---
type: court_doc
id: "court_ctb_2437_4"
court: "CTB"
case_no: "22-50073"
doc_number: 2437
doc_type: "JUDGMENT"
filed_date: null
lang: "en"
machine_translated: false
url: "https://mubeitech.com/en/court/court_ctb_2437_4"
json_url: "https://mubeitech.com/api/court/court_ctb_2437_4"
---
# Guo Wengui / Miles Guo — bankruptcy case · JUDGMENT · ECF #2437-4



NEFSVC
U.S. Bankruptcy Court District of Connecticut (Bridgeport) Adversary Proceeding #: 23−05013

Assigned to: Julie A. Manning Lead BK Case: 22−50073 Lead BK Title: Ho Wan Kwok and Genever Holdings LLC Lead BK Chapter: 11 Demand: Date Filed: 06/08/23 Nature[s] of Suit: 91 Declaratory judgment 11 Recovery of money/property − 542 turnover of property 71 Injunctive relief − reinstatement of stay

02 Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy)

Miscellaneous Proceeding Party

−−−−−−−−−−−−−−−−−−−−−−− Law Office of Bonnie C. Mangan, Sponsoring Attorney for Defendant Westview Office Park 1050 Sullivan Avenue, #A3 South Windsor, CT 06074 860−644−4204
represented by Bonnie C. Mangan

The Law Office of Bonnie C. Mangan, P.C. 1050 Sullivan Avenue, Suite A3 Westview Office Park South Windsor, CT 06074 (860) 644−4204 Fax : 860−644−4934 Email: [bonnie.mangan@manganlaw.com]
Plaintiff

−−−−−−−−−−−−−−−−−−−−−−− Luc A. Despins, Chapter 11 Trustee Paul Hastings LLP 200 Park Avenue New York, NY 10166 212−318−6001
represented by Douglass E. Barron

Paul Hastings LLP 200 Park Avenue New York, NY 10166 212−318−6690 Fax : 212−230−7690 Email: [douglassbarron@paulhastings.com] LEAD ATTORNEY
Nicholas A. Bassett

Paul Hastings LLP 2050 M Street NW Washington, DC 20036 202−551−1902 Email: [nicholasbassett@paulhastings.com]
Nicholas A. Bassett

Paul Hastings, LLP 2050 M Street NW Washington, DC 20036 202−551−1700 Fax : 202−551−1705 Email: [nicholasbassett@paulhastings.com]
G. Alexander Bongartz

Paul Hastings LLP 200 Park Avenue New York, NY 10166 212−318−6472 Fax : 212−303−7072 Email: [alexbongartz@paulhastings.com]
Luc A. Despins

200 Park Avenue New York, NY 10166 212−318−6001 Email: [lucdespins@paulhastings.com]
Patrick R. Linsey

Neubert Pepe & Monteith, P.C. 195 Church St 13th Fl New Haven, CT 06510 203−821−2000 Fax : 203−821−2009 Email: [plinsey@npmlaw.com] LEAD ATTORNEY
Avram E. Luft

Paul Hastings LLP 200 Park Avenue New York, NY 10166 212−318−6079 Email: [aviluft@paulhastings.com]
Avram Emmanuel Luft

Paul Hastings LLP 200 Park Avenue New York, NY 10166 212−318−6079 Fax : 212−303−7079 Email: [aviluft@paulhastings.com]

V.
Defendant

−−−−−−−−−−−−−−−−−−−−−−− HCHK Technologies, Inc. 3 Columbus Circle 20th Floor New York, NY 10019
represented by John T. Shaban

LEVINE & LEVINE, PLLC 2 Jefferson Plaza I New York Suite 100 Poughkeepsie, NY 12601 203−856−3885 Fax : 203−869−1951 Email: [john@levinelevinelaw.com]
Defendant

−−−−−−−−−−−−−−−−−−−−−−− HCHK Property Management, Inc. 500 West Putnam Avenue Suite 400, #171 Greenwich, CT 06830

represented by Bonnie C. Mangan (See above for address)

