Category Archives: Memorandum

DON’T FORGET YOUR AFFIDAVIT$! AN ACCOUNTS STATED PRIMER

Simon PLC Attorneys & Counselors – July 2021 Memorandum DON’T FORGET YOUR AFFIDAVIT$!  AN ACCOUNTS STATED PRIMER. Bloomfield Hills, Michigan – On April 28, 2021, the Michigan Court of Appeals issued a decision in the case of Network Designs, LLC v. Music Hall Center for the Performing Arts, No. 351434 No. 351434, LC No. 18-009505-CB […]

VOIDABLE TRANSFER ACT

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 […]

IS POSSESSION 9/10 OF THE LAW? CALL YOUR LAWYERS BEFORE RELEASING THAT CAR

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 […]

Update on the compliance with the amended Marketable Record Title Act for Homeowners’ and Condominium Associations

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 […]

Can a Judgment Creditor Garnish PPP and CARES Act Funds?

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 […]

CHANGES IN MICHIGAN RECEIVERSHIP LAW PROVIDE REMEDY FOR MARIJUANA BUSINESSES AND PROTECTION FOR LENDERS

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 […]

ASSIGNMENT FOR BENEFIT OF CREDITORS

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, […]