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Case 25-23251-MEH Doc 47 Filed 01/05/26 Entered 01/05/26 16:34:06 Desc Main
Document Page 2 of 5
PRELIMINARY STATEMENT
1. The Seaview Tenants are former residents of the Debtor’s apartment building in
Newport News, Virginia (the “Property”), displaced due to the Debtor’s failure to maintain the
premises, resulting in condemnation by the City of Newport News. The Tenants hold substantial
claims against the Debtor and its principal, Mr. Weinstein, asserted in Virginia state court
litigation, including for personal injury and statutory violations. These claims, alongside the
Debtor’s $14,748,464.03 secured debt to the Bank (against a $9 million Property valuation),
confirm the estate’s insolvency and lack of equity.
2. The Seaview Tenants join in and support the Bank’s Motion to vacate the
provisions of 11 U.S.C. § 362 for the Property’s sale, as it aligns with their interests in efficient
liquidation. However, to ensure full context for the Court, this filing highlights material facts
omitted by the Debtor and previews the Tenants’ forthcoming motion to dismiss this case, which
lacks good faith and proper venue.
I. JOINDER IN AND SUPPORT FOR THE BANK’S MOTION
3. The Seaview Tenants hereby join in and support the Bank’s Motion seeking relief
from the automatic stay under 11 U.S.C. § 362(d)(1) and (2). to allow the sale of the Property,
the Debtor’s sole asset. See generally, 11 U.S.C. § 362(d)(1) and (2); and In re Heine, No. 21-
1531, 2022 WL 883938, at *2 (3d Cir. Mar. 24, 2022) (quoting In re Myers, 491 F.3d 120, 130
(3d Cir. 2007)) (affirming grant of relief from automatic stay by bankruptcy court).
4. As detailed in the Bank’s Motion and the Declaration, the Property is underwater
and non-operational post-condemnation. The Circuit Court for Newport News, Virginia, Case
No. CL2405300T-00 approved a receiver for the sale on February 11, 2025. (ECF No. 26-10).
The Seaview Tenants, adverse to the Bank, independently investigated the sale process—
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