Guo Wengui / Miles Guo — bankruptcy case · EXHIBIT · ECF #440-10

## **EXHIBIT PAX 12**

May 2, 2022 Email from UST to Brown Rudnick

| | | 22-50073 | | |-----------------------|--|----------------------------|--| | Ho Wan Kwok<br>IN RE: | | | | | | | | | | PAX | | 12 | | | | | | | | | | 5/25/2022 Admitted in Full | | | | | P.E. | | | | | | | | | | | |

From: Claiborn, Holley L. (USTP) <Holley.L.Claiborn@usdoj.gov> Sent: Monday, May 2, 2022 6:19 PM To: Silverberg, Bennett S. <BSilverberg@brownrudnick.com>; Baldiga, William R. <WBaldiga@brownrudnick.com>; Jonas, Jeffrey L. <JJonas@brownrudnick.com> Cc: Craig Jalbert <CJalbert@vlpc.com>; Matt Flynn <MFlynn@vlpc.com>; \* Irve J Goldman <igoldman@pullcom.com>; Kaplan, Jonathan A. <JKaplan@PULLCOM.COM>; Friedman, Peter <pfriedman@omm.com>; Harbach, David <dharbach@omm.com>; Sarnoff, Stuart M. <ssarnoff@omm.com>; Aronsson, Laura S. <laronsson@omm.com>; Mackey, Steven E. (USTP) <Steven.E.Mackey@usdoj.gov>; Gervais, John (USTP) <John.Gervais@usdoj.gov> Subject: FW: Kwok 22-50073 - February MOR and March MOR - Request for details

[EXTERNAL MESSAGE]

Bill, Ben and Jeff,

Thanks for the information. To ensure transparency, this information should be provided to the Committee and to PAX (and to any party in interest who requests it), and so I am including it in this email and coping counsel for the Committee and PAX. The easiest way to do that in the future is to attach it to the MORs when they are filed.

The accrued professional fee schedule lists attorneys who have not been retained in this case. As you are aware, there are no pending applications to employ counsel to represent the estate/debtor in connection with the chapter 11 or in outside litigation. Only Brown Rudnick has been retained. That fact, along with the Court's denial of the motion to employ ordinary course professionals, invites questions and concerns as to why there are other counsel incurring post-petition fees as listed on the Excel spreadsheet, and why the estate is listed as responsible for paying them. Absent a retention order, lawyers are not authorized to act on behalf of the estate/debtor and should not be providing services. Retention for lawyers is required regardless of whether or not they seek compensation.

Further, there are living expenses being paid by Lamp Capital, Greenwich Land LLC, and GSNY, some of which has been paid using a debit card. All of this again begs the question of why money to fund the chapter 11 case must come in the form of a loan. Further, the debtor's position that payment of chapter 11 quarterly fees has to wait until a DIP loan is approved is not appropriate.

Thanks, Holley

Holley L. Claiborn Trial Attorney Office of the United States Trustee Giaimo Federal Building 150 Court Street, Room 302 New Haven, CT 06510 Office Phone: 203.773.5504 Fax: 203.773.2217 Email: Holley.L.Claiborn@usdoj.gov Cell Phone: 202-834-1662

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From: Silverberg, Bennett S. <BSilverberg@brownrudnick.com> Sent: Monday, May 2, 2022 5:10 PM

To: Claiborn, Holley L. (USTP) <Holley.L.Claiborn@usdoj.gov>; Baldiga, William R. <WBaldiga@brownrudnick.com>; Jonas, Jeffrey L. <JJonas@brownrudnick.com> Cc: Gervais, John (USTP) <John.Gervais@usdoj.gov>; Mackey, Steven E. (USTP) <Steven.E.Mackey@usdoj.gov>; Craig Jalbert <CJalbert@vlpc.com>; Matt Flynn <MFlynn@vlpc.com> Subject: [EXTERNAL] Re: Kwok 22-50073 - February MOR and March MOR - Request for details

Holley-

Attached is the requested backup for the February and March monthly operating reports.

The quarterly UST fees will be paid from the proceeds of the DIP financing (once approved).

Ben

-- Bennett S. Silverberg Partner Brown Rudnick LLP Seven Times Square New York, NY 10036 O: 212.209.4924 M: 917.538.2798 F: 212.938.2924 bsilverberg@brownrudnick.com www.brownrudnick.com Please consider the environment before printing this e-mail

From: Claiborn, Holley L. (USTP) <Holley.L.Claiborn@usdoj.gov> Date: Monday, May 2, 2022 at 3:50 PM To: Baldiga, William R. <WBaldiga@brownrudnick.com>, Silverberg, Bennett S. <BSilverberg@brownrudnick.com> Cc: \* Irve J Goldman <igoldman@pullcom.com>, Kaplan, Jonathan A. <JKaplan@PULLCOM.COM>, Patrick M. Birney (pbirney@rc.com) <pbirney@rc.com>, Friedman, Peter <pfriedman@omm.com>, Harbach, David <dharbach@omm.com>, Aronsson, Laura S. <laronsson@omm.com>, Gervais, John (USTP) <John.Gervais@usdoj.gov>, Mackey, Steven E. (USTP) <Steven.E.Mackey@usdoj.gov>, ssarnoff@omm.com <ssarnoff@omm.com> Subject: Kwok 22-50073 - February MOR and March MOR - Request for details

CAUTION: External E-mail. Use caution accessing links or attachments.

All

With respect to the MORs for February MOR and the March MOR, please provide the following information:

- 1. For the February MOR and the March MOR, a list of payees and amounts for the third party disbursements (see Part 1, line e). - 2. For the March MOR, a list of accounts payable that goes with Part 2, line f that explains the amount of \$1,276,267. The list should be itemized by the amounts due to each payee.

Kindly provide that information by tomorrow. It is pertinent to the DIP loan discussion.

I also wanted remind you that quarterly fees of \$994.00 were due on April 30. The fees can be paid online at pay.gov.

Thanks

Holley

Holley L. Claiborn

Trial Attorney

Office of the United States Trustee

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Giaimo Federal Building

150 Court Street, Room 302

New Haven, CT 06510

Office Phone: 203.773.5504

Fax: 203.773.2217

EMAIL: Holley.L.Claiborn@usdoj.gov

Cell Phone: 202-834-1662

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