Federal Bankruptcy Judge Maria Oxholm has raised concerns that tenants of the historic Leland House in Detroit were not properly notified or given a chance to participate in the bankruptcy case that affects their homes and belongings.
The court's decision allows moving contractors, but not the tenants themselves, to enter the 22-story building at 400 Bagley Street. However, residents have been locked out since December, when they were forced out due to an electrical equipment failure that knocked out power, heat, and elevators. Tenants had been told that displacement would be temporary, and access to their apartments would be allowed for retrieving personal belongings.
The judge expressed concerns about the lack of notice to tenants and their exclusion from the bankruptcy proceedings. An attorney representing residents argued that there were fundamental notice and due process failures, citing an earlier order that authorized bankruptcy funds for repairs and utility stabilization, but then redirected those funds towards removing residents' belongings without proper notification.
The city of Detroit has taken a hard line against the tenants, characterizing their request as frivolous. However, the judge declined to rule against them and recognized their role in the case, directing an attorney representing residents to meet with the owner, the city, DTE Energy, and other parties to attempt to reach a resolution.
The U.S. Trustee has also raised concerns about financial transparency in the case and how debtor-in-possession funds have been handled and redirected. The hearing came days after the judge halted a proposed fast-track auction of the Leland House and an adjacent parking lot due to unresolved disputes over tenant rights.
As the case returns to court on February 24, residents remain hopeful that they will be able to access their belongings and receive proper compensation for their displacement. The building's owner has stated that they are working closely with the city, fire department, court, and residents to establish a safe process for retrieving personal belongings, but the outcome remains uncertain.
The court's decision allows moving contractors, but not the tenants themselves, to enter the 22-story building at 400 Bagley Street. However, residents have been locked out since December, when they were forced out due to an electrical equipment failure that knocked out power, heat, and elevators. Tenants had been told that displacement would be temporary, and access to their apartments would be allowed for retrieving personal belongings.
The judge expressed concerns about the lack of notice to tenants and their exclusion from the bankruptcy proceedings. An attorney representing residents argued that there were fundamental notice and due process failures, citing an earlier order that authorized bankruptcy funds for repairs and utility stabilization, but then redirected those funds towards removing residents' belongings without proper notification.
The city of Detroit has taken a hard line against the tenants, characterizing their request as frivolous. However, the judge declined to rule against them and recognized their role in the case, directing an attorney representing residents to meet with the owner, the city, DTE Energy, and other parties to attempt to reach a resolution.
The U.S. Trustee has also raised concerns about financial transparency in the case and how debtor-in-possession funds have been handled and redirected. The hearing came days after the judge halted a proposed fast-track auction of the Leland House and an adjacent parking lot due to unresolved disputes over tenant rights.
As the case returns to court on February 24, residents remain hopeful that they will be able to access their belongings and receive proper compensation for their displacement. The building's owner has stated that they are working closely with the city, fire department, court, and residents to establish a safe process for retrieving personal belongings, but the outcome remains uncertain.