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Finance & Bankruptcy Law News

June 1, 2021

In this issue:



   Property Tax Statement with Glasses   

Recovering Surplus Proceeds from Property Tax Foreclosure

Stephen W. Smith

Prior to July 17, 2020, some governmental units in Michigan retained any surplus monies received from their property tax foreclosure sales.

However, in its decision that day in Rafaeli, LLC v. Oakland County, the Michigan Supreme Court upended that practice, declaring that the retention of tax foreclosure proceeds beyond those necessary to satisfy unpaid taxes, interest, penalties, and fees constituted a taking of a vested property right in violation of the Michigan Constitution...

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Supreme Court Holds that “Mere Retention” of Estate Property After Bankruptcy Filing Doesn't Violate the Automatic Stay

Patricia J. Scott

On January 14, 2021, the U.S. Supreme Court decided City of Chicago, Illinois v. Fulton (Case No. 19-357, Jan. 14, 2021), a case which examined whether merely retaining estate property after a bankruptcy filing violates the automatic stay provided for by §362(a) of the Bankruptcy Code. The Court overruled the bankruptcy court and U.S. Court of Appeals for the Seventh Circuit in deciding that mere retention of property does not violate the automatic stay...

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   Patricia Scott

Patricia J. Scott

Patricia Email  Patricia Phone




What can Employers Expect Returning to Work?

June 9, 2021

After a year-plus of remote working, there is much uncertainty of what policies employers can and can’t enforce.

This month’s virtual 2nd Wednesday Morning Break features moderator Patricia Scott interviewing fellow attorney Cliff Hammond on some of the policy concerns that Michigan employers, businesses and HR personnel may have with employees returning to in-person work at full capacity such as:

  1. Are employees required to report to work now that the feasibility requirement for in-person work has been removed by MIOSHA?
  2. How should employers deal with employees who have a medical issue working in the office?
  3. Can employers fire employees who will not work in-person?
  4. Are there any specific COVID rules still in force now?
  5. Should we expect changes in workplaces and from the State, if so what type of changes?

Interested in learning more? Registration information is below.

Date: Wednesday, June 9, 2021 from 9:00 – 9:30 am
Fee: No Charge

As this is a Zoom townhall session, registrants will have the opportunity to ask questions during the discussion. Hammond recently appeared on the Michigan Business Network to discuss some of the above concerns with employees returning to work. See the full interview here.







Grand Rapids






St Joseph


Foster Swift Collins & Smith, PC E-Newsletters are intended for general information for our clients and friends. This newsletter highlights specific areas of law and is not legal advice. The reader should consult an attorney to determine how this information applies to any specific situation.

IRS Circular 230 Notice: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication.

Copyright © 2021 Foster Swift Collins & Smith, PC.

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