Guo Wengui / Miles Guo — bankruptcy case · PETITION · ECF #19

METADATA

Defendant
Guo Wengui / Miles Guo / Ho Wan Kwok
Court
CTB
Case No.
22-50073
ECF #
19
Type
PETITION
Filed
2022-02-23

FULL TEXT

Official Form 101

Voluntary Petition for Individuals Filing for Bankruptcy /

The bankruptcy forms use you and Debtor 1 to refer to a debtor filing alone. A married couple may file a bankruptcy case together—called a joint case—and in joint cases, these forms use you to ask for information from both debtors. For example, if a form asks, "Do you own a car," the answer would be yes if either debtor owns a car. When information is needed about the spouses separately, the form uses Debtor 1 and Debtor 2 to distinguish between them. In joint cases, one of the spouses must report information as Debtor 1 and the other as Debtor 2. The same person must be Debtor 1 in all of the forms.

**Be as complete and accurate as possible. If two married people are filing together, both are equally responsible for supplying correct information. If more space is needed, attach a separate sheet to this form. On the top of any additional pages, write your name and case number (if known). Answer every question.**

Part 1: Identify Yourself

About Debtor 1: About Debtor 2 (Spouse Only in a Joint Case):

1. Your full name Write the name that is on your government-issued picture identification (for example, your driver's license or Ho Wan
First name

__________________________________________________ __________________________________________________

First name

passport).

Bring your picture Middle name Kwok

__________________________________________________ Middle name

identification to your meeting with the trustee. Last name ___________________________ Last name

Suffix (Sr., Jr., II, III) Suffix (Sr., Jr., II, III)

2. All other names you Miles have used in the last 8

years __________________________________________________

First name

__________________________________________________ __________________________________________________

First name
Include your married or maiden names. Middle name Kwok; Guo

__________________________________________________ Middle name

Last name Last name Wengui

First name __________________________________________________

First name
Middle name Guo

__________________________________________________ __________________________________________________

Middle name
Last name Last name
3. Only the last 4 digits of your Social Security 9
xxx – xx – ____ ____ ____ ____ xxx – xx – ____ ____ ____ ____ number or federal Individual Taxpayer Identification number (ITIN) OR OR
xx – xx – ____ ____ ____ ____ 9 xx – xx – ____ ____ ____ ____

Case 22-50073 Doc 19 Filed 02/23/22 Entered 02/23/22 18:57:26 Page 2 of 9

Ho Wan Debtor 1 Kwok

_______________________________________________________ 22-50073 Case number (if known)_____________________________________

First Name Middle Name Last Name

About Debtor 1: About Debtor 2 (Spouse Only in a Joint Case):

Any business names

4.

and Employer Identification Numbers ✔ ‰

I have not used any business names or EINs. ‰ I have not used any business names or EINs.

(EIN) you have used in

the last 8 years _________________________________________________ Business name _________________________________________________

Business name Include trade names and

doing business as names _________________________________________________ Business name _________________________________________________

Business name ___ ___ – ___ ___ ___ ___ ___ ___ ___

EIN ___ ___ – ___ ___ ___ ___ ___ ___ ___

EIN ___ ___ – ___ ___ ___ ___ ___ ___ ___

EIN ___ ___ – ___ ___ ___ ___ ___ ___ ___

EIN Where you live

5. If Debtor 2 lives at a different address: c/o Golden Spring (New York) Ltd. _________________________________________________ _________________________________________________

Number Street Number Street 162 East 64th Street

_________________________________________________ _________________________________________________

New York NY

_________________________________________________ _________________________________________________

City State ZIP Code New York City State ZIP Code

County _________________________________________________

County

If your mailing address is different from the one above, fill it in here. Note that the court will send any notices to you at this mailing address. If Debtor 2's mailing address is different from yours, fill it in here. Note that the court will send any notices to this mailing address.

