Guo Wengui / Miles Guo — bankruptcy case · ECF #2024

In Re.

§ Case No.

§ Lead Case No.

Reporting Period Ended: 06/30/2023 Petition Date:

Months Pending: 17 Industry Classification:

Reporting Method: Accrual Basis Cash Basis Debtor's Full-Time Employees (current): 0 Debtor's Full-Time Employees (as of date of order for relief): 0

Supporting Documentation (check all that are attached): (For jointly administered debtors, any required schedules must be provided on a non-consolidated basis for each debtor) Statement of cash receipts and disbursements Statement of operations (profit or loss statement) Balance sheet containing the summary and detail of the assets, liabilities and equity (net worth) or deficit

- All bank statements and bank reconciliations for the reporting period - Description of the assets sold or transferred and the terms of the sale or transfer

Signature of Responsible Party Printed Name of Responsible Party Address Luc A. Despins, in his capacity as Chapter 11 Trustee Paul Hastings LLP 200 Park Avenue New York, NY 10166

STATEMENT: This Periodic Report is associated with an open bankruptcy case; therefore, Paperwork Reduction Act exemption 5 C.F.R. § 1320.4(a)(2) applies.

Case 22-50073 Doc 2024 Filed 07/21/23 Entered 07/21/23 10:11:19 Page 2 of 19

Debtor's Name Ho Wan Kwok Case No. 22-50073

Part 1: Cash Receipts and Disbursements Current Month Cumulative

a. Cash balance beginning of month \$8,376,215 b. Total receipts (net of transfers between accounts) \$51,273,028 \$60,748,218 c. Total disbursements (net of transfers between accounts) \$14,095,342 \$15,194,296 d. Cash balance end of month (a+b-c) \$45,553,901 e. Disbursements made by third party for the benefit of the estate \$0 \$12,757 f. Total disbursements for quarterly fee calculation (c+e) \$14,095,342 \$15,207,053 Part 2: Asset and Liability Status Current Month a. (Not generally applicable to Individual Debtors. See Instructions.) Accounts receivable (total net of allowance) \$0 b. Accounts receivable over 90 days outstanding (net of allowance) \$0

f. Postpetition payables (excluding taxes) \$0 g. Postpetition payables past due (excluding taxes) \$0

n. Total liabilities (debt) (j+k+l+m) \$0

Part 3: Assets Sold or Transferred Current Month Cumulative a. Total cash sales price for assets sold/transferred outside the ordinary course of business \$18,350,000 \$23,150,000 b. Total payments to third parties incident to assets being sold/transferred outside the ordinary course of business \$1,157,500 \$1,157,500 c. Net cash proceeds from assets sold/transferred outside the ordinary course of business (a-b) \$17,192,500 \$21,992,500 Part 4: Income Statement (Statement of Operations) (Not generally applicable to Individual Debtors. See Instructions.) Current Month Cumulative a. Gross income/sales (net of returns and allowances) \$0 b. Cost of goods sold (inclusive of depreciation, if applicable) \$0

e. General and administrative expenses \$0

g. Depreciation and/or amortization (not included in 4b) \$0

i. Taxes (local, state, and federal) \$0

Case 22-50073 Doc 2024 Filed 07/21/23 Entered 07/21/23 10:11:19 Page 3 of 19

Debtor's Name Ho Wan Kwok Case No. 22-50073

Debtor's professional fees & expenses (bankruptcy) Aggregate Total \$13,834,834 \$13,911,530 \$13,834,834 \$13,911,530

i Neubert, Pepe & Monteith, P.C Local Counsel \$551,719 \$564,783 \$551,719 \$564,783 ii Paul Hastings LLP (counsel to cLead Counsel \$12,125,616 \$12,189,247 \$12,125,616 \$12,189,247 iii Brown Rudnick (counsel to Ho Lead Counsel \$0 \$0 \$0 \$0 iv Pullman & Comley (counsel to Lead Counsel \$0 \$0 \$0 \$0 v Coleman Worldwide Advisors LOther \$0 \$0 \$0 \$0 vi Dundon Advisors (UCC financi Financial Professional \$0 \$0 \$0 \$0 vii Verdolino & Lowey, PC (financFinancial Professional \$0 \$0 \$0 \$0 viii Harney Westwood & Riegels LPOther \$0 \$0 \$0 \$0 ix Paul Wright Other \$0 \$0 \$0 \$0 x Pallas Partners LLP Other \$0 \$0 \$0 \$0 xi Edmiston and Company LimitedOther \$1,157,500 \$1,157,500 \$1,157,500 \$1,157,500 xii Engineering Operations and CerOther \$0 \$0 \$0 \$0

