real question- if you are +$3000 in other stocks, but then sell here for -$5000 loss, net you would be -$2000. Can you only write off $2000 as a loss, or $3000 since the loss here is greater than $3000?
You can claim a 3000 loss, but you can use losses to offset your gains.
For example, Investor 1 has 10K of gains from 8 stocks, and 10K unrealized loss from BEHL. Selling BEHL today means you will pay zero taxes on your gains (net gain of zero). Buying back in at Jan 6 for roughly the same price means you have realized a benefit from your BEHL investment equal to the taxes you would have paid on your realized gains.
And now you have your old (hopefully) position back.