Number

Street _________________________________________________

Number Street

P.O. Box _________________________________________________

P.O. Box
City State

ZIP Code _________________________________________________

City State ZIP Code Why you are choosing

6. Check one: Check one:

this district to file for bankruptcy ✔ ‰

Over the last 180 days before filing this petition, I have lived in this district longer than in any

other district. ‰

Over the last 180 days before filing this petition, I have lived in this district longer than in any other district.

I have another reason. Explain.

(See 28 U.S.C. § 1408.) ‰

I have another reason. Explain.

(See 28 U.S.C. § 1408.)

________________________________________ ________________________________________

________________________________________ ________________________________________

Case 22-50073 Doc 19 Filed 02/23/22 Entered 02/23/22 18:57:26 Page 3 of 9

Debtor 1 Ho Wan
First Name Middle Name Kwok

Last Name 22-50073 Case number (if known)_____________________________________ Part 2: Tell the Court About Your Bankruptcy Case

7. The chapter of the

Bankruptcy Code you Check one. (For a brief description of each, see Notice Required by 11 U.S.C. § 342(b) for Individuals Filing for Bankruptcy (Form 2010)). Also, go to the top of page 1 and check the appropriate box.

are choosing to file under ‰ Chapter 7 ✔ ‰ Chapter 11 ‰ Chapter 12 ‰ Chapter 13 8. How you will pay the fee ✔ ‰

I will pay the entire fee when I file my petition. Please check with the clerk's office in your local court for more details about how you may pay. Typically, if you are paying the fee yourself, you may pay with cash, cashier's check, or money order. If your attorney is submitting your payment on your behalf, your attorney may pay with a credit card or check with a pre-printed address.

I need to pay the fee in installments. If you choose this option, sign and attach the Application for Individuals to Pay The Filing Fee in Installments (Official Form 103A).

I request that my fee be waived (You may request this option only if you are filing for Chapter 7. By law, a judge may, but is not required to, waive your fee, and may do so only if your income is less than 150% of the official poverty line that applies to your family size and you are unable to

9. Have you filed for ✔ ‰

No Chapter 7 Filing Fee Waived (Official Form 103B) and file it with your petition. pay the fee in installments). If you choose this option, you must fill out the Application to Have the

bankruptcy within the

last 8 years? ‰ Yes. District __________________________ When _______________ Case number ___________________________

MM / DD / YYYY

District __________________________ When MM / DD / YYYY _______________ Case number ___________________________ District __________________________ When MM / DD / YYYY _______________ Case number ___________________________

10. Are any bankruptcy cases pending or being ✔ ‰ No filed by a spouse who is

not filing this case with ‰ Yes. Debtor _________________________________________________ Relationship to you _____________________

affiliate? you, or by a business

partner, or by an District __________________________ When MM / DD / YYYY _______________ Case number, if known____________________ Debtor _________________________________________________ Relationship to you _____________________ District __________________________ When MM / DD / YYYY _______________ Case number, if known____________________

11. Do you rent your residence? ✔ ‰

No. ‰ Go to line 12.

‰ Yes. Has your landlord obtained an eviction judgment against you? No. Go to line 12. part of this bankruptcy petition. Yes. Fill out Initial Statement About an Eviction Judgment Against You (Form 101A) and file it as

Case 22-50073 Doc 19 Filed 02/23/22 Entered 02/23/22 18:57:26 Page 4 of 9

Debtor 1 Ho Wan First Name Middle Name Last Name Kwok

_______________________________________________________ 22-50073 Case number (if known)_____________________________________ Part 3: Report About Any Businesses You Own as a Sole Proprietor

12. Are you a sole proprietor of any full- or part-time ✔ ‰

No. Go to Part 4.

business? ‰ Yes. Name and location of business A sole proprietorship is a business you operate as an individual, and is not a separate legal entity such as

a corporation, partnership, or Number Name of business, if any Street _______________________________________________________________________________________

