Guo Wengui / Miles Guo — bankruptcy case · ECF #3269

In Re.

§ Case No.

Lead Case No.

Reporting Period Ended: 04/30/2024 Petition Date:

Months Pending: 27 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 Statement of operations (profit or loss statement)

Statement of capital assets Balance sheet containing the summary and detail of the assets, liabilities and equity (net worth) or deficit

- 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

Signature of Responsible Party Printed Name of Responsible Party Address Luc A. Despins, in his capacity as Chapter 11 Trustee Paul Hastings LLP 200 Park Avenue 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 3269 Filed 06/21/24 Entered 06/21/24 13:00:56 Page 2 of 22

Part 1: Cash Receipts and Disbursements Current Month Cumulative

a. Cash balance beginning of month \$67,271,625 b. Total receipts (net of transfers between accounts) \$276,421 \$104,517,077 c. Total disbursements (net of transfers between accounts) \$730,246 \$36,715,729 d. Cash balance end of month (a+b-c) \$66,817,799 e. Disbursements made by third party for the benefit of the estate \$0 \$12,757 f. Total disbursements for quarterly fee calculation (c+e) \$730,246 \$36,728,486 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

f. Postpetition payables (excluding taxes) \$0 g. Postpetition payables past due (excluding taxes) \$0

n. Total liabilities (debt) (j+k+l+m) \$0

Part 3: Assets Sold or Transferred Current Month Cumulative a. Total cash sales price for assets sold/transferred outside the ordinary

b. Total payments to third parties incident to assets being sold/transferred outside the ordinary course of business \$0 \$1,157,500 c. Net cash proceeds from assets sold/transferred outside the ordinary course of business (a-b) \$0 \$22,383,079 Part 4: Income Statement (Statement of Operations) Current Month Cumulative (Not generally applicable to Individual Debtors. See Instructions.) a. Gross income/sales (net of returns and allowances) \$0 b. Cost of goods sold (inclusive of depreciation, if applicable) \$0 c.

e. General and administrative expenses \$0

g. Depreciation and/or amortization (not included in 4b) \$0

- i. Taxes (local, state, and federal) \$0

Case 22-50073 Doc 3269 Filed 06/21/24 Entered 06/21/24 13:00:56 Page 3 of 22

Debtor's Name Ho Wan Kwok Case No. 22-50073

a. Debtor's professional fees & expenses (bankruptcy) Aggregate Total \$679,198 \$34,636,861 \$679,198 \$34,636,861

i Neubert, Pepe & Monteith, P.C Local Counsel \$351,151 \$2,364,301 \$351,151 \$2,364,301 ii Paul Hastings LLP (counsel to cLead Counsel \$0 \$27,845,464 \$0 \$27,845,464 iii Brown Rudnick (counsel to Ho Lead Counsel \$0 \$0 \$0 \$0 iv Pullman & Comley, LLC (coun Lead Counsel \$90,228 \$708,643 \$90,228 \$708,643 v Coleman Worldwide Advisors LOther \$0 \$0 \$0 \$0 vi Dundon Advisors (UCC financi Financial Professional \$0 \$0 \$0 \$0 vii Verdolino & Lowey, PC (financFinancial Professional \$0 \$0 \$0 \$0 viii Harney Westwood & Riegels LPOther \$0 \$583,799 \$0 \$583,799 ix Paul Wright Other \$0 \$0 \$0 \$0 x Pallas Partners LLP Other \$0 \$305,818 \$0 \$305,818 xi Edmiston and Company LimitedOther \$0 \$1,176,250 \$0 \$1,176,250 xii Engineering Operations and CerOther \$0 \$0 \$0 \$0 xiii Epiq Corporate Restructuring, LOther \$0 \$301,968 \$0 \$301,968 xiv Kroll LLC Other \$237,819 \$1,350,618 \$237,819 \$1,350,618

