Guo Wengui / Miles Guo — bankruptcy case · ORDER · ECF #3520

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT

In re:

Chapter 11 Case No. 22-50073 (JAM) (Jointly Administered)

APPELLANT'S STATEMENT OF ISSUES AND DESIGNATION OF ITEMS TO BE INCLUDED IN THE RECORD ON APPEAL

Appellant Pillsbury Winthrop Shaw Pittman LLP ("Pillsbury"), 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 August 14, 2024 Order Granting Second Motion For Extension of Deadline for Trustee to File Avoidance Actions (ECF No. 3417, the "Ruling") granting the Trustee, Luc A. Despins, Chapter 11 Trustee's (the "Trustee") First Supplemental Motion of Chapter 11 Trustee to Extend August 15, 2024 Deadline for Trustee To File Avoidance Actions (ECF No. 3329).

1. Did the Bankruptcy Court have constitutional authority to enter a final judgment

and order concerning the Extension Motion?

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).

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

Pillsbury Winthrop Shaw Pittman LLP 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:

Date Docket Entry/Description Docket Number

2 1/18/2024 Motion for Order / Motion for Entry of

3 1/31/2024 Notice of / Omnibus Notice of Service

Item Docket Docket Entry/Description Docket Number

2/5/024 Objection to Trustee's Motion for Entry

5 2/5/2024 Objection (Non-Party Defeng Caos

7 2/5/2024 Objection and Memorandum of Law in

8 2/5/204 Objection of Non-Parties Rule of Law

10 2/5/2024 Objection to Trustee's Motion for Entry

Item Docket Docket Entry/Description Docket Number

11 2/5/2024 Objection Filed by Robert J. Grand on behalf of GS Security Solutions, Inc. 2571

12 2/7/2024 Objection and Joinder to Trustee's

13 2/9/2024 Reply to (related document(s): 2509

2/13/2024 Trustee's Witness and Exhibit Lists in

Hearing on Extension Motion and All 2763

Exhibits Proffered by any Party Filed in Case No. 22-50073 16 2/15/2024 Memorandum of Decision 2921

18 2/28/2024 G Club Notice of Appeal 2969

Item Docket Docket Entry/Description Docket Number

19 2/28/2024 Transmittal of Notice of Appeal to U.S.

20 7/19/2024 Motion to Extend Time to Extend

21 8/6/2024 G Club Operations, LLC's Objection

22 8/6/2024 Objection to the Chapter 11 Trustee's

23 8/6/2024 Notice of Filing of Meta Platforms,

behalf of Meta Platforms, Inc.

24 8/6/2024 Notice of Filing of Apple Inc.'s

Peter Angelich on behalf of Apple Inc.

Entry Docket Entry/Description Docket Number

25 8/7/2024 Notice of Filing Objections to First

26 8/9/2024 Omnibus Reply of Chapter 11 Trustee

(II) in Response to Objections Thereto 3391

27 8/13/2024 Trustee's Witness and Exhibit Lists in

Avoidance Actions Filed by Patrick R.

28 8/14/2024 Order Granting Second Motion for

30 8/27/2024 Notice of Appeal to District Court

Entry Docket Entry/Description Docket Number

8/28/2024 Transmittal of Notice to U.S. District

32 7/22/2024 Notice of Filing Motion of Chapter 11

Filed in Adv. Pro. No.

33 8/6/2024 Pillsbury Winthrop Shaw Pittman

34 7/22/2024 Notice of Filing Motion of Chapter 11

35 8/6/2024 FFP (BVI) Limited's Objection and

36 7/22/2024 Notice of Filing Motion of Chapter 11

Date Docket Entry/Description Docket Number

37 8/6/2024 Ogier's Objection and Memorandum of

38 7/22/2024 Notice of Filing Motion of Chapter 11

39 8/6/2024 Weddle Law PLLC's Objection and

Pursuant to Rule 8009(b)(1) of the Federal Rules of Bankruptcy Procedure, Pillsbury

Winthrop Shaw Pittman LLP hereby certifies that all relevant transcripts have been ordered and

are listed in the above designation of the record.

Pillsbury Winthrop Shaw Pittman LLP expressly reserves its right to supplement this

designation.

By: /s/ Kellianne Baranowsky GREEN & SKLARZ LLC Jeffrey M. Sklarz (ct20938) Kellianne Baranowsky (ct26684) One Audubon St, 3rd Floor New Haven, CT 06511 Tel: 203-285-8545 jsklarz@gs-lawfirm.com kbaranowsky@gs-lawfirm.com

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: September 10, 2024 /s/ Kellianne Baranowsky