LLC. If you have more than one sole proprietorship, use a separate sheet and attach it

to this petition. _______________________________________________ _______________________________________________________________________________________

_______ __________________________ City State ZIP Code

Check the appropriate box to describe your business:

Health Care Business (as defined in 11 U.S.C. § 101(27A))

Single Asset Real Estate (as defined in 11 U.S.C. § 101(51B))

Stockbroker (as defined in 11 U.S.C. § 101(53A))

Commodity Broker (as defined in 11 U.S.C. § 101(6))

‰ None of the above 13. Are you filing under Chapter 11 of the Bankruptcy Code and

are you a small business If you are filing under Chapter 11, the court must know whether you are a small business debtorRUDGHEWRU FKRRVLQJWRSURFHHGXQGHU6XEFKDSWHU9 so that it can set appropriate deadlines. If you indicate that you are a small business debtorRU\RXDUHFKRRVLQJWRSURFHHGXQGHU6XEFKDSWHU9, you must attach your most recent balance sheet, statement of operations, cash-flow statement, and federal income tax return or if any of these documents do not exist, follow the procedure in 11 U.S.C. § 1116(1)(B).

debtorRUDGHEWRUDV GHILQHGE\86&†

?

For a definition of small business debtor, see 11 U.S.C. § 101(51D). ‰

No. I am not filing under Chapter 11.

‰ the Bankruptcy Code. No. I am filing under Chapter 11, but I am NOT a small business debtor according to the definition in ‰ <hv,dpilolqjxqghu&kdswhu,dpdvpdooexvlqhvvghewrudffruglqjwrwkhghilqlwlrqlqwkh%dqnuxswf\< td=""></hv,dpilolqjxqghu&kdswhu,dpdvpdooexvlqhvvghewrudffruglqjwrwkhghilqlwlrqlqwkh%dqnuxswf\<> ‰ &RGHDQG,GRQRWFKRRVHWRSURFHHGXQGHU6XEFKDSWHU9RI&KDSWHU <hv,dpilolqjxqghu&kdswhu,dpdghewrudffruglqjwrwkhghilqlwlrqlq† riwkh<="" td=""></hv,dpilolqjxqghu&kdswhu,dpdghewrudffruglqjwrwkhghilqlwlrqlq†> %DQNUXSWF\&RGHDQG,FKRRVHWRSURFHHGXQGHU6XEFKDSWHU9RI&KDSWHU

Case 22-50073 Doc 19 Filed 02/23/22 Entered 02/23/22 18:57:26

Debtor 1 Ho Wan First Name Middle Name Kwok
Last Name 22-50073

Case number (if known)_____________________________________ Part 4: Report if You Own or Have Any Hazardous Property or Any Property That Needs Immediate Attention

14. Do you own or have any property that poses or is alleged to pose a threat of imminent and identifiable hazard to ‰

Yes. What is the hazard? ________________________________________________________________________

public health or safety?

Or do you own any property that needs

immediate attention? If immediate attention is needed, why is it needed? _______________________________________________

For example, do you own perishable goods, or livestock that must be fed, or a building

that needs urgent repairs? ________________________________________________________________________ Where is the property? ________________________________________________________________________

Number Street

________________________________________ _______

City State ZIP Code
Ho Wan Debtor 1 First Name Kwok
Middle Name Last Name 22-50073

Case number (if known)_____________________________________

Part 5: Explain Your Efforts to Receive a Briefing About Credit Counseling 15. Tell the court whether About Debtor 1: About Debtor 2 (Spouse Only in a Joint Case):

you have received a

briefing about credit You must check one: You must check one: counseling.