Current Month Cumulative Month Cumulative b. Debtor's professional fees & expenses (nonbankruptcy) Aggregate Total \$0 \$0 \$0 \$0

i Baker Hostetler LLP Other \$0 \$0 \$0 \$0 ii Clayman & Rosenberg LLP Other \$0 \$0 \$0 \$0 iii Ganfer Shore Leeds & ZaudererOther \$0 \$0 \$0 \$0 iv Harcus Parker Ltd. Other \$0 \$0 \$0 \$0

vi Lawall & Mitchell, LLC Other \$0 \$0 \$0 \$0 vii Petrillo Klein & Boxer LLP Other \$0 \$0 \$0 \$0 viii Schulman Bhattacharya, LLC Other \$0 \$0 \$0 \$0 ix The Casper Firm Other \$0 \$0 \$0 \$0 x The Francis Firm PLLC Other \$0 \$0 \$0 \$0 xi VX Cerda & Associates Other \$0 \$0 \$0 \$0

Case 22-50073 Doc 2024 Filed 07/21/23 Entered 07/21/23 10:11:19 Page 8 of 19

c. All professional fees and expenses (debtor & committees) \$0 \$0 \$0 \$0

Part 6: Postpetition Taxes Current Month Cumulative

a. Postpetition income taxes accrued (local, state, and federal) \$0 \$0 b. Postpetition income taxes paid (local, state, and federal) \$0 \$0 c. Postpetition employer payroll taxes accrued \$0 \$0 d. Postpetition employer payroll taxes paid \$0 \$0 e. Postpetition property taxes paid \$0 \$0 f. Postpetition other taxes accrued (local, state, and federal) \$0 \$0 g. Postpetition other taxes paid (local, state, and federal) \$0 \$0 Part 7: Questionnaire - During this reporting period: a. Were any payments made on prepetition debt? (if yes, see Instructions) Yes No b. Were any payments made outside the ordinary course of business without court approval? (if yes, see Instructions) Yes No c. Were any payments made to or on behalf of insiders? Yes No d. Are you current on postpetition tax return filings? Yes No e. Are you current on postpetition estimated tax payments? Yes No f. Were all trust fund taxes remitted on a current basis? Yes No g. (if yes, see Instructions) Was there any postpetition borrowing, other than trade credit? Yes No h. the court? Were all payments made to or on behalf of professionals approved by Yes No

i. Do you have: Worker's compensation insurance? Yes No If yes, are your premiums current? Yes No

If yes, are your premiums current? Yes No

If yes, are your premiums current? Yes No

j. Has a plan of reorganization been filed with the court? Yes No k. Has a disclosure statement been filed with the court? Yes No l. set forth under 28 U.S.C. § 1930? Are you current with quarterly U.S. Trustee fees as Yes No

Part 8: Individual Chapter 11 Debtors (Only)

a. Gross income (receipts) from salary and wages \$0 b. Gross income (receipts) from self-employment \$0 c. Gross income from all other sources \$0 d. Total income in the reporting period (a+b+c) \$0

f. Self-employment related expenses \$0

i. Total expenses in the reporting period (e+f+g+h) \$0 j. Difference between total income and total expenses (d-i) \$0 k. List the total amount of all postpetition debts that are past due \$0 l. Are you required to pay any Domestic Support Obligations as defined by 11