John T. Shaban

(See above for address)
Defendant

−−−−−−−−−−−−−−−−−−−−−−− Lexington Property and Staffing, Inc. 750 Lexington Avenue 8th Floot New York, NY 10022
represented by John T. Shaban (See above for address)

−−−−−−−−−−−−−−−−−−−−−−−

Defendant

Defendant

−−−−−−−−−−−−−−−−−−−−−−−

Holy City Hong Kong Ventures, LTD. represented by John T. Shaban (See above for address)

Anthony DiBattista represented by Anthony DiBattista PRO SE

Defendant −−−−−−−−−−−−−−−−−−−−−−−

Yvette Wang represented by Yvette Wang PRO SE

Defendant

−−−−−−−−−−−−−−−−−−−−−−− Brian Hofmeister, in his capacity as assignee

represented by Bonnie C. Mangan (See above for address)

Filing Date　#　Docket Text

06/08/2023　1　Complaint REDACTED (91 (Declaratory judgment)) (11 (Recovery of
money/property − 542 turnover of property)) (71 (Injunctive relief −
reinstatement of stay)) (02 (Other (e.g. other actions that would have
been brought in state court if unrelated to bankruptcy))) filed by Patrick
R. Linsey on behalf of Chapter 11 Trustee Luc A. Despins against HCHK
Technologies, Inc. , HCHK Property Management, Inc. , Lexington
Property and Staffing, Inc. , Holy City Hong Kong Ventures, LTD. ,
Anthony DiBattista , Yvette Wang , Brian Hofmeister . Receipt
#30081669 Fee Amount \$350. PAID. (Attachments: # 1 Exhibit 1 # 2
Exhibit 2 # 3 Exhibit 3 # 4 Exhibit 4 # 5 Exhibit 5 # 6 Exhibit 6 # 7
Exhibit 7 # 8 Exhibit 8 # 9 Exhibit 9 # 10 Exhibit 10 # 11 Exhibit 11 # 12
Exhibit 12 # 13 Exhibit 13 # 14 Exhibit 14 # 15 Exhibit 15 # 16 Exhibit
16 # 17 Exhibit 17 # 18 Exhibit 18 # 19 Exhibit 19 # 20 Exhibit 20 # 21
Exhibit 21 # 22 Exhibit 22 # 23 Exhibit 23 # 24 Exhibit 24) (pc)
Additional attachment(s) added on 6/8/2023 − Form B1040 (Clerks
Office pc). (Entered: 06/08/2023)
06/08/2023　2　Complaint Unredacted Filed Under Seal by Patrick R. Linsey on behalf
of Chapter 11 Trustee Luc A. Despins, Plaintiff . (Attachments: # 1 Form

B1040−Adversary Cover Sheet) (pc). Related document(s) 1 Complaint
filed by Plaintiff Luc A. Despins.(Clerks Office pc). (Entered:
06/08/2023)

