Behalf of Estate, and (C) Granting Related Relief 746 08/12/2022 Transcript. Hearing Held on 8/4/2022 761 08/17/2022 Debtor's Motion for Stay Pending Appeal of Order, Pursuant to Bankruptcy Code Sections 363, 521, 541, 1108 and 105, (A) Confirming that Chapter 11 Trustee Holds all of Debtor's Economic and Corporate Governance Rights in Debtor Controlled Entities, (B) Authorizing Chapter 11 Trustee to Act in any Foreign Country on Behalf of Estate,

Granting Related Relief filed by Eric A. Henzy on behalf of

858 09/14/2022 Errata Sheet Regarding Official Transcript of August 4, 2022

1268 12/28/2022 Debtor Ho Wan Kwok's List of Exhibits entered into evidence during the evidentiary hearing held on November 16-18, 2022 regarding ECF No. 913 Motion of Chapter 11 Trustee for Entry of Order Holding Debtor in Civil Contempt for Failure to Comply with Corporate Governance Rights Order filed by Douglas S. Skalka on behalf of Luc A.

1269 12/28/2022 Chapter 11 Trustee Luc Despins' List of Exhibits entered into evidence during the evidentiary hearing held on November 16-18, 2022 regarding ECF No. 913 Motion of Chapter 11 Trustee for Entry of Order Holding Debtor in Civil Contempt for Failure to Comply with Corporate Governance Rights Order filed by Douglas S. Skalka on behalf of Luc A.

Appellee, pursuant to Rule 8009(b)(3) of the Federal Rules of Bankruptcy Procedure, hereby certifies that he is not ordering any transcripts. All transcripts have been prepared and are either available on the docket or in the Bankruptcy Court Clerk's Office.

Appellee expressly reserves the right to (i) withdraw, supplement, amend or modify this Counter-Designation of Record on Appeal and (ii) move to strike any items included by the Appellant in his Designation of Items to be Included in the Record on Appeal and Statement of Issues to be Presented. This filing is made expressly subject to, and without waiver of any and all rights, remedies, challenges, and objections.

New Haven, Connecticut CHAPTER 11 TRUSTEE

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

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

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

UNITED STATES BANKRUPTCY COURT DISTRICT OF CONNECTICUT BRIDGEPORT DIVISION

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The undersigned certifies that the foregoing was filed electronically using the Court's case management/electronic case files ("CM/ECF") system. Notice of this filing was sent automatically by email to anyone able to accept electronic notice using the Court's CM/ECF system on the date of filing or was sent by first class mail, postage prepaid, to anyone unable to accept electronic notice pursuant to the Notice of Electronic Filing on the day of filing or, if after business hours, on the next business day. This filing may be accessed using the CM/ECF system.

New Haven, Connecticut CHAPTER 11 TRUSTEE

Patrick R. Linsey (ct29437) NEUBERT, PEPE & MONTEITH, P.C. 195 Church Street, 13th Floor New Haven, Connecticut 06510 (203) 781-2847 plinsey@npmlaw.com

1 The Debtors in these chapter 11 cases are Ho Wan Kwok (also known as Guo Wengui, Miles Guo, and Miles Kwok, as well as numerous other aliases) (last four digits of tax identification number: 9595), Genever Holdings LLC (last four digits of tax identification number: 8202) and Genever Holdings Corporation. The mailing address for the Trustee, Genever Holdings LLC, and the Genever Holdings Corporation is Paul Hastings LLP, 200 Park Avenue, New York, NY 10166 c/o Luc A. Despins, as Trustee for the Estate of Ho Wan Kwok (solely for purposes of notices and communications).