The law requires that you receive a briefing about credit ✔ ‰

I received a briefing from an approved credit counseling agency within the 180 days before I filed this bankruptcy petition, and I received a

certificate of completion. ‰

I received a briefing from an approved credit counseling agency within the 180 days before I filed this bankruptcy petition, and I received a certificate of completion.

counseling before you file for bankruptcy. You must

truthfully check one of the Attach a copy of the certificate and the payment plan, if any, that you developed with the agency. Attach a copy of the certificate and the payment plan, if any, that you developed with the agency.

following choices. If you cannot do so, you are not eligible to file. ‰

I received a briefing from an approved credit counseling agency within the 180 days before I filed this bankruptcy petition, but I do not have a

certificate of completion. ‰

I received a briefing from an approved credit counseling agency within the 180 days before I filed this bankruptcy petition, but I do not have a certificate of completion.

If you file anyway, the court can dismiss your case, you will lose whatever filing fee

you paid, and your creditors Within 14 days after you file this bankruptcy petition, you MUST file a copy of the certificate and payment plan, if any. Within 14 days after you file this bankruptcy petition, you MUST file a copy of the certificate and payment plan, if any.

can begin collection activities again. ‰

I certify that I asked for credit counseling services from an approved agency, but was unable to obtain those services during the 7 days after I made my request, and exigent circumstances merit a 30-day temporary waiver

of the requirement. ‰

I certify that I asked for credit counseling services from an approved agency, but was unable to obtain those services during the 7 days after I made my request, and exigent circumstances merit a 30-day temporary waiver of the requirement. To ask for a 30-day temporary waiver of the requirement, attach a separate sheet explaining what efforts you made to obtain the briefing, why you were unable to obtain it before you filed for bankruptcy, and what exigent circumstances required you to file this case. To ask for a 30-day temporary waiver of the requirement, attach a separate sheet explaining what efforts you made to obtain the briefing, why you were unable to obtain it before you filed for bankruptcy, and what exigent circumstances required you to file this case. Your case may be dismissed if the court is dissatisfied with your reasons for not receiving a briefing before you filed for bankruptcy. Your case may be dismissed if the court is dissatisfied with your reasons for not receiving a briefing before you filed for bankruptcy. If the court is satisfied with your reasons, you must still receive a briefing within 30 days after you file. You must file a certificate from the approved agency, along with a copy of the payment plan you developed, if any. If you do not do so, your case may be dismissed. If the court is satisfied with your reasons, you must still receive a briefing within 30 days after you file. You must file a certificate from the approved agency, along with a copy of the payment plan you developed, if any. If you do not do so, your case may be dismissed. Any extension of the 30-day deadline is granted only for cause and is limited to a maximum of 15 days. Any extension of the 30-day deadline is granted only for cause and is limited to a maximum of 15 days.

I am not required to receive a briefing about

credit counseling because of: ‰

I am not required to receive a briefing about credit counseling because of:

‰ Incapacity. ‰ I have a mental illness or a mental

Incapacity.

I have a mental illness or a mental deficiency that makes me deficiency that makes me incapable of realizing or making incapable of realizing or making

rational decisions about finances. rational decisions about finances.

‰ Disability. ‰ My physical disability causes me

Disability.

My physical disability causes me

- to be unable to participate in a briefing in person, by phone, or through the internet, even after I reasonably tried to do so. - Active duty. I am currently on active military duty in a military combat zone.

If you believe you are not required to receive a briefing about credit counseling, you must file a motion for waiver of credit counseling with the court.

duty in a military combat zone. If you believe you are not required to receive a briefing about credit counseling, you must file a motion for waiver of credit counseling with the court.

Active duty. I am currently on active military

to be unable to participate in a briefing in person, by phone, or through the internet, even after I reasonably tried to do so.

Case 22-50073 Doc 19 Filed 02/23/22 Entered 02/23/22 18:57:26 Page 7 of 9

Debtor 1 Ho Wan First Name Middle Name Last Name Kwok

_______________________________________________________ 22-50073 Case number (if known)_____________________________________ Part 6: Answer These Questions for Reporting Purposes

16. What kind of debts do

you have? 16a. Are your debts primarily consumer debts? Consumer debts are defined in 11 U.S.C. § 101(8) as "incurred by an individual primarily for a personal, family, or household purpose."

