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those efforts and the purchase price. Debtor’s bankruptcy petition and stated objective to
remarket the Property is no more than a repetition of what was resolved in the Virginia action
with the entry of the Order Approving Sale.
The Court also can decline to exercise jurisdiction over the sale of the Property by
applying the doctrine of Comity and deferring to the Virginia Circuit Court and its Order
Approving Sale. The Court declining jurisdiction now would be appropriate because the
Virginia Receivership Proceeding involved the same parties and issues, and provided a review
and relief as to those issues by way of the Order Approving Sale. See Bass v. DeVink, 336 N.J.
Super. 450, 455-456 (App. Div.), certif. den. 168 N.J. 292 (2001).
B. The Goldwasser Declaration Lacks Candor To The Court Because It Ignores The Order
Approving Sale
The Order Approving Sale establishes and sets forth the Virginia Circuit Court’s review
of FourLeaf’s and the Receiver’s efforts and the merits of the Sale Agreement, with the Court
writing, “Based upon the foregoing, and the allegations of the Sale Motion and the Personal
Property Motion (jointly, the “Motions”), and the evidence proffered and/or introduced at the
hearing on the Motions, the Court finds as follows:” (Emphasis added); among other things:
(a) at paragraph 6. “Paragraph 3(h) of the Receivership Order states that the Receiver is
authorized, with prior approval of the Court and Lender, to sell the Property and other collateral
and execute on the owner’s behalf and necessary documents in connection with any sale.”;
(b) at paragraph 7. “After its appointment, the Receiver engaged Commonwealth
Commercial Partners, LLC to broker the sale of the Property. As stated in more detail in the Sale
Motion, the Property was heavily marketed, and the offer of LBD Holdings LLC was the
Case 25-23251-MEH Doc 18-20 Filed 12/22/25 Entered 12/22/25 20:08:18 Desc
Memorandum of Law Page 11 of 20
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