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Seaview bankruptcy: January 7, 2026 dismissal order and memorandum, ECF 50

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Case 25-23251-MEH Doc 50 Filed 01/07/26 Entered 01/07/26 15:54:27 Desc Main Document Page 6 of 12 In re Seaview Apartments LLC Case No. 25-23251 (MEH) faith: (1) whether the petition serves a valid bankruptcy purpose, e.g., by preserving a going concern or maximizing the value of the debtor’s estate, and (2) whether the petition is filed merely to obtain a tactical litigation advantage.” In re Integrated Telecom Express, 384 F.3d at 119-20 (3d Cir. 2004) (citing In re SGL Carbon, 200 F.3d at 165). Courts also consider whether other evidence establishes the good faith of a debtor’s petition, including reviewing whether the case evidences: (a) Single asset case; (b) Few unsecured creditors; (c) No ongoing business or employees; (d) Petition filed on eve of foreclosure; (e) Two party dispute which can be resolved in pending state court action; (f) No cash or income; (g) No pressure from non-moving creditors; (h) Previous bankruptcy petition; (i) Prepetition conduct was improper; (j) No possibility of reorganization; (k) Debtor formed immediately prepetition; (l) Debtor filed solely to create automatic stay; and (m) Subjective intent of the debtor. In re Primestone Inv. Partners L.P., 272 B.R. 554, 557 (D. Del. 2002); see also In re SGL Carbon Corp., 200 F.3d at 165. B. Debtor’s Chapter 11 Petition Must Be Dismissed for Lack of Good Faith In this case, application of the Third Circuit’s two inquiries relevant to the question of the Debtor’s good faith compels this Court to dismiss the Debtor’s bankruptcy petition. See In re 15375 Mem’l Corp., 589 F.3d at 619. The Debtor filed its petition as a single asset real estate case, with the Debtor’s sole asset being the Property previously described above as Seaview Loft Apartments, also known as Oceanside Tower, located at 2 28th Street, Newport News, Virginia. The Property has fallen into such disrepair and an unhabitable state that it was condemned twice, forcing the tenants to leave behind personal property and be rehoused elsewhere. The Property is presently under the control of the Receiver appointed in the underlying receivership proceeding in the Circuit Court, and the Receiver is scheduled to close on the sale of the Property for $9,050,000.00 on January 8, 2026. Critically, the closing will resolve a settlement between the Property’s former tenants and Page 6 of 12
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