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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 4 of 5
c. The Tenants as primary unsecured creditors, with claims far exceeding any
Property equity, alongside scheduled debts primarily arising from landlord-tenant
obligations—not fully disclosed as such.
d. Mr. Weinstein’s deposition testimony (October 27, 2025, excerpts in Exhibit A to
Declaration) confirming the Debtor as a non-operational “shell entity” with no assets
beyond paper title to the Property, informal funding/withdrawals, and no independent
business.
e. The “11th-hour” filing’s timing, post-Tenant-Bank settlement and amid receiver
sale, suggesting delay tactics to shield Mr. Weinstein personally (who holds assets and is
not bankrupt).
These omissions mislead as to the case’s context, creditor dynamics, and feasibility.
III. PREVIEW OF INTENT TO FILE MOTION TO DISMISS FOR BAD FAITH
7. The Tenants are contemporaneously filing a motion under 11 U.S.C. § 1112(b) to
dismiss this case for cause, including bad faith. See Santa Fe Minerals, Inc. v. Bepco, L.P. (In re
15375 Memorial Corp.), 589 F.3d 605, 618 (3d Cir. 2009) (quoting In re Integrated Telecom
Express, Inc., 384 F.3d 108, 118 (3d Cir. 2004)); see also In re SGL Carbon Corp., 200 F.3d
154, 159-62 (3d Cir. 1999).
8. Grounds that the Seaview Tenants intend to cite include:
a. Improper Venue: No nexus to New Jersey under 28 U.S.C. § 1408—all ties
(domicile, assets, litigation) are Virginia-based, indicating forum shopping. See 14
U.S.C. § 1406(a); Fed.R.Bankr.P. 1014(a)(2).
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