✔ ‰

No. Go to line 16b.

Yes. Go to line 17. 16b. Are your debts primarily business debts? Business debts are debts that you incurred to obtain money for a business or investment or through the operation of the business or investment.

✔ ‰

No. Go to line 16c.

Yes. Go to line 17. 16c. State the type of debts you owe that are not consumer debts or business debts. Litigation expenses, claims, and judgments

17. Are you filing under Chapter 7? ✔ ‰

No. I am not filing under Chapter 7. Go to line 18.

Do you estimate that after any exempt property is excluded and administrative expenses are paid that funds will be ‰

Yes. I am filing under Chapter 7. Do you estimate that after any exempt property is excluded and administrative expenses are paid that funds will be available to distribute to unsecured creditors?

‰ No ‰ Yes available for distribution

to unsecured creditors?

owe? 18. How many creditors do you estimate that you ‰ 1-49 ✔ ‰ 50-99 ‰ ‰ 1,000-5,000 5,001-10,000 ‰ ‰ 25,001-50,000 50,001-100,000 ‰ 100-199 ‰

200-999 ‰ 10,001-25,000 ‰ More than 100,000

19. How much do you estimate your assets to be worth? ‰ \$0-\$50,000 ✔ ‰ ‰ ‰ \$1,000,001-\$10 million ‰ ‰ \$500,000,001-\$1 billion \$50,001-\$100,000 ‰ \$100,001-\$500,000 ‰ ‰ ‰ \$10,000,001-\$50 million \$50,000,001-\$100 million ‰ ‰ \$1,000,000,001-\$10 billion \$10,000,000,001-\$50 billion

20. How much do you \$500,001-\$1 million

\$0-\$50,000 ‰ \$100,000,001-\$500 million \$1,000,001-\$10 million ‰ More than \$50 billion

\$500,000,001-\$1 billion to be? estimate your liabilities ‰ \$50,001-\$100,000 ‰ ‰ ‰ \$10,000,001-\$50 million ‰ ‰ \$1,000,000,001-\$10 billion \$100,001-\$500,000 ‰ \$500,001-\$1 million ✔ ‰ \$50,000,001-\$100 million

\$100,000,001-\$500 million ‰ \$10,000,000,001-\$50 billion

More than \$50 billion Part 7: Sign Below

For you I have examined this petition, and I declare under penalty of perjury that the information provided is true and correct. If I have chosen to file under Chapter 7, I am aware that I may proceed, if eligible, under Chapter 7, 11,12, or 13 of title 11, United States Code. I understand the relief available under each chapter, and I choose to proceed under Chapter 7. If no attorney represents me and I did not pay or agree to pay someone who is not an attorney to help me fill out this document, I have obtained and read the notice required by 11 U.S.C. § 342(b). I request relief in accordance with the chapter of title 11, United States Code, specified in this petition. I understand making a false statement, concealing property, or obtaining money or property by fraud in connection with a bankruptcy case can result in fines up to \$250,000, or imprisonment for up to 20 years, or both. 18 U.S.C. §§ 152, 1341, 1519, and 3571.

8 /s/ Ho Wan Kwok

______________________________________________ 8 _____________________________ Signature of Debtor 1 Signature of Debtor 2

02/23/2022 Executed on _________________ MM / DD / YYYY Executed on __________________ MM / DD / YYYY

Case 22-50073 Doc 19 Filed 02/23/22 Entered 02/23/22 18:57:26 Page 8 of 9

Debtor 1 Ho Wan First Name Middle Name Kwok
Last Name 22-50073

Case number (if known)_____________________________________

For your attorney, if you are represented by one If you are not represented by an attorney, you do not

need to file this page. I, the attorney for the debtor(s) named in this petition, declare that I have informed the debtor(s) about eligibility to proceed under Chapter 7, 11, 12, or 13 of title 11, United States Code, and have explained the relief available under each chapter for which the person is eligible. I also certify that I have delivered to the debtor(s) the notice required by 11 U.S.C. § 342(b) and, in a case in which § 707(b)(4)(D) applies, certify that I have no knowledge after an inquiry that the information in the schedules filed with the petition is incorrect.

