Guo Wengui / Miles Guo — bankruptcy case · ORDER · ECF #4226

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF CONNECTICUT BRIDGEPORT DIVISION

Debtors.

APPELLANTS AMAZON WEB SERVICES, INC. AND AMAZON.COM, INC.'S STATEMENT OF ISSUES TO BE PRESENTED AND DESIGNATION OF ITEMS TO BE INCLUDED IN THE RECORD ON APPEAL

In accordance with Federal Rule of Bankruptcy Procedure 8009, appellants Amazon Web Services, Inc. ("AWS") and Amazon.com, Inc. ("Amazon"), by their undersigned counsel, respectfully submit their statement of issues to be presented and designation of items to be included in the record on appeal in connection with their appeal of the Order Granting In Part Third Motion for Extension of Deadline for Trustee to File Avoidance Actions (ECF No. 4106), entered on

February 14, 2025, by the United States Bankruptcy Court for the District of Connecticut.

Amazon and AWS hereby state the following issues to be presented on appeal:

1. Did the Bankruptcy Court err in granting the Trustee a third extension of the

limitation periods within which the Trustee is required to initiate any avoidance actions under 11

USC §§ 108, 546(a) and/or 549(d).

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).

2. Does Fed. R. Bank. P. 9006(b), a rule promulgated by the judiciary branch, authorize a Bankruptcy Court – either on its face or consistent with constitutional "separation of powers" principles – to extend or otherwise alter the limitation periods for avoidance actions set forth in 11 USC §§ 546(a) and/or 549(d), which are statutes enacted by Congress. II. Designation of Items to be Included in the Record on Appeal

Amazon and AWS hereby designate the following items to be included in the record on appeal, which includes any and all exhibits, documents and addenda attached thereto and filed therewith, and all documents incorporated by reference therein:

2509 22-50073 01/18/2024 Motion for Entry of Order Extending Deadline for

Bankruptcy Code Sections 108, 546(a), and 549 2540 22-50073 01/31/2024 Omnibus Notice of Service and Publication 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 Trustee's Forthcoming Tolling Motion

2551 22-50073 02/05/2024 Objection of Mei Guo to Trustee's Motion for Entry of Order Extending Deadline for Trustee to File

2553 22-50073 02/05/2024 Non-Party Defeng Cao's Memorandum of Law in Opposition to the Motion for Entry of Order Extending Deadline for Trustee to File Avoidance Actions Under Bankruptcy Code Sections 108,

2554 22-50073 02/05/2024 UBS AG's Objection to Motion for Entry of Order Extending Deadline for Trustee to File Avoidance Actions Under Bankruptcy Code Sections 108,

2557 22-50073 02/05/2024 Objection to the Chapter 11 Trustee's Motion for Entry of An Order Extending Deadline for Trustee to File Avoidance Actions Under Bankruptcy Code

Memorandum of Law in Opposition to Trustee's Motion for Entry of Order Extending Deadline for

Bankruptcy Code Sections 108, 546(a), and 549 2565 22-50073 02/05/2024 Objection of Non-Parties Rule of Law Foundation III, 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

2566 22-50073 02/05/2024 Objection of Third Parties Chris Lee and Qidong Xia to Trustee's Motion for Entry for Order Extending Deadline for Trustee to File Avoidance Actions Under Bankruptcy Code Sections 108,

2569 22-50073 02/05/2024 Objection to the Chapter 11 Trustee's Motion for Entry for Order Extending Deadline for Trustee to File Avoidance Actions Under Bankruptcy Code Sections 108, 546(a), and 549 and Joinder to Objections Filed by Mei Guo (ECF 2551), UBS AG (ECF 2554), Defeng Cao (ECF 2553), Taurus Fund, LLC, Taurus Management, LLC and Scott Barnett (ECF 2557) and G Club Operations LLC (ECF

Inc.

