MUBEITECH

Guo Wengui / Miles Guo — criminal case · ECF #4199

METADATA

Defendant
Guo Wengui / Miles Guo / Ho Wan Kwok
Court
SDNY
Case No.
1:23-cr-00118
ECF #
4199
Type
DOC

Appellant's Statement of Issues and Designation of Items to Be Included in the Record on Appeal —— United States v. Ho Wan Kwok (Guo Wengui, Miles Guo), United States District Court District of Connecticut Chapter 11 Case No. 22-50073, ECF #4199 (filed March 2025). G Club Operations LLC appeals the Bankruptcy Court's order extending the deadline for filing avoidance actions, raising constitutional and statutory authority issues.

FULL TEXT

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT

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In re:

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HO WAN KWOK, et al.,
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Debtors[1]
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Chapter 11 Case No. 22-50073 (JAM) (Jointly Administered)

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March 6, 2025
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APPELLANT'S STATEMENT OF ISSUES AND DESIGNATION OF ITEMS TO BE INCLUDED IN THE RECORD ON APPEAL

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Appellant G Club Operations LLC ("G Club Operations"), by and through its undersigned counsel, hereby provides, pursuant to Rule 8009 of the Federal Rules of Bankruptcy Procedure (the "Bankruptcy Rules"), this statement of issues to be presented and designation of items to be included in the record on appeal with respect to this appeal to the United States District Court for the District of Connecticut from the Bankruptcy Court's February 14, 2025 Order Granting In Part Third Motion For Extension of Deadline for Trustee to File Avoidance Actions (ECF No. 4106, the "Ruling"), granting the Trustee, Luc A. Despins, Chapter 11 Trustee's (the "Trustee") *Second Supplemental Motion of Chapter 11 Trustee To Extend February 15, 2025 Deadline For Trustee To File Avoidance Actions* (ECF No. 4004, the "Third Extension Motion").

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STATEMENT OF ISSUES ON APPEAL
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1. Did the Bankruptcy Court have constitutional authority to enter a final judgment and order concerning the Third Extension Motion?

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1 The Debtors in these chapter 11 cases are Ho Wan Kwok (last four digits of tax identification number: 9595) (the "Debtor"), 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).

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2. Did the Bankruptcy Court have statutory authority to prospectively modify the statute of limitations set forth in Bankruptcy Code §§ 546(a) and 549(d) under Rule 9006 of the Federal Rules of Bankruptcy Procedure?

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3. Assuming arguendo that the Bankruptcy Court had statutory authority to prospectively modify the statute of limitations set forth in Bankruptcy Code § 546(a) and 549(d) under Rule 9006 of the Federal Rules of Bankruptcy Procedure, did the Trustee demonstrate "good cause" to do so? DESIGNATION OF RECORD AND TRANSCRIPT ON APPEAL

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G Club Operations hereby designates the following items to be included in the record on appeal, which includes any and all exhibits, documents, supplements, and addenda attached thereto and filed therewith and all documents incorporated by reference therein:

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Item No.　Docket
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Entry Date Docket Entry/Description Docket Number

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1 11/28/2023 Notice of Filing Status Conference

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Presentation　2387 Filed in Case No. 22-50073
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2 1/18/2024 Motion for Order / Motion for Entry

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of Order Extending Deadline for Trustee to File Avoidance Actions Under Bankruptcy Code Sections 108, 546(a), and 549　2509 Filed in Case No. 22-50073
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3 1/31/2024 Notice of / Omnibus Notice of

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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 Notice of Trustee's Forthcoming Tolling Motion and (II) Scheduling Hearing　2540 Filed in Case No. 22-50073
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4 2/5/2024 Objection to Trustee's Motion for

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Entry of Order Extending Deadline for Trustee to File Avoidance　2551 Filed in Case No. 22-50073
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Item No.　Docket
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Entry Date Docket Entry/Description Docket Number

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Actions – Mei Gui
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5 2/5/2024 Objection (Non-Party Defeng Caos

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Memorandum of Law in Opposition to Motion for Entry of Order Extending Deadline For Trustee To File Avoidance Actions) - Defeng Cao　2553 Filed in Case No. 22-50073 6　2/5/2024　Objection TO THE CHAPTER 11 TRUSTEES MOTION FOR ENTRY OF AN ORDER EXTENDING DEADLINE FOR TRUSTEE TO FILE AVOIDANCE ACTIONS UNDER BANKRUPTCY CODE SECTIONS 108, 546(a), AND 549 - Taurus Fund LLC　2557 Filed in Case No. 22-50073
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7 2/5/2024 Objection and Memorandum of Law