Current Month Cumulative Month Cumulative b. Debtor's professional fees & expenses (nonbankruptcy) Aggregate Total \$0 \$0 \$0 \$0

i Baker Hostetler LLP Other \$0 \$0 \$0 \$0 ii Clayman & Rosenberg LLP Other \$0 \$0 \$0 \$0 iii Ganfer Shore Leeds & ZaudererOther \$0 \$0 \$0 \$0 iv Harcus Parker Ltd. Other \$0 \$0 \$0 \$0

vi Lawall & Mitchell, LLC Other \$0 \$0 \$0 \$0 vii Petrillo Klein & Boxer LLP Other \$0 \$0 \$0 \$0 viii Schulman Bhattacharya, LLC Other \$0 \$0 \$0 \$0 ix The Casper Firm Other \$0 \$0 \$0 \$0 x The Francis Firm PLLC Other \$0 \$0 \$0 \$0 xi VX Cerda & Associates Other \$0 \$0 \$0 \$0

Case 22-50073 Doc 3269 Filed 06/21/24 Entered 06/21/24 13:00:56 Page 8 of 22

c. All professional fees and expenses (debtor & committees) \$0 \$0 \$0 \$0

Part 6: Postpetition Taxes Current Month Cumulative

a. Postpetition income taxes accrued (local, state, and federal) \$0

b. Postpetition income taxes paid (local, state, and federal) \$0

c. Postpetition employer payroll taxes accrued \$0

d. Postpetition employer payroll taxes paid \$0

e. Postpetition property taxes paid \$0

f. Postpetition other taxes accrued (local, state, and federal) \$0

g. Postpetition other taxes paid (local, state, and federal) \$0

Part 7: Questionnaire - During this reporting period: a. Were any payments made on prepetition debt? (if yes, see Instructions) Yes

b. Were any payments made outside the ordinary course of business without court approval? (if yes, see Instructions) Yes

c. Were any payments made to or on behalf of insiders? Yes

d. Are you current on postpetition tax return filings? Yes

e. Are you current on postpetition estimated tax payments? Yes

f. Were all trust fund taxes remitted on a current basis? Yes

g. Was there any postpetition borrowing, other than trade credit?

h. Were all payments made to or on behalf of professionals approved by

i. Worker's compensation insurance?

j. Has a plan of reorganization been filed with the court? Yes

k. Has a disclosure statement been filed with the court? Yes

l. Are you current with quarterly U.S. Trustee fees as

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

f. Self-employment related 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

m. If yes, have you made all Domestic Support Obligation payments? Yes

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.**

Luc A. Despins, in his capacity as Chapter 11 Trustee

In re Ho Wan Kwok Case No. 22-50073 (JAM) Debtor Reporting Period: 4/1/2024 - 4/30/2024 INDIVIDUAL DEBTOR CASH RECEIPTS AND CASH DISBURSEMENTS

(This Form must be submitted for each bank account maintained by the Debtor)

Amounts reported should be per the debtor's books, not the bank statement. The

cash from the prior month or, if this is the first report, the amount should be the balance

on the date the petition was filed. Attach the bank statements and a detailed list of all disbursements made during the

the date, the check number, the payee, the transaction description, and the amount. A

be attached for each account. [See MOR-1 (CON'T)]

Current Month Cumulative July 8, 2022 to Date

Funds received from B. Hofmeister Assignee for benefit of creditors \$

Retainer Refund (Kercsmar Collins & O'Hara / Lewis Roca) \$

Adversary Proceeding Interpleader Funds \$

Funds received from The Casper Firm Settlement \$

Refund from Yachtzoo Yacht Management (Lady May II balance) \$

Refund of insurance premium from cancellation of protection and \$

indemnity insurance upon sale of Lady May on 6/30/23

ORDINARY ITEMS:

Fees paid to International Surety Ltd for surety bond renewal \$

Fees paid with respect to Yacht repair invoices out of the Yacht \$

Fees paid with respect to Miller Advertising Agency Inc. (English \$

Fees paid with respect to Dexter White Invoice \$

Fees paid with respect to Bridgeport Harbor Marina out of the Yacht \$

Fees paid with respect to Safe Harbor out of the Yacht Repair \$

Fees paid with respect to Yatchtzoo for operating expenses out of the \$

Fees paid with respect to Harneys Corporate Services Limited \$

Disbursement paid to JP Reynolds Company Inc. (for customs duty \$

Disbursement paid to James Pizzaruso for pay roll in connection with \$

Disbursement paid to B. Hofmeister Assignee for Benefit of Creditors \$

of HCHK (for HCHK admin matters and employee payments) Disbursement paid to RKH IT Solutions (IT Consultant for HCHK \$

Fees paid to SHM Newport Shipyard LLC (for Lady May II \$

Disbursement paid to R.I. Martine Survey (for Lady May II appraisal) \$

Disbursement paid to Brosnan Risk Consultants LTD (for security \$

Disbursement paid to ARD Facilities Management Group LLC (for \$

Disbursement paid to FDS46 Crew Series LLC (Lady May II captain \$

In re Ho Wan Kwok Case No. 22-50073 (JAM)

Debtor Reporting Period: 4/1/2024 - 4/30/2024 REORGANIZATION ITEMS:

Fees paid with respect to Neubert, Pepe & Monteith PC \$

Fees paid with respect to Paul Hastings LLP \$

Broker fees paid with respect to Edmiston and Company Limited \$

Fees paid with respect to Pullman & Comley, LLC \$

Fees paid with respect to Epiq Corporate Restructuring LLC \$

Fees paid with respect to Harney Westwood & Riegels LP \$

Fees paid with respect to Pallas Partners LLP \$

Other Reorganization Expenses (attach schedule) \$

Total Disbursements (Ordinary + Reorganization) \$

Payment pursuant to DIP Order with respect to financing Genever US \$

invoices for Gallagher Basset Services Inc. (for ATRU and variance drawings, final inspection and asbestos survey and reporting work at

Payment pursuant to DIP Order with respect to financing Genever \$

US counsel fees (Saxe Doernberger & Vita PC) Payment pursuant to DIP Order with respect to financing Genever \$

US counsel fees (O'Sullivan McCormack Jensen & Bliss PC)

Payment pursuant to DIP Order with respect to financing Genever \$

BVI corporate fees (Harneys Corporate Services) Payment pursuant to DIP Order with respect to financing Genever \$

US invoices for ABF Environmental Inc. (for asbestos abatement and

Payment pursuant to DIP Order with respect to financing Genever \$

US invoices for Gustav Restoration LLC (for 50% deposit for work at

Payment pursuant to DIP Order with respect to financing Genever \$

US invoices for Acheson Doyle Partners Architects, PC (for apartment stabilization work at The Sherry Netherland) Payment pursuant to DIP Order with respect to financing Genever US \$

invoices for Catalpa Special Inspections, Inc. (for remediation project at

Payment pursuant to DIP Order with respect to financing Genever US \$

invoices for Skyline Windows LLC (for window replacement at The

Payment pursuant to DIP Order with respect to financing Genever US \$

invoices for Arista Air Conditioning Corp. (for service repair proposal

Payment pursuant to DIP Order with respect to financing Genever US \$

invoices for The Sherry Netherland, Inc. (for security deposit) Payment pursuant to DIP Order with respect to financing Genever \$

US invoices for Sciame Homes NY LLC (for general contractor at The

Payment pursuant to DIP Order with respect to financing Genever \$

US invoices for Burnham Nationwide, Inc. (for apartment restoration at

Payment pursuant to DIP Order with respect to financing Genever US \$

Payment pursuant to DIP Order with respect to financing Genever US \$

Payment pursuant to DIP Order with respect to financing Genever US \$

invoices for Hillmann Consulting (for post fire smoke damage

Net Cash Flow (Total Receipts - Total Disbursements - DIP \$

Cash - End of Month (Must equal reconciled bank statement) \$

Third Party Disbursements on Behalf of the Estate

In re Ho Wan Kwok Case No. 22-50073 (JAM) Debtor Reporting Period: 4/1/2024 - 4/30/2024

