David R. Ruby, Esquire (VSB No. 22703) 

Chapter 7 Trustee 

ThompsonMcMullan, P.C. 

100 Shockoe Slip, Third Floor 

Richmond, Virginia 23219 

Telephone: (804) 698-6220 

Facsimile: (804) 780-1813 

Email: druby@t-mlaw.com

UNITED STATES BANKRUPTCY COURT 

EASTERN DISTRICT OF VIRGINIA 

Newport News Division 

IN RE: 

Waterfront Lumber Co., Inc. 

 

Debtor. 

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Case No. 17-50911-FJS 

Chapter 7

ORDER AUTHORIZING TRUSTEE TO SELL STOCK 

AND GRANTING RELATED RELIEF 

 This matter comes before the Court on the Trustee’s Motion to Sell Stock and for Related 

Relief and Memorandum of Points and Authorities (the “Motion”) filed with the Court on May 

29, 2022 by David R. Ruby, Chapter 7 trustee (the “Trustee”) for the bankruptcy estate of 

Waterfront Lumber Co., Inc. (the “Estate”). 

The Motion was filed pursuant to §§ 105 and 363(b)(1) of the United States Bankruptcy 

Code (the “Code”), Fed. R. Bankr. P. 2002(a)(2), (c)(1) and (k), 6004(a) and 9014 and Local 

Rules 2002-1, 6004-2 and 9013-1. 

In the Motion, the Trustee requests the Court (i) to authorize the Trustee to sell 2,260 

shares of UNUM Group stock (the “Stock”) owned, held and/or controlled by Waterfront 

Lumber Co., Inc. (the “Debtor”) as of the commencement of the case and constituting valuable 

property of the Estate; (ii) to authorize the Trustee to utilize Computershare, UNUM Group’s 

transfer agent, to sell the Stock; (iii) to authorize the Trustee to take such action as he shall deem 

necessary or appropriate in connection with the Stock and to evidence, give effect to or 

consummate the contemplated transactions, including, but not limited to, the preparation, 

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execution, delivery and issuance of notices, instructions, letters of instruction, directions, transfer 

documents, instruments and agreements, to prepare and submit one or more lost stock affidavits, 

to procure a lost securities surety bond for the benefit of Computershare, to obtain a Medallion 

Signature Guarantee and to pay such reasonable costs, expenses, charges, fees and commissions 

as shall be incurred in connection with the foregoing and (iv) to waive the fourteen (14)-day stay 

otherwise applicable pursuant to Fed. R. Bankr. P. 6004(h). 

Pursuant to Fed. R. Bankr. P. 2002(a)(2), (c)(1) and (k) and 6004(a) and Local Rules 

6004-2 and 9013-1, the Trustee filed the Motion with the Court and served the Motion, together 

with attached exhibits, on the appropriate parties on May 29, 2022. On the same day and 

pursuant the foregoing rules, the Trustee filed with the Court and served on the appropriate 

parties a Notice of Motion and Intent to Sell Estate Property and Notice of Period Within Which 

Objections May be Filed (the “Notice”). The Notice contained all required information and 

notices, including (i) the estimated value and cost of and timetable and means for implementing 

the proposed transactions; (ii) a general description of the property being sold; and (iii) notice of 

the 21-day period within which objections must be filed. The Notice also provided that if no 

objections were filed within the 21-day period, the Court may issue an Order granting the relief 

requested in the Motion without further notice or hearing. 

Section 363(b)(1) of the Code provides that the Court may approve a sale of property of 

the estate other than in the ordinary course of business after notice and a hearing. 

Fed. R. Bankr. P. 2002(a)(2) requires that at least twenty-one (21) days’ notice of a 

proposed sale of property must be served on the Parties. 

The 21-day period within which objections may be filed expired on June 21, 2022, with 

no objections or responses having been filed. 

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No party claims a lien or other interest in the Stock. 

