--- type: court_doc id: "court_ctb_2062_0" court: "CTB" case_no: "22-50073" doc_number: 2062 doc_type: "ORDER" filed_date: "2023-08-07" lang: "en" machine_translated: false url: "https://mubeitech.com/en/court/court_ctb_2062_0" json_url: "https://mubeitech.com/api/court/court_ctb_2062_0" --- # Guo Wengui / Miles Guo — bankruptcy case · ORDER · ECF #2062 **Monthly Operating Report — In re Ho Wan Kwok (Miles Guo / Guo Wengui), CTB 22-50073, ECF No. 2062 (filed Aug. 7, 2023). Monthly operating report for debtor Genever Holdings LLC (Case No. 22-50592) for the period ending June 30, 2023, submitted by Chapter 11 Trustee Luc A. Despins. It reflects ending cash of $40,399, third-party disbursements for the estate's benefit of $13,035 during the month ($2,477,200 cumulative), and notes potential valuation impairments to the Sherry-Netherland apartment asset following the March 2023 fire.** UNITED STATES BANKRUPTCY COURT DISTRICT OF Connecticut Bridgeport Division In Re. Genever Holdings LLC　§ § §　Case No. 22-50592 Lead Case No. 22-50073 Debtor(s)　§　Jointly Administered Monthly Operating Report　Chapter 11 Reporting Period Ended: 06/30/2023　Petition Date: 10/12/2020 Months Pending: 33　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 Balance sheet containing the summary and detail of the assets, liabilities and equity (net worth) or deficit Statement of operations (profit or loss statement) Accounts receivable aging Postpetition liabilities aging Statement of capital assets Schedule of payments to professionals Schedule of payments to insiders 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 /s/ Luc A. Despins 08/07/2023 Date Signature of Responsible Party Printed Name of Responsible Party Luc A. Despins, as holder of proxy from Genever Holding > Address Paul Hastings, 200 Park Ave., 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 2062 Filed 08/07/23 Entered 08/07/23 14:36:51 Page 2 of 16 Debtor's Name Genever Holdings LLC Case No. 22-50592 Part 1: Cash Receipts and Disbursements　Current Month　Cumulative a.　Cash balance beginning of month　\$40,399 b.　Total receipts (net of transfers between accounts)　\$0　\$0 c.　Total disbursements (net of transfers between accounts)　\$0　\$0 d.　Cash balance end of month (a+b-c)　\$40,399 e.　Disbursements made by third party for the benefit of the estate　\$13,035　\$2,477,200 f.　Total disbursements for quarterly fee calculation (c+e)　\$13,035　\$2,477,200 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 c.　Inventory (Book Market Other (attach explanation))　\$0 d　Total current assets Total assets　\$1,132,045 e.　\$71,132,045 f.　Postpetition payables (excluding taxes)　\$0 g.　Postpetition payables past due (excluding taxes)　\$0 h.　Postpetition taxes payable　\$0 i.　Postpetition taxes past due　\$0 j.　Total postpetition debt (f+h)　\$0 k.　Prepetition secured debt　\$775,678 l.　Prepetition priority debt　\$0 m.　Prepetition unsecured debt　\$195,300,000 n.　Total liabilities (debt) (j+k+l+m)　\$196,075,678 o.　Ending equity/net worth (e-n)　\$-124,943,633 Part 3: Assets Sold or Transferred　Current Month　Cumulative a.　Total cash sales price for assets sold/transferred outside the ordinary course of business Total payments to third parties incident to assets being sold/transferred　\$0　\$0 b.　outside the ordinary course of business　\$0　\$0 c.　Net cash proceeds from assets sold/transferred outside the ordinary course of business (a-b)　\$0　\$0 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 c.　Gross profit (a-b)　\$0 d.　Selling expenses　\$0 e.　General and administrative expenses　\$0 f.　Other expenses　\$0 g.　Depreciation and/or amortization (not included in 4b)　\$0 h.　Interest　\$0 i.　Taxes (local, state, and federal)　\$0 j.　Reorganization items　\$0 k. Profit (loss) \$0 \$0 Case 22-50073 Doc 2062 Filed 08/07/23 Entered 08/07/23 14:36:51 Page 3 of 16 Debtor's Name Genever Holdings LLC Case No. 22-50592 Approved Approved Paid Current Paid Current Month Cumulative Month Cumulative \$0 \$0 \$0 Debtor's professional fees & expenses (bankruptcy) Aggregate Total Itemized Breakdown by Firm Firm Name Role i \$0 \$0 \$0 ii iii iv v vi vii viii ix x xi xii xiii xiv xv xvi xvii xviii xix xx xxi xxii xxiii xxiv xxv xxvi xxvii xxviii xxix xxx xxxi xxxii xxxiii xxxiv xxxv xxxvi　Part 5: Professional Fees and Expenses a. UST Form 11-MOR (12/01/2021) 3 xxxvii xxxvii xxxix xl xli xlii xliii xliv xlv xlvi xlvii xlviii xlix l li lii liii liv lv lvi lvii lviii lix lx lxi lxii lxiii lxiv lxv lxvi lxvii lxviii lxix lxx lxxi lxxii lxxiii lxxiv lxxv lxxvi lxxvii lxxvii lxxix lxxx lxxxi lxxxii lxxxii lxxxiv lxxxv lxxxvi lxxxvi lxxxvi lxxxix xc xci xcii xciii xciv xcv xcvi xcvii xcviii xcix c ci Approved　Approved　Paid Current　Paid Current Month　Cumulative　Month　Cumulative b.　