Author Archives: admin

Simon PLC Attorneys & Counselors – May 2021 Memorandum JUDGMENT INTEREST IN MICHIGAN – HOW MUCH AND WHEN? Bloomfield Hills, Michigan – It is often taken as a given that a party that prevails in a civil action is entitled to receive interest on its judgment.  Everyone has heard the old adage “time is money” […]

Simon PLC Attorneys & Counselors – April 2021 Memorandum VOIDABLE TRANSFER ACT Bloomfield Hills, Michigan – Michigan has become one of a number of states to adopt the Uniform Voidable Transactions Act (“UVTA”) which amends the Uniform Fraudulent Transfer Act (“UFTA”).   The UFTA is the most widely adopted statute in the United States addressing […]

Simon PLC Attorneys & Counselors – March 2021 Memorandum DON’T BE AFRAID TO TAKE ON CITY HALL Bloomfield Hills, Michigan – Have you ever had an issue with your local municipality?  Are your elected leaders trying to change local ordinances that affect your business?  Effective challenges to proposed changes to local laws can stop and […]

Simon PLC Attorneys & Counselors – January 2021 Memorandum IS POSSESSION 9/10 OF THE LAW? CALL YOUR LAWYERS BEFORE RELEASING THAT CAR Bloomfield Hills, Michigan – On January 14, the Supreme Court of the United States released its opinion in City of Chicago, Illinois v. Fulton et al., 592 U.S. ____ (2021).  In an 8-0 […]

Simon PLC Attorneys & Counselors – January 2021 Memorandum An Update on the compliance with the amended Marketable Record Title Act for Homeowners’ and Condominium Associations Bloomfield Hills, Michigan – As noted in an earlier memorandum, Michigan’s Marketable Record Title Act was amended at the end of 2018 in a lame-duck session of the state […]

Simon PLC Attorneys & Counselors – December 2020 Memorandum Can a Judgment Creditor Garnish PPP and CARES Act Funds? Bloomfield Hills, Michigan – Questions have been raised by creditors’ rights attorneys and practitioners whether funds received by businesses and individuals from either the Paycheck Protection Program and/or CARES Act recovery rebates are subject to post […]

Simon PLC Attorneys & Counselors – November 2020 Memorandum CHANGES IN MICHIGAN RECEIVERSHIP LAW PROVIDE REMEDY FOR MARIJUANA BUSINESSES AND PROTECTION FOR LENDERS Bloomfield Hills, Michigan –Frank R. Simon, the founder and managing member of Simon PLC Attorneys & Counselors, is frequently appointed as Receiver by courts throughout Michigan.  The firm has a significant practice […]

Simon PLC Attorneys & Counselors – October 2020 Memorandum ASSIGNMENT FOR BENEFIT OF CREDITORS Bloomfield Hills, Michigan – An assignment for benefit of creditors (“ABC”) is an alternative to formal bankruptcy proceedings and is governed by state law (N.B. ABC statutes and laws vary from state to state.  There is minimal case law regarding ABCs, […]

Simon PLC Attorneys & Counselors – September 2020 Memorandum PUBLICATION OF NEW AND EXPECTED CFPB FINAL DEBT COLLECTION RULES IN OCTOBER 2020 Bloomfield Hills, Michigan – In July 2020, the Consumer Financial Protection Bureau (CFPB) announced that it plans to publish final debt collection rules in October 2020.   The announcement was released after the […]

Simon PLC Attorneys & Counselors – August 2020 Memorandum UPDATE ON MICHIGAN AND INDIANA – ANSWER TO COMPLAINT AND DEFAULT ENTRY DEADLINES Bloomfield Hills, Michigan – When we rang in 2020 seven months ago, few of us predicted the year it would turn out to be.  And who knows what the next five months will […]