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Announcements

Construction Contracts and Minimizing Risk: Liquidated Damages Clauses

Simon PLC Attorneys & Counselors – September 2025 Memorandum Construction Contracts and Minimizing Risk: Liquidated [...]

01
Sep

Illinois Enacts Modern Receivership Act – Effective January 1, 2026

We are excited to share that Illinois will soon join the growing number of states [...]

29
Aug

Another unanimous Jury trial victory returned for the Simon PLC Team: no cause of action!

Simon PLC Attorneys & Counselors is proud to announce that our attorneys Matt Vogler and [...]

22
Aug

Implementing Effective Policies and Procedures

Simon PLC Attorneys & Counselors – August 2025 Memorandum Urwiller: Implementing Effective Policies and Procedures [...]

01
Aug

Receivership As a Resource to Creditors Addressing the Challenges of Vacant Commercial, Retail and Residential Property

Simon PLC Attorneys & Counselors – July 2025 Memorandum Receivership As a Resource to Creditors [...]

01
Jul

Michigan Shareholder Oppression, Fiduciary Duties, and “Business Divorce”

Simon PLC Attorneys & Counselors – June 2025 Memorandum Michigan Shareholder Oppression, Fiduciary Duties, and [...]

01
Jun

Slander of Title in the state of Michigan

Simon PLC Attorneys & Counselors – May 2025 Memorandum Slander of Title in the state [...]

01
May

New York’s Foreclosure Abuse Prevention Act Revisited -Two Years Later

Simon PLC Attorneys & Counselors – March 2025 Memorandum New York’s Foreclosure Abuse Prevention Act [...]

01
Apr

PUBLIC ACT 154 OF 2024 – TARGETING TITLE FRAUD

Simon PLC Attorneys & Counselors – February 2025 Memorandum PUBLIC ACT 154 OF 2024 – [...]

01
Mar

DOES A CONTRACT NEED TO BE SIGNED TO BE ENFORCED?

Simon PLC Attorneys & Counselors – February 2025 Memorandum DOES A CONTRACT NEED TO BE [...]

01
Feb

Urwiller: Analyzing Financial Institution Litigation Risk

Simon PLC Attorneys & Counselors – January 2025 Memorandum Urwiller: Analyzing Financial Institution Litigation Risk. [...]

01
Jan

MICHIGAN MARIJUANA RECEIVERSHIP AS A CREDITOR’S BEST RESPONSE TO CANNABIS FACILITIES INSOLVENCY.

Simon PLC Attorneys & Counselors – December 2024 Memorandum MICHIGAN MARIJUANA RECEIVERSHIP AS A CREDITOR’S [...]

26
Nov

DEFAMATION AND OTHER ATTACKS ON YOUR REPUTATION IN MICHIGAN

Simon PLC Attorneys & Counselors – November 2024 Memorandum DEFAMATION AND OTHER ATTACKS ON YOUR [...]

01
Nov

HOMEOWNERS’ ENERGY POLICY ACT IMPLICATIONS FOR HOMEOWNERS AND THE HOA ASSOCIATION COMMUNITY

Simon PLC Attorneys & Counselors – October 2024 Memorandum HOMEOWNERS’ ENERGY POLICY ACT IMPLICATIONS [...]

01
Oct

CFPB DEEMS LAND CONTRACTS “CREDIT” SUBJECT TO FEDERAL MORTGAGE PROTECTIONS

Simon PLC Attorneys & Counselors – September 2024 Memorandum CFPB DEEMS LAND CONTRACTS “CREDIT” SUBJECT [...]

01
Sep

PURDUE RULING- A POTENTIAL LIMITATION ON THE POWERS OF THE BANKRUPTCY COURT

Simon PLC Attorneys & Counselors – August 2024 Memorandum PURDUE RULING- A POTENTIAL LIMITATION ON [...]

01
Aug

Palmer Park Apartment Complex Portfolio

Listing Frank R. Simon, Court Appointed Receiver is pleased to offer the opportunity for buyers [...]

02
Jul

NON-COMPETE AGREEMENTS IN 2024, MICHIGAN, FTC, AND THE CHEVRON RULE

Simon PLC Attorneys & Counselors – July 2024 Memorandum NON-COMPETE AGREEMENTS IN 2024, MICHIGAN, FTC, [...]

01
Jul

Simon PLC Attorneys & Counselors – June 2024 Special Memorandum Analyzing your Litigation Risk

Simon PLC Attorneys & Counselors – June 2024 Special Memorandum Analyzing your Litigation Risk Troy, [...]

