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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 9 of 12 In re Seaview Apartments LLC Case No. 25-23251 (MEH) 18:11). The marketing efforts resulted in thirty-nine (39) nondisclosure agreements signed, and seven (7) offers, ultimately leading to a bidding war between the top two offerors. (Id. 18:9-20:6). Mr. Denton testified that the $9.05 million offer was ultimately “the best offer that could be obtained.” (Id. at 20:14-20:20). When the Circuit Court judge allowed parties, including the Debtor, to cross-examine Mr. Denton, the Debtor declined to do so. (Id. 21:20-25, Doc. No. 36). When the Circuit Court judge asked if any party, including the Debtor, had any evidence in response to the Receiver’s evidence, the Debtor simply stated: “Seaview has no evidence, Your Honor.” (Id. 34:21-25). And at the conclusion of the hearing when the Circuit Court judge allowed parties, including the Debtor, the opportunity to raise any final comments or objections to the proposed sale, the Debtor responded only, “Seaview objects. That is our only comment, Judge,” without making any specific objections to the sale or to the receiver’s marketing efforts that the Debtor now raises in its bankruptcy case. (Id. 34:17-20). Unsurprisingly, the Court entered an order approving the sale (the “Sale Order”) over the Debtor’s general and curt objection. (See generally Circuit Court Order, Ex. J to FourLeaf’s Br., Doc. No. 18-11). In so doing, the Circuit Court recognized that the proposed sale was, among other things, heavily marketed, negotiated at arm’s length and proposed in good faith, and in the best interests of the Debtor, FourLeaf, and the Property. (See id.). The Circuit Court also recognized that the proposed sale was “probably the very best that can be done for the tenants, if not, the fairest, and the best thing that can be done for the tenants.” (Hr’g Tr. 38:7-12, Doc. No. 36). If the Debtor had an issue with the Circuit Court’s approval of the sale, including the Receiver’s marketing of the property, such remedy is arguably an appeal of such order within the State Court system, not relitigating the issues here in hopes of receiving a different outcome in Page 9 of 12
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