Miles Guo Court Documents · Doc 131

摘要

Defense Memorandum · Bankruptcy Stay Motion

This 36-page filing, dated August 30, 2023 from Mr. Kwok's defense team at Pryor Cashman LLP, is the memorandum of law in support of Defendant Ho Wan Kwok's motion for an order and writ staying the Chapter 11 bankruptcy cases in United States v. Ho Wan Kwok, 1:23-CR-118-1 (AT). Filed partially under seal.

Defense's Arguments

The 36-page memorandum advances detailed arguments for staying the bankruptcy proceedings:

• The substantial overlap between the bankruptcy and criminal proceedings creates the risk of prejudicing Mr. Kwok's criminal defense;
• The Trustee's bankruptcy actions effectively conduct parallel civil litigation against Mr. Kwok on substantially overlapping facts;
• Equitable considerations favor staying the bankruptcy proceedings pending resolution of the criminal case;
• The bankruptcy court's jurisdiction does not foreclose the criminal court's authority to stay parallel proceedings that prejudice the criminal defense.