Guo Wengui / Miles Guo — bankruptcy case · ORDER · ECF #2551-1
METADATA
- Defendant
- Guo Wengui / Miles Guo / Ho Wan Kwok
- Court
- CTB
- Case No.
- 22-50073
- ECF #
- 2551
- Type
- ORDER
- Filed
- 2024-02-05
Hearing Transcript Excerpt (Exhibit 1) — In re Ho Wan Kwok (Miles Guo / Guo Wengui), CTB Case No. 22-50073, ECF No. 2551-1 (filed Feb 5, 2024). Exhibit containing excerpted pages of the June 13, 2023 hearing transcript regarding motions to compel Rule 2004 subpoenas, stay pending appeal, and Trustee Despins's testimony regarding retaining asset-tracing professionals such as AlixPartners.
FULL TEXT
## **EXHIBIT 1**
## TRANSCRIPT OF
| #1453 | MOTION FOR ORDER TO SHOW CAUSE WHY DEBTOR, MEI GUO | |-------|-----------------------------------------------------| | | and HK(USA) SHOULD NOT BE HELD IN CONTEMPT OF | | | COURT FOR FAITURE TO COMPLY MITH ORDER COMBETITING | | | COMPLIANCE WITH RULE 2004 SUBPOENAS AND | | | SANCTIONS FOR SUCH CONTEMPT | | #1649 | MOTION FOR A LIMITED STAY OF ORDER GRANTING IN PART | | | MOTION TO COMPEL COMPLIANCE WITH RULE 2004 SUBPOENA |
- # 227 MOTION TO STAY PENDING APPEAL - # STATUS CONFERENCE
2
Case 22-50073 Doc 2551-1 Filed 02/05/24 Entered 02/05/24 10:27:26 Page 5 of 7
| | Ho Wan Kwok - June 13, 2023<br>35 | |-----|--------------------------------------------------------------| | 1 | THE COURT: How is that relevant to your stay | | 2 | pending appeal? The questions were all about what's the | | 3 | harm. He told you what his harm is. | | 4 | You may disagree with his harm. But that -- how | | 5 | is it relevant to your getting a stay pending appeal? | | రు | MR. MORIARTY: If there's other assets that can be | | 7 | used, Your Honor, then there's no harm. His harm is I don't | | ರಿ | have the ability to pay -- | | 9 | Well, you --<br>THE COURT: | | 10 | MR. MORIARTY: -- which -- | | 11 | THE COURT: The other assets that you're talking | | 12 | about, including the Lady May, you've already -- that's on | | 13 | appeal too, isn't it? | | 1 4 | MR. MORIARTY: It is on appeal. | | 15 | THE COURT: Yeah. So then your argument doesn't | | 16 | really make sense, because then you're going to make the | | 17 | same arqument when you come to the Lady May. | | 18 | MR. MORIARTY: Well, Your Honor, I don't know that | | 1 9 | I could make the same argument continuously, because at some | | 20 | point in time it becomes self-defeating. But for now, it's | | 21 | not. But I will move on. Okay. | | 22 | BY MR. MORIARTY: | | 23 | So, Attorney Despins, the professionals that you<br>റ്റു | | 24 | haven't hired yet, those would be, for example, accountants, | | 25 | right? | | | |
| | Case 22-50073 Doc 2551-1 Filed 02/05/24 Entered 02/05/24 10:27:26<br>Page 6 of 7 | | | | | | |--------------------------------------------------------------|-------------------------------------------------------------------------------------------|--|--|--|--|--| | | Ho Wan Kwok - June 13, 2023<br>36 | | | | | | | ದ | Yeah. AlixPartners is something like that. | | | | | | | റ്റു | Okay. So has any professional that you have inquired | | | | | | | about to engage for the estate refused an engagement because | | | | | | | | there's no cash immediately available to pay them? | | | | | | | | A | Yes . | | | | | | | റ | Who is that?<br>Okay . | | | | | | | A | AlixPartners. | | | | | | | റ | Okay.<br>Anybody else? | | | | | | | A | No. I have not had the discussion with anybody else. | | | | | | | റ്റ | So was Alix -- what were you -- well, withdraw that. | | | | | | | Is AlixPartners the only professional firm that you ve | | | | | | | | spoken to about engagement for asset tracing? | | | | | | | | A | To date, yes. | | | | | | | இ | Okay. So no other firm has -- no other firm related to | | | | | | | | asset tracing or accounting-type work has refused to perform | | | | | | | services because there's no cash immediately available in | | | | | | | | estate?<br>the | | | | | | | | A | Well, I have not talked to any other firms, so -- | | | | | | | Q | Okay. And you testified that information gets stale. | | | | | | | | Do you recall that testimony? | | | | | | | A | Correct. | | | | | | | o | Okay. But you've only spoken to one firm about taking | | | | | | | | on the type of engagement where they would be tracing funds. | | | | | | | । | that correct? | | | | | | | A | Yes . | | | | | | | | | | | | | |
| Case 22-50073 | Doc 2551-1 | Filed 02/05/24 | Entered 02/05/24 10:27:26 | Page 7 of 7 | | | | |---------------|------------|----------------|---------------------------|-------------|--|--|--| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
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