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in Opposition Filed - G Club　2563 Filed in Case No. 22-50073
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8 2/5/2024 Objection of Non-Parties Rule of

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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 - Rule of Law Society IV, Inc.　2565 Filed in Case No. 22-50073 9　2/5/2024　Objection - Objections of Third Parties Crhis [sic] Lee and Quidong Xia 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　2566 Filed in Case No. 22-50073
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10 2/5/2024 Objection to Trustee's Motion for

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Entry of an Order Extending Deadline for Trustee to File Avoidance Actions - Greenwich Land, LLC, Hing Chi　2569 Filed in Case No. 22-50073
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Item Docket Docket Entry/Description Docket Number

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No.　Entry Date
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11 2/5/2024 Objection Filed by Robert J. Grand

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on behalf of GS Security Solutions, Inc.　2571 Filed in Case No. 22-50073
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12 2/7/2024 Objection and Joinder to Trustee's

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Motion to Extend Deadline to File Avoidance Actions - Yinying Wang Interested Party　2582 Filed in Case No. 22-50073
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13 2/9/2024 Reply to (related document(s): 2509

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Motion for Order / Motion for Entry of Order Extending Deadline for Trustee to File Avoidance Actions Under Bankruptcy Code Sections 108, 546(a), and 549 Filed by Douglass E. Barron on behalf of Luc A. Despins, Chapter 11 Trustee filed
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by Chapter 11 Trustee Luc A.

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Despins)/ 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 – Trustee　2620 Filed in Case No. 22-50073
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14 2/12/2024 Trustee's Witness and Exhibit Lists

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in Connection with February 13, 2024 Hearing on Trustee's Motion for Entry of Order Extending Deadline for Trustee to File Avoidance Actions Under Bankruptcy Code Sections 108, 546(a), and 549　2763 Filed in Case No. 22-50073
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15 2/13/2024 Hearing on Extension Motion and All Exhibits Proffered by any Party 2827

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Filed in Case No. 22-50073
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16 2/15/2024 Memorandum of Decision 2921

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Filed in Case No. 22-50073 17　Transcript – Hearing on Extension Motion　N/A
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18 2/28/2024 G Club Notice of Appeal 2969

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Item Docket Docket Entry/Description Docket Number

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No. Entry Date Filed in Case No. 22-50073 19 2/28/2024 Transmittal of Notice of Appeal to

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U.S. District Court. Interested Party G Club Operations, LLC, docketed the Notice of Appeal　2970 Filed in Case No. 22-50073
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20 7/19/2024 Motion to Extend Time to Extend

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Deadline to File Avoidance Actions (First Supplemental Motion) to
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02/15/2025 Filed by Patrick R.

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Linsey on behalf of Luc A. Despins, Chapter 11 Trustee　3329 Filed in Case No. 22-50073 21　8/6/2024　G Club Operations, LLC's Objection and Memorandum of Law in Opposition to First Supplemental Motion of Chapter 11 Trustee to Extend August 15, 2024 Deadline for Trustee to File Avoidance Actions　3374 Filed in Case No. 22-50073
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22 8/6/2024 Objection to the Chapter 11

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Trustee's First Supplemental Motion of Chapter 11 Trustee to Extend August 15, 2024 Deadline for Trustee to File Avoidance Actions (ECF 3329)
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Filed by Christopher J.

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Major on behalf of Hing Chi Ngok Interested Party　3373 Filed in Case No. 22-50073
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23 8/6/2024 Notice of Filing of Meta Platforms,

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Inc.'s Objection to Extension of Deadline to File Avoidance Actions filed by George Peter Angelich on
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behalf of Meta Platforms, Inc.

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Interested Party　3375 Filed in Case No. 22-50073
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24 8/6/2024 Notice of Filing of Apple Inc.'s

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Objection to Extension of Deadline　3376 Filed in Case No. 22-50073
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Item No.　Docket
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Entry Date Docket Entry/Description Docket Number

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to File Avoidance actions filed by George Peter Angelich on behalf of Apple Inc. Interested Party
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25 8/7/2024 Notice of Filing Objections to First

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Supplemental Motion of Chapter 11 Trustee to Extend August 15, 2024 Deadline for Trustee to File Avoidance Actions in Pending Adversary Proceedings filed by Jeffrey M. Sklarz on behalf of Pillsbury Winthrop Shaw Pittman LLP, Weddle Law PLLC　3379 Filed in Case No. 22-50073
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26 8/9/2024 Omnibus Reply of Chapter 11

