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Seaview bankruptcy: tenant response, counsel declaration and deposition excerpts, ECF 47/47-1

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Case 25-23251-MEH Doc 47-1 Filed 01/05/26 Entered 01/05/26 16:34:06 Desc Exhibit 1 - Declaration of Leonard A. Bennett Esq. Page 5 of 30 Seaview building has remained vacant, uninhabitable, and under the control of a court-appointed receiver rather than the owner. 10. I and my law firm, together with a second Virginia law firm and the Virginia Poverty Law Center, represent nearly all of the Seaview Tenants – 94 in total. 11. The tenant lawsuit was filed in the Virginia Circuit Court for the City of Newport News and styled as et al. v. Benjamin Weinstein, Seaview Apartments, LLC, and Bluerise Group, LLC, Case No. CL2202900M-00. Pursuant to an Order entered by the Chief Justic of the Supreme Court of Virginia on September 5, 2024, Hon. Michelle J. Atkins (Ret.) was appointed to preside over the case. The lawsuit has survived motions by the defendants to dismiss it and is now pending in discovery. 12. On August 19, 2025, my law firm received a Notice of Appointment of Receiver and a Motion for Receiver to Sell Property with a hearing initially set for September 15, 2025. 13. Our clients moved to intervene to challenge the receivership sale. Many of our clients had been unable to recover their personal effects and property from the condemned units. 14. We then examined the same process, had direct communications and material exchanges with the lender and the appointed receiver and concluded that the sale was properly noticed (advertised) and negotiated at arms length. We thus reached out to the lender and a three- party mediation was scheduled and held – the Lender, the Debtor and myself (on behalf of the Seaview Tenants). We continued these exchanges after the in-person meeting and ultimately reached an agreement with the Lender. Our clients, the Seaview Tenants stood down from opposing the Sale. 15. On December 3, 2025 all of the Parties here (the Lender, the Seaview Tenants and the Debtor attended a state court hearing in which the Receivership Sale was approved. The Debtor 4 ANN PUBLIC COPY - claimant roster and incidental private names redacted; source pagination retained.
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