06/08/2023　4　Emergency Ex Parte Motion for Temporary Restraining Order and
Preliminary Injunction Filed by Patrick R. Linsey on behalf of Chapter
11 Trustee Luc A. Despins, Plaintiff . (pc) (Entered: 06/08/2023)
06/08/2023　5　Affidavit of Chapter 11 Trustee Luc A. Despins, Plaintiff (RE: 4 Motion
For Temporary Restraining Order and Preliminary Injunction filed by
Chapter 11 Trustee Luc A. Despins, Plaintiff) (pc) (Entered: 06/08/2023)
06/08/2023　6　Certification of Douglass E. Barron (RE: 4 Motion For Temporary
Restraining Order and Preliminary Injunction filed by Chapter 11 Trustee
Luc A. Despins, Plaintiff) (pc) (Entered: 06/08/2023)
06/09/2023　14　Supplemental Emergency Ex Parte Motion of Chapter 11 Trustee for
Temporary Restraining Order and Preliminary Injunction Filed by Patrick
R. Linsey on behalf of Chapter 11 Trustee Luc A. Despins, Plaintiff (RE:
4 Motion For Temporary Restraining Order filed by Plaintiff Luc A.
Despins, Motion for Preliminary Injunction) (Attachments: # 1 Proposed
Order) (pc) (Entered: 06/10/2023)
06/09/2023　15　Affidavit of Chapter 11 Trustee Luc A. Despins, Plaintiff. Filed by Luc
A. Despins (RE: 14 Supplemental Emergency Ex Parte Motion of
Chapter 11 Trustee for Temporary Restraining Order and Preliminary
Injunction Filed by Patrick R. Linsey on behalf of Chapter 11 Trustee
Luc A. Despins, Plaintiff) (pc) (Entered: 06/10/2023)
06/09/2023　16　Certification of Douglass E. Barron. Filed by Douglass E. Barron. (RE:
14 Supplemental Emergency Ex Parte Motion of Chapter 11 Trustee for
Temporary Restraining Order and Preliminary Injunction Filed by Patrick
R. Linsey on behalf of Chapter 11 Trustee Luc A. Despins, Plaintiff) (pc)
(Entered: 06/10/2023)
06/12/2023　18　Order Granting in part Emergency Ex Parte Motion for Temporary
Restraining Order and Preliminary Injunction . (pc) (Entered:
06/12/2023)
06/23/2023　25　Motion to Compromise Controversy with Brian W. Hofmeister as
Assignee for the Benefit of Creditors of HCHK Entities Under New York
Court Assignment Proceedings, 3131 Princeton Pike Building 5, Suite
110 Lawrenceville, NJ 08648 Filed by Patrick R. Linsey on behalf of Luc
A. Despins, Plaintiff . Response(s) due by 07/14/2023. (Linsey, Patrick)
(Entered: 06/23/2023)
07/05/2023　37　Objection Filed by Gregory F. Arcaro on behalf of G−News Operations,
LLC Real Party In Intere (RE: 25 Motion to Compromise filed by
Plaintiff Luc A. Despins) (Arcaro, Gregory) (Entered: 07/05/2023)
07/06/2023　40　Objection of Shin Hsin Yu, 1332156 B.C. LTD, GWGOPNZ Limited
and Japan Himalaya League, Inc. to Chapter 11 Trustee's Motion,
Pursuant to Bankruptcy Rule 9019, regarding Settlement with Assignee
of HCHK entities under New York Court Assignment Proceedings Filed
by Joseph M. Pastore III on behalf of 1332156 B.C. LTD, GWGOPNZ
Limited, Japan Himalaya League, Inc., Shin Hsin Yu (RE: 25 Motion to
Compromise filed by Plaintiff Luc A. Despins) (Attachments: # 1
Exhibits) (sr). (Entered: 07/06/2023)

07/06/2023　41　Objection (Letter) Filed by Joshua I. Sherman, Interested Party (RE: 25
Motion to Compromise Controversy with Brian W. Hofmeister as
Assignee for the Benefit of Creditors of HCHK Entities Under New York
Court Assignment Proceedings, 3131 Princeton Pike Building 5, Suite
110 Lawrenceville, NJ 08648 filed by Plaintiff Luc A. Despins)
(Attachments: # 1 Mail Envelope) (sr) (Entered: 07/06/2023)

