Guo Wengui / Miles Guo — bankruptcy case · ORDER · ECF #4196

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 Ogier, 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 14, 2025 Order Granting In Part Third Motion For Extension of Deadline for Trustee to File Avoidance Actions (ECF No. 4106, the "Ruling"), granting the Trustee, Luc A. Despins, Chapter 11 Trustee's (the "Trustee") *Second Supplemental Motion of Chapter 11 Trustee To Extend February 15, 2025 Deadline For Trustee To File Avoidance Actions* (ECF No. 4004, the "Third Extension Motion").

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

and order concerning the Third 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) and 549(d) 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) and 549(d) 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

Ogier 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:

Entry Date Docket Entry/Description Docket Number

1 11/28/2023 Notice of Filing Status Conference

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

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

Entry Date Docket Entry/Description Docket Number

4 2/5/2024 Objection to Trustee's Motion for

5 2/5/2024 Objection (Non-Party Defeng Cao's

7 2/5/2024 Objection and Memorandum of Law

8 2/5/2024 Objection of Non-Parties Rule of

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

Entry Date Docket Entry/Description Docket Number

11 2/5/2024 Objection Filed by Robert J. Grand

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

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

by Chapter 11 Trustee Luc A.

14 2/12/2024 Trustee's Witness and Exhibit Lists in

15 2/13/2024 Hearing on Extension Motion and All

16 2/15/2024 Memorandum of Decision 2921

Entry Date Docket Entry/Description Docket Number

18 2/28/2024 G Club Operations LLC Notice of

19 2/28/2024 Transmittal of Notice of Appeal to

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

02/15/2025 Filed by Patrick R.

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

Entry Date Docket Entry/Description Docket Number

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

26 8/9/2024 Omnibus Reply of Chapter 11

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

Patrick R. Linsey on behalf of Luc A.

28 8/14/2024 Order Granting Second Motion for

02/15/2025 Filed by Patrick R.

30 8/28/2024 Notice of Appeal to District Court

Entry Date Docket Entry/Description Docket Number

31 8/28/2024 Transmittal of Notice to U.S. District

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

R. Linsey on behalf of Luc A.

33 8/6/2024 Pillsbury Winthrop Shaw Pittman

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

R. Linsey on behalf of Luc A.

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

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

R. Linsey on behalf of Luc A.

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

Entry Date Docket Entry/Description Docket Number

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

R. Linsey on behalf of Luc A.

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

40 1/24/2025 Motion to Extend Time to Assert

42 2/7/2025 Objection and Memorandum of Law

43 2/7/2025 Objection American Express Company's

Item Docket Docket Entry/Description Docket Number

45 2/7/2025 Notice of Filing of Apple Inc. Objection

Peter Angelich on behalf of Apple Inc.

46 2/7/2025 Objection Notice of Joinder in

47 2/7/2025 Notice of Filing of Meta Platforms Inc.

48 2/7/2025 Objection to 2nd Supp. Mtn. to Extend

Filed by Eric Seltzer on behalf of Miller

49 2/10/2025 Trustee's Witness and Exhibit Lists in 4046

Item Docket Docket Entry/Description Docket Number

Trustee to File Avoidance Actions Filed in Case No. 22-50073

51 2/14/2025 Order Granting In Part Third Motion for Extension of Deadline for Trustee to File

52 2/20/2025 Notice of Appeal to District Court

53 2/20/2025 Transmittal of Notice to U.S. District

54 2/25/2025 Notice and Acknowledgement of

55 1/29/2025 Notice of Filing Motion to Extend

Patrick R. Linsey on behalf of Luc A.

56 2/7/2025 FFP (BVI) Limited's Objection and

for Trustee to File Avoidance Actions 36

57 1/29/2025 Notice of Filing Motion to Extend

Item Docket Docket Entry/Description Docket Number

No. Entry Date and Notice of Hearing Filed by Patrick R. Linsey on behalf of Luc A.

58 2/7/2025 Ogier's Objection and Memorandum of

59 1/29/2025 Notice of Filing Motion to Extend

Patrick R. Linsey on behalf of Luc A.

60 2/7/2025 Weddle Law PLLC's Objection and

for Trustee to File Avoidance Actions 52

61 1/29/2024 Notice of Filing Motion to Extend

Notice of Hearing Filed by Patrick R.

62 2/7/2025 Objection / Apple Inc. Objection to

63 1/29/2025 Notice of Filing Motion to Extend

Notice of Hearing Filed by Patrick R.

64 2/7/2025 Objection / Meta Platforms Inc.

George Peter Angelich on behalf of Meta 44

Entry Date Docket Entry/Description Docket Number

Pursuant to Rule 8009(b)(1) of the Federal Rules of Bankruptcy Procedure, Ogier hereby certifies that all relevant transcripts have been ordered and are listed in the above designation of the record.

Ogier expressly reserves its right to supplement this designation.

By: /s/ Michelle A. Antao GREEN & SKLARZ LLC Jeffrey M. Sklarz (ct20938) Kellianne Baranowsky (ct26684) Michelle A. Antao (ct31715) One Audubon St, 3rd Floor New Haven, CT 06511 Tel: 203-285-8545 jsklarz@gs-lawfirm.com kbaranowsky@gs-lawfirm.com mantao@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: March 6, 2025 /s/ Michelle A. Antao