DISBURSEMENTS FOR CALCULATING U.S. TRUSTEE QUARTERLY FEES: (FROM CURRENT MONTH ACTUAL COLUMN)

LESS: TRANSFERS TO OTHER DEBTOR IN POSSESSION ACCOUNTS \$ - PLUS: ESTATE DISBURSEMENTS MADE BY OUTSIDE SOURCES (i.e. from escrow \$ -

TOTAL DISBURSEMENTS FOR CALCULATING U.S. TRUSTEE QUARTERLY \$

UNITED STATES BANKRUPTCY COURT DISTRICT OF CONNECTICUT BRIDGEPORT DIVISION

In re: : :

HO WAN KWOK, : :

Debtor. :

------------------------------------------------------ x ATTACHMENT TO MONTHLY OPERATING REPORT FOR THE PERIOD APRIL 1, 2024 THROUGH APRIL 30, 2024

This attachment is incorporated into and made a part of the Monthly Operating Report ("MOR") of Chapter 11 Trustee Luc A. Despins.

- 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 or asterisks next to answers. Accordingly, as presented, certain responses may be inapplicable or incomplete. Following guidance from the United States Trustee's office, this attachment is being filed as an integral part of the MOR. - 2. On July 8, 2022, the Bankruptcy Court signed an order approving the appointment of Luc A. Despins, Esq. as Chapter 11 Trustee (the "Trustee"). The information in this MOR is based only on information beginning on the date of the Trustee's appointment and only on bank accounts within the Trustee's control.[1] - 3. The Trustee reserves the rights to amend, modify or supplement this MOR or update it in future MORs.

4. As noted above, this information is limited to cash receipts and disbursements since the Trustee was appointed and with respect to accounts under the Trustee's control. Not all cash receipts held by the Trustee as reflected in this MOR have been determined to be

1 The Trustee is currently investigating the Debtor's assets and financial affairs (with respect to which investigation the Debtor has not cooperated).

property of the estate at this time. There are various on-going litigations with respect to the funds held by the Trustee, which, if finally determined in a manner adverse to the Trustee, would materially reduce the total amount of cash held by the Trustee at this time. In addition, cash disbursements included here do not reflect payments made pursuant to the *Order (I) Authorizing Chapter 11 Trustee to Extend Financing Pursuant to Bankruptcy Code Section 363, (II) Authorizing Genever US and Genever BVI to Obtain Post-Petition Financing Pursuant to Bankruptcy Code Section 264, (III) Granting Non-Priming Liens and Providing Superpriority Administrative Expense Claims, (IV) Modifying Automatic Stay, and (V) Granting Related Relief*, entered on September 12, 2023 [Dkt. 2193], which authorized the Kwok estate to finance expenses of the Genever entities, which are described in the summary of cash receipts and disbursements.

- 5. To the extent this section is applicable (the Debtor is an individual), the Trustee has insufficient information to complete this section. The Trustee's counsel is currently reviewing the over 1,200 proofs of claim filed in connection with the claims bar date, which occurred on February 17, 2023. - 6. The Trustee is aware of certain professional fees and expenses that have arisen in connection with services provided by the Trustee's professionals. As of the end of the reporting period, certain interim applications for reimbursement of expenses have been approved by the Court pursuant to various orders approving interim fee applications and as set forth in the Order Establishing Procedures for Interim Compensation and Reimbursement of Expenses for Retained Professionals, entered on August 18, 2023 [Docket No. 2094].