01
Jun

ONE DEPOSIT, TWO DEPOSIT, FRAUD— Mobile Remote Deposit Capture and Double Presentment

Simon PLC Attorneys & Counselors – May 2024 Memorandum ONE DEPOSIT, TWO DEPOSIT, FRAUD— Mobile [...]

01
May

The Corporate Transparency Act and the Issue of Beneficial Ownership and Substantial Control

Simon PLC Attorneys & Counselors – April 2024 Memorandum The Corporate Transparency Act and the [...]

01
Apr

Corporate Dissolution in Michigan and the Power to Sue and Be Sued

Simon PLC Attorneys & Counselors – March 2024 Memorandum Corporate Dissolution in Michigan and the [...]

01
Mar

Do Contractors Need to Open a Separate Account ? The Michigan Builder’s Trust Fund Act

Simon PLC Attorneys & Counselors – February 2024 Memorandum Do Contractors Need to Open a [...]

01
Feb

When is it proper to use the Secretary of State to serve an LLC in Illinois?

Simon PLC Attorneys & Counselors – January 2024 Memorandum When is it proper to use [...]

02
Jan

Restaurant, Keego Harbor, Michigan

Property Frank R. Simon, Court Appointed Receiver is pleased to offer an exciting opportunity for [...]

04
Dec

Michigan’s Contract Statute of Limitations – Last Payment Date or Maturity Date – What Determines When a Debt Becomes Stale?

Simon PLC Attorneys & Counselors – December 2023 Memorandum Michigan’s Contract Statute of Limitations – [...]

01
Dec

ACCELERATE OR NOT TO ACCELERATE – A LENDER’S POTENTIAL LOSS TO RECOVER PREPAYMENT PREMIUMS

Simon PLC Attorneys & Counselors – November 2023 Memorandum ACCELERATE OR NOT TO ACCELERATE – [...]

01
Nov

Michigan Receivership Authority: Rejection of Executory Contracts and Leases

Simon PLC Attorneys & Counselors – October 2023 Memorandum Michigan Receivership Authority: Rejection of Executory [...]

03
Oct

Conjunction Junction What’s Your Function?

Simon PLC Attorneys & Counselors – September 2023 Memorandum Conjunction Junction What’s Your Function? Troy, [...]

01
Sep

New York’s Foreclosure Abuse Prevention Act

Simon PLC Attorneys & Counselors – August 2023 Memorandum New York’s Foreclosure Abuse Prevention Act [...]

01
Aug

Seller’s Duties Under the Michigan Seller Disclosure Act

Simon PLC Attorneys & Counselors – July 2023 Memorandum Seller’s Duties Under the Michigan Seller [...]

01
Jul

Judgment Creditors Beware: Garnishee Defendants May Not Object to Post-Judgment Writs of Garnishments

Simon PLC Attorneys & Counselors – June 2023 Memorandum Judgment Creditors Beware: Garnishee Defendants May [...]

01
Jun

Service of Process – Who is in charge of the office?

Simon PLC Attorneys & Counselors – May 2023 Memorandum Service of Process – Who is [...]

01
May

Grow Facility, Eaton County

Property Frank R. Simon, Court Appointed Receiver is pleased to offer a leasing opportunity in [...]

26
Apr

Time Limit on Substitution of Parties – When is it too Late to Step in for a Late Litigant?

Simon PLC Attorneys & Counselors – April 2023 Memorandum Time Limit on Substitution of Parties [...]

31
Mar

Extending the running of the Statute of Limitations to allow time to work with a cooperative debtor.

Simon PLC Attorneys & Counselors – March 2023 Memorandum Extending the running of the Statute [...]

01
Mar

Dispensary 700 Tappan Ave., Ann Arbor, MI 48104

Frank R. Simon, Court Appointed Receiver is pleased to offer the opportunity for buyers to [...]

07
Feb

Who owns the funds in a joint bank account in Michigan?

Simon PLC Attorneys & Counselors – February 2023 Memorandum Who owns the funds in a [...]

01
Feb

Statute of limitations on an Illinois breach of an installment contract? You may have longer than you realize.

Simon PLC Attorneys & Counselors – January 2023 Memorandum Statute of limitations on an Illinois [...]

01
Jan

Practice Tip: Homestead Property – Who Signs the Mortgage?

Simon PLC Attorneys & Counselors – December 2022 Memorandum Practice Tip: Homestead Property – Who [...]

