Despins, Luc A., Chapter 11 Trustee v. Guo

CourtUnited States Bankruptcy Court, D. Connecticut
DecidedJuly 31, 2025
Docket23-05008
StatusUnknown

This text of Despins, Luc A., Chapter 11 Trustee v. Guo (Despins, Luc A., Chapter 11 Trustee v. Guo) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, D. Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Despins, Luc A., Chapter 11 Trustee v. Guo, (Conn. 2025).

Opinion

UNITED STATES BANKRUPTCY COURT DISTRICT OF CONNECTICUT

) In re: ) Chapter 11 ) HO WAN KWOK, et al., ) Case No. 22-50073 (JAM) ) Debtors. ) (Jointly Administered) ) ) LUC A. DESPINS, CHAPTER 11 TRUSTEE FOR THE ) Adv. P. No. 23-05008 (JAM) ESTATE OF HO WAN KWOK, ) ) Re: ECF No. 140 Plaintiff, ) ) v. ) ) MEI GUO, ) ) Defendant. ) )

APPEARANCES

Douglass Barron Patrick R. Linsey Paul Hastings LLP Neubert, Pepe & Montieth 200 Park Avenue 195 Church Street, 13th Floor New York, NY 10166 New Haven, CT 06510

and

Nicholas A. Bassett (argued) Paul Hastings LLP 2050 M Street NW Washington, D.C. 20036

Counsel for Mr. Luc A. Despins, Chapter 11 Trustee for the Estate of Mr. Ho Wan Kwok

Eric A. Henzy (argued) James M. Moriarty Zeisler & Zeisler, P.C. 10 Middle Street, 15th Floor Bridgeport, CT 06604

Counsel for Ms. Mei Guo MEMORANDUM OF DECISION AND ORDER GRANTING MOTION TO HOLD MEI GUO IN CONTEMPT OF PRELIMINARY INJUNCTION

Julie A. Manning, United States Bankruptcy Judge

I. INTRODUCTION Before the Court is the motion (the “Contempt Motion”) filed by the plaintiff, Mr. Luc A. Despins, in his capacity as Chapter 11 trustee (the “Trustee”) for the bankruptcy estate of Mr. Ho Wan Kwok, to enforce the consented to in part preliminary injunction (the “Preliminary Injunction”) and hold the defendant, Ms. Mei Guo, in contempt of the Preliminary Injunction. This memorandum of decision sets forth the Court’s findings of fact and conclusions of law. Fed. R. Bankr. P. 7052. For the reasons set forth below, the Contempt Motion is GRANTED. II. BACKGROUND On February 15, 2022, the Individual Debtor filed a voluntary Chapter 11 petition in this Court. (Main Case ECF No. 1.)1 On June 15, 2022, presented with allegations related to the Individual Debtor’s financial mismanagement and an alleged shell game involving numerous corporate alter egos, the Court entered a memorandum of decision and order appointing a Chapter 11 trustee to administer the Individual Debtor’s bankruptcy estate. (Main Case ECF No. 465.) In re Kwok, 640 B.R. 514 (Bankr. D. Conn. 2022). On July 8, 2022, Mr. Despins was appointed as the Trustee. (Main Case ECF No. 523.) On May 16, 2023, the Trustee filed the Complaint initiating this adversary proceeding. (ECF No. 1.) The Complaint states four claims for relief against Ms. Guo: (i) The first claim (Complaint ¶¶ 48–52) seeks declaratory judgment that (i) pursuant to section 541(a) of title 11 of the United States Code (the “Bankruptcy Code”), a Bombardier Global XRS private jet with serial number 9189 (the “Bombardier”),

1 References to the docket in this adversary proceeding will be styled “ECF No. __”. References to the docket in the main case, In re Kwok, Case No. 22-50073 (JAM), will be styled “Main Case ECF No. __”. formerly indirectly owned by Ms. Guo, was property of the estate because it was beneficially owned by the Individual Debtor as of the filing of his bankruptcy petition and at the time of its post-petition sale; and (ii) pursuant to section 541(a)(6) the proceeds of the sale of the Bombardier (the “Bombardier Proceeds”) are property of the estate. On these bases, pursuant to sections 542 and 544 of the Bankruptcy Code, the first claim seeks turnover of the Bombardier Proceeds to the estate via delivery to the Trustee.

