Guo Wengui / Miles Guo — bankruptcy case · PETITION · ECF #679-6

# **Exhibit F**

#### Case 22480973 Doc 679F6edFildd120804/ExterEnt(1080412241197: Main Pagerlaeft(21 Pg 1 of 15

| 2282312 | | | |---------------------------------------------------|---------------|------------------------------------| | United States Bankruptcy Court for the: | | | | SOUTHERN DISTRICT OF NEW YORK, MANHATTAN DIVISION | | | | Case number (11 known) | 11<br>Chapter | | | | | Check if this an amended<br>filing |

## Official Form 201 Voluntary Petition for Non-Individuals Filing for Bankruptcy

04/20

lf more space is needed, attact a separate sheet to the top any additional pages, writt the clobor name and the case number (if known). For mare loften a separate document,

| 1. | Debtor's name | Genever Holdings LLC | | |------|--------------------------------------------------------------------------|-------------------------------------------------------------------------------------------------|--------------------------------------------------------------------| | | | | | | 2. | All other names debtor<br>used in the last 8 years | | | | | Include any assumed<br>names, trade names and<br>doing business as names | | | | | 3. Debtor's federal Employer<br>Identification Number<br>(Ein) | 47-3338202 | | | ধ | Debtor's address | Principal place of business | Mailing address, if different from principal place of<br>business. | | | | 781 5th Ave | | | | | Apt 1801 | | | | | New York, NY 10022-5520 | | | | | Number, Street, City, State & ZIP Code | P.O. Box, Number, Street, City, State & ZIP Code | | | | New York | Location of principal assets, if different from principal | | | | County | place of business | | | | | 781 5th Ave Apt 1801 New York, NY 10022-5520 | | | | | Number, Street, City, State & ZIP Code | | ల్లో | Debtor's website (URL) | | | | દ. | Type of deblor | Corporation (including Limited Liability Company (LCC) and Limited Liability Partnership (LLP)) | | | | | | | | | | Parinership (excluding LLP) | | | | | Other. Specify: | |

#### 20-12411-jlg Doc 1 Filed 10/12/20 Entered 10/12/20 15:54:19 Main Document Pg 2 of 15 Case 22-50073 Doc 679-6 Filed 08/04/22 Entered 08/04/22 11:17:40 Page 3 of 21