01
Dec

Aftermath of the NYS Court of Appeals Landmark Decision in Freedom Mortgage Corporation v. Engel

Simon PLC Attorneys & Counselors – November 2022 Memorandum Aftermath of the NYS Court of [...]

01
Nov

UCC Article 2a Finance Leases and the Absolute Duty of the Lessor to Perform

Troy, Michigan – A lessee of commercial equipment – copier/scanner, telephone or computer network, industrial [...]

01
Oct

Options Available To Marijuana Businesses and Distressed Assets in Default in Michigan

Simon PLC Attorneys & Counselors – September 2022 Memorandum Options Available To Marijuana Businesses and [...]

01
Sep

Important Developments Under Michigan’s New Uniform Assignment of Rents Act

Simon PLC Attorneys & Counselors – August 2022 Memorandum Important Developments Under Michigan’s New Uniform [...]

01
Aug

Second Circuit Denies Standing to ADA Claimants in “cut and paste” Gift Card Lawsuits

Simon PLC Attorneys & Counselors – July 2022 Memorandum Second Circuit Denies Standing to ADA [...]

01
Jul

Selecting Your Legal Partner: Part 3 – Making Your Selections

Simon PLC Attorneys & Counselors – June 2022 Special Memorandum Troy, Michigan – We are [...]

01
Jun

Hampton Inn – Southgate

Auction Frank R. Simon, Court Appointed Receiver is pleased to exclusively offer the opportunity for [...]

17
May

Selecting Your Legal Partner: Part 2 – How Do You Litigate?

Simon PLC Attorneys & Counselors – May 2022 Special Memorandum Troy, Michigan – We are [...]

01
May

Selecting Your Legal Partner: Part 1 – What’s Your Litigation Culture?

Simon PLC Attorneys & Counselors – April 2022 Special Memorandum Troy, Michigan – At many [...]

01
Apr

Garnishing accounts? Don’t forget the crypto wallet.

Simon PLC Attorneys & Counselors – March 2022 Memorandum Garnishing accounts? Don’t forget the crypto [...]

01
Mar

Simon PLC Attorneys & Counselors – 2022 Update of Receivership Case Studies

Simon PLC Attorneys & Counselors – 2022 Update of Receivership Case Studies Note: This is [...]

01
Feb

Update to Creditors regarding changes to the FDCPA – 12 CFR Part 1006 “Regulation F”

Simon PLC Attorneys & Counselors – January 2022 Memorandum Update to Creditors regarding changes to [...]

01
Jan

Homeowners Associations And Homeowners Beware: Airbnb, VRBO And Other Short-Term Use Rentals May Be Prohibited

Simon PLC Attorneys & Counselors – December 2021 Memorandum Homeowners Associations And Homeowners Beware: Airbnb, [...]

01
Dec

SO YOU HAVE AN ILLINOIS JUDGMENT DEBTOR; WHAT DO YOU DO NOW?

Simon PLC Attorneys & Counselors – November 2021 Memorandum SO YOU HAVE AN ILLINOIS JUDGMENT [...]

01
Nov

CONFUSION AS TO DISTRICT COURT AMOUNT IN CONTROVERSY / SUBJECT MATTER JURISDICTION – THE EFFECT OF ABCS TROY V. LOANCRAFT, LLC

Simon PLC Attorneys & Counselors – October 2021 Memorandum CONFUSION AS TO DISTRICT COURT AMOUNT [...]

01
Oct

LENDERS BEWARE OF CFPB MORTGAGE SERVICING COVID-19 FINAL RULE- A MORATORIUM ON FORECLOSURE

Simon PLC Attorneys & Counselors – September 2021 Memorandum LENDERS BEWARE OF CFPB MORTGAGE SERVICING [...]

01
Sep

ENFORCEMENT OF MICHIGAN NON-COMPETE AGREEMENTS

Simon PLC Attorneys & Counselors – August 2021 Memorandum ENFORCEMENT OF MICHIGAN NON-COMPETE AGREEMENTS Bloomfield [...]

01
Aug

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

Simon PLC Attorneys & Counselors – July 2021 Memorandum DON’T FORGET YOUR AFFIDAVIT$! AN ACCOUNTS [...]

01
Jul

DEBT BUYERS MAKING YOUR CASE IN COURT

Simon PLC Attorneys & Counselors – June 2021 Memorandum DEBT BUYERS MAKING YOUR CASE IN [...]

