--- type: court_doc id: "court_ctb_3001_0" court: "CTB" case_no: "22-50073" doc_number: 3001 doc_type: "ORDER" filed_date: null lang: "en" machine_translated: false url: "https://mubeitech.com/en/court/court_ctb_3001_0" json_url: "https://mubeitech.com/api/court/court_ctb_3001_0" --- # Guo Wengui / Miles Guo — bankruptcy case · ORDER · ECF #3001 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT In re:　: Chapter 11 : Case No. 22-50073 (JAM) : (Jointly Administered) HO WAN KWOK, et al.,　: Debtors1　: March 13, 2024 APPELLANT'S STATEMENT OF ISSUES AND DESIGNATION OF ITEMS TO BE INCLUDED IN THE RECORD ON APPEAL Appellant G Club Operations LLC ("G Club Operations" or "G Club"), by and through its undersigned counsel, hereby provides, pursuant to Rule 8009 of the Federal Rules of Bankruptcy Procedure (the "Bankruptcy Rules"), this statement of issues to be presented and designation of items to be included in the record on appeal with respect to this appeal to the United States District Court for the District of Connecticut from the Bankruptcy Court's February 15, 2024 Memorandum of Decision and Order Granting in Part Motion to Extend Deadlines (ECF No. 2921, the "Ruling"), granting the Trustee, Luc A. Despins, Chapter 11 Trustee (the "Trustee") Motion for Entry of Order Extending Deadline for Trustee to File Avoidance Actions (ECF No. 2509, the "Extension Motion"). {00355204.2 } 1 1 The Debtors in these chapter 11 cases are Ho Wan Kwok (last four digits of tax identification number: 9595) (the "Debtor"), Genever Holdings LLC (last four digits of tax identification number: 8202) and Genever Holdings Corporation. The mailing address for the Trustee, Genever Holdings LLC, and the Genever Holdings Corporation is Paul Hastings LLP, 200 Park Avenue, New York, NY 10166 c/o Luc A. Despins, as Trustee for the Estate of Ho Wan Kwok (solely for purposes of notices and communications). STATEMENT OF ISSUES ON APPEAL 1. Did the Bankruptcy Court have constitutional authority to enter a final judgment and order concerning the Extension Motion? 2. Did the Bankruptcy Court have statutory authority to prospectively modify the statute of limitations set forth in Bankruptcy Code § 546(a) under Rule 9006 of the Federal Rules of Bankruptcy Procedure? 3. Assuming arguendo that the Bankruptcy Court had statutory authority to prospectively modify the statute of limitations set forth in Bankruptcy Code § 546(a) under Rule 9006 of the Federal Rules of Bankruptcy Procedure, did the Trustee demonstrate "good cause" to do so? DESIGNATION OF RECORD AND TRANSCRIPT ON APPEAL G Club Operations hereby designates the following items to be included in the record on appeal, which includes any and all exhibits, documents, supplements, and addenda attached thereto and filed therewith and all documents incorporated by reference therein: Item　Docket　Docket Entry/Description　Docket No.　Entry　Number Date 1　11/28/2023　Notice of Filing Status Conference Presentation　2387 2　1/18/2024　Motion for Order / Motion for Entry of Order　2509 Extending Deadline for Trustee to File Avoidance Actions Under Bankruptcy Code Sections 108, 546(a), and 549 3　1/31/2024　Notice of / Omnibus Notice of Service and Publication　2540 Notice Pursuant to Order Granting Chapter 11 Trustee's Emergency Motion for Entry of, Pursuant to Bankruptcy Code Section 105(a) and Bankruptcy Rules 2002 and 9014, (I) Approving Form and Manner of Notice of Trustee's Forthcoming Tolling Motion and (II) Scheduling Hearing 4　2/5/024　Objection to Trustee's Motion for Entry of Order　2551 Extending Deadline for Trustee to File Avoidance Actions – Mei Gui Item　Docket　Docket Entry/Description　Docket No.　