Debtor's professional fees & expenses (nonbankruptcy) Aggregate Total Itemized Breakdown by Firm Firm Name　Role i ii iii iv v vi vii viii ix x xi xii xiii xiv xv xvi xvii xviii xix xx xxi xxii xxiii xxiv xxv xxvi xxvii xxviii xxix xxx xxxi xxxii xxxiii xxxiv xxxv xxxvi xxxvii xxxvii xxxix xl xli xlii xliii xliv xlv xlvi xlvii xlviii xlix l li lii liii liv lv lvi lvii lviii lix lx lxi lxii lxiii lxiv lxv lxvi lxvii lxviii lxix lxx lxxi lxxii lxxiii lxxiv lxxv lxxvi lxxvii lxxvii lxxix lxxx lxxxi lxxxii lxxxii lxxxiv lxxxv lxxxvi lxxxvi lxxxvi lxxxix xc xci xcii xciii xciv xcv xcvi xcvii xcviii Case 22-50073 Doc 2062 Filed 08/07/23 Entered 08/07/23 14:36:51 Page 8 of 16 xcix c c.　All professional fees and expenses (debtor & committees) 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 N/A i.　Do you have:　Worker's compensation insurance?　Yes　No If yes, are your premiums current?　Yes　No N/A　(if no, see Instructions) Casualty/property insurance?　Yes　No If yes, are your premiums current?　Yes　No N/A　(if no, see Instructions) General liability insurance?　Yes　No If yes, are your premiums current?　Yes　No N/A　(if no, see Instructions) 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.　Are you current with quarterly U.S. Trustee fees as set forth under 28 U.S.C. § 1930?　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 e.　Payroll deductions　\$0 f.　Self-employment related expenses　\$0 g.　Living expenses　\$0 h.　All other 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 U.S.C § 101(14A)?　Yes No m.　If yes, have you made all Domestic Support Obligation payments?　No N/A Yes Privacy Act Statement 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.** /s/ Luc A. Despins Signature of Responsible Party As holder of proxy from Genever Holdings Corporation Luc A. Despins Printed Name of Responsible Party 08/07/2023 Title Date –ø¹ª⁄±´Æ Date 6/30/23 Primary Account GENEVER HOLDINGS LLC CASE# 22-50592 200 PARK AVENUE 200 PARK AVENUE NEW YORK NY 10166 Account Title:　GENEVER HOLDINGS LLC CASE# 22-50592 Commercial Checking Account Number Previous Balance Deposits/Credits Checks/Debits Maintenance Fee Interest Paid Ending Balance　9910 - 40,398.56 .00 .00 . 00 .00 40.398.56　Number of Enclosures Statement Dates 6/01/23 thru 7/02/23 Days_in_the statement period Avg Daily Ledger Avg Daily Collected　40,398.56 40,398.56 6/01　40.398.56 \\\* END OF STATEMENT \\\* 1 1 0 001 001100186111617 0181213 Case 22-50073 Doc 2062 Filed 08/07/23 Entered 08/07/23 14:36:51 Page 15 of 16 In Case of Errors or Questions About Your Electronic Transfers In Case of Errors or Questions About Your Electronic Transfers, Telephone of 1-888-502-2967 or Write us at the address on the front of this statement as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transement on the statement or receipt. We must hear than 60 days after we sent you the FRS statement on which the error problem appeared. - Tell us your name and account number (if any). - · Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information. - · Tell us the dollar amount of the suspected error. We will tell you all the results of our investigation within 10 business days and will correct any error prompliy. If we may take up to 45 days to investigate your complain. In that case, we will provisionally credit your account for the amount you think in in eron, so that you may have use of the money during the time it takes us to complete our investigation. For transform in li ricer, so or transfers resulting from a point of sale (POS) debit card transactions, the time period for provisional credit is 10 business days and the time to resolve the investigation is 90 days. IMPORTANT DISCLOSURES TO OUR BUSINESS CUSTOMERS Errors related to any transaction on a business account will be governed by any agreement between us and/or all applicable rules and regulations governing such transactions, including the rules of the Automated Clearing House Association (NACHA Rules) as may be amended from time to time. If you think this statement is wong, please telephone was not the from of the statement immediately. For our 24-hour Automated Banking System, please call the number