07/07/2023　45　Reply to (related document(s): 25 Motion to Compromise Controversy
with Brian W. Hofmeister as Assignee for the Benefit of Creditors of
HCHK Entities Under New York Court Assignment Proceedings, 3131
Princeton Pike Building 5, Suite 110 Lawrenceville, NJ 08648 Filed by
Pat filed by Plaintiff Luc A. Despins)(Reply in Support of Motion to
Approve Compromise and to Responses to Motion) Filed by Patrick R.
Linsey on behalf of Luc A. Despins Plaintiff (RE: 25 Motion to
Compromise filed by Plaintiff Luc A. Despins) (Linsey, Patrick)
(Entered: 07/07/2023)
07/07/2023　46　Response Brief Brian W. Hofmeister, Assignee Filed by Bonnie C.
Mangan on behalf of HCHK Property Management, Inc. Defendant (RE:
25 Motion to Compromise filed by Plaintiff Luc A. Despins, 27 Order)
(Mangan, Bonnie) (Entered: 07/07/2023)
07/13/2023　55　Proposed Order Requested by Judge. Hearing was held on July 11, 2023.
Filed by Douglass E. Barron on behalf of Luc A. Despins Plaintiff (RE:
25 Motion to Compromise filed by Plaintiff Luc A. Despins, 54 Hearing
Held) (Barron, Douglass) (Entered: 07/13/2023)
07/14/2023　58　Objection to Revised Proposed Order filed at Main Case, ECF 2004
Filed by Joseph M. Pastore III on behalf of 1332156 B.C. LTD,
GWGOPNZ Limited, Japan Himalaya League, Inc., Shin Hsin Yu .
(Pastore, Joseph) (Entered: 07/14/2023)
07/17/2023　60　Motion to Intervene Filed by Joseph M. Pastore III on behalf of 1332156
B.C. LTD, GWGOPNZ Limited, Japan Himalaya League, Inc., Shin Hsin
Yu, . Response(s) due by 08/7/2023. (Attachments: # 1 Exhibit Proposed
Order # 2 Exhibit 1332156 B.C. LTD's Loan Agreement # 3 Exhibit
GWGOPNZ Limited's Loan Agreement # 4 Exhibit Japan Himalaya
League, Inc.'s Loan Agreement # 5 Exhibit Mr. Yu's Bank Record)
(Pastore, Joseph) (Entered: 07/17/2023)
07/21/2023　62　Transcript . Hearing held on 7/11/23 Requested by Patrick M. Birney
Pursuant to the new policy adopted by the judicial conference, viewing of
a transcript is restricted for 90 days from the file date. Transcripts will be
available for viewing only at the clerk's office during the 90 day period or
may be purchased from the court transcriber. For more information
contact the Clerk's Office. The following deadlines apply: Redaction
Request due By 08/11/2023. Redacted Transcript Submission due By
08/21/2023. Transcript access will be restricted through
10/19/2023.(Fiore Reporting Service, LLC) (Entered: 07/21/2023)
07/28/2023　70　Order Approving, Pursuant to Bankruptcy Rule 9019, Chapter 11
Trustee's Settlement with Assignee of HCHK Entities Under New York
Court Assignment Proceedings (RE: 25). (rms) (Entered: 07/28/2023)
08/11/2023　86　Memorandum of Law in Supportof Chapter 11 Trustee's Argument that
G−Club Operations LLC has Waived any Privilege and has no Right to
Object to Responsiveness as to G−Club Documents Turned Over from
the Assignee of HCHK Technologies, Inc. to the Trustee Pursuant to
Bankruptcy Rule 9019 Settlement Agreement Filed by Avram Emmanuel

Luft on behalf of Luc A. Despins Plaintiff (RE: 70 Order on Motion to
Compromise) (Attachments: # 1 Exhibit A # 2 Exhibit B # 3 Exhibit C #
4 Exhibit D) (Luft, Avram) (Entered: 08/11/2023)