 IT APPEARING THAT the proposed transactions are in the best interests of the Estate 

and the Debtor’s creditors, that the transactions, process and procedures recommended by the 

Trustee are reasonable and that they are based upon the Trustee’s sound business judgment; 

IT APPEARING THAT the proposed sale satisfies the statutory requirements of § 

363(b)(1) of the Code, as well as notice and other requirements of applicable federal and local 

bankruptcy rules, including, but not limited to, Fed. R. Bankr. P. 2002; and 

 UPON DUE CONSIDERATION AND FOR GOOD CAUSE SHOWN; 

THE COURT HEREBY FINDS AND ORDERS AS FOLLOWS: 

1. The Court has jurisdiction over this proceeding pursuant to 28 U.S.C. §§ 157 and 

1334. Venue is appropriate in this Court pursuant to 28 U.S.C. §§ 1408 and 1409. This is a core 

proceeding pursuant to 28 U.S.C. § 157(b)(2)(A), (N) and (O). 

2. Capitalized terms used in this Order that are not otherwise defined in the Order 

shall have the same meanings as ascribed to them in the Motion. 

3. The statutory bases and requirements for the relief requested in the Motion, as 

well as requirements of applicable federal and local bankruptcy rules, have been satisfied. 

4. All required, applicable and appropriate parties have been served with the Motion 

and Notice pursuant to applicable provisions of the Code and federal and local bankruptcy rules, 

such notice is deemed sufficient and no further notice is required. 

5. The Motion is hereby granted and approved. 

6. The Trustee is hereby authorized to sell the Stock and to utilize Computershare to 

sell the Stock. 

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7. The Trustee is hereby authorized to take such action as he shall deem necessary or 

appropriate in connection with the Stock and to evidence, give effect to or consummate the 

contemplated transactions, including, but not limited to, the preparation, execution, delivery and 

issuance of notices, instructions, letters of instruction, directions, transfer documents, 

instruments and agreements, to prepare and submit one or more lost stock affidavits, to procure a 

surety bond for the benefit of Computershare and to obtain a Medallion Signature Guarantee. 

8. The Trustee is hereby authorized to pay from Estate funds such reasonable costs, 

expenses, charges, fees and commissions as shall be incurred in connection with the foregoing. 

9. The fourteen (14)-day stay otherwise applicable pursuant to Fed. R. Bankr. P. 

6004(h) is hereby waived. 

Date: 

Frank J. Santoro, Chief Judge 

United States Bankruptcy Court 

for the Eastern District of Virginia 

Entered on Docket: 

WE ASK FOR THIS: 

 /s/ David R. Ruby 

David R. Ruby, Chapter 7 Trustee 

 

Certificate of Compliance with Local Rule 9022-1 

Pursuant to Local Rule 9022-1(C), I hereby certify that the foregoing Order has been 

served on and/or endorsed by all necessary parties. 

 /s/ David R. Ruby 

 David R. Ruby 

Jun 23 2022 /s/ Frank J Santoro

June 23, 2022

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PARTIES TO RECEIVE COPIES 

Cecelia A. Weschler, Esquire 

Office of the U.S. Trustee 

Room 625, Federal Building 

200 Granby Street 

Norfolk, Virginia 23510 

David R. Ruby, Esquire 

ThompsonMcMullan, P.C. 

100 Shockoe Slip, Third Floor 

Richmond, Virginia 23219 

Kelly M. Barnhart, Esquire 

Roussos & Barnhart, PLC 

500 E. Plume Street, Suite 503 

Norfolk, VA 23510 

Barry I. Strickland, CPA 

Barry Strickland & Company, CPAs 

P O Box 9228 

Richmond, VA 23227 

W. Greer McCreedy, II, Esquire 

The McCreedy Law Group, PLLC 

413 West York Street 

Norfolk, Virginia 23510 

Charles R. Anderson Jr. 

1408 Tartan Lane 

Hampton, VA 23663

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