INDEPENDENT LOCAL NEWSNewport News, Virginia
Back to the record

Document text · Page 14 of 16

Seaview: receiver Edward Denton’s declaration, ECF 18-13

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.

14   72. The Receiver – with the support and approval of FourLeaf – agreed to settle the dispute with Cyclone and sought approval of the Virginia Circuit Court for the settlement. 73. I have attached as Exhibit 6 a true and complete copy of the Receiver’s motion to approve the settlement attached to which is the applicable settlement agreement. 74. Settlement of a dispute like this is in the discretion of the Receiver, subject to approval of the Virginia Circuit Court. With the approval of FourLeaf, the Receiver determined that it was in the receivership’s best interests to resolve the dispute without the delay, cost, and risk of litigation. With the closing of the sale of the Property, the receivership could be wrapped up and terminated. If the Receiver were to litigate the dispute with Cyclone, the receivership would likely continue for months and perhaps longer should either the Receiver or Cyclone appeal an adverse decision. All litigation has risk, and a settlement now without litigation mitigates that risk fully. 75. The Debtor was served with the Receiver’s motion for approval of the Cyclone settlement and the notice of hearing. At no time did the Debtor directly or through its Virginia counsel object to the settlement. The Property Should Remain in the Receivership 76. The Debtor’s CRO suggests that his skills and experience at stabilizing and restructuring distressed real estate projects, his service as a real estate “triage” professional, his experience in bringing competing parties together, implementing restructuring and disposition strategies, etc. somehow is needed here. 77. The Debtor’s CRO says he is familiar with the operations of the Debtor, but there are no operations. The Debtor essentially abandoned the Property which required FourLeaf to take Case 25-23251-MEH Doc 18-13 Filed 12/22/25 Entered 12/22/25 20:08:18 Desc Affidavit Page 14 of 16 ANN public copy | complete ECF 18-13 | combined source PDF 237/478
Jump to an indexed page (16 of 16)

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