01
Jun

JUDGMENT INTEREST IN MICHIGAN – HOW MUCH AND WHEN?

Simon PLC Attorneys & Counselors – May 2021 Memorandum JUDGMENT INTEREST IN MICHIGAN – HOW [...]

01
May

VOIDABLE TRANSFER ACT

Simon PLC Attorneys & Counselors – April 2021 Memorandum VOIDABLE TRANSFER ACT Bloomfield Hills, Michigan [...]

01
Apr

DON’T BE AFRAID TO TAKE ON CITY HALL

Simon PLC Attorneys & Counselors – March 2021 Memorandum DON’T BE AFRAID TO TAKE ON [...]

01
Mar

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? [...]

29
Jan

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 [...]

08
Jan

Can a Judgment Creditor Garnish PPP and CARES Act Funds?

Simon PLC Attorneys & Counselors – December 2020 Memorandum Can a Judgment Creditor Garnish PPP [...]

25
Nov

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 [...]

30
Oct

ASSIGNMENT FOR BENEFIT OF CREDITORS

Simon PLC Attorneys & Counselors – October 2020 Memorandum ASSIGNMENT FOR BENEFIT OF CREDITORS Bloomfield [...]

01
Oct

PUBLICATION OF NEW AND EXPECTED CFPB FINAL DEBT COLLECTION RULES IN OCTOBER 2020

Simon PLC Attorneys & Counselors – September 2020 Memorandum PUBLICATION OF NEW AND EXPECTED CFPB [...]

01
Sep

UPDATE ON MICHIGAN AND INDIANA – ANSWER TO COMPLAINT AND DEFAULT ENTRY DEADLINES

Simon PLC Attorneys & Counselors – August 2020 Memorandum UPDATE ON MICHIGAN AND INDIANA – [...]

27
Jul

UPDATE ON OHIO DEBTOR COLLECTION PRACTICES – REQUIRED NOTICE TO DEBTORS FOR COLLECTION OF DEBTS INVOLVING RESIDENTIAL REAL ESTATE AS COLLATERAL

Simon PLC Attorneys & Counselors – July 2020 Memorandum UPDATE ON OHIO DEBTOR COLLECTION PRACTICES [...]

01
Jul

PANDEMIC EVENT ENDORSEMENTS – CAN COVERAGE BE TRIGGERED?

Simon PLC Attorneys & Counselors – June 2020 Memorandum PANDEMIC EVENT ENDORSEMENTS – CAN COVERAGE [...]

01
Jun

CHAPTER 11 BANKRUPTCY – SMALL BUSINESS REORGANIZATION ACT – SUBCHAPTER V

Simon PLC Attorneys & Counselors – May 2020 Memorandum CHAPTER 11 BANKRUPTCY – SMALL BUSINESS [...]

01
May

COVID-19 EVICTION AND FORECLOSURE MORATORIUMS

Simon PLC Attorneys & Counselors – Supplemental Interim April 2020 Memorandum COVID-19 EVICTION AND FORECLOSURE [...]

20
Apr

RESPONSE OF MICHIGAN COURTS TO COVID-19 PANDEMIC – CAN CIVIL LAWSUITS STILL BE COMMENCED AND PROSECUTED IN THESE UNCERTAIN TIMES?

Simon PLC Attorneys & Counselors – Supplemental Interim April 2020 Memorandum RESPONSE OF MICHIGAN COURTS [...]

15
Apr

SBA Paycheck Protection Program (PPP) Loans under the CARES Act

Simon PLC Attorneys & Counselors – Supplemental Interim April 2020 Memorandum SBA Paycheck Protection Program [...]

13
Apr

Remedies for United States Creditors In Ontario, Canada

Simon PLC Attorneys & Counselors – April 2020 Memorandum Remedies for United States Creditors In [...]

01
Apr

The Advantage of Indiana Judgment Liens

Simon PLC Attorneys & Counselors – March 2020 Memorandum The Advantage of Indiana Judgment Liens [...]

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01
Mar

Complying with the 2018 Amendment to the Michigan Marketable Record Title Act (MRTA) (2018 PA 572)

Simon PLC Attorneys & Counselors – February 2020 Memorandum Complying with the 2018 Amendment to [...]

06
Feb

House Bill No. 4306: Michigan Legislature Enacts New Foreclosure Notice Requirements

Simon PLC Attorneys & Counselors – January 2020 Memorandum House Bill No. 4306: Michigan Legislature [...]