| Debtor | Genever Holdings LLC | | | Case number (if known) | | | |--------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------------------|-------------------------------------------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|--------|--| | | Name<br>7. Describe debtor's business A. Check one: | | | | | | | | | Health Care Business (as defined in 11 U.S.C. § 101(27A)) | | | | | | | | Single Asset Real Estate (as defined in 11 U.S.C. § 101(51B)) | | | | | | | | Railroad (as defined in 11 U.S.C. § 101(44)) | | | | | | | | | Stockbroker (as defined in 11 U.S.C. § 101(53A)} | | | | | | | | Commodity Broker (as defined in 11 U.S.C. § 101(6)) | | | | | | | Clearing Bank (as defined in 11 U.S.C. § 781(3)) | | | | | | | | None of the above | | | | | | | | B. Check all that apply | | | | | | | | Tax-exempt entity (as described in 26 U.S.C. §501) | | | | | | | | I Investment company, Including hedge fund or pooled investment vehicle (as defined in 15 U.S.C. §80a-3) | | | | | | | | [] Investment advisor (as dalined in 15 U.S.C. §80b-2(a){11}) | | | | | | | | APRODATION OF CONSTITUTION | | | | | | | C: NAICS (North American Industry Classification System) 4-digit code that best describes debtor.<br>See htt | | | | | | | | | 2313 | | | | | | | 8. Under which chapter of the<br>Bankruptcy Code is the<br>debtor filing? | Check one: | | | | | | | | LJ Chepter 7 | | | | | | | | Chapter 9 | | | | | | | A debtor who is a "small<br>business debtor" must check<br>the first sub-box. A debtor as<br>defined in § 1182(1) who<br>elects to proceed under<br>subchapter V of chapter 11<br>(whether or not the debtor is a | Chapter 11. Check all that apply: | | | | | | | | | procedure in 11 U.S.C. § 1118(1)(B). | The debtor is a small business debtor as delined in 11 U.S.C. § 101(51D), and its aggregate<br>nonconlingent liquidated debts (excluding dabls owed to insiders or affiliates) are less than<br>\$2.725,625. If this sub-box is selected, attach the most recent balance sheet, stalement of operations,<br>cash-flow statement, and federal income tax relurn or if any of these documents do not exist, follow the | | | | | *small business debtor ) must<br>check the second sub-box. | | documents do not exist; follow the procedure in 11 U.S.C. § 1118(1)(B), | L. The debtor is a debtor as defined in 11 U.S.C. § 1182(1), its aggregate noncontingent liquidated debis<br>(excluding debts owed to insiders or affiliates) are less than \$7,500,000, and it chooses to proceed<br>under Subchaptor V of Chapter 11. If this sub-box is selected, attach the most recent balance<br>sheet, statement of operations, cash-flow statement, and federal income tax return, or if any of these | | | | | | | L. A plan is being filed with this petition. | | | | | | | | accordance with 11 U.S.C. § 1126(b). | L.J Acceptances of the plan were solicited prepelition from one or more classes of creditors, in | | | | | | | Form 201A) with this form. | The debtor is required to file periodic reports (for example, 10K and 100) with the Securities and<br>Exchange Commission according to § 13 or 15(d) of the Securities Exchange Act of 1934. File the<br>attachment to Voluntary Petition for Non-Individuals Filing for Bankruptcy under Chapter 11 (Official | | | | | | | | The debtor is a shell company as defined in the Securities Exchange Act of 1934 Rule 120-2. | | | | | | Chapter 12 | | | | | | છે. | Were prior bankruptcy | ાં No. | | | | | | | cases filed by or against the<br>debtor within the last B<br>years? | J Yes, | | | | | | | If more than 2 cases, attach a<br>separate list. | District | When | Case number | | | | | | District | When | Case number | | | | | | | | | | | | | 10. Are any bankruptcy cases<br>pending or being filed by a | El No | | | | | | | business partner or an<br>affiliate of the debtor? | Yes. | | | | | | | List all cases. If more than 1,<br>attach a separate list | Beblor | | Relationship | | | | | | District | When | Case number, if known | | | | | | | Battion for Non-Indhiduste Filing for Bankrunter | | nage 2 | |

## Ca80-22490978 Doc 679F6edFild@0204/E2tterEntia@012020412841197:Wain DagerHeaft21 Pg 3 of 15

| Debtor | Genever Holdings LLC | | | | Case number (if known) | | |--------------------------------------------------------------------|----------------------------------------------------------------------------|------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|------------------|----------------------------------------------------------------------------------------------------|-------------------------------------------------------------| | | Name | | | | | | | | 11. Why is the case filed in | | Check all that apply: | | | | | | this district? | | Debtor has had its domicile, principal place of business, or principal assets in this district for 180 days immediately<br>preceding the date of this petition or for a longer part of such 180 days than in any other district. | | | | | | | | A bankruptcy case concerning debtor's affiliate, general patiner, or partnership is pending in this district. | | | | | | 12. Doos the dobtor own or | No | | | | | | | have possession of any<br>real property or personal<br>property that needs | Yes. | | | Answer below for each property that needs immediate attention. Attach additional sheets if needed. | | | | immediate attention? | | | | Why does the property need immediate attention? (Check all that apply.) | | | | | | I It poses or is alleged to pose a fireat of imminent and idenfifiable hazard to public heath or safety. | | | | | What is the hazard? | | | | | | | | I It needs to be physically secured or protected from the weather. | | | | | | | | | | | It includes perishable goods or assets that could quickly detentorate or lose value without attention (for example,<br>livestock, seasonal goods, meat, daily, produce, or securities-related assets or other options).<br>Other | | | | | | | | | | | | | | | | Where is the property? | | | | | | | | | | Number, Street, City, State & ZIP Code | | | | | | ls the property insured? | | | | | | | | No | | | | | | | | Yes. | Insurance agency | | | | | | | Contact name | | | | | | | | Phone | | | | | | Statistical and administrative information. | | | | | | | 13: | Dobtor's ostimation of | | Check one: | | | | | | available funds | | | | L.I Funds will be available for distribution to unsecured creditors. | | | | | | | | After any administrative expenses are paid, no funds will be available to unsecured creditors. | | | | 14. Estimated number of | - 1-49 | | | 1.000-5,000 | 25,001-50,000 | | | creditors | [] 50-99 | | | 1 5001-10,000 | 50,001-100,000 | | | | 100-199 | | | 10,001-25,000 | More than 100,000 | | | | 200-999 | | | | | | | 15. Estimated Assets | 1 \$0 - \$50,000 | | | L.J \$1,000,001 - \$10 million | D. \$500,000,001 - \$1 billion | | | | | \$50,001 - \$100,000 | | L \$10,000,001 - \$50 million | J \$1,000,000,000,001 - \$10 billion | | | | | LI \$100,001 - \$500,000 | | \$50,000,001 - \$100 million | 0 \$10,000,000,000 - \$50 billion<br>More than \$50 billion | | | | | [ \$500,001 - \$1 million. | | L \$100,000,001 - \$500 million | | | | 16. Estimated liabilities | \$0 - \$50,000 | | | 0 \$1,000,001 - \$10 million | 0 \$500,000,001 - \$1 billion | | | | | \$50,001 - \$100,000 | | L \$10,000,001 - \$50 million | LJ \$1,000,000,000,001 - \$10 billion | | | | | 0 \$100,001 - \$500,000 | | \$50,000,001 - \$100 million | 0 \$10,000,000,001 - \$50 billion | | | | | L.J \$500,001 - \$1 million | | \$100,000,001 - \$500 million | More than \$50 billion | | | | | | | | |

