Another newer apartment building in Detroit has officially fallen back into the hands of its lender. The former City Club Apartments CBD Detroit was sold in receivership to an entity connected to its lender, ACRE Credit, and Sequel Cos. for $75 million, according to Frank Simon, the receiver on the property. The 288-unit development at […]
Memorandum
SWORD OR SHIELD? JUDICIAL ESTOPPEL IN THE CONTEXT OF UNSCHEDULED BANKRUPTCY PRE-PETITION CLAIMS ASSERTED IN A LATER STATE COURT ACTION
01
Oct
Oct
Simon PLC Attorneys & Counselors – October 2026 Memorandum SWORD OR SHIELD? JUDICIAL ESTOPPEL IN THE CONTEXT OF UNSCHEDULED BANKRUPTCY PRE-PETITION CLAIMS ASSERTED IN A LATER STATE COURT ACTION Troy, MI. Can a plaintiff’s failure to schedule pre-petition claims as assets of the bankruptcy estate preclude it from asserting those claims in a subsequent state-court […]
01
Sep
Sep
Simon PLC Attorneys & Counselors – September 2026 Memorandum RECEIVERSHIP JURISDICTION AND ANCILLARY COMMERCIAL RECEIVERS Troy, MI. Receivership is a well-recognized tool utilized by trial courts to assume control over assets in dispute and subject to judgment. A receiver is a person appointed by a court to take possession of property and to manage or […]
01
Aug
Aug
Simon PLC Attorneys & Counselors – August 2026 Memorandum Michigan Freedom of Information Act (FOIA), a Primer on Appeals Troy, MI. The Michigan Freedom of Information Act (FOIA), MCL 15.231 et seq., ensures public access to official state records, but navigating a denial requires strict adherence to statutory deadlines and court rules. When a state-level agency […]
01
Jul
Jul
Simon PLC Attorneys & Counselors – July 2026 Memorandum Proposed Amendments to the Michigan Zoning Enabling Act Troy, MI. The Michigan Zoning Enabling Act (Act 110 of 2006, MCL 125.3101 et seq.) grants municipalities legal authority to regulate land development, establish zoning districts, and enact local zoning ordinances. It reflects the values of local control […]
01
Jun
Jun
Simon PLC Attorneys & Counselors – June 2026 Memorandum FinCEN’s Residential Real Estate Reporting Requirements Vacated By Courts Troy, MI. The U.S. Department of the Treasury’s Financial Crimes Enforcement Network (“FinCEN”) implemented the Anti-Money Laundering Regulations for Residential Real Estate Transfers (the “Rule”) which took effect on March 1, 2026. The Rule required reporting of certain non-financed residential […]
Memorandum
Out of the Ether – Is an Agreement That Exists Only Electronically as Enforceable as a Traditional Signed Paper Document?
01
May
May
Simon PLC Attorneys & Counselors – May 2026 Memorandum Out of the Ether – Is an Agreement That Exists Only Electronically as Enforceable as a Traditional Signed Paper Document? Troy, MI. The federal Electronic Signatures in Global and National Commerce Act (E-Sign Act) went into effect back in 2001. This statute makes feasible the use […]
01
Apr
Apr
Simon PLC Attorneys & Counselors – April 2026 Memorandum Quasi-Judicial Immunity of Court-Appointed Receivers Troy, MI – A receiver’s authority is recognized as deriving from the statutes and rules of court and the order of appointment. A court-appointed receiver is a fiduciary of the court for the benefit of all persons appearing in the action […]
02
Mar
Mar
Simon PLC Attorneys & Counselors – March 2026 Memorandum Contractual Receivership Clauses Do Not Override Judicial Discretion Troy, MI — On January 9, 2026, the Hon. Curt A. Benson of the Kent County Circuit Court issued an opinion and order granting Independent Bank’s request for the appointment of a Receiver over the controversial Adelaide Pointe […]
01
Feb
Feb
Simon PLC Attorneys & Counselors – February 2026 Memorandum Compliance with Michigan’s “Source of Income” Legislation Troy, MI — As of April 2, 2025, Michigan law expressly bans residential landlords with five or more units from rejecting tenants based on source of income and further establishes “source of income” as a protected class under Michigan’s […]