Southfield Plaza hotel owner files for bankruptcy again

  • February 17, 2023

This second bankruptcy filing also comes on the eve of a key event — an Oakland County Circuit Court judge’s hearing on whether to appoint a receiver, a renewed motion for which Southfield filed in December.

The property has been the site of a fire, various code violation citations and other issues that generally make the city consider it dangerous. The December motion for a receiver says more recent incidents at the property include someone throwing items from the building’s roof, damaging a vehicle. It says people continue to inhabit the property.

Robert Bassel, Shefa’s attorney, said the bankruptcy filing last week was a result not only of the impending hearing on a receivership but also whether his client wanted to continue spending money in a protracted legal battle that has been litigated in several courts over many years.

The result of the Chapter 11 case should be a sale of the property “for the most value” and also to “figure out who gets the proceeds,” Bassel said.

“It’s not to shed debt,” Bassel said, noting that Shefa is current on its property taxes and water and sewer bills.

“It’s basically the reality that this particular asset is worth more value to someone who has a clean slate with the city of Southfield than it does with the current owners. It’s business. Not much more to it. It should be sold for the most value. And the bankruptcy code determines who allocates the proceeds.”

Elhadad has attempted before to sell the property, enlisting the Southfield office of Colliers International Inc. to market it to potential buyers as a redevelopment play, as we reported in April.

One of the side issues has been how the redevelopment of the former Northland Center shopping mall site plays out and, now with construction underway

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Are fees payable for acting as a power of attorney in Ontario?

  • August 11, 2022

The fee scale is currently:

  • 3% of capital and income receipts
  • 3% of capital and income disbursements
  • 0.6% of the annual average value of the assets

These amounts are not guaranteed, however, and they can be decreased or even increased by the court.

According to the Substitute Decisions Act, compensation may be taken monthly, quarterly or annually. You should contact the current attorney for property to raise this with them as a starting point.

Even if it has been a long time since you acted, Audrey, there may not be a limitation period to worry about. In terms of citing a precedent for this, Armitage v. The Salvation Army, 2016 ONCA 971 involved an application for compensation in 2013 for acting as an attorney as far back as 1990, 23 years prior to the request.

Specifically, the judge found that the two-year limitation period under the Limitations Act “does not apply because compensation for an attorney for property through the passing of accounts process does not constitute a ‘claim’ within the meaning of the Limitations Act, 2002. ”

An attorney for personal care can make a request for compensation to an attorney for property. There is no fee scale as is the case with an attorney for property. The request should be reasonable given the circumstances.

It bears mentioning that an attorney for property or personal care is not required to act and can decline or resign. It is an important reason to make sure you speak to someone before naming them in an estate document like a POA or a will.

Power of attorney fees and taxes in Ontario

Fees payable to an attorney are considered taxable income. If you are not in the business of providing POA services, the income should be reported on a

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