Concerns Raised Over Leland House Tenants' Treatment in Detroit Bankruptcy Case
A federal bankruptcy judge has expressed serious doubts about the treatment of tenants at Detroit's historic Leland House, who were displaced from their homes during a recent electrical equipment failure. The judge, Maria Oxholm, raised concerns that tenants were not properly notified or included in court proceedings that affect what happens to their belongings.
The Leland House filed for Chapter 11 bankruptcy on November 3, more than two years after its longtime owner, Michael Higgins, passed away. Tenants were told at the time of displacement that it would be temporary and they could access their apartments to retrieve their belongings. However, they have been locked out since then as the bankruptcy case moves forward.
US Bankruptcy Judge Oxholm adjourned a hearing on residents' request to reconsider a court order allowing only moving contractors, rather than tenants, to enter the building to remove personal property. The judge expressed concerns that tenants had not been included in the case and were excluded from key decisions made by the court.
Patrick Foley, an attorney representing residents through the Leland House Tenants Union, argued that there were fundamental notice and due process failures. He claimed that a December order authorized bankruptcy funds for repairs and utility stabilization, but a January order redirected those funds to remove residents' belongings without proper notice or input from tenants.
Foley further disputed claims made by the building's owner, who suggested that some residents had consented to having their belongings removed through informal agreements. The attorney stated that his clients are not aware of any such pacts and none has been presented to them.
The city of Detroit opposed the tenants' motion, characterizing it as frivolous and arguing that residents cannot be allowed back into the historic building. However, a recent decision by Judge Oxholm halted a proposed fast-track auction of the Leland House and an adjacent parking lot, rejecting the owner's attempt to quickly sell the property while multiple disputes over tenant rights remain unresolved.
The US Trustee, a federal watchdog in bankruptcy cases, also expressed concerns about the lack of financial transparency in the case and how debtor-in-possession funds have been handled and redirected. The representative for the building's ownership said they are working closely with the City of Detroit, the court, and residents to establish a safe process that will allow them to retrieve their belongings.
The treatment of Leland House tenants raises questions about the fairness and transparency of the bankruptcy system in Detroit. As the case moves forward, it remains to be seen how Judge Oxholm's concerns will be addressed, and whether tenants will finally receive the justice they deserve for being displaced from their homes without proper notice or input.
A federal bankruptcy judge has expressed serious doubts about the treatment of tenants at Detroit's historic Leland House, who were displaced from their homes during a recent electrical equipment failure. The judge, Maria Oxholm, raised concerns that tenants were not properly notified or included in court proceedings that affect what happens to their belongings.
The Leland House filed for Chapter 11 bankruptcy on November 3, more than two years after its longtime owner, Michael Higgins, passed away. Tenants were told at the time of displacement that it would be temporary and they could access their apartments to retrieve their belongings. However, they have been locked out since then as the bankruptcy case moves forward.
US Bankruptcy Judge Oxholm adjourned a hearing on residents' request to reconsider a court order allowing only moving contractors, rather than tenants, to enter the building to remove personal property. The judge expressed concerns that tenants had not been included in the case and were excluded from key decisions made by the court.
Patrick Foley, an attorney representing residents through the Leland House Tenants Union, argued that there were fundamental notice and due process failures. He claimed that a December order authorized bankruptcy funds for repairs and utility stabilization, but a January order redirected those funds to remove residents' belongings without proper notice or input from tenants.
Foley further disputed claims made by the building's owner, who suggested that some residents had consented to having their belongings removed through informal agreements. The attorney stated that his clients are not aware of any such pacts and none has been presented to them.
The city of Detroit opposed the tenants' motion, characterizing it as frivolous and arguing that residents cannot be allowed back into the historic building. However, a recent decision by Judge Oxholm halted a proposed fast-track auction of the Leland House and an adjacent parking lot, rejecting the owner's attempt to quickly sell the property while multiple disputes over tenant rights remain unresolved.
The US Trustee, a federal watchdog in bankruptcy cases, also expressed concerns about the lack of financial transparency in the case and how debtor-in-possession funds have been handled and redirected. The representative for the building's ownership said they are working closely with the City of Detroit, the court, and residents to establish a safe process that will allow them to retrieve their belongings.
The treatment of Leland House tenants raises questions about the fairness and transparency of the bankruptcy system in Detroit. As the case moves forward, it remains to be seen how Judge Oxholm's concerns will be addressed, and whether tenants will finally receive the justice they deserve for being displaced from their homes without proper notice or input.