Guo Wengui / Miles Guo — bankruptcy case · ORDER · ECF #1977

#### **IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF CONNECTICUT**

In re:

HO WAN KWOK, *et al.*,

Debtors.¹

Chapter 11

Case No. 22-50073 (JAM)

(Jointly Administered)

July 5, 2023

### **G CLUB OPERATIONS LLC'S NOTICE RE: MOTION, PURSUANT TO BANKRUPTCY RULE 9019, REGARDING SETTLEMENT WITH ASSIGNEE OF HCHK ENTITIES UNDER NEW YORK COURT ASSIGNMENT PROCEEDINGS**

G Club Operations LLC ("**G Club**"), by and through its undersigned counsel, provides the following notice for purposes of the *Motion, Pursuant to Bankruptcy Rule 9019, Regarding Settlement with Assignee of HCHK Entities Under New York Court Assignment Proceedings* (ECF

No. 1936, the "**9019 Motion**"):

1. G Club does *not* object to the 9019 Motion.

2. G Club gives notice that it is a counterparty to certain contractual agreements as set

forth in a certain Master Services Agreement with HCHK Technologies, Inc. (Delaware) ("**HCHK**

# **Technologies**").

3. Nothing in the proposed settlement between the Trustee and HCHK Technologies, or in any proposed order, should waive G Club's rights set forth in the Master Services Agreement.

4. Specifically, HCHK Technologies is in possession of Confidential Information (as that term is defined in the Master Services Agreement) belonging to G Club as HCHK Technologies administered and managed G Club's emails and other applications.

¹ The Debtors in these chapter 11 cases are Ho Wan Kwok (last four digits of tax identification number: 9595) (the "Debtor"), 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).

5. The Assignee does not have the right to disclose that information to the Trustee,

and G Club does not consent to the Trustee taking possession of that information. Rather, the information should be returned to G Club to enable it to review and provide responsive information to the Trustee in connection with Rule 2004 subpoena.

6. Accordingly, G Club proposes that paragraph 6 of the proposed order (ECF No.

1936 at 21) be modified as follows:

The Assignee shall immediately make available to the Trustee all non-privileged corporate records (including in electronic form) and other documents pertaining *only* to the HCHK Entities in the possession of the Assignee *and, provided however, that third-party information in the possession of the Assignee, including G Club data, should be returned to the proper party*.

7. Said G Club data is not property of the Assignee and should be returned to G Club

in accordance with the Master Services Agreement.

8. Pursuant to that Master Services Agreement, HCHK also owes funds to G Club that

should be returned to G Club.

# **G CLUB OPERATIONS LLC**

By: */s/ Jeffrey M. Sklarz* GREEN & SKLARZ LLC Jeffrey M. Sklarz (ct20938) Kellianne Baranowsky (ct26684) One Audubon St., 3rd Floor New Haven, CT 06511 Tel: 203-285-8545 jsklarz@gs-lawfirm.com kbaranowsky@gs-lawfirm.com

> PILLSBURY WINTHROP SHAW PITTMAN LLP Carolina A. Fornos (*pro hac vice*) 31 West 52nd Street New York, NY 10019 Tel: 212-858-1558 carolina.fornos@pillsburylaw.com

*Attorneys for G Club Operations LLC*

#### **CERTIFICATE OF SERVICE**

I hereby certify that on the date set forth below, a copy of the foregoing was served via CM/ECF. Parties may access this filing through the Court's CM/ECF system.

Date: July 5, 2023 /s/ Jeffrey M. Sklarz