Entry　Number 5　Date 2/5/2024　Objection (Non-Party Defeng Caos Memorandum of　2553 Law in Opposition to Motion for Entry of Order Extending Deadline For Trustee To File Avoidance Actions) - Defeng Cao 6　2/5/2024　Objection TO THE CHAPTER 11 TRUSTEES　2557 MOTION FOR ENTRY OF AN ORDER EXTENDING DEADLINE FOR TRUSTEE TO FILE AVOIDANCE ACTIONS UNDER BANKRUPTCY CODE SECTIONS 108, 546(a), AND 549 - Taurus Fund LLC 7　2/5/2024　Objection and Memorandum of Law in Opposition　2563 Filed - G Club 8　2/5/204　Objection of Non-Parties Rule of Law Foundation III,　2565 Inc. and Rule of law Society IV, Inc. to Motion for Entry of Order Extending Deadline for Trustee to File Avoidance Actions under Bankruptcy Code Sections 108,546(a), and 549 - Rule of Law Society IV, Inc. 9　2/5/2024　Objection - Objections of Third Parties Crhis [sic] Lee　2566 and Quidong Xia to Trustee's Motion for Entry of Order Extending Deadline for Trustee to File Avoidance Actions Under Bankruptcy Code Sections 108, 546(a), and 549 10　2/5/2024　Objection to Trustee's Motion for Entry of an Order Extending Deadline for Trustee to File Avoidance　2569 Actions - Greenwich Land, LLC, Hing Chi 11　2/5/2024　Objection Filed by Robert J. Grand on behalf of GS　2571 Security Solutions, Inc. 12　2/7/2024　Objection and Joinder to Trustee's Motion to Extend　2582 Deadline to File Avoidance Actions - Yinying Wang Interested Party. 13　2/9/2024　Reply to (related document(s): 2509 Motion for Order /　2620 Motion for Entry of Order Extending Deadline for Trustee to File Avoidance Actions Under Bankruptcy Code Sections 108, 546(a), and 549 Filed by Douglass E. Barron on behalf of Luc A. Despins, Chapter 11 Trustee filed by Chapter 11 Trustee Luc A. Despins)/ Omnibus Reply of Chapter 11 Trustee (I) in Support of Motion for Entry of Order Extending Deadline for Trustee to File Avoidance Actions Under Bankruptcy Code Sections 108, 546(a), and 549, and (II) in Response to Objections Thereto – Trustee Item No.　Docket Entry Date　Docket Entry/Description　Docket Number 14　2/12/2024　Trustee's Witness and Exhibit Lists in Connection with February 13, 2024 Hearing on Trustee's Motion for Entry of Order Extending Deadline for Trustee to File Avoidance Actions Under Bankruptcy Code Sections 108, 546(a), and 549　2763 14　2/13/2024　Hearing on Extension Motion and All Exhibits Proffered by any Party　2827 15　2/15/2024　Memorandum of Decision　2921 16　215/2024　Transcript – Hearing on Extension Motion　N/A 17　2/28/2024　G Club Notice of Appeal　2969 18　2/28/2024　Transmittal of Notice of Appeal to U.S. District Court. Interested Party G Club Operations, LLC, docketed the Notice of Appeal　2970 CERTIFICATION REGARDING TRANSCRIPTS Pursuant to Rule 8009(b)(1) of the Federal Rules of Bankruptcy Procedure, G Club Operations hereby certifies that all relevant transcripts have been ordered and are listed in the above designation of the record. RESERVATION OF RIGHTS G Club Operations expressly reserves its right to supplement this designation. G CLUB OPERATIONS, LLC By: /s/ Jeffrey M. Sklarz Jeffrey M. Sklarz Kellianne Baranowsky GREEN & SKLARZ LLC One Audubon St, 3rd Floor New Haven, CT 06511 Tel: 203-285-8545 jsklarz@gs-lawfirm.com kbaranowsky@gs-lawfirm.com > PILLSBURY WINTHROP SHAW PITTMAN LLP Carolina A. Fornos (pro hac vice) 31 West 52nd Street New York, NY 10019 Tel: 212-858-1558 carolina.fornos@pillsburylaw.com CERTIFICATE OF SERVICE I hereby certify that on the date set forth below, a copy of the foregoing was served via CM/ECF. Parties may access this filing through the Court's CM/ECF system. Date: March 13, 2024 /s/ Jeffrey M. Sklarz