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Trustee (I) In Support of First Supplemental Motion of Chapter 11 Trustee to Extend August 15, 2024 Deadline for Trustee to File Avoidance Actions and (II) in Response to Objections Thereto　3391 Filed in Case No. 22-50073
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27 8/13/2024 Trustee's Witness and Exhibit Lists

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in Connection with August 13, 2024 Hearing on Trustee's First Supplemental Motion to Extend August 15, 2024 Deadline for Trustee to File Avoidance Actions Filed by Patrick R. Linsey on behalf of Luc A. Despins, Chapter 11 Trustee　3395 Filed in Case No. 22-50073
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28 8/14/2024 Order Granting Second Motion for

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Extension of Deadline for Trustee to File Avoidance Actions　3417 Filed in Case No. 22-50073 29　Transcript of Hearing Held 8/13/2024 on Motion to Extend Time to Extend Deadline to File Avoidance Actions (First Supplemental Motion) to　N/A Ordered in Case No. 22-50073
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Item No.　Docket
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Entry Date Docket Entry/Description Docket Number

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02/15/2025 Filed by Patrick R.

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Linsey on behalf of Luc A. Despins, Chapter 11 Trustee
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30 8/27/2024 Notice of Appeal to District Court

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filed by Kellianne Baranowsky on behalf of G Club Operations LLC　3458 Filed in Case No. 22-50073
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31 8/28/2024 Transmittal of Notice to U.S.

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District Court for the District of Connecticut Regarding Appeals and Appellate Documents　3469 Filed in Case No. 22-50073
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32 7/22/2024 Notice of Filing Motion of Chapter

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11 Trustee to Extend August 15, 2024 Deadline For Trustee to File Avoidance Actions Filed by Patrick
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R. Linsey on behalf of Luc A.

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Despins, Chapter 11 Trustee　22
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Filed in Adv. Pro. No.

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24-05014 (Luc A. Despins, Chapter 11 Trustee v. Pillsbury Winthrop Shaw Pittman LLP)
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33 8/6/2024 Pillsbury Winthrop Shaw Pittman

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LLP's Objection and Memorandum of Law in Opposition to First Supplemental Motion of Chapter 11 Trustee to Extend August 15, 2024 Deadline for Trustee to File Avoidance Actions　24 Filed in Adv. Pro. No. 24-05014 (Luc A. Despins, Chapter 11 Trustee v. Pillsbury Winthrop Shaw Pittman LLP)
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34 7/22/2024 Notice of Filing Motion of Chapter

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11 Trustee to Extend August 15, 2024 Deadline For Trustee to File Avoidance Actions Filed by Patrick
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R. Linsey on behalf of Luc A.

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Despins, Chapter 11 Trustee　10 Filed in Adv. Pro. No. 24-05056 ( Luc A. Despins, Chapter 11 Trustee v. FFP (BVI) Limited)
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35 8/6/2024 FFP (BVI) Limited's Objection and

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Memorandum of Law in Opposition to First Supplemental Motion of Chapter 11 Trustee to Extend August 15, 2024 Deadline for Trustee to File Avoidance Actions　16 Filed in Adv. Pro. No. 24-05056 ( Luc A. Despins, Chapter 11 Trustee v. FFP (BVI) Limited)
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Item No.　Docket
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Entry Date Docket Entry/Description Docket Number

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36 7/22/2024 Notice of Filing Motion of Chapter

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11 Trustee to Extend August 15, 2024 Deadline For Trustee to File Avoidance Actions Filed by Patrick
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R. Linsey on behalf of Luc A.

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Despins, Chapter 11 Trustee　10 Filed in Adv. Pro. No. 24-05012 ( Luc A. Despins, Chapter 11 Trustee v. Ogier)
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37 8/6/2024 Ogier's Objection and Memorandum

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of Law in Opposition to First Supplemental Motion of Chapter 11 Trustee to Extend August 15, 2024 Deadline for Trustee to File Avoidance Actions　18 Filed in Adv. Pro. No. 24-05012 ( Luc A. Despins, Chapter 11 Trustee v. Ogier )
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38 7/22/2024 Notice of Filing Motion of Chapter

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11 Trustee to Extend August 15, 2024 Deadline For Trustee to File Avoidance Actions Filed by Patrick
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R. Linsey on behalf of Luc A.