/s/ Dylan _________________________________ Kletter

Signature of Attorney for Debtor Date MM _________________

02/23/2022 / DD / YYYY Dylan Kletter Printed name Firm name Number Brown Rudnick LLP 185 Asylum Street

Street _________________________________________________________________________________________________

Hartford

______________________________________________________ ____________ ______________________________

City 06103 ZIP Code (860) 509-6557

Contact phone _____________________________________ State Email address dkletter@brownrudnick.com

______________________________________________________ ____________

Bar number CT State
Case 22-50073 Doc 19

Filed 02/23/22 Entered 02/23/22 18:57:26 Page 9 of 9

Ho Wan Debtor 1 First Name Middle Name Kwok
Last Name 22-50073

Case number (if known)_____________________________________

For you if you are filing this bankruptcy without an

attorney The law allows you, as an individual, to represent yourself in bankruptcy court, but you should understand that many people find it extremely difficult to represent themselves successfully. Because bankruptcy has long-term financial and legal consequences, you are strongly urged to hire a qualified attorney. To be successful, you must correctly file and handle your bankruptcy case. The rules are very technical, and a mistake or inaction may affect your rights. For example, your case may be dismissed because you did not file a required document, pay a fee on time, attend a meeting or hearing, or cooperate with the court, case trustee, U.S. trustee, bankruptcy administrator, or audit firm if your case is selected for audit. If that happens, you could lose your right to file another case, or you may lose protections, including the benefit of the automatic stay. You must list all your property and debts in the schedules that you are required to file with the court. Even if you plan to pay a particular debt outside of your bankruptcy, you must list that debt in your schedules. If you do not list a debt, the debt may not be discharged. If you do not list property or properly claim it as exempt, you may not be able to keep the property. The judge can also deny you a discharge of all your debts if you do something dishonest in your bankruptcy case, such as destroying or hiding property, falsifying records, or lying. Individual bankruptcy cases are randomly audited to determine if debtors have been accurate, truthful, and complete. Bankruptcy fraud is a serious crime; you could be fined and imprisoned. If you decide to file without an attorney, the court expects you to follow the rules as if you had hired an attorney. The court will not treat you differently because you are filing for yourself. To be successful, you must be familiar with the United States Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, and the local rules of the court in which your case is filed. You must also be familiar with any state exemption laws that apply. Are you aware that filing for bankruptcy is a serious action with long-term financial and legal consequences?

If you are represented by an attorney, you do not

need to file this page.

‰ No ‰ Yes

Are you aware that bankruptcy fraud is a serious crime and that if your bankruptcy forms are inaccurate or incomplete, you could be fined or imprisoned?

‰ No ‰ Yes

Did you pay or agree to pay someone who is not an attorney to help you fill out your bankruptcy forms?

‰ No ‰

Yes. Name of Person_____________________________________________________________________. Attach Bankruptcy Petition Preparer's Notice, Declaration, and Signature (Official Form 119). By signing here, I acknowledge that I understand the risks involved in filing without an attorney. I have read and understood this notice, and I am aware that filing a bankruptcy case without an attorney may cause me to lose my rights or property if I do not properly handle the case.

Signature of Debtor 1 ______________________________

Signature of Debtor 2 Date
MM / DD / YYYY Date _________________ MM / DD / YYYY

Contact phone ______________________________________ Contact phone ________________________________

Cell phone

______________________________________ Cell phone ________________________________ Email address ______________________________________ Email address ________________________________

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