Who is the Financial Institution Team?

Frank R. Simon founded the firm and formed the Financial Institution Team in 1998. He left one of Michigan's largest law firms with a commitment to provide quality, aggressive, cost-effective, result-oriented legal services to financial institutions. When the Team started, there was one other attorney. The Team continues to grow. The Financial Institution Team has distinguished itself from other banking firms by focusing on personal, quality service, with the ultimate goal of achieving cost-effective results for the client.

Mission Statement

The Financial Institution Team's mission is to provide superior quality and creative legal solutions with a personal touch and a result-oriented approach to matters. The Team will act as a partner with respect to a client's goals and business decisions. We will earn each client's loyalty and trust through honesty, open communication, responsiveness, cost-effective results, and hard work. Our goal will be to exceed our clients' expectations in every aspect.

Vision Statement

The Financial Institution Team will continue to unite aggressive, hard working, responsive, skilled attorneys and legal staff who all share the desire to exceed and provide cost-effective results for our clients under a cooperative and rewarding environment. Our vision is to become a full service National Banking Firm that exceeds our clients expectations.

Values

The Financial Institution Team is a unique group of talented attorneys and support staff who share a commitment to:

• open, honest communication within the firm;
• a setting where each attorney and support staff member becomes an important part of the Financial Institution Team;
• a setting where each person plays a key role in the success of the Team;
• a setting which encourages and rewards the contribution of each person's own strength and experience;
• an aggressive, cost-effective, and result-oriented approach with personal and superior service in all legal matters;
• uphold legal ethics, mutual respect, honesty, and trust in dealings within the firm and all clients of the firm; and
• a setting where everyone continues to find opportunities to better the Team and the firm.

Our Financial Institutions Legal Team specializes in servicing banks and financial institutions. Our highly skilled team is committed to serving your needs and brings a unique combination of expertise and industry knowledge in the following areas:

• Commercial Lending Litigation
• Loan Workouts and Bankruptcies on Behalf of Creditors
• Loan Documentation
• Consumer Lending/Collections
• Bank Litigation
• Secured Creditors Rights
• Unsecured Creditor's Rights
• Mortgage Foreclosures and Collections
• Lender Liability Defense
• Uniform Commercial Code (UCC) Issues
• Negotiable Instruments-Check Cases

Simon PLC focuses on personal client service. We are aggressive and determined to get you results!

For more information, please contact Frank R. Simon 

Financial Institutions' Team

Frank R. Simon

Position: Managing Member.
Admitted to bar: 1996, Michigan, U.S. District Court, Eastern District of Michigan, and U.S. District Court Western District of Michigan; 2006, The U.S. District Court for the District of Columbia, District of Columbia Court of Appeals; 2007, New York; 2007, Illinois.
Education: Graduate Degree in Banking, Graduate School of Banking, University of Wisconsin (8/2003); University of Detroit School of Law (J.D., 1995). Managing Editor, Michigan Business Law Journal, 1994-1995. University of Michigan (B.A., with distinction, 1991);
Member: State Bar of Michigan, District of Columbia Bar, New York Bar, State of Illinois Bar, American Bankruptcy Institute, Michigan Banker's Association.
Selected For: Michigan Super Lawyers, 2010 and 2009; Michigan Rising Stars, 2008.
Practice Areas: Commercial Litigation; Bank Foreclosure and Collection; Creditors Rights; Banking Litigation; Uniform Commercial Code (UCC); Insolvency Proceedings; Workouts; Loan Documentation, and Negotiable Instrument Law (check cases). Mr. Simon has practiced before nearly all of the district and circuit courts in Southeastern Michigan. He is a member of the State Bar of Michigan. He is also a member of the Michigan Bankers Association, the Michigan Association of Community Bankers, and Commercial Law League of America.
Other: Author of:"The Unique Approach to Bank Litigation, Foreclosures, Collections, and Insolvencies - Gets Results", the Michigan Bankers Magazine. Speaker for the 2010 Indiana Bankers Association Mega Conference. Adjunct Professor at the Graduate School of Banking (2009 session).

F. Brett Baccari

Position: Associate.
Admitted to Bar: 2004, The Florida Bar; 2006, State Bar of Texas; 2011, State Bar of Michigan, U.S. District Court, Eastern District of Michigan; U.S. District Court, Southern District of Florida; U.S. District Court, Southern and Western Districts of Texas.
Education: University of Michigan (B.A. Political Science, 2000); University of Miami School of Law (J.D., 2004).
Member: State Bar of Michigan; The Florida Bar; State Bar of Texas; State Bar of Michigan Litigation Section; State Bar of Michigan Consumer Law Section; Austin Bar Association; Austin Young Lawyers Association; Austin Criminal Defense Lawyers Association; Williamson County Bar Association.
Practice Areas: Commercial Litigation, Creditors' Rights and Banking Litigation, Collections, Bankruptcy.
Pro Bono Activities: Volunteer Legal Services of Central Texas (VLS); Asylum Project of Austin (PAPA); Austin LegalLine; Habitat for Humanity.
Other: Northwestern University School of Law Mock Trial Institute.

Robert S. Berg

Position: Senior Attorney.
Admitted to Bar: 1976, State Bar of Michigan, U.S. District Court, Eastern District of Michigan.
Education: University of Michigan (B.A., 1971); Detroit College of Law (J.D.,1976).
Member: State Bar of Michigan.
Practice Areas: Commercial Loan Documentation, Participation Agreements, Workouts, Foreclosures.
Academic Credentials: Tenured Associate Professor in the undergraduate legal studies program at the University of Detroit-Mercy since 1985. Recipient of the University of Detroit-Mercy's President's Award for Faculty Excellence. Adjunct Professor at the University of Detroit-Mercy School of Law teaching Commercial Real Estate Law.
Other Experience: Served as an expert witness in numerous real estate litigation matters; appointed Arbitrator by the Wayne County Circuit Court and Federal District Court on several real estate matters; served as Special Fiduciary for Macomb County Probate Court in various probate matters involving disputes as to real estate valuations for various estates that were being handled by Court appointed Conservators. Made finding of fact and conclusions of law for the Probate Court to use in settling disputes.

Daniel J. Feko

Position: Senior Attorney.
Admitted to bar: 1998, Michigan; 2000, Ohio; U.S. District Court, Eastern and Western Districts of Michigan; 1999, United States Court of Appeals for the Sixth Circuit.
Education: Northern Michigan University (BS, 1994); University of