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Despins, Chapter 11 Trustee　25 Filed in Adv. Pro. No. 24-05188 ( Luc A. Despins, Chapter 11 Trustee v. Weddle Law PPLC)
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39 8/6/2024 Weddle Law PLLC's Objection and

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Memorandum of Law in Opposition to First Supplemental Motion of Chapter 11 Trustee to Extend August 15, 2024 Deadline for Trustee to File Avoidance Actions　29 Filed in Adv. Pro. No. 24-05188 (Luc A. Despins, Chapter 11 Trustee v. Weddle Law PPLC)
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40 1/24/2025 Motion to Extend Time to Assert

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Claims Subject to Time Limitations Under Sections 108, 546, and 549 of Bankruptcy Code to 8/15/2025 (Second Supplemental Motion) Filed by Patrick R. Linsey on behalf of Luc A. Despins, Chapter 11 Trustee　4004 Filed in Case No. 22-50073 41　1/27/2025　Notice of Hearing Issued
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Re:

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Second Supplemental Motion　4009 Filed in Case No. 22-50073
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42 2/7/2025 Objection and Memorandum of Law

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in Opposition to Second Supplemental Motion of Chapter 11　4034 Filed in Case No. 22-50073
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Item Docket Docket Entry/Description Docket Number

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No.　Entry Date Trustee to Extend February 15. 2025 Deadline for Trustee to File Avoidance Actions Filed by Jeffrey M. Sklarz on behalf of G Club Operations, LLC Interested Party 43　2/7/2025　Objection 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 Filed by Ronald Ian Chorches on behalf of American　4035 Filed in Case No. 22-50073
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44 2/7/2025 Express Company, Inc. Creditor

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Objection - NOTICE OF JOINDER IN OBJECTIONS TO MOTION TO EXTEND THE FEBRUARY 15, 2025, DEADLINE FOR TRUSTEE TO FILE AVOIDANCE ACTIONS Filed by Michael T. Conway on behalf of Himalaya International Financial Group Limited, Himalaya International Clearing Ltd., Himalaya Currency Clearing Pty Ltd, Hamilton Digital Assets Fund SP, Hamilton PE Fund SP, Hamilton Opportunity Fund SPC, Gettr USA, Inc., ACA Capital Group Ltd., Taurus Fund LLC　4039 Filed in Case No. 22-50073
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45 2/7/2025 Notice of Filing of Apple Inc. Objection

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to Second Supplemental Motion of Chapter 11 Trustee to Extend February 15, 2025 Deadline for Trustee to File Avoidance Actions Filed by George
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Peter Angelich on behalf of Apple Inc.

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Interested Party　4040 Filed in Case No. 22-50073
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46 2/7/2025 Objection Notice of Joinder in

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Objections to Trustee's Motion to Extend February 15, 2025 Deadline for Trustee to File Avoidance Actions Filed by Brian T. Peterson on behalf of Amazon Web Services, Inc., Amazon.com, Inc.　4041 Filed in Case No. 22-50073
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47 2/7/2025 Notice of Filing of Meta Platforms Inc.

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Objection to Second Supplemental Motion of Chapter 11 Trustee to Extend February 15, 2025 Deadline for Trustee to File Avoidance Actions Filed by George Peter Angelich on behalf of
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Meta Platforms, Inc. Interested Party 4042

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Filed in Case No. 22-50073
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Item Docket Docket Entry/Description Docket Number

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No.　Entry Date
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48 2/7/2025 Objection to 2nd Supp. Mtn. to Extend

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Deadline to File Avoidance Actions
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Filed by Eric Seltzer on behalf of Miller

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Motorcars Inc. Interested Party　4044 Filed in Case No. 22-50073
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49 2/10/2025 Trustee's Witness and Exhibit Lists

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in Connection with February 11,
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Hearing on Trustee's Second Supplemental Motion to Extend February 15, 2025 Deadline for Trustee to File Avoidance Actions　4046 Filed in Case No. 22-50073 50　Transcript of Hearing Held 2/11/2025 on Second Supplemental Motion to Extend Time to Assert Claims Subject to Time Limitations Under Sections 108, 546, and 549 of Bankruptcy Code　N/A Ordered in Case No. 22-50073
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51 2/14/2025 Order Granting In Part Third Motion for

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Extension of Deadline for Trustee to File Avoidance Actions　4106 Filed in Case No. 22-50073
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52 2/20/2025 Notice of Appeal to District Court

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filed by Michelle Antao on behalf of G Club Operations LLC　4127 Filed in Case No. 22-50073
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53 2/20/2025 Transmittal of Notice to U.S.

