Federal Bankruptcy Judge Raises Concerns Over Exclusion of Leland House Tenants from Bankruptcy Case
A federal bankruptcy judge has expressed concerns that tenants displaced from Detroit's historic Leland House were not given proper notice or a meaningful opportunity to participate in the court proceedings affecting their homes and belongings.
The hearing, which adjourned on Wednesday, centered around residents' request to reconsider a court order allowing only moving contractors, rather than the tenants themselves, to enter the 22-story building at 400 Bagley St. The case is part of Leland House's Chapter 11 bankruptcy filing in November 2023.
The judge, Maria Oxholm, raised questions about whether tenants were included in the bankruptcy proceedings, citing concerns that they had not been listed, scheduled, or served. The owner's lawyer conceded on the record that tenants had not been notified before key decisions were made, including a January order redirecting funds intended for repairs and utility stabilization to removing residents' belongings.
The city of Detroit opposed the tenants' motion, characterizing it as frivolous and arguing that residents cannot be allowed back into the historic building. The city's stance has remained unchanged since Mayor Mary Sheffield took office in January, with previous Mayor Mike Duggan receiving significant donations from DTE Energy.
The hearing came after a proposed fast-track auction of the Leland House was halted by Judge Oxholm due to disputes over tenant rights remaining unresolved. Tenants were forced out of the building in December following an electrical equipment failure that knocked out power, heat, and elevators.
The U.S. Trustee expressed concerns about lack of financial transparency in the case and how debtor-in-possession funds have been handled and redirected. Residents' attorneys argued that safety and insurance concerns are being used to block residents from entering the building, despite temporary lighting and limited access being possible at minimal cost.
At the close of the hearing, Judge Oxholm declined to rule against the tenants and directed Foley to meet with the owner, city, DTE, and other parties to attempt a resolution. The judge expressed concern about the lack of notice to tenants and their exclusion from the proceedings.
Luis Ramirez, a representative for the building's ownership, stated that they are working closely with the City of Detroit, the court, and residents to establish a safe process for retrieving belongings. However, it remains unclear when this process will be finalized or how it will address the concerns raised by Judge Oxholm and tenants' attorneys.
The hearing highlights ongoing disputes over tenant rights and the impact of the bankruptcy case on the historic Leland House and its displaced residents.
A federal bankruptcy judge has expressed concerns that tenants displaced from Detroit's historic Leland House were not given proper notice or a meaningful opportunity to participate in the court proceedings affecting their homes and belongings.
The hearing, which adjourned on Wednesday, centered around residents' request to reconsider a court order allowing only moving contractors, rather than the tenants themselves, to enter the 22-story building at 400 Bagley St. The case is part of Leland House's Chapter 11 bankruptcy filing in November 2023.
The judge, Maria Oxholm, raised questions about whether tenants were included in the bankruptcy proceedings, citing concerns that they had not been listed, scheduled, or served. The owner's lawyer conceded on the record that tenants had not been notified before key decisions were made, including a January order redirecting funds intended for repairs and utility stabilization to removing residents' belongings.
The city of Detroit opposed the tenants' motion, characterizing it as frivolous and arguing that residents cannot be allowed back into the historic building. The city's stance has remained unchanged since Mayor Mary Sheffield took office in January, with previous Mayor Mike Duggan receiving significant donations from DTE Energy.
The hearing came after a proposed fast-track auction of the Leland House was halted by Judge Oxholm due to disputes over tenant rights remaining unresolved. Tenants were forced out of the building in December following an electrical equipment failure that knocked out power, heat, and elevators.
The U.S. Trustee expressed concerns about lack of financial transparency in the case and how debtor-in-possession funds have been handled and redirected. Residents' attorneys argued that safety and insurance concerns are being used to block residents from entering the building, despite temporary lighting and limited access being possible at minimal cost.
At the close of the hearing, Judge Oxholm declined to rule against the tenants and directed Foley to meet with the owner, city, DTE, and other parties to attempt a resolution. The judge expressed concern about the lack of notice to tenants and their exclusion from the proceedings.
Luis Ramirez, a representative for the building's ownership, stated that they are working closely with the City of Detroit, the court, and residents to establish a safe process for retrieving belongings. However, it remains unclear when this process will be finalized or how it will address the concerns raised by Judge Oxholm and tenants' attorneys.
The hearing highlights ongoing disputes over tenant rights and the impact of the bankruptcy case on the historic Leland House and its displaced residents.