08/11/2023　87　Motion to Seal (RE: related document(s)86 Memorandum of Law). /
Chapter 11 Trustee's Motion to File Complete, Unredacted Version of
(A) Memorandum of Law in Support of Chapter 11 Trustee's Argument
that G−Club Operations LLC has Waived any Privilege and has no Right
to Object to Responsiveness as to G−Club Documents Turned Over from
the Assignee of HCHK Technologies, Inc. to the Trustee Pursuant to
Bankruptcy Rule Filed by Avram Emmanuel Luft on behalf of Luc A.
Despins, Plaintiff (RE: 86 Memorandum of Law filed by Plaintiff Luc A.
Despins) Response(s) due by 09/1/2023. (Luft, Avram) (Entered:
08/11/2023)
08/18/2023　96　Order Granting Chapter 11 Trustee's Motion to File Complete,
Unredacted Version of (A) Memorandum of Law in Support of Chapter
11 Trustee's Argument that G−Club Operations LLC has waived any
Privilege and has no right to Object to Responsiveness as to G−Club
Documents turned over from the Assignee of HCHK Technologies, Inc.
to the Trustee Pursuant to Bankruptcy Rule 9019 Settlement Agreement
and (B) Certain Exhibits Thereto, Under Seal (Related Doc # 87). (sr)
(Entered: 08/18/2023)
09/26/2023　130　Notice of Proposed Supplemental Order Regarding G−Club Documents
Pursuant to Order Approving Chapter 11 Trustee's Settlement with
Assignee of HCHK Entities Under New York Court Assignment
Proceedings Filed by Nicholas A. Bassett on behalf of Luc A. Despins
Plaintiff (RE: 86 Memorandum of Law filed by Plaintiff Luc A.
Despins) (Bassett, Nicholas) (Entered: 09/26/2023)
09/28/2023　136　ORDER SUSTAINING IN PART OBJECTION TO PROPOSED
SUPPLEMENTAL ORDER: On July 11, 2023 and July 18, 2023,
hearings were held on, respectively, the Motion Regarding Settlement
with Assignee of HCHK Entities under New York Court Assignment
Proceedings (the 9019 Motion) (Main Case ECF No. 1936; Adv. ECF
No. 25) and a revised proposed order (the Revised Proposed Order)
regarding the 9019 Motion (Main Case ECF No. 2004; Adv. ECF No.
55), both filed by Mr. Luc A. Despins, in his capacity as Chapter 11
trustee (the Trustee) for the estate of Mr. Ho Wan Kwok. G−Club
Operations LLC (G−Club) filed objections to the 9019 Motion and the
Revised Proposed Order in the lead bankruptcy case but not in the
adversary proceeding. (Main Case ECF Nos. 1977, 2007.) On July 28,
2023, the Court entered an order (the 9019 Order) granting the 9019
Motion and approving the settlement between the Trustee and the
Assignee. (Main Case ECF No. 2038; Adv. ECF No. 70.) The 9019
Order responded to G−Clubs only remaining objection to the 9019
Motion (See Main Case ECF No. 2030, at 128:5148:8) by setting a
briefing schedule whereby the Trustee and G−Club would contest
whether G−Club had waived any and all rights regarding its documents
in the possession of the assignee for the benefit of creditors (the
Assignee). (Main Case ECF No. 2038 6; Adv. ECF No. 70 6.) The
Trustee timely filed a memorandum (the Memo) on August 11, 2023, but
only in the adversary proceeding. (Adv. ECF No. 87.) G−Club filed no
timely response. On September 26, 2023, the Trustee filed a proposed
supplemental order (the Proposed Supplemental Order) seeking an order
compelling G−Club to produce to the Trustee all documents produced to
G−Club by the Assignee and for the Assignee to produce any G−Club
documents remaining in his possession to the Trustee. (Adv. ECF No.
130.) Also on September 26, 2023, G−Club objected (the Objection) to

the Proposed Supplemental Order, asserting that it did not receive notice
and service of the Memo because it was only filed in the adversary
proceeding. (Main Case ECF No. 2233.) G−Club asked for seven (7)
days until October 4, 2023 to respond to the Memo. (Id.) G−Club never
filed anything asserting that the Trustee had waived his arguments by
failing to file the required briefing. When the Court inquired about this
issue during a hearing held on September 19, 2023, counsel for the
Trustee represented it was his belief that the Trustees counsel was trying
to reach out to G−Club to determine the status of the issue. Accordingly,
it is hereby
ORDERED: The Objection is SUSTAINED IN PART. G−Club shall file
any response to the Memo on or before September 29, 2023 at 5:00 p.m.
Signed by Judge Julie A. Manning on September 28, 2023. (lw) (Entered:
09/28/2023)