m. If yes, have you made all Domestic Support Obligation payments? Yes

28 U.S.C. § 589b authorizes the collection of this information, and provision of this information is mandatory under 11 U.S.C. §§ 704, 1106, and 1107. The United States Trustee will use this information to calculate statutory fee assessments under 28 U.S.C. § 1930(a)(6). The United States Trustee will also use this information to evaluate a chapter 11 debtor's progress through the bankruptcy system, including the likelihood of a plan of reorganization being confirmed and whether the case is being prosecuted in good faith. This information may be disclosed to a bankruptcy trustee or examiner when the information is needed to perform the trustee's or examiner's duties or to the appropriate federal, state, local, regulatory, tribal, or foreign law enforcement agency when the information indicates a violation or potential violation of law. Other disclosures may be made for routine purposes. For a discussion of the types of routine disclosures that may be made, you may consult the Executive Office for United States Trustee's systems of records notice, UST-001, "Bankruptcy Case Files and Associated Records." See 71 Fed. Reg. 59,818 et seq. (Oct. 11, 2006). A copy of the notice may be obtained at the following link: htt www.justice.gov/ust/eo/rules\_regulations/index.htm. Failure to provide this information could result in the dismissal or conversion of your bankruptcy case or other action by the United States Trustee. 11 U.S.C. § 1112(b)(4)(F). **I declare under penalty of perjury that the foregoing Monthly Operating Report and its supporting documentation are true and correct and that I have been authorized to sign this report on behalf of the estate.**

Luc A. Despins, in his capacity as Chapter 11 Trustee

In re Ho Wan Kwok Case No. 22-50073 (JAM)

Debtor Reporting Period: 6/1/2023 - 6/30/2023 INDIVIDUAL DEBTOR CASH RECEIPTS AND CASH DISBURSEMENTS

(This Form must be submitted for each bank account maintained by the Debtor)

Amounts reported should be per the debtor's books, not the bank statement. The beginning cash should be the ending cash from the prior month or, if this is the first report, the amount should be the balance on the date the petition was filed. Attach the bank statements and a detailed list of all disbursements made during the report period that includes the date, the check number, the payee, the transaction description, and the amount. A bank reconciliation must be attached for each account. [See MOR-1 (CON'T)]

Current Month Cumulative July 8, 2022 to Date Actual Actual Cash - Beginning of Month RECEIPTS Recovered Funds (Remainder of funds paid in connection with sale of Lady May) \$ 23,321,645.75 18,350,000.00 \$ Clark Hill Settlement - \$ 499,000.00 \$ Retainer Refund (Kercsmar Collins & O'Hara / Lewis Roca) - \$ 4,544.00 \$ Yacht Repair Escrow - \$ 4,000,000.00 \$ Adversary Proceeding Interpeader Funds 32,923,028.42 \$ 32,923,028.42 \$ Total Receipts \$ 60,748,218.17 51,273,028.42 \$ DISBURSEMENTS ORDINARY ITEMS: Bank Fees 886.92 \$ 5,353.53 \$ Fees paid to International Surety Ltd for surety bond increase - \$ 27,747.00 \$ Fees paid with respect to Yacht repair invoices out of the Yacht Repair Escrow \$ 576,895.09 - \$ Fees paid with respect to Miller Advertising Agency Inc. (English Court Publication Notice) \$ 21,140.60 - \$ Fees paid with respect to Dexter White Invoice 2,400.00 \$ 12,110.00 \$ Fees paid with respect to Bridgeport Harbor Marina out of the Yacht Repair Escrow \$ 18,137.64 - \$ Fees paid with respect to Safe Harbor out of the Yacht Repair Escrow \$ 148,287.04 43,335.04 \$ Fees paid with respect to Yatchtzoo for operating expenses out of the Yacht Repair Escrow \$ 431,604.00 182,859.00 \$ Fees paid with respect to Harneys Corporate Services Limited - \$ 1,665.00 \$ Fees paid with respect to JP Reynolds Company Inc. for FTZ Indemnity Bond Charge \$ 5,970.00 - \$ Fees paid with respect to pay roll for James Pizzaruso in connection with sale of Lady May \$ 31,026.98 31,026.98 \$ Total Ordinary Disbursements \$ 1,279,936.88 260,507.94 \$ REORGANIZATION ITEMS: Professional Fees Fees paid with respect to Neubert, Pepe & Monteith PC 551,718.50 \$ 564,782.54 \$ Fees paid with respect to Paul Hastings LLP 12,125,615.54 \$ 12,189,247.29 \$ Broker fees paid with respect to Edmiston and Company Limited 1,157,500.00 \$ 1,157,500.00 \$ U. S. Trustee Fees - \$ 2,829.43 \$ Other Reorganization Expenses (attach schedule) \$ - - \$ Total Reorganization Items \$ 13,914,359.26 13,834,834.04 \$ Total Disbursements (Ordinary + Reorganization) \$ 15,194,296.14 14,095,341.98 \$ Net Cash Flow (Total Receipts - Total Disbursements) \$ 45,553,922.03 37,177,686.44 \$ Cash - End of Month (Must equal reconciled bank statement) \$ 45,553,901.43 45,553,901.43 \$ Third Party Disbursements on Behalf of the Estate None \$ 12,757.00 - \$

