Federal Judge Expresses Concerns Over Leland House Tenants' Exclusion from Bankruptcy Proceedings
A US Bankruptcy Judge, Maria Oxholm, has raised serious concerns about whether the displaced tenants of Detroit's historic Leland House were given proper notice or a meaningful opportunity to participate in court proceedings that affect their homes and belongings.
During a hearing on Wednesday, Oxholm adjourned the matter, citing her lack of preparation and noting that she had concerns about the tenants' exclusion from the case. The judge set the matter for further proceedings on February 24.
The Leland House Tenants Union has been arguing that the tenants were not provided with adequate notice or an opportunity to participate in court proceedings. Patrick Foley, an attorney representing the tenants, claimed that there were fundamental notice and due process failures. He pointed out that an earlier December order authorized bankruptcy funds for repairs and utility stabilization, but a subsequent January 13 order redirected those funds towards removing residents' belongings without their consent.
Oxholm expressed concerns about the lack of notice to tenants and their exclusion from the proceedings. She also directed Foley to meet with the owner, the city, DTE Energy, and other parties to attempt to reach a resolution before the case returns to court on February 24.
The Leland House filed for Chapter 11 bankruptcy in November 2023, more than two years after the death of its longtime owner. Tenants were forced out of the building in December after an electrical equipment failure knocked out power, heat, and elevators. They claimed that they were told at the time that the displacement would be temporary and that they would be able to access their apartments to retrieve their belongings.
However, the tenants remain locked out as the bankruptcy case moves forward. The city of Detroit has taken a hard line during the hearing, characterizing the request as frivolous and arguing that residents cannot be allowed back into the historic building.
The U.S. Trustee also expressed concerns about the lack of financial transparency in the case and how debtor-in-possession funds have been handled and redirected. DTE Energy claimed that partial power could be restored for roughly $70,000, which sparked debate about limited, supervised access for residents.
Luis Ramirez, a representative for the building's ownership, issued a statement on the case, saying that they are working closely with the City of Detroit, the Detroit Fire Department, and the court to establish a safe process that will allow tenants to retrieve their belongings.
A US Bankruptcy Judge, Maria Oxholm, has raised serious concerns about whether the displaced tenants of Detroit's historic Leland House were given proper notice or a meaningful opportunity to participate in court proceedings that affect their homes and belongings.
During a hearing on Wednesday, Oxholm adjourned the matter, citing her lack of preparation and noting that she had concerns about the tenants' exclusion from the case. The judge set the matter for further proceedings on February 24.
The Leland House Tenants Union has been arguing that the tenants were not provided with adequate notice or an opportunity to participate in court proceedings. Patrick Foley, an attorney representing the tenants, claimed that there were fundamental notice and due process failures. He pointed out that an earlier December order authorized bankruptcy funds for repairs and utility stabilization, but a subsequent January 13 order redirected those funds towards removing residents' belongings without their consent.
Oxholm expressed concerns about the lack of notice to tenants and their exclusion from the proceedings. She also directed Foley to meet with the owner, the city, DTE Energy, and other parties to attempt to reach a resolution before the case returns to court on February 24.
The Leland House filed for Chapter 11 bankruptcy in November 2023, more than two years after the death of its longtime owner. Tenants were forced out of the building in December after an electrical equipment failure knocked out power, heat, and elevators. They claimed that they were told at the time that the displacement would be temporary and that they would be able to access their apartments to retrieve their belongings.
However, the tenants remain locked out as the bankruptcy case moves forward. The city of Detroit has taken a hard line during the hearing, characterizing the request as frivolous and arguing that residents cannot be allowed back into the historic building.
The U.S. Trustee also expressed concerns about the lack of financial transparency in the case and how debtor-in-possession funds have been handled and redirected. DTE Energy claimed that partial power could be restored for roughly $70,000, which sparked debate about limited, supervised access for residents.
Luis Ramirez, a representative for the building's ownership, issued a statement on the case, saying that they are working closely with the City of Detroit, the Detroit Fire Department, and the court to establish a safe process that will allow tenants to retrieve their belongings.