Trustee's Motion to Toll or Enlarge Period to File

2582 22-50073 02/07/2024 Objection and Joinder by Yinying

11 Trustee's Motion for Order Extending Deadline to File Avoidance Actions Under §§ 108, 546(a),

2620 22-50073 02/09/2024 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 2947 22-50073 02/13/2024 Transcript of Hearing on February 13, 2024 2921 22-50073 02/15/2024 Memorandum of Decision and Order Granting in

3329 22-50073 07/19/2024 First Supplemental Motion of Chapter 11 Trustee to Extend August 15, 2024 Deadline for Trustee to

Supplemental Motion for Chapter 11 Trustee to Extend August 15, 2024 Deadline for Trustee to

3375 22-50073 08/06/2024 Notice of Filing of Meta Platform, Inc.'s Objection to Extension of Deadline to File Avoidance Actions 3376 22-50073 08/06/2024 Notice of Filing of Apple, Inc.'s Objection to Extension of Deadline to File Avoidance Actions 3379 22-50073 08/07/2024 Notice of Filing Objections to First Supplemental Motion for Chapter 11 Trustee to Extend August 15, 2024 Deadline for Trustee to File Avoidance

3391 22-50073 08/09/2024 Omnibus Reply of Chapter 11 Trustee (I) in Support of First Supplemental Motion for Chapter 11 Trustee to Extend August 15, 2024 Deadline for Trustee to File Avoidance Actions and (II) in

3446 22-50073 08/13/2024 Transcript of Hearing on August 13, 2024 3417 22-50073 08/14/2024 Order Granting Second Motion for Extension of Deadline for Trustee to File Avoidance Actions 4004 22-50073 01/24/2025 Second Supplemental Motion to Extend Deadline

4009 22-50073 01/27/2025 Notice of Hearing

Memorandum of Law in Opposition to Second Supplemental Motion of Chapter 11 Trustee to Extend February 15, 2025 Deadline for Trustee to

4035 22-50073 02/07/2025 American Express Company's Objection to Second Supplemental Motion of Chapter 11 Trustee to Extend February 15, 2025 Deadline for Trustee to

4039 22-50073 02/07/2025 Notice of Joinder in Objections to Motion to Extend the February 15, 2025, Deadline for Trustee to File

4041 22-50073 02/07/2025 Notice of Joinder of AWS and Amazon.com, Inc.

Inc.

Supplemental Motion of Chapter 11 Trustee to Extend February 15, 2025 Deadline for Trustee to

24-05012 Opposition to Second Supplemental Motion of Chapter 11 Trustee to Extend February 15, 2015 Deadline for Trustee to File Avoidance Actions

36 Adv. Pro. No. 24-05056 02/07/2025 FFP (BVI) Limited's Objection and Memorandum of Law in Opposition to Second Supplemental Motion of Chapter 11 Trustee to Extend February 15, 2025 Deadline for Trustee to File Avoidance

69 Adv. Pro. No. 24-05060 02/07/2025 Apple Inc. Objection to Second Supplemental Motion of Chapter 11 Trustee to Extend February 15, 2025 Deadline for Trustee to File Avoidance

44 Adv. Pro. No.

Inc.

Supplemental Motion of Chapter 11 Trustee to Extend February 15, 2025 Deadline for Trustee to

52 Adv. Pro. No. 24-05188 02/07/2025 Weddle Law PLLC's Objection and Memorandum of Law in Opposition to Second Supplemental Motion of Chapter 11 Trustee to Extend February 15, 2015 Deadline for Trustee to File Avoidance

4106 22-50073 02/14/2025 Order Granting In Part Third Motion for Extension of Deadline for Trustee to File Avoidance Actions. 4172 22-50073 02/27/2025 Transcript of proceedings held on February 11, 2025, before the Honorable Julie A. Manning

Pursuant to Federal Rule of Bankruptcy Procedure 8009(b)(1), Amazon and AWS hereby certify that they are not ordering any transcripts. All transcripts have been prepared, are available on the docket, and are designated in the foregoing designation of the record.

Amazon and AWS reserve and do not waive any of their rights to supplement this statement of issues for appeal and the designation of the record for appeal contained herein. This filing is made expressly subject to, and without waiver of, any and all rights, remedies, challenges and objections.

Brian T. Peterson, (phv208265) K&L Gates LLP 925 Fourth Avenue, Suite 2900 Seattle, WA 98104 Phone: (206) 623-7580 Fax: (206) 623-7022 E-mail: brian.peterson@klgates.com

Lindsay Sampson Bishop, (ct29990) K&L Gates LLP 1 Congress St, Boston, MA 02114 Phone: (617) 261-3100 Fax: (617) 261-3175 E-mail: lindsay.bishop@klgates.com

Counsel for Amazon Web Services, Inc. and Amazon.com, Inc.