DISBURSEMENTS FOR CALCULATING U.S. TRUSTEE QUARTERLY FEES: (FROM CURRENT MONTH ACTUAL COLUMN)

LESS: TRANSFERS TO OTHER DEBTOR IN POSSESSION ACCOUNTS \$

PLUS: ESTATE DISBURSEMENTS MADE BY OUTSIDE SOURCES (i.e. from escrow \$

TOTAL DISBURSEMENTS FOR CALCULATING U.S. TRUSTEE QUARTERLY \$

UNITED STATES BANKRUPTCY COURT DISTRICT OF CONNECTICUT BRIDGEPORT DIVISION

------------------------------------------------------- x

In re: : :

HO WAN KWOK, : :

Debtor. :

------------------------------------------------------ x ATTACHMENT TO MONTHLY OPERATING REPORT FOR THE PERIOD JUNE 1, 2023 THROUGH JUNE 30, 2023

This attachment is incorporated into and made a part of the Monthly Operating Report ("MOR") of Chapter 11 Trustee Luc A. Despins.

- 1. The MOR is presented on a form promulgated in 2021 by the Executive Office of the United States Trustee. This form in many instances requires inserting a number for a line item even if the line item does not apply. The form also does not allow for the insertion of explanations or asterisks next to answers. Accordingly, as presented, certain responses may be inapplicable or incomplete. Following guidance from the United States Trustee's office, this attachment is being filed as an integral part of the MOR. - 2. On July 8, 2022, the Bankruptcy Court signed an order approving the appointment of Luc A. Despins, Esq. as Chapter 11 Trustee (the "Trustee"). The information in this MOR is based only on information beginning on the date of the Trustee's appointment and only on bank accounts within the Trustee's control.[1] - 3. The Trustee reserves the rights to amend, modify or supplement this MOR or update it in future MORs.

4. As noted above, this information is limited to cash receipts and disbursements since the Trustee was appointed and with respect to accounts under the Trustee's control. This amount includes \$4 million received by the Trustee as escrow agent solely for the

1 The Trustee is currently investigating the Debtor's assets and financial affairs (with respect to which investigation the Debtor has not cooperated).

purpose of securing the completion of the service, maintenance, and repairs required to be performed to restore the Lady May to good working order, as set forth in the *Consent Order Granting HK International Funds Investments (USA) Limited, LLC's Motion for Order Establishing Repair Reserve for the Lady May*, entered on October 7, 2022 [Docket No. 930], from which amount \$1,214,663.13 has been disbursed.

- 5. To the extent this section is applicable (the Debtor is an individual), the Trustee has insufficient information to complete this section. The Trustee's counsel is currently reviewing the over 1,200 proofs of claim filed in connection with the claims bar date, which occurred on February 17, 2023. - 6. The Trustee is aware of certain professional fees and expenses that have arisen in connection with services provided by the Trustee's professionals. As of the end of the reporting period, certain interim applications for reimbursement of expenses have been approved by the Court, including \$63,631.75 as set forth in the *Order Approving Interim Application of Chapter 11 Trustee and His Counsel, Paul Hastings LLP, for Reimbursement of Expenses*, entered on May 3, 2023 [Docket No. 1747], \$13,064.04 as set forth in the Order Approving Interim Application of Neubert, Pepe & Monteith, P.C., for Reimbursement of Expenses, entered on May 5, 2023 [Docket No. 1769]; \$12,125,615.55 as set forth in the *Order Approving First Interim Fee Application of Paul Hastings LLP, for Compensation and Reimbursement of Expenses for the Period from July 8, 2022 through February 28, 2023*, entered June 29, 2023 [Docket No. 1964]; \$551,718.50 as set forth in the *Order Granting Application of Neubert, Pepe & Monteith, P.C., for Interim Allowance of Compensation as Local Counsel and Conflicts Counsel to Debtors Genever Holdings Corporation and Genever Holdings LLC*, entered June 29, 2023 [Docket No. 1966]; and \$1,157,500.00 as set forth in the *Order, Pursuant to Bankruptcy Code Sections 105 and 363, Bankruptcy Rules 2002 and 6004(c) and Local Rules 6004-1 and 6004-2, (I) Authorizing and Approving Sale of the Lady May Free and Clear of Liens, Claims, Interests, and Encumbrances, (II) Authorizing and Approving Purchase and Sale Agreement, and (III) Granting Related Relief* [Docket No. 1953).