(ii) The second claim (Complaint ¶¶ 53–56) seeks, in the alternative to the first claim and pursuant to sections 549 and 550 of the Bankruptcy Code, avoidance of a post- petition transfer of the Bombardier Proceeds from the Individual Debtor to Ms. Guo and recovery of the value thereof from Ms. Guo.

(iii) The third claim (Complaint ¶¶ 57–66) seeks, in the alternative to the first and second claims and pursuant to sections 544 and 550 of the Bankruptcy Code and former section 276 of the New York Debtor and Creditor Law (repealed effective April 4, 2020), the value of Anton Development Limited (“Anton Development”), a former owner of the Bombardier, at the time of its transfer from Mr. Han Chunguang to Ms. Guo on the basis of fraudulent transfer and recovery thereof from Ms. Guo.

(iv) The fourth claim (Complaint ¶¶ 69–74) seeks declaratory judgment that pursuant to section 541(a) of the Bankruptcy Code, several British Virgin Islands (“BVI”) entities owned by Ms. Guo, namely, Whitecroft Shore Limited (“Whitecroft”), Allied Capital Global Limited, Creative Apex Investments Limited, Crystal Breeze Investments Limited, Elite Well Global Limited, Globalist International Limited, Infinite Increase Limited, Infinitum Developments Limited, Noble Fame Global Limited, and Rosy Acme Ventures Limited (each a “BVI Entity,” and together, collectively, the “BVI Entities”) are beneficially owned by the Individual Debtor. On this basis, pursuant to sections 542 and 544 of the Bankruptcy Code, the fourth claim seeks turnover of the BVI Entities to the estate via delivery to the Trustee.

On June 30, 2023, Ms. Guo filed an answer to the Complaint and asserted affirmative defenses. (ECF No. 21.) The Court has entered partial summary judgment against Ms. Guo, (i) ruling the Individual Debtor beneficially owned the Bombardier and Whitecroft and, hence, the Bombardier Proceeds and Whitecroft are property of his bankruptcy estate which must be delivered to the Trustee; and (ii) narrowing the issues for trial on the third claim and remainder of the fourth claim. (ECF No. 126.) The United States District Court for the District of Connecticut has affirmed this decision as it relates to the first and fourth claims. Guo v. Despins (In re Kwok), Civil No. 3:24-CV-724 (KAD), 2025 WL 252855 (D. Conn. Jan. 21, 2025), ECF No. 24. The District Court decision is presently on appeal at the United States Court of Appeals for the Second Circuit. Guo v. Despins (In re Kwok), No. 25-405 (2d Cir. July 28, 2025). On December 21, 2023, the Court entered the Preliminary Injunction. (ECF No. 81.) At the time of its entry, Ms. Guo consented to its terms other than the requirement – not at issue

presently – that certain funds held overseas be transferred to an escrow agent in the United States. (See ECF Nos. 79–80.) In pertinent part, the Preliminary Injunction states: ORDERED: The Defendant and JNFX shall not transfer, encumber, move, dispose of, or in any way impair the Defendant’s interest in any property or assets wherever located, and whether directly or indirectly held, up to the aggregate amount of $25 million, including, without limitation, the Bombardier Proceeds and/or the JNFX Assets held by or for the benefit of the Defendant or Whitecroft at JNFX until further order of the Court except as ordered below; and it is further . . .

ORDERED: Unless the parties agree in writing otherwise, no assets subject to this Order, including, without limitation, the JNFX Assets, shall be reduced, spent, or otherwise diminished without further order of the Court, including, without limitation, by the assessment of fees, costs, or other charges . . ..2

(ECF No. 81.)

On December 20, 2024, the Trustee filed the Contempt Motion. (ECF No. 140.) On January 3, 2025, the Court issued an order for Ms. Guo to appear and show cause why she should not be held in contempt of court. (ECF No. 141.) On January 16, 2025, Ms. Guo filed an objection to the Contempt Motion. (ECF No. 142.) On March 21, 20253, the Trustee filed a reply in support of the Contempt Motion. (ECF No. 151.) This matter is fully briefed.

2 The Trustee and Ms. Guo submitted proposed orders in connection with the Trustee’s motion for injunctive relief. (ECF Nos. 79–80.) Ms. Guo’s proposed order was less favorable to her in that it did not provide that in addition to a Court order, Ms. Guo could dispose of assets with written permission of the Trustee. (See ECF No.

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Despins, Luc A., Chapter 11 Trustee v. Guo, Counsel Stack Legal Research, https://law.counselstack.com/opinion/despins-luc-a-chapter-11-trustee-v-guo-ctb-2025.