10/20/2023　157　ORDER SCHEDULING HEARING REGARDING G CLUB
DOCUMENTS: On July 11, 2023 and July 18, 2023, hearings were held
on, respectively, the Motion Regarding Settlement with Assignee of
HCHK Entities under New York Court Assignment Proceedings (the
"9019 Motion") (Main Case ECF No. 1936; Adv. ECF No.
25) and a revised proposed order (the "Revised Proposed
Order") regarding the 9019 Motion (Main Case ECF No. 2004;
Adv. ECF No. 55), both filed by Mr. Luc A. Despins, in his capacity as
Chapter 11 trustee (the "Trustee") for the estate of Mr. Ho
Wan Kwok. G−Club Operations LLC ("G−Club") filed
objections to the 9019 Motion and the Revised Proposed Order. (Main
Case ECF Nos. 1977, 2007.) On July 28, 2023, the Court entered an
order (the "9019 Order") granting the 9019 Motion and
approving the settlement between the Trustee and the Assignee. (Main
Case ECF No. 2038; Adv. ECF No. 70.) The 9019 Order responded to
G−Club's only remaining objection to the 9019 Motion (see Main
Case ECF No. 2030, at 128:5–48:8) by setting a briefing schedule
whereby the Trustee and G−Club would contest whether G−Club had
waived any and all rights regarding its documents in the possession of the
assignee for the benefit of creditors (the "Assignee").
(Main Case ECF No. 2038 ¶ 6; Adv. ECF No. 70 ¶ 6.) The Trustee
timely filed a memorandum on August 11, 2023. (Adv. ECF No. 87.)
After certain developments (see Main Case ECF No. 2237), G−Club filed
a response to the Trustee's memorandum (Main Case ECF No.
2244). Accordingly, it is hereby
ORDERED: A hearing on the Trustee's argument that G Club has
waived any and all rights regarding its documents (formerly, as the case
may be) in the possession of the Assignee shall be held on October 24,
2023 at 1:00 p.m. in the United States Bankruptcy Court, 915 Lafayette
Boulevard, Bridgeport CT. Signed by Judge Julie A. Manning on
October 20, 2023. (lw) (Entered: 10/20/2023)
11/02/2023　168　Transcript . Hearing held on 10/24/23 Requested by Patrick M. Birney
Pursuant to the new policy adopted by the judicial conference, viewing of
a transcript is restricted for 90 days from the file date. Transcripts will be
available for viewing only at the clerk's office during the 90 day period or
may be purchased from the court transcriber. For more information
contact the Clerk's Office. The following deadlines apply: Redaction
Request due By 11/27/2023. Redacted Transcript Submission due By
12/4/2023. Transcript access will be restricted through 01/31/2024.(Fiore
Reporting Service, LLC) (Entered: 11/02/2023)
11/13/2023　179　Order Granting Motion for Order Requiring Production of G−Club
Documents (Re:)86 ) (rms) (Entered: 11/13/2023)

11/15/2023　189　Notice of Appeal Filed by Jeffrey M. Sklarz on behalf of G Club
Operations, LLC Interested Party (RE: 179 Order) (Sklarz, Jeffrey)
(Entered: 11/15/2023)

11/16/2023　192　Transmittal of Notice of Appeal to U.S. District Court. Interested Party G
Club Operations, LLC, docketed the Notice of Appeal (ECF No. 189),
but failed to use the correct CM/ECF event. The Clerk's Office has
adjusted the event code of ECF No. 189 in order to transmit the Notice of
Appeal to the U.S. District Court (RE: 189 Notice of Appeal)
(Attachments: # 1 Notice of Appeal # 2 ECF No. 179 Order). (dd)
(Entered: 11/16/2023)
11/16/2023　193　Order Denying Motion to Stay Pending Appeal and Ex Parte Motion to
Expedite Hearing on Motion to Stay Pending Appeal. (zaz) (Entered:
11/16/2023)