--- type: court_doc id: "court_ctb_4226_0" court: "CTB" case_no: "22-50073" doc_number: 4226 doc_type: "ORDER" filed_date: null lang: "en" machine_translated: false url: "https://mubeitech.com/en/court/court_ctb_4226_0" json_url: "https://mubeitech.com/api/court/court_ctb_4226_0" --- # Guo Wengui / Miles Guo — bankruptcy case · ORDER · ECF #4226 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF CONNECTICUT BRIDGEPORT DIVISION HO WAN KWOK, et al., [1] Debtors. In re Chapter 11 Case No. 22-50073 (JAM) (Jointly Administered) 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. I. Statement of Issues to Be Presented 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: ECF No.　Case No.　Date　Description 2509　22-50073　01/18/2024　Motion for Entry of Order Extending Deadline for Trustee to File Avoidance Actions Under 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 and (II) Scheduling Hearing 2551　22-50073　02/05/2024　Objection of Mei Guo to Trustee's Motion for Entry of Order Extending Deadline for Trustee to File Avoidance Actions Under Bankruptcy Code Sections 108, 546(a), and 549 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, 546(a), and 549 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, 546(a), and 549 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 Sections 108, 546(a), and 549 2563　22-50073　02/05/2024　G Club Operations LLC's Objection and Memorandum of Law in Opposition to Trustee's Motion for Entry of Order Extending Deadline for Trustee to File Avoidance Actions Under 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 Sections 108, 546(a), and 549 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, 546(a), and 549 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 2563) 2571　22-50073　02/05/2024　Objection of GS Security Solutions, Inc. to Trustee's Motion to Toll or Enlarge Period to File Avoidance Actions Under Bankruptcy Code Sections 108, 546(a), and 549 2582　22-50073　02/07/2024　Objection and Joinder by Yinying Wang to Chapter 11 Trustee's Motion for Order Extending Deadline to File Avoidance Actions Under §§ 108, 546(a), and 549 of the Bankruptcy Code 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 Part Motion to Extend Deadlines 3329　22-50073　07/19/2024　First Supplemental Motion of Chapter 11 Trustee to Extend August 15, 2024 Deadline for Trustee to File Avoidance Actions 3374　22-50073　08/06/2024　G Club Operations, LLC's Objection and Memorandum of Law in Opposition to First Supplemental Motion for Chapter 11 Trustee to Extend August 15, 2024 Deadline for Trustee to File Avoidance Actions 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 Actions in Pending Adversary Proceedings 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 Response to the Objections Thereto 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 for Trustee to File Avoidance Actions 4009　22-50073　01/27/2025　Notice of Hearing 4034　22-50073　02/07/2025　G Club Operations, LLC'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 Actions 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 File Avoidance Actions 4039　22-50073　02/07/2025　Notice of Joinder in Objections to Motion to Extend the February 15, 2025, Deadline for Trustee to File Avoidance Actions 4041　22-50073　02/07/2025　Notice of Joinder of AWS and Amazon.com, Inc. 4044　22-50073　02/07/2025　Miller Motorcars, Inc. Objection to Second Supplemental Motion of Chapter 11 Trustee to Extend February 15, 2025 Deadline for Trustee to File Avoidance Actions 23　Adv. Pro. No.　02/07/2025　Ogier's Objection and Memorandum of Law in 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 Actions 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 Actions 44　Adv. Pro. No. 24-05117　02/07/2025　Meta Platforms Inc. Objection to Second Supplemental Motion of Chapter 11 Trustee to Extend February 15, 2025 Deadline for Trustee to File Avoidance Actions 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 Actions 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 III. Certification Regarding Transcripts 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. IV. Reservation of Rights 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. Dated: March 18, 2025 K&L Gates LLP By: /s/ Brian T. Peterson 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.