01
Jan

Michigan Court Rules: Scope of Discovery Proportionality Considerations

Simon PLC Attorneys & Counselors – December 2019 Memorandum Michigan Court Rules: Scope of Discovery [...]

10
Dec

Chapter 13 Bankruptcy Co-Debtor Stay

Simon PLC Attorneys & Counselors – November 2019 Memorandum Chapter 13 Bankruptcy Co-Debtor Stay Bloomfield [...]

11
Nov

Creditor Considerations as New York Legislature Passes New Limits on Confessions of Judgment

Simon PLC Attorneys & Counselors – October 2019 Memorandum Creditor Considerations as New York Legislature [...]

11
Oct

Simon PLC Attorneys & Counselors – September 2019 Memorandum Mortgage Servicing Rules: Small Servicer Exemption Considerations

Bloomfield Hills, Michigan – In 2010, the Dodd-Frank Wall Street Reform and Consumer Protection Act [...]

23
Sep

Simon PLC Attorneys & Counselors Receivership Case Studies

Simon PLC Attorneys & Counselors Receivership Case Studies Bloomfield Hills, Michigan – Court appointed receiver [...]

12
Aug

Simon PLC Attorneys & Counselors Winners of TMA 2019 “Small Company Transaction of the Year”

[...]

03
Jul

DISCLAIMER

Simon PLC Attorneys & Counselors (“Simon PLC”) has prepared this website (“site”) and the materials within it for general informational purposes only and it is not intended to be, nor should it be interpreted as, legal advice or opinion, or advertising. Review these terms carefully before using this site. By using this site, you indicate your agreement with these terms. If you do not agree to these terms of use, please do not use this site.
Debt Collection. A portion of our practice includes our Firm acting as a debt collector. Communications from our Firm may be attempts to collect a debt and any information obtained may be used for that purpose. If you are a consumer responding to a collection letter or legal process initiated by Simon PLC, you are hereby advised that pursuant to the Fair Debt Collection Practices Act, Simon PLC is a debt collector attempting to collect a debt and any information obtained will be used for that purpose.
Not Legal Advice: Simon PLC expressly disclaims all liability in respect to actions taken or not taken based on any or all the contents of this site. The information on this site may not reflect current legal developments and is provided without any knowledge as to the recipient’s location, industry, identity or specific circumstances. No recipients of content from this site, clients or otherwise, should act, or refrain from acting, on the basis of any content included in the site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the jurisdiction for which the recipient’s legal issue(s) involve. The application and impact of relevant laws varies from jurisdiction to jurisdiction.
Attorney-client Privilege and Relationship. Viewing, interacting or corresponding with this site does not create an attorney-client relationship between you and Simon PLC, nor is it intended to do so. Attorney-client privilege is established only when you sign a representation agreement with Simon PLC. This means that any information you provide us outside of a representation agreement, through this site, email or phone is not protected by attorney-client privilege and does not establish any responsibility or accountability by our Firm. We cannot represent you until we have determined that we do not have a conflict of interest. Do not send us any information about any matter that may involve you until you receive and execute a representation agreement with Simon PLC.
Use of Our Content. Distribution, republication and reproduction of all content on this site is prohibited unless permission is granted by Simon PLC.
Security. We make our best efforts to keep our site as secure as possible in conformity with industry standards. However, there are limitations that all recipients of the information on this site should make themselves aware of.
Links to Other Sites: Some links within the site may lead to other sites. Simon PLC includes these links solely as a convenience to recipients of the information on this site, and does so without endorsing the site or its contents.
No Warranty: This site and its contents are provided “AS IS” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Attorney Advertising and State Specific Rules: Simon PLC does not wish to establish an attorney client relationship with anyone desiring representation based upon viewing this site in a state where this site fails to comply with all laws and ethical rules of that state. Simon PLC is a Michigan Domestic Professional Limited Liability Company established in 2000. References in this site to “Simon”, “Firm” and “Team” refer to that Michigan Domestic Professional Limited Liability Company. The contents of this site may constitute attorney advertising under the laws of various states where our attorneys are also licensed. In the event that the information contained within our site is not in conformity with the law of any state, the Firm is not willing to accept representation of clients residing in that state who select the Firm based on that information. The accessibility of this site in other jurisdictions does not constitute the practice of law by the Firm outside of Michigan, or a representation that attorneys in our Firm are licensed to practice in any other state except as specified. Some of our attorneys are licensed in states in addition to Michigan. Our attorneys do not seek to practice law in states, territories and foreign countries where they are not properly authorized to do so.

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