7. On June 27, 2023, the Bankruptcy Court entered an order authorizing and approving the sale of the Lady May [Docket No. 1953].

8. To the extent this section is applicable (the Debtor is an individual), the Trustee has insufficient information to complete this section.

- 9. As of the end of the reporting period, certain interim applications for reimbursement of expenses have been approved by the Court, including \$63,631.75 as set forth in the *Order Approving Interim Application of Chapter 11 Trustee and His Counsel, Paul Hastings LLP, for Reimbursement of Expenses*, entered on May 3, 2023 [Docket No. 1747], and \$13,064.04 as set forth in the Order Approving Interim Application of Neubert, Pepe & Monteith, P.C., for Reimbursement of Expenses, entered on May 5, 2023 [Docket No. 1769]; \$12,125,615.55 as set forth in the *Order Approving First Interim Fee Application of Paul Hastings LLP, for Compensation and Reimbursement of Expenses for the Period from July 8, 2022 through February 28, 2023*, entered June 29, 2023 [Docket No. 1964]; \$551,718.50 as set forth in the *Order Granting Application of Neubert, Pepe & Monteith, P.C., for Interim Allowance of Compensation as Local Counsel and Conflicts Counsel to Debtors Genever Holdings Corporation and Genever Holdings LLC*, entered June 29, 2023 [Docket No. 1966]; and \$1,157,500.00 as set forth in the *Order, Pursuant to Bankruptcy Code Sections 105 and 363, Bankruptcy Rules 2002 and 6004(c) and Local Rules 6004-1 and 6004-2, (I) Authorizing and Approving Sale of the Lady May Free and Clear of Liens, Claims, Interests, and Encumbrances, (II) Authorizing and Approving Purchase and Sale Agreement, and (III) Granting Related Relief* [Docket No. 1953). - 10. The Trustee is aware of a number of professional firms that have provided services to the official committee of unsecured creditors or the Debtor (prior to the appointment of the Trustee) but that have not at this time had their retentions approved by the Court. The Trustee includes such professional firms (of which he is aware) in this part of the MOR out of an abundance of caution but reserves all his rights with respect to the retention and/or payment of fees with respect to such professional firms. The Trustee also notes that the Debtor may have employed professionals (prior to the appointment of the Trustee) of which the Trustee is not aware.

11. The Trustee is not aware of any postpetition taxes that have accrued during the time period since the Trustee's appointment.

12. The Trustee notes that the Debtor filed a chapter 11 plan on April 20, 2022 [Docket No. 197] (the "April 2022 Plan") with respect to which no disclosure statement was filed or approved.

13. The Trustee has insufficient information to respond to Part 8.

Case 22-50073 Doc 2024 Filed 07/21/23 Entered 07/21/23 10:11:19 Page 17 of 19

9300 Flair Dr., 1St FL ITi EA5TWE5TBANK / ~

ACCOUNT STATEMENT STARTING DATE: June 01, 2023 El Monte, CA. 91731 ENDING DATE: June 30, 2023 Total days in statement period: 30 Page 1 of 3

BK EST/HO WAN KWOK DEBTOR LUC A DESPINS, CH11 TRUSTEE CASE #22-50073 C/O PAUL HASTINGS LLP 200 PARK AVE NEW YORK NY 10166-0005

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Intl Wire Xfer SHM NEWPORT SHIPYA RD LLC

Case 22-50073 Doc 2024 Filed 07/21/23 Entered 07/21/23 10:11:19

05-31 8,376,214.99 06-07 8,169,239.07 06-30 45,553,901.43 06-01 8,352,714.99 06-28 41,092,257.49 06-06 8,352,138.07 06-29 41,038,875.47

Checking Account Case 22-50073 Doc 2024 Filed 07/21/23 Entered 07/21/23 10:11:19 Page 19 of 19

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