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District Court for the District of Connecticut Regarding Appeals and Appellate Documents　4132 Filed in Case No. 22-50073
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54 2/21/2025 Notice and Acknowledgement of

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Docketing Notice of Appeal to District Court　4132 Filed in Case No. 22-50073
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55 1/29/2025 Notice of Filing Motion to Extend

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Deadline to File Avoidance Actions and Notice of Hearing Filed by Patrick R. Linsey on behalf of Luc A. Despins Plaintiff　33 Filed in Adv. Pro. No. 24-05056 (Despins v. FFP (BVI) Limited)
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56 2/7/2025 FFP (BVI) Limited's Objection and

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Memorandum of Law in Opposition to Second Supplemental Motion of Trustee to Extend February 15, 2025 Deadline for Trustee to File Avoidance Actions　36 Filed in Adv. Pro. No. 24-05056 (Despins v. FFP (BVI) Limited)
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Item Docket Docket Entry/Description Docket Number

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No.　Entry Date
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57 1/29/2025 Notice of Filing Motion to Extend

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Deadline to File Avoidance Actions and Notice of Hearing Filed by Patrick R. Linsey on behalf of Luc A. Despins Plaintiff　22 Filed in Adv. Pro. No. 24-05012 (Despins v. Ogier)
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58 2/7/2025 Ogier's Objection and Memorandum of

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Law in Opposition to Second Supplemental Motion of Trustee to Extend February 15, 2025 Deadline for Trustee to File Avoidance Actions　23 Filed in Adv. Pro. No. 24-05012 (Despins v. Ogier)
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59 1/29/2025 Notice of Filing Motion to Extend

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Deadline to File Avoidance Actions and Notice of Hearing Filed by Patrick R. Linsey on behalf of Luc A. Despins Plaintiff　51 Filed in Adv. Pro. No. 24-05188 (Despins v. Weddle Law PLLC)
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60 2/7/2025 Weddle Law PLLC's Objection and

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Memorandum of Law in Opposition to Second Supplemental Motion of Trustee to Extend February 15, 2025 Deadline for Trustee to File Avoidance Actions　52 Filed in Adv. Pro. No. 24-05188 (Despins v. Weddle Law PLLC)
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61 1/29/2024 Notice of Filing Motion to Extend

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Deadline to File Avoidance Actions and
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Notice of Hearing Filed by Patrick R.

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Linsey on behalf of Luc A. Despins Plaintiff　68 Filed in Adv. Pro. No. 24-05060 (Despins v. Apple Inc. et al)
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62 2/7/2025 Objection / Apple Inc. Objection to

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Second Supplemental Motion of Chapter 11 Trustee to Extend February 15, 2025 Deadline for Trustee to File Avoidance Actions Filed by George
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Peter Angelich on behalf of Apple Inc.

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Defendant　69 Filed in Adv. Pro. No. 24-05060 (Despins v. Apple Inc. et al)
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63 1/29/2025 Notice of Filing Motion to Extend

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Deadline to File Avoidance Actions and
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Notice of Hearing Filed by Patrick R.

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Linsey on behalf of Luc A. Despins Plaintiff　43 Filed in Adv. Pro. No. 24-05117 (Despins v. Meta Platforms Inc.)
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64 2/7/2025 Objection / Meta Platforms Inc.

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Objection to Second Supplemental Motion of Chapter 11 Trustee to Extend February 15, 2025 Deadline for Trustee to File Avoidance Actions Filed by George Peter Angelich on behalf of Meta Platforms Inc. Defendant　44 Filed in Adv. Pro. No. 24-05117 (Despins v. Meta Platforms Inc.) CERTIFICATION REGARDING TRANSCRIPTS
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Pursuant to Rule 8009(b)(1) of the Federal Rules of Bankruptcy Procedure, G Club Operations hereby certifies that all relevant transcripts have been ordered and are listed in the above designation of the record.

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RESERVATION OF RIGHTS
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G Club Operations expressly reserves its right to supplement this designation.

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Dated: March 6, 2025 G CLUB OPERATIONS LLC
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By: /s/ Michelle A. Antao GREEN & SKLARZ LLC Jeffrey M. Sklarz (ct20938) Kellianne Baranowsky (ct26684) Michelle A. Antao (ct31715) One Audubon St, 3rd Floor New Haven, CT 06511 Tel: 203-285-8545 jsklarz@gs-lawfirm.com kbaranowsky@gs-lawfirm.com mantao@gs-lawfirm.com

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CERTIFICATE OF SERVICE
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I hereby certify that on the date set forth below, a copy of the foregoing was served via CM/ECF. Parties may access this filing through the Court's CM/ECF system.

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Date: March 6, 2025 /s/ Michelle A. Antao

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