INDEPENDENT LOCAL NEWSNewport News, Virginia
Back to the record

Document text · Page 8 of 20

Seaview: FourLeaf’s adequate-protection memorandum, ECF 18-20

Text from the approved public copy. Page numbers follow the PDF sequence.

Open Source Document

Document page

Page options

This page uses extracted PDF text. Text can misread numbers, dates or table columns. Check the PDF before quoting or interpreting it. Redacted areas remain redacted.

8 8737319.1 C. Order Approving Sale On December 3, 2025, the Virginia Circuit Court entered an Order Approving Amended Motion For Authorization For Receiver To Sell Property And Granting Motion Seeking Authority To Dispose Of Former Tenants’ Personal Property (“Order Approving Sale”). LEGAL ARGUMENT A. FourLeaf And The Receiver Should Be Excused From The Provisions Of 11 U.S.C. §543(a) And (b) Under The Rooker-Feldman Doctrine And The Doctrines Of Res Judicata, Collateral Estoppel And Comity Debtor’s bankruptcy petition, the Goldwasser Declaration and Debtor’s stated objective to re-market the Property for sale together constitute a collateral attack on the Order Approving Sale which is not permitted under the Rooker-Feldman doctrine. See Rooker v. Fidelity Trust Co., 263 U.S. 413, 414–415, 44 S.Ct. 149, 68 L.Ed. 362 (1923); D.C. Court of Appeals v. Feldman, 460 U.S. 462, 476, 103 S.Ct. 1303, 75 L.Ed.2d 206 (1983). In effect, that doctrine prevents lower federal courts from reviewing orders and decisions issued by state courts if, in doing so, that review would result in a reversal or modification of that state court order or decision. In McKitchen v. Brown, the Second Circuit identified four elements that must be satisfied in order for Rooker-Feldman to apply: First, the federal court plaintiff must have lost in state court. Case 25-23251-MEH Doc 18-20 Filed 12/22/25 Entered 12/22/25 20:08:18 Desc Memorandum of Law Page 8 of 20 ANN public copy | complete ECF 18-20 | combined source PDF 463/478
Jump to an indexed page (20 of 20)

Report a privacy or text-extraction issue through Contact & Corrections.