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highest and best offer received for the Property after the default by a prior prospective
purchaser. The specific terms of LBD Holdings LLC’s offer are provided in the Sale Agreement
which is attached as Exhibit 1 to the Sale Motion.” (Emphasis added);
(c) at paragraph 8, “The terms of the Sale Agreement were negotiated at arm’s length.
The sale of the Property as contemplated by the Sale Agreement is proposed in good faith, the
purchase price is fair and reasonable, and the price was reached after an exhaustive
marketing process. On these bases, the Purchase is a bona fide purchaser for value.” (Emphasis
added);
(d) at paragraph 9, “The sale of the Property as contemplated by the Sale Agreement, is
in the best interest of Seaview, the Lender, and the Property.” (Emphasis added);
(e) at paragraph 10, “All requirements for notice to creditors or claimants have been
satisfied under Va Code §§ 8.01-595 and -596.”; and
(f) at paragraph 12, “Due and sufficient notice of the hearing on the Motions was
provided, as outlined at the hearing on these Motions.” See the Order Approving Sale attached to
the Foushee Declaration at Exhibit “L.”
The Debtor’s bankruptcy petition was filed in bad faith and for the improper purpose of
circumventing or voiding the duly entered Order Approving Sale. In support of Debtor’s
bankruptcy petition, on December 18, 2025, Debtor filed the Declaration Of David Goldwasser
In Support Of The Debtor’s Chapter 11 Petition, Doc 10 (“Goldwasser Declaration”).
The Goldwasser Declaration lacks candor to the Court because it ignores the Order
Approving Sale. Incredibly, the Goldwasser Declaration fails to even reference, let alone
address, the Order Approving Sale, wherein the Court expressly found, among other things, that
Case 25-23251-MEH Doc 18-20 Filed 12/22/25 Entered 12/22/25 20:08:18 Desc
Memorandum of Law Page 12 of 20
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