Guo Wengui / Miles Guo — bankruptcy case · ORDER · ECF #3177

UNITED STATES BANKRUPTCY COURT DISTRICT OF CONNECTICUT BRIDGEPORT DIVISION

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------------------------------------------------------x x CHAPTER 11 TRUSTEE'S MOTION FOR ENTRY OF CONSENT ORDER REGARDING TRANSFER OF OWNERSHIP OF DUCATI MOTORCYCLE TO ESTATE

Luc A. Despins (hereinafter, the "Trustee"), in his capacity as Chapter 11 Trustee of Ho Wan Kwok (the "Debtor"), hereby moves (the "Motion") for entry of an order, substantially in the form of the proposed order filed herewith as Exhibit A (the "Proposed Order"), transferring ownership of the Ducati Diavel motorcycle bearing VIN number ZDMGAHRW5MB005016 (the "Ducati") to the Debtor's estate and declaring it to be property of the estate. The Motion is filed upon the consent of the registered owner of the Ducati, Scott Barnett (together with the Trustee, the "Parties" and each a "Party"). In support of the Motion, the Trustee states the following:

1 The Debtors in these chapter 11 cases are Ho Wan Kwok (also known as Guo Wengui, Miles Guo, and Miles Kwok, as well as numerous other aliases) (last four digits of tax identification number: 9595), 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).

1. The Parties believe that Scott Barnett is currently the registered owner of the Ducati, which is presently located at the premises at 675 Ramapo Valley Road, Mahwah, New Jersey (the "Mahwah Mansion"). [2]

2. The Trustee has asserted that the Ducati is property of the estate.

3. Mr. Barnett states that he is not in possession of the Ducati, the title documents for the Ducati, or the keys for the Ducati. To the extent he holds an ownership interest in the Ducati, Mr. Barnett disclaims such interest and consents to the relief requested in this Motion.

4. On October 31, 2023, Taurus Fund LLC filed its Report re: Property at Mahwah House, filed on October 31, 2023 [Adv. Proc. No. 23-05017, Docket No. 78] (the "Mahwah Property Report"), stating that it does not, and did not, own the Ducati. See Mahwah Property Report, at 6, lines 13-1 and 14-1.

5. The Trustee requests, upon consent of Mr. Barnett, that the ownership of the Ducati be transferred to the estate in order to resolve any dispute as to its ownership.

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2 Attached as Exhibit B hereto is the Vehicle Title Record from the New York Department of Motor Vehicles, dated April 12, 2024, showing Mr. Barnett as current owner of the Ducati, as well as the absence of any unsatisfied liens.

WHEREFORE, the Trustee requests that the Court enter the Proposed Order granting this

Motion and grant such other and further relief as is just and proper.

New Haven, Connecticut CHAPTER 11 TRUSTEE

Patrick R. Linsey (ct29437) NEUBERT, PEPE & MONTEITH, P.C. 195 Church Street, 13th Floor New Haven, Connecticut 06510 (203) 781-2847 plinsey@npmlaw.com

Nicholas A. Bassett (admitted pro hac vice) PAUL HASTINGS LLP 2050 M Street NW Washington, D.C., 20036 (202) 551-1902 nicholasbassett@paulhastings.com

Douglass Barron (admitted pro hac vice) PAUL HASTINGS LLP 200 Park Avenue New York, New York 10166 (212) 318-6079 douglassbarron@paulhastings.com

UNITED STATES BANKRUPTCY COURT DISTRICT OF CONNECTICUT BRIDGEPORT DIVISION

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In re: :

HO WAN KWOK et al., : :

Debtors. :

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The undersigned hereby certifies that on May 10, 2024, the foregoing Motion, and all declarations, exhibits and attachments thereto, was electronically filed. Notice of this filing was sent by e-mail to all parties to the above-captioned chapter 11 case by operation of the Court's electronic filing ("CM/ECF") system or by mail to anyone unable to accept electronic filing as indicated on the Notice of Electronic Filing. Parties may access this filing through the Court's CM/ECF system.

Dated: May 10, 2024 New Haven, Connecticut

Douglas S. Skalka (ct00616) Patrick R. Linsey (ct29437) NEUBERT, PEPE & MONTEITH, P.C. 195 Church Street, 13th Floor New Haven, Connecticut 06510 (203) 781-2847 dskalka@npmlaw.com plinsey@npmlaw.com

UNITED STATES BANKRUPTCY COURT DISTRICT OF CONNECTICUT BRIDGEPORT DIVISION

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------------------------------------------------------x x [PROPOSED] CONSENT ORDER REGARDING TRANSFER OF OWNERSHIP OF DUCATI MOTORCYCLE TO ESTATE

UPON CONSIDERATION OF the motion (the "Motion") of Luc A. Despins (the "Trustee"), in his capacity as Chapter 11 Trustee for Ho Wan Kwok (the "Trustee"), filed upon the consent of Scott Barnett, as the registered owner of the Ducati Diavel motorcycle bearing VIN number ZDMGAHRW5MB005016 (the "Ducati"), to transfer the ownership of the Ducati to the Debtor's estate and declaring it to be property of the estate, and good cause having been shown, it is by the Court hereby:

ORDERED, that the Ducati is exclusively property of the estate to be administered by the Trustee; and it is further

ORDERED, that pursuant to sections 541 and 542 of the Bankruptcy Code, the Ducati shall be turned over to the Trustee, free and clear of all liens, claims, interests and encumbrances, within five (5) business days; and it is further

3 The Debtors in these chapter 11 cases are Ho Wan Kwok (also known as Guo Wengui, Miles Guo, and Miles Kwok, as well as numerous other aliases) (last four digits of tax identification number: 9595), 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).

ORDERED, that Mr. Barnett shall execute any documentation and take other action as reasonably necessary to have title to the Ducati transferred to the estate, including endorsing the Ducati's title documents and/or the relevant state motor vehicle authority documents to the Trustee; and it is further

ORDERED, that the Court shall retain jurisdiction with respect to all matters arising from or related to the interpretation or implementation of this Order.

Julie A. Manning United States Bankruptcy Judge

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Case 22-50073 Doc 3177 Filed 05/10/24 Entered 05/10/24 13:57:08 Page 8 of 9

Title and Identification No. Year Make Model Body/Hull Wt./Sts./Lgth Color Fuel Cyl./Prop. ZDMGAHRWOMB005084 21 DUCAT - N/A МСУ 518 GR GAS 2