Carter's Grove Case to Move to Newport News

By Desiree Parker Saturday, July 09, 2011

A California bankruptcy judge has approved Colonial Williamsburg’s motion to move the Carter’s Grove case to Newport News, and also received a motion to allow Halsey Minor to keep his assets and obligations from public scrutiny.

In March, Colonial Williamsburg petitioned to bring the case to Newport News bankruptcy court, citing five key reasons: proximity to creditors, witnesses to the case who reside in Virginia, the debtor’s only asset is in Virginia, the shift would be more economical, and the case has local concerns. Minor and Sotheby’s argued to keep the case in California.

This week, Judge Thomas Carlson granted CW’s request to change venue. Minor also submitted a motion to seal the list of his material assets and obligations, and allow only those who are immediately involved access to the information.

According to new court documents, Minor intends to share the list to show that he has “the financial wherewithal to fund the proposed payments under the plan.”

He wants to seal the information because it contains confidential financial information, and “public disclosure of such information would adversely affect his various business ventures and ability to negotiate with current and potential counterparties.”

The list would be made available to the three primary creditors in the Carter’s Grove case, which includes Colonial Williamsburg and Sotheby’s, as well as other involved parties, so long as they all agree to sign nondisclosure agreements.

As for the approved change of venue, CW spokesman Jim Bradley said Friday “we are pleased about [the decision]. It keeps us from spending the money to fly several witnesses to California as well as other expenses, and the case belongs here anyway.”

The specific conditions of the change of venue haven’t yet been posted in the case. The next hearing is set for August 1, when the judge will consider Minor’s motion to seal his financial information.