7. On June 27, 2023, the Bankruptcy Court entered an order authorizing and approving the sale of the Lady May [Docket No. 1953]. On December 19, 2023, the Bankruptcy Court entered an order authorizing and approving the sale of the Lady May II [Docket No. 2449].

8. To the extent this section is applicable (the Debtor is an individual), the Trustee has insufficient information to complete this section.

9. As of the end of the reporting period, certain interim applications for reimbursement of expenses have been approved by the Court pursuant to various orders approving interim fee applications and as set forth in the Order Establishing Procedures for Interim Compensation and Reimbursement of Expenses for Retained Professionals, entered on August 18, 2023 [Docket No. 2094].

10. The Trustee is aware of a number of professional firms that have provided services to the official committee of unsecured creditors or the Debtor (prior to the appointment of the Trustee) but that have not at this time had their retentions approved by the Court. The Trustee includes such professional firms (of which he is aware) in this part of the MOR out of an abundance of caution but reserves all his rights with respect to the retention and/or payment of fees with respect to such professional firms. The Trustee also notes that the Debtor may have employed professionals (prior to the appointment of the Trustee) of which the Trustee is not aware.

11. The Trustee is not aware of any postpetition taxes that have accrued during the time period since the Trustee's appointment.

12. The Trustee notes that the Debtor filed a chapter 11 plan on April 20, 2022 [Docket No. 197] (the "April 2022 Plan") with respect to which no disclosure statement was filed or approved.

13. The Trustee has insufficient information to respond to Part 8.

Direct inquiries to:

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9300 Flair Dr., 1 St FL El Monte, CA. 91731

ACCOUNT STATEMENT Page 2 of 2 STARTING DATE: April 01, 2024 ENDING DATE: April 30, 2024

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9300 Flair Dr., 1 St FL El Monte, CA. 91731

ACCOUNT STATEMENT Page 1 of 2 STARTING DATE: April 01, 2024 ENDING DATE: April 30, 2024 Total days in statement period: 30

BK EST/HO WAN KWOK DEBTOR LUC A DESPINS, CH11 TRUSTEE CASE #22-50073 C/O PAUL HASTINGS LLP 200 PARK AVE NEW YORK NY 10166-0005

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Date Transaction Description Subtractions 04-02 Outgoing Wire PULLMAN AND COMLEY LLC 90,227.64 04-02 Service Charge OUTGOING WIRE 40.00 04-05 Debit Memo FIDUCIARY MAINTENANCE 601789 25.00 04-05 Debit Memo FIDUCIARY COLLATERAL 601789 5,902.05 04-08 Preauth Debit AIGRSCIA WEB PMT 240408 25,156.75 04-12 Outgoing Wire HILLMANN CONSUL TIN G LLC 16,625.21 04-12 Service Charge OUTGOING WIRE 40.00 04-16 Outgoing Wire ACHESON DOYLE PART NERS ARCHITECTS 5,286.60 04-16 Service Charge OUTGOING WIRE 40.00 04-17 Preauth Debit QUARTERLY FEE PAYMENT 240417 0000 38,021

04-24 Outgoing Wire ARD FACILITIES MAN AGEMENT GROUP LLC 8,000.00 04-24 Service Charge OUTGOING WIRE 40.00 04-24 Outgoing Wire OSULLIVAN MCCORMAC K JENSEN AND 9,693.85 04-24 Service Charge OUTGOING WIRE 40.00 04-30 Outgoing Wire OSULLIVAN MCCORMAC K JENSEN AND 9,740.41 04-30 Service Charge OUTGOING WIRE 40.00

03-31 537,730.94 04-08 416,379.50 04-17 356,366.00 04-02 447,463.30 04-12 399,714.29 04-24 338,592.15 04-05 441,536.25 04-16 394,387.69 04-30 .74

ACCOUNT STATEMENT Page 2 of 2 STARTING DATE: April 01, 2024 ENDING DATE: April 30, 2024

El Monte, CA. 91731 BK EST/HO WAN KWOK DEBTOR