located on the front of the Statement. CONSUMER BILLING RIGHTS SUMMARY REGARDING YOUR RESERVE LINE What to do if you think you find a mistake on your statement: Contact us at the address shown on the front of this statement as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer on the statement or receipt. We must hear from you within 60 days after the enor appeared on your statement. - · Tell us your name and account number. - Tell us the dollar amount of the suspected error. - Describe the error you are unsure about, and explain as dearly as you can why you believe there is an error or why you need more information, You must notify us of any potential errors in writing or electronically. You may call us, but if you do, we are not required to investigate any potential errors and you may have to pay the amount in question. - While we investigate whether or not there has been an error, the following are true: - We cannot try to collect the amount in question, or report you as delinquent on that amount. - The amount in question may remain on your statement, and we may continue to charge you interest on that amount. But, if we delemine that we made a mistake,you will not have to pay the amount in question of the fees reated to that anount. - · While you do not have to pay the amount in question, you are responsible for the remainder of your balance. - · We can apply any unpaid amount against your credit limit. REPORTS TO AND FROM CREDIT BUREAUS FOR RESERVE LINES We may report information about your account to credit bureaus. Late payments or other defaults on your account may be reflected in your credit report. CONSUMER REPORT DISPUTES We may report information about negative account activity on consumer and smail business deposit accounts and consumer reserve lines to Consumer Reporting Agencies (CRA). As a result, this may prevent you from obtaining services at other financial institution. If you believe we have inaccurately reported information to a CRA, you may submit a dispute by calling 1-800-428-9623 or by writing to Chex Systems, Attention Consumer Read, Suite 100, Woodbury, MN 55125. In order to assist you with your display, with your display, you must provide your name, address and phone number; the specific information you are dispuling; the explanation of why it is incorrect; and any supporting documentation (i.e. affidavit of identity theft). If applicable. UNITED STATES BANKRUPTCY COURT DISTRICT OF CONNECTICUT BRIDGEPORT DIVISION X In re:　Chapter 11 GENEVER HOLDINGS LLC.　: Case No. 22-50592 (JAM) Debtor.　: Jointly administered under : Lead Case 22-50073 (JAM) ATTACHMENT TO MONTHLY OPERATING REPORT FOR THE PERIOD ENDING JUNE. 2023 This attachment is incorporated into and made a part of the Monthly Operating Report ("MOR") of Genever Holdings LLC (the "Debtor"). General Disclaimers - 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 next to answers. Accordingly, as presented, certain responses may be inapplicable or incomplete. This attachment is being filed as an integral part of the MOR. - 2. The Debtor has been under the control of Luc A. Despins, in his capacity as chapter 11 trustee (the "Trustee") in the case of Ho Wan Kwok, as holder of a proxy from Genever Holdings Corporation, since September 2022. Information herein reflects the information available to the Trustee as of the date of the filing of this MOR, but is subject to revision based on the Trustee's ongoing investigation and review of claims. For example, the amount of prepetition debt reported in Part 2 of the MOR, derived from the Debtor's schedules of assets and liabilities filed on November 3, 2020 (the "Schedules"), may be adjusted based on the disallowance of certain claims or the allowance of claims filed in connection with the reopened claims filing process with respect to which the claims bar date was set for February 17, 2023. Moreover, the value of the apartment at the Sherry Netherland Hotel, which the Debtor believes is its primary asset, may in reality be significantly lower than the amount reported in Part 2 of the MOR. In particular, the value of the apartment may be a fraction of the amount reported in Part 2 of the MOR given the fire that occurred in the apartment on March 15, 2023. The Trustee makes no representation as to the current market value of the Debtor's assets - 3. The Trustee reserves the rights to amend, modify or supplement this MOR or update it in future MORs.