#### 20-12411-jlg Doc 1 Filed 10/12/20 Entered 10/12/20 15:54:19 Main Document Pg 4 of 15 Case 22-50073 Doc 679-6 Filed 08/04/22 Entered 08/04/22 11:17:40 Page 5 of 21

| Request for Relief, Declaration, and Signatures<br>for up to 20 years, or both. 18 U.S.C. 5§ 152, 1341, 1519, and 3571.<br>I have been authorized to file this pelition on behalf of the debtor.<br>I declare under penally of perjury that the foregoing is true and correct<br>Executed on<br>October 6, 2020<br>MM / DD / YYYY | WARNING -- Bankerpley fraud is a senous circular with a bankrysicy case can result in fines up to 550,000 or impisoment<br>The debtor requests relief in accordance with the chapter of title 11, United States Code, specified in this petition.<br>I have examined the information in this pelition and have a reasonable belief that the information is true and correct. | |-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | | | | | | | | | | | | | | | | Signature of authorized reparaemante of debtor | Yanping Wang<br>Printed name | | Tille<br>Authorized Representative | | | | Date October 6, 2020<br>MM / DD / YYYY | | Kevin J. Nash | | | Goldberg Weprin Finkel Goldstein LLP<br>Firm name | | | 1501 Broadway 22nd Floor<br>New York, NY 10036<br>Number, Street, City, State & ZIP Code | | | Contact phone {212} 221-5700 | Email address knash@gwfglaw.com | | Kevin J. Nash | | | | X Isl Kevin J. Nash<br>Signature of attomey for debtor<br>Printed name<br>Bar number and State |

## Case 22450073 Pg 5 of 15

#### UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK

In re:

Chapter 11

Genever Holdings LLC,

Case No.

Debtor.

#### DEBTOR'S DECLARATION PURSUANT TO LOCAL BANKRUPTCY RULE 1007-2

Yanping Wang declares the following under penalties of perjury pursuant to 28 U.S.C. § 1746:

1. I am the duly designated representative of Genever Holdings LLC (the "Debtor"), a New York limited liability company with offices at The Sherry-Netherlands Apartments, 781 Fifth Avenue, New York, NY 10022, Unit 1801. As such, I have the requisite knowledge of the Debtor's financial and legal affairs to make this Declaration on the Debtor's behalf.

2. pursuant to Local Rule 1007-2 to assist the Court, creditors and other parties-in-interest in understanding the circumstances necessitating the Chapter 11 petition, the Debtor's debt and capital structure, and the Debtor's plans to emerge from bankruptcy.

## Lead-Up to the Chapter 11 Filing

3. units in the Sherry Netherland Hotel located at 781 Fifth Avenue, New York, NY 10022 (the "Premises"). The Debtor's interest in the Premises is memorialized by approximately 3,000 shares of Sherry Netherland cooperative stock and corresponding proprietary leases.

#### Case 224800703 Doc 67976edFildd120804/E2tterEntter@120800452841977:Wain PagerMeft21 Pg 6 of 15

4. The Premises were acquired in 2015 for the total sum of approximately \$70 million, largely with funding provided by Bravo Luck Limited ("Bravo") pursuant to a certain trust agreement, plus approximately \$5 million advanced by Mr. Qiang Guo. The trust recognizes Bravo as the beneficial owner of the Premises based on its funding of most of the purchase price. Bravo is a company owned by Mr. Qiang Guo, the son of Mr. Kwok Ho Wan a/k/a Miles Kwok, who serves mainly in a representative capacity as the manager of the Debtor and trustee under the trust agreement.

5. Since acquisition of the Premises, Bravo has also chiefly funded maintenance charges and assessments. Miles Kwok was a prominent real estate investor and businessman in China before a host of financial and legal troubles with the Communist Ruling Party forced him to leave the country. Mr. K.wok is currently seeking political asylum in the United States amidst false corruption charges lodged by the Chinese government.

6. The Debtor and Mr. Kwok have been engaged in certain litigation in the U.S.A. since 2017 involving an entity known as Pacific Alliance Asia Opportunity Fund ("Pacific Alliance"). The Pacific Alliance litigation relates to a personal guarantee of loan indebtedness unrelated to the Premises. While the Debtor is not a party to Mr. Kwok's loan transactions involving Pacific Alliance, it has been joined in a lawsuit filed by Pacific Alliance in the Supreme Court, New York County [Index No. 652077/2017] (the "Pacific Action") seeking to impose alter ego liability on the Debtor and others.

7. This lawsuit, which is being actively defended, puts a cloud on the future direction and ownership of the Premises. In the meanwhile, the Premises have become subject to non-payment proceedings instituted by the Sherry-Netherlands Hotel for unpaid maintenance

#### Case 224300703 Doc 67976edFildd12004/E2tterEsched108004628411977:Main PaqerBeft21 Pg 7 of 15

charges of approximately \$1,000,000. The ability of Bravo to generate funds to pay maintenance is hampered by challenges over the ownership of the Premises.

8. The Premises were previously subject to a motion for a pre-judgment attachment motion filed by Pacific Alliance in April 2019. That motion was resolved following an evidentiary hearing without issuance of an attachment, based upon a consent order issued by the State Supreme Court requiring the Debtor and Mr. Kwok to provide prior notice to Pacific Alliance of any future disposition of the Premises.

9. Despite this consent order, Pacific Alliance has recently filed a second motion by order to show cause returnable in mid-October seeking to restrain Mr. Kwok from selling, assigning or transferring any property in which he has an interest. Ostensibly, this order to show cause is again directed against the Premises, although, functionally, the order to show cause, appears duplicative of the since-resolved pre-judgment motion-for attachment.

10. Before the Premises become further entangled in litigation involving competing claims of ownership, the Debtor is filing this Chapter 11 petition to gain the needed flexibility to be in a position to maximize value under the rehabilitative power of the Bankruptcy Court. The Chapter 11 allows for a possible sale of the Premises, if necessary, while protecting the legitimate rights or claims of both Bravo and Pacific Alliance.

11. Indeed, with the onset of the Covid-19 pandemic, the future of the Premises has become even more uncertain. Real estate values are declining throughout the City of New York, and it will undoubtedly be difficult to sell an apartment of this magnitude should that become necessary without Chapter 11 oversight.

12: Contrary to published reports, Mr. Kwok does not have an ownership interest in the Premises, although he currently resides in the apartment. Thus, an important

#### Case 224800703 Doc 67976edFildd120804/E2tterEntterd10800452841977:Main DagerBeft21 Pg 8 of 15

threshold goal of the Chapter 11 case is to obtain a resolution of the competing claims relating to the Premises as between Bravo and Pacific Alliance. Once this issue is resolved or settled, the matter involving Pacific Alliance will be clarified and the Debtor will then be in a position to promulgate a plan of reorganization. Pending such a determination, Chapter 11 will help the Debtor preserve the status quo.

#### Local Rule 1007-2 Disclosures

13. Pursuant to Local Rule 1007-2(a)(3), no committees were formed prior to the filing of the Debtor's Chapter 11 Petition.

14. Pursuant.to Local Rule 1007-4(a)(4), a list of all of the Debtor's creditors is attached hereto.

15. Pursuant to Local Rule 1007-4(a)(5), The Sherry-Netherland, Inc., although listed as a general creditor, potentially retains rights as a secured creditor for unpaid maintenance under state law.

16. Pursuant to Local Rule 1007-4(a)(6), the Debtor's assets and liabilities will be set forth in formal bankruptcy schedules to be filed concurrently or within fifteen (15) days of the date hereof.

17. Pursuant to Local Rule 1007-4(a)(7), the membership interest in the Debtor is not publicly traded, and is held by Genever Holdings Corporation as listed in the schedule of equity holders filed herewith.

18. Pursuant to Local Rule 1007-4(a)(8), none of the Debtor's assets are in the possession or custody of any custodian, public officer, mortgagee, pledge, assignee of rents or secured creditor.

#### Case122-50003 Dood 679-lied Filled Filler Eintered 2001-522-119.17Main Deaglentof Pg 20f 15

19. Pursuant to Local Rule 1007-4(a)(9), the Premises together with the auxiliary units are in concept leased from The Sherry-Netherland Hotel pursuant to various proprietary leases.

20. Pursuant to Local Rule 1007-4(a)(10), the Debtor's books and records are located at its offices at 781 Fifth Avenue, New York, NY 10022.

21. Pursuant to Local Rule 1007-4(a)(11), a list of all pending lawsuits is filed herewith.

22. the Debtor pursuant to the terms of the Debtor's Operating Agreement without compensation. I likewise serve as the Debtor's representative for Chapter 11 without compensation.

23. Pursuant to Local Rule 1007-4(b)(1), the Debtor has no current employees.

24. Pursuant to Local Rule 1007-4(b)(2) and (3), the Debtor anticipates incurring disbursements in the next 30 days of approximately \$100,000 which is comprised mainly of maintenance charges and assessments, as per the attached budget.

Dated: New YorksNew York October O, 2020

By: C Lamping Wang a

#### Case122-50003 Dood 679iled Filled Filled 1280 4522 er Echterial 1280 1714ain Deagler Chof Pg 101of 15

## UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK

In re:

Chapter 1 l

Genever Holdings LLC,

Case No.

Debtor.

#### COMPANY RESOLUTIONS

A special meeting of the sole Member of Genever Holdings LLC (the "Company") having been held on October 6, 2020, and upon motion duly made and carried, the following resolutions were unanimously adopted:

> RESOLVED, the Company is authorized to file a voluntary petition for relief under Chapter 11 of title 11 of the United States Code (the "Bankruptcy Code"), in the United States Bankruptcy Court for the Southern District of New York; and it is further

> RESOLVED, Yanping Wang is appointed as the Company's representative and is authorized to act on behalf of the Company to (a) execute the Chapter 11 petition and all other accompanying documents, and cause the same to be filed with the Bankruptcy Court; and (b) cause to be filed all schedules, statements, lists, motions, applications and other papers or documents necessary or desirable to prosecute the Chapter 11 case; and it is further

> RESOLVED, that the Company is authorized to retain the law firm of Goldberg Weprin Finkel Goldstein LLP as counsel in the Chapter 11 case under a general retainer.

Dated: New York, New York October 6, 2020

#### GENEVER HOLDINGS LLC

By: Genever Holdings Corporation

### Case122450003 Dood 679iled Filled Filler Einterest 100015221119.17Main Deaglenter Pg 121of 15

## UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK

In re:

Chapter 11

Genever Holdings LLC,

Case No.

Debtor.

1. Pacific Alliance Asia Opportunity Fund L.P., Plaintiff v. Kwok Ho Wan, a/k/a Kwok Ho, a/k/a Gwo Wen.Gui, a/k/a Guo Wengui, a/k/a Guo Wen-Gui, a/k/a Wan Gue Haoyun, a/k/a Miles Kwok, a/k/a Haoyun Guo, Genever Holdings LLC and Genever Holdings Corporation, Defendants Index No. 652077/2017 Supreme Court of the State of New York County of New York 60 Centre Street, Part 61, Room 232 New York. NY 10007 Hon. Barry R. Ostrager

LIST OF LAWSUITS

O'Melveny & Myers LLP Attorneys for Plaintiff 7 Times Sq New York, NY 10036-6524

2. Genever Holdings LLC, Plaintiff v. The Sherry-Netherland, Inc., Defendant Index No. 152838/2020 Supreme Court of the State of New York County of New York 60 Centre Street, Part 61, Room 232 New York, NY 10007 Hon. Eileen Rakower

Lawall & Mitchell, LLC Attorneys for Plaintiff Aaron A. Mitchell, Esq. 162 East 64th Street New York, NY 10065

#### Case122450003 Dood 679iled Filled Filler Einterest 100015221119.17Main Deaglentestof Pg 121of 15

Adam Leitman Bailey, P.C. Attorneys for Defendant One Battery Park Plaza, 18th Floor New York, NY 10004

3. The Sherry-Netherland, Inc., Petitioner (Landlord) v. Genever Holdings LLC, Respondent (Tenant) Index No. 154853/2020 Civil Court of the City of New York County of New York

Adam Leitman Bailey, P.C. Carolyn Z. Rualo, Esq. Attorneys for Petitioner-Landlord One Battery Park Plaza, 18th Floor New York, NY 10004

4. The Sherry-Netherland, Inc., Petitioner (Landlord) v. Genever Holdings LLC, 781 Fifth Avenue, Apartment 1801, New York, NY 10022, Respondent (Tenait) Index No. 154854/2020 Civil Court of the City of New York County of New York

Adam Leitman Bailey, P.C. Carolyn Z. Rualo, Esq. Attorneys for Petitioner-Landlord One Battery Park Plaza, 18th Floor New York, NY 10004

5. The Sherry-Netherland, Inc., Petitioner-Landlord v. Genever Holdings LLC., Respondent-Occupant, "John Doe" and/or "Jane Doe", Respondents-Under-Occupants Index No. 155038/2020 Civil Court of the City of New York County of New York

Adam Leitman Bailey, P.C. Carolyn Z. Rualo, Esq. Attorneys for Petitioner-Landlord One Battery Park Plaza, 18th Floor New York, NY 10004

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Signature of Ms. Wang.

to sign on behalf of

Resolutions (Ex. A).

pursuant to October 6

Ms. Wang was authorized

Genever US by the Debtor

## Case1224519173 Dood1679iled Filled128104E22erechteble1280045221110.17Main Deaglentestof Pg 121of 15

## UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK

In re:

Chapter 11

Genever Holdings LLC,

Case No.

Debtor.

------

## LIST OF EQUITY HOLDERS

1. Genever Holdings Corporation BVI Business Company P.O. Box 3170 Road Town, Tortola, British Virgin Islands

Dated: New York, New York October October 10, 2020

GENEVER HOLDINGS LLC

By: Genever Holdings Corporation By: Tamping Wang

## Case122450003 Dood1679iled Filled128004E22erechtebla020045224119171Main Deaglentof Pg 131of 15

# UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK

In re:

Chapter 11

Genever Holdings LLC,

Case No.

Debtor.

## BANKRUPTCY RULE 7007.1 CORPORATE OWNERSHIP STATEMENT

- Y

Pursuant to Bankruptcy Rule 7007.1, Genever Holdings LLC certifies that it is a

private non-governmental party, and has no corporate parent, affiliates and/or subsidiaries which

are publicly held.

Dated: New York, New York October 0, 2020

GENEVER HOLDINGS LLC

By: Genever Holdings Corporation By: Yanping Wang

#### 20-12411-jlg Doc 1-1 Filed 10/12/20 Entered 10/12/20 15:54:19 Mailing Matrix Pg 1 of 3 Case 22-50073 Doc 679-6 Filed 08/04/22 Entered 08/04/22 11:17:40 Page 17 of 21

| | United States Bankruptcy Court<br>Southern District of New York, Manhattan Division. | | |--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------------------------------|----------------------| | IN RE: | | Case No. | | Genever Holdings LLC | | Chapter 11 | | | Deblor (5) | | | | VERIFICATION OF CREDITOR MATRIX | | | | The above named debtor(s) hereby verify(iss) that the attached matrix is true to the bear of my(out) knowledge, | | | Date: October 6, 2020 | Signature:<br>Yanping Wang, Authorized Representation | Debtor | | Date: _ ______________________________________________________________________________________________________________________________________________________________________ | Signature: | Joint Debtor, if any |

Signature of Ms. Wang. Ms.

behalf of Genever US by the

Debtor pursuant to October 6

Resolutions (Ex. A).

Wang was authorized to sign on

#### 20-12411-jlg Doc 1-1 Filed 10/12/20 Entered 10/12/20 15:54:19 Mailing Matrix Pg 2 of 3 Case 22-50073 Doc 679-6 Filed 08/04/22 Entered 08/04/22 11:17:40 Page 18 of 21

Adam Leitman Bailey P.C. 1 Battery Park Plz Fl 18 New York, NY 10004-1646 Bravo Luck Limited

P.O. Box 957 Off Shore Incoropration Centre Road Town, Tortola British Virgin Islands

Internal Revenue Service Centralized Insolvency Operations PO Box 7346 Philadelphia, PA 19101-7346

Lawall & Mitchell LLC 162 E 64th St New York, NY 10065-7478

New York State Attorney General 120 Broadway New York, NY 10271-0002

NYC Dep't of Finance Legal Affairs 345 Adams St Fl 3 Brooklyn, NY 11201-3719

NYC Dept of Law Attn: Bernadette Brennan, Esq. 100 Church St Rm 5-233 New York, NY 10007-2601

NYS Dep't of Taxation Bankruptcy/Special Procedure PO Box 5300 Albany, NY 12205-0300

Pacific Alliance Asia Opportunity Fund LP c/o O'Melveny & Myers 7 Times Sq New York, NY 10036-6524 Qiang Guo c/o Bravo Luck Limited P.O. Box 957 Off Shore Incoropration Centre Road Town, Tortola British Virgin Islands

Romer Debbas LLP 275 Madison Ave Ste 801 New York, NY 10016-1153

The Sherry Netherland 781 5th Ave New York, NY 10022-1092

#### Case 222150073 Dototto79-bed Fille202004122terEdteMedia202019222410517:Wain Pager20101 Pg 21of 2

## INITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK

In re:

Chapter 11

Genever Holdings LLC,

Case No. 20-12411-JLG

Debtor.

## APPLICATION IN SUPPORT OF THE RETENTION OF GOLDBERG WEPRIN FINKEL GOLDSTEIN LLP AS BANKRUPTCY COUNSEL

## TO THE HONORABLE JAMES L. GARRITY, JR., UNITED STATES BANKRUPTCY JUDGE:

The application of Genever Holdings LLC, the Debtor herein, in support of the proposed retention of Goldberg Weprin Finkel Goldstein LLP ("GWFG") as its bankruptcy counsel, represents as follows:

1. J The Debtor filed a voluntary petition under Chapter 11 of the Bankruptcy Code on October 12, 2020, and thereafter has continued in possession and management of its property as a debtor-in-possession pursuant to 11 U.S.C. §§1107 and 1108.

2. Sherry Netherland Hotel located at 781 Fifth Avenue, New York, NY 10022 (the "Units"). The Units are subject to competing claims relating to ownership and the Chapter 11 is designed to maximize the value of the Units under a court supervised sale process while the competing claims and interests are sorted out.

3. The Debtor hereby seeks to retain GWFG as counsel to the Debtor to provide legal services on behalf of the Debtor's estate, including:

> a. To provide the Debtor with all necessary representation in connection with this Chapter 11 case, as well as the Debtor's responsibilities as a debtor-in-possession.

- b. To represent the Debtor in all proceedings before the U.S. Bankruptcy Court and the Office of the U.S. Trustee. - c. To prepare and file all necessary legal papers, applications, motions, objections, adversary proceedings, and reports on the Debtor's behalf. - d. To render all other legal services required by the Debtor in connection with the administration of the Chapter 11 case with the ultimate goal of obtaining approval of a plan of reorganization. - 4. The Debtor believes that GWFG is qualified to represent the Debtor herein

and is sufficiently disinterested to serve as counsel within the meaning of the Bankruptcy Code.

5. GWFG is not a creditor or equity holder of the Debtor, and does not hold

an interest adverse to the Debtor or the Debtor's estate.

WHEREFORE, the Debtor requests entry of the pre-fixed order authorizing the

retention of Goldberg Weprin Finkel Goldstein LLP as bankruptcy counsel.

Dated: New York, New York January \_\_\_ 2021

Genever Holdings Ltd Ву: Vette Wang