--- type: court_doc id: "court_ctb_827_0" court: "CTB" case_no: "22-50073" doc_number: 827 doc_type: "ORDER" filed_date: null lang: "en" machine_translated: false url: "https://mubeitech.com/en/court/court_ctb_827_0" json_url: "https://mubeitech.com/api/court/court_ctb_827_0" --- # Guo Wengui / Miles Guo — bankruptcy case · ORDER · ECF #827 UNITED STATES BANKRUPTCY COURT DISTRICT OF CONNECTICUT BRIDGEPORT DIVISION x In re:　: :　Chapter 11 HO WAN KWOK,　:　Case No. 22-50073 (JAM) Debtor.1　: -----------------------------------------------------------　x CHAPTER 11 TRUSTEE'S COUNTER-DESIGNATION OF ADDITIONAL ITEMS TO BE INCLUDED IN RECORD ON APPEAL Pursuant to Federal Rule of Bankruptcy Procedure 8009, Luc Despins, as the appointed Chapter 11 Trustee to the Debtor's estate (the "Trustee"), by and through his undersigned counsel, Paul Hastings LLP, hereby submits his designation of additional items to be included in the record on appeal (the "Designation") with respect to the appeal ("Appeal") filed by debtor Ho Wan Kwok (the "Debtor" or "Appellant") to the United States District Court for the District of Connecticut of this Court's Order Denying Motion for Relief from Judgment/Order, entered on August 2, 2022, ECF No. 667 (the "Rule 60 Order").2 COUNTER-DESIGNATION OF RECORD ON APPEAL3 I. Filings in Case No. 22-50073 (JAM) (Bankr. D. Conn.) The Trustee designates the following additional items filed to the docket of Case No. 22- 50073 (JAM) (Bankr. D. Conn.) to be included in the record on appeal: 1 Although the Debtor's legal name is Ho Wan Kwok, he is also known as Guo Wengui, Miles Guo, and Miles Kwok, as well as numerous other aliases. The last four digits of the Debtor's taxpayer identification number are 9595. 2 The Trustee reserves all rights to move to strike Appellant's designation of items on appeal that have been improperly included in the record. See Fed. R. Bankr. P. 8009(e). 3 The items designated herein include all exhibits and attachments to such items. Date Filed　ECF No.　Description 03/19/2022　102　United States Trustee's Motion for an Order Directing the Appointment of an Examiner or, in the Alternative, Motion for Order Directing the Appointment of a Chapter 11 Trustee 03/20/2022　107　Declaration of Mr. Ho Wan Kwok in Support of the Chapter 11 Case and Certain Motions 04/06/2022　183　Pacific Alliance Asia Opportunity Fund L.P.'s Motion to Dismiss Chapter 11 Case or, in the Alternative, Partial Joinder to United States Trustee's Motion for an Order Directing the Appointment of a Chapter 11 Trustee 05/11/2022　344　Debtor's Consent to Dismissal of Case and Response to Pacific Alliance Asia Opportunity Fund L.P.'s Motion to Dismiss Chapter 11 Case or, in the Alternative, Partial Joinder to United States Trustee's Motion for an Order Directing the Appointment of a Chapter 11 Trustee 05/11/2022　346　Opposition of the Official Committee of Unsecured Creditors to Pacific Alliance Asia Opportunity Fund L.P.'s Motion to Dismiss Chapter 11 Case or, in the Alternative, Partial Joinder to United States Trustee's Motion for an Order Directing the Appointment of a Chapter 11 Trustee 05/11/2022　347　Objection of Creditors Rui Ma, Zheng Wu and Weican Meng to the Motion of Pacific Alliance Asia Opportunity Fund L.P. for Dismissal of this Case or, in the Alternative, for Appointment of a Trustee 05/11/2022　348　Creditor Logan Cheng's Opposition to Pacific Alliance Asia Opportunity Fund L.P.'s Motion to Dismiss Chapter 11 Case 05/18/2022　392　Pacific Alliance Asia Opportunity Fund L.P.'s Omnibus Reply in Support of Motion to Dismiss Chapter 11 Case or, in the Alternative, Partial Joinder to United States Trustee's Motion for Order Directing the Appointment of a Chapter 11 Trustee 05/20/2022　404　Pacific Alliance Asia Opportunity Fund L.P.'s Exhibit List RE Motion to Dismiss Chapter 11 Case or, in the Alternative, Partial Joinder to United States Trustee's Motion for Order Directing the Appointment of a Chapter 11 Trustee 05/20/2022　405　Creditors Rue Ma, Zheng Wu and Weican Meng's Joinder to the Witness and Exhibit List Submitted by the Official Committee of Unsecured Creditors Date Filed　ECF No.　Description 05/20/2022　406　List of Witnesses and Exhibits of the Official Committee of Unsecured Creditors 05/20/2022　408　Supplemental Memorandum of Law of the Official Committee of Unsecured Creditors Addressing the Alternatives of Dismissal, Conversion or the Appointment of a Chapter 11 Trustee 05/20/2022　412　Creditor Logan Cheng's Position Paper as to Dismissal, Conversion, or Appointment 05/20/2022　414　United States Trustee's Witness and Exhibit List 05/20/2022　416　United States Trustee's Position Statement Regarding Required Relief Under 11 U.S.C. § 1112(b) 05/20/2022　418　Supplemental Statement of Creditors Rue Ma, Zheng Wu and Weican Meng in Support of Conversion of Case 05/20/2022　421　Pacific Alliance Asia Opportunity Fund L.P.'s Supplemental Statement in Support of Motion to Dismiss Chapter 11 Case 05/23/2022　430　Notice of Status of Civil Action Removed From Supreme Court of the State of New York, New York County Pursuant to 28 U.S.C. § 1452(A) and Rule 9027 of the Federal Rules of Bankruptcy Procedure and Request for Status Conference 05/24/2022　432　Amended Notice of Status of Civil Action Removed From Supreme Court of the State of New York, New York County Pursuant to 28 U.S.C. § 1452(A) and Rule 9027 of the Federal Rules of Bankruptcy Procedure and Request for Status Conference 05/25/2022　440　Exhibit List for Pacific Alliance Asia Opportunity Fund L.P. 05/25/2022　441　Exhibit List for Official Committee of Unsecured Creditors 05/27/2022　442　Transcript of Motion for Order Directing Appointment of an Examiner, or in the Alternative Motion for Order Directing the Appointment of a Chapter 11 Trustee; Motion to Dismiss Chapter 11 Case or in the Alternative, Partial Joinder to U.S. Trustee's Motion for an Order Directing the Appointment of a Chapter 11 Trustee 06/16/2022　466　Errata Sheet Regarding Official Transcript Date Filed　ECF No.　Description 06/15/2022　465　Memorandum of Decision and Order Denying Motion to Dismiss without Prejudice and Granting Joinder to Motion for Appointment of Chapter 11 Trustee 07/06/2022　511　Response of Pacific Alliance Asia Opportunity Fund L.P. to Court's Errata Sheet Regarding Official Transcript 07/06/2022　512　Response of Creditors Rui Ma, Zheng Wu and Weican Meng to the Court's Errata Sheet Regarding Official Transcript 07/07/2022　515　Application for Order Approving Appointment of a Chapter 11 Trustee 07/08/2022　523　Order Granting Appointment of Chapter 11 Trustee 07/22/2022　586　Request for Transcript of July 21, 2022 Status Conference filed by Trustee Luc A. Despins 08/02/2022　667　Order Denying Motion for Relief from Judgment/Order 09/06/2022　826　Request for Transcript of May 25, 2022 Evidentiary Hearing CERTIFICATION REGARDING TRANSCRIPTS The Trustee respectfully certifies, pursuant to Bankruptcy Rule 8009(b)(3), that he has ordered the necessary transcripts and that the transcript order forms for same have been properly transmitted and are filed on the docket. RESERVATION OF RIGHTS The Trustee expressly reserves, and does not waive, his right to supplement this Designation. This filing is made expressly subject to, and without waiver of, any and all rights, remedies, challenges, and objections. [Remainder of Page Intentionally Left Blank] Dated: September 6, 2022 LUC A. DESPINS, New Haven, Connecticut CHAPTER 11 TRUSTEE By: /s/ Patrick R. Linsey Patrick R. Linsey (ct29437) NEUBERT, PEPE & MONTEITH, P.C. 195 Church Street, 13th Floor New Haven, Connecticut 06510 (203) 781-2847 plinsey@npmlaw.com and Nicholas A. Bassett (admitted pro hac vice) PAUL HASTINGS LLP 2050 M Street NW Washington, D.C., 20036 (202) 551-1902 nicholasbassett@paulhastings.com and Avram E. Luft (admitted pro hac vice) Douglass Barron (admitted pro hac vice) PAUL HASTINGS LLP 200 Park Avenue New York, New York 10166 (212) 318-6079 aviluft@paulhastings.com douglassbarron@paulhastings.com Counsel for the Chapter 11 Trustee