Here’s a news article regarding the bankruptcy case.
If you are a tenant in any of the four apartment complexes in bankruptcy court, look at the instructions below!
The Renters’ Rights Assembly will have lawyers available for free legal consultation at 3401 Canal St. on Thursday, August 7th, 6pm – 8pm.
If you are experiencing a lack of repairs at these units, consider filing a Healthy Homes report at nola311.org. A detailed explanation can be found here: https://nola.gov/nola/media/Healthy-Homes/240402-Healthy-Homes-How-To-311.pdf.
How and why to file a Proof of Claim:
*Deadline to file is July 28th* If applying after July 28th, you must submit a motion for a late claim.*
Why file a claim? A proof of claim, in this case, is a formal notification to the court that you (the tenant) are owed payment by the debtor (the landlord). The most common (and the easiest to prove) reason to file a claim is to ensure you get your security deposit back or are paid for any work you put into the property that you feel you should be compensated for. This could include in theory moving expenses, etc. Due to the sheer number of people involved in this case, we can only provide some legal counsel at our meetings, but tenants should do their own research/contact a lawyer for detailed info.
How to file a Proof of Claim:
1. Go to the website https://www.veritaglobal.net/cbrm.
2. On the left hand side click “Submit Electronic Proof of Claim” – here is a direct link – https://epoc.veritaglobal.net/TACOU.ASPX?epoc=cbrm.
3. Read the terms and conditions and then click “Accept”.
6. Next to “Name of Creditor” enter your (tenant) name.
7. Click the box next to “I understand that, if I file, I must comply with the redaction rules.
8. Then you need to sign in. At the bottom click “Request a PIN to file a claim.” It will then send a pin to your email address.
9. Once you receive the pin (check spam folder if you don’t receive it), log in with your email address and pin.
10. On the next page, under name of current credit fill in your (tenant) name.
11. They can leave “attention to” blank.
12. Enter address where you receive mail.
13. You must enter an email address.
14. If you want payment to go to a different address, check the box and enter the other address information. Make sure you specify an address where you can receive mail for a long time since it is unclear how long the bankruptcy will take.
15. After “Do you know if anyone else has filed a proof of claim for this claim” you can check “No” if no one else has already made the same claim.
16. On the right at the bottom, check the box next to “check this box if you are the creditor.” Click “next”.
17. On the next page you do not need to check the box unless you want notice to be sent to another person. Click “next” again.
18. On the next page if this is your first time filing this claim click “no” After “Does this claim amend one already filed.” Click “No” if this is your claim and not someone else’s claim. Click “Next” again.
19. On the next page under Basis of Claim you can say “damages due to uninhabitable conditions” or “security deposit” or something like that.
20. Check “no” after “Do you have any number you use to identify the debtor.” Then click “Next”.
21. On the next page, next to “Debtor selection” select your property, then click “Next”
- RH Chenault Creek LLC – Carmel Brook – Case # 25-15349
- RH Copper Creek LLC – Laguna Creek – Case # 25-15346
- RH Lakewind East LLC – Laguna Reserve – Case # 25-15344
- RH Windrun LLC – Carmel Spring – Case # 25-15345
22. On the next page, under total amount of claim, you need to put in the amount you think you are owed. There is no easy way to calculate this if you do not have a pending lawsuit or a judgment against your landlord. If you are owed your security deposit, you should include that amount.
23. Click “no” after “Does this amount include interest or other charges.” Then click “Next”.
24. On the next page most likely your claim is NOT secured (you do not have a lien or mortgage against the property). So click “No” after “Is all or part of the claim secured.”
25. Next go down to “Is this claim based on a lease” and check “Yes.” You can fill in the full amount of your claim under “amount necessary to cure any default.”
26. Click “No” after “Is this claim subject to a right of setoff”. Click “Next.”
27. On the next page if you are claiming your security deposit, that portion is considered “priority.” So check “Yes” and then check the second box down under “Specify the priority of the claim” where it says “Up to $3800 of deposits toward purchase, lease, or rental of property.” Then enter the amount of the deposit in the box to the right. Click “Next.”
28. Click “No” after Is all or part of the claim entitled to administrative priority. Click “Next.”
29. On the next page you can upload any supporting documentation you have, such as a lease agreement, photos, security deposit receipt, etc. You should upload documents if you can. Click “Next.”
30. Read the information on this page, check the two boxes, and type your name as signature. Then click “Submit claim.”
Things tenants need to understand:
1. If you have a pending lawsuit against the property DO NOT file a proof of claim without speaking to your attorney.
2. A bankruptcy results in a limited pot of money being split between many people and companies. The mortgage holder gets paid first, along with any other people that have liens against the property. So you might receive only a fraction of your claim, or even nothing.
3. The landlord has a right to contest the claim. They might require you to attend a court hearing to prove your claim. The court hearing most likely can be done virtually. You may want to have an attorney or advocate represent you in the court hearing. Nothing about this information creates an attorney client relationship.
4. If you plan to sue the property for personal injury or similar claims, you may want to speak to an attorney about whether filing a proof of claim will affect your ability to collect from the landlord’s insurance company on that claim.
5. If you miss the deadline you can ask the court for permission to file a late claim, but it is best to try to meet the deadline.
6. You are swearing to the accuracy and truthfulness of everything you enter into the website. You can get in trouble for filing inaccurate or untruthful information with a federal court. So be sure to include truthful and accurate information.
Know Your Rights Eviction Comic Book
This is a comic book put out by Jane Place Neighborhood Sustainability Initiative. Share widely. Reach out to us about getting print copies.