Westbank Holdings Bankruptcy

Did you rent from one of these 6 apartment complexes that are in bankruptcy?

Do you believe your landlord owed you money as of the bankruptcy filing date below?
If so, you can file a proof of claim in the bankruptcy on or before January 31, 2023.

FILE YOUR PROOF OF CLAIM

DOWNLOAD THE BAR DATE ORDER

DOWNLOAD THE BAR DATE NOTICE

Complexes In Bankruptcy:

Oakmont/Stoney Brook Apts

(2200 Westbend Pkwy; addresses on Cobblestone and Springbrook Lanes, New Orleans)

Bankruptcy Case Information:
In re: Westbank Holdings LLC - Case # 22-10082
FILING DATE: January 27, 2022

Cypress Park Apts

(2110/2020 Cypress Acres Dr., New Orleans)

Bankruptcy Case Information:
In re: Cypress Park Apartments II LLC - Case # 22-10083
FILING DATE: January 27, 2022

Liberty Park Apts

(2817 S Liberty St., New Orleans)

Bankruptcy Case Information:
In re: Liberty Park Apartments, LLC – Case # 22-10084
FILING DATE: January 27, 2022

Forest park new orleans la building photo

Forest Park Apts

(2309 6th St., New Orleans)

Bankruptcy Case Information:
In re: Forest Park Apartments, LLC – Case # 22-10085
FILING DATE: January 27, 2022

Washington Place Apts

(2316 Washington Ave., New Orleans)

Bankruptcy Case Information:
In re: Washington Place, LLC – Case # 22-10086
FILING DATE: January 27, 2022

Riverview Apts

(1039 Reverend Richard Wilson Dr./3rd St., Kenner)

Bankruptcy Case Information:
In Re: Riverview Apartments, LLC – Case # 22-10176
FILING DATE: February 23, 2022

Frequently Asked Questions

What is a Proof of Claim?
The companies that own the 6 above properties are in Chapter 11 bankruptcy. A proof of claim is a form you can fill out if you are a claim as a “creditor” against the company. You are a creditor if you believe the company owed you money as of the bankruptcy filing date (listed on page 1). The money owed could be your security deposit, reimbursement for out-of-pocket expenses, or other damages you experienced while living at the property.

In a bankruptcy there are “secured” creditors and “unsecured” creditors. Secured creditors are those like the mortgage company, whose loan is secured by the property (i.e. they can take the property if the owner defaults on the mortgage). If you assert a claim in the bankruptcy you are an unsecured creditor.

When do I have to file a Proof of Claim by?
The Judge extended the deadline for tenants to January 31, 2023.

What do I need to attach to my proof of claim?
You can attach to your proof of claim any evidence that you are owed money. For example, you could attach your lease, security deposit receipt, receipts from paying for items out of pocket, or photos of your unit. You can supplement later with additional evidence if you need to.

What if a judge has not ruled on my claim yet?
You can file a proof of claim even if you have not filed a lawsuit yet or had a court rule on your claim. If your claim has not been ruled on by a judge yet it is probably an “unliquidated” claim, meaning the exact amount of the claim is unknown. You should estimate the dollar amount of your claim.

If you already filed a lawsuit stating your claim, you should speak to your attorney before filing a proof of claim, as it could impact your lawsuit.

Is there a reason to not file a proof of claim?
By filing a proof of claim you are agreeing to allow the bankruptcy court to decide your claim for you, rather than a judge in a different court. You are also agreeing to waive your right to a jury trial in state court. If the bankruptcy court decides one way on your claim, you cannot then go file a lawsuit in another court for the same claims. Similarly, if you don’t list all of your claims on your proof of claim form, you could be barred from suing for the remaining claims later.

You may want to consult with an attorney about whether filing a proof of claim is the right choice for you. An attorney might believe it is a better idea to sue in another forum where you can bring in other parties, like the debtors’ insurance company. If an attorney is already representing you in a lawsuit against the debtor, you should discuss the proof of claim option with your attorney BEFORE filing, since it will affect your lawsuit.

What if the owner/debtor disagrees with my claim?
If the debtor disagrees with what you say you are owed, you may have to put on your case in front of the bankruptcy judge. You would have to bring evidence and explain to the judge why you are owed the amount you put on the Proof of Claim. You are not guaranteed an attorney for this process.

What if I do not file a proof of claim?
Not filing a proof of claim does not stop you from suing for what you are owed. Keep in mind that some claims have a “statute of limitations,” or deadline, of one year to sue. Other claims may have other deadlines.

If you file a proof of claim it could affect a later lawsuit you might bring, so you should speak with your attorney about whether filing a proof of claim is a good idea. However, any lawsuit filed against the debtors while they are in bankruptcy will likely be subject to delays and other special procedures related to the bankruptcy. Currently there is an “automatic stay” in effect that freezes any litigation against the companies in bankruptcy. This means you cannot sue the company outside of the bankruptcy without asking for permission from the bankruptcy court to lift the stay. At the end of the bankruptcy, depending on what happens, the debtors may or may not have any funds left.

Am I guaranteed to get the money the court determines I’m owed?
No. In a bankruptcy there may or may not be enough money to pay all of the creditors. You may not get anything through this process, or you may get only a portion of what you are owed.

How do I file?
You have two options to file the proof of claim:
You can print the paper form attached and file it at the Clerk’s office at the U.S. Bankruptcy Court: 500 Poydras St, New Orleans, LA 70130. Click here to see example. You can file the proof of claim online and read instructions at this address: https://www.laeb.uscourts.gov/electronic-proof-claim-non-ecf-filers.

What If I Have Questions About The Proof of Claim Form or How to File?

You can call Southeast Louisiana Legal Services (SLLS) at (504) 529-1000 x. 258 or email hadams@slls.org for more information about filing a proof of claim.
Please note that calling SLLS for information about the process or assistance with the form does NOT mean that SLLS is representing you when it comes to your claim. You can also select another attorney of your choice.

You can also attend one of two Proof of Claim Clinics held by the New Orleans Renters Rights Assembly for assistance filling out the Proof of Claim form:

Thursday, January 5th
6pm-8pm – 3401 Canal St. New Orleans

Saturday, January 7th
2pm-4pm – 2533 Columbus St. New Orleans

Reminder: Your proof of claim is sworn under penalty of perjury! It must be truthful and accurate.

FILE YOUR PROOF OF CLAIM

Did you rent from one of these 6 apartment complexes that are in bankruptcy?

Do you believe your landlord owed you money as of the bankruptcy filing date below?
If so, you can file a proof of claim in the bankruptcy on or before January 31, 2023.

FILE YOUR PROOF OF CLAIM

DO NOT MAIL OR SEND YOUR PROOF OF CLAIM TO THE TRUSTEE OR SOUTHEAST LOUISIANA LEGAL SERVICES. ALL PROOF OF CLAIMS MUST BE FILED WITH THE BANKRUPTCY COURT.

THIS WEBSITE PROVIDES INFORMATION BUT SHOULD NOT BE CONSTRUED AS LEGAL ADVICE. CONSULT AN ATTORNEY FOR ADVICE ON YOUR SITUATION.

Please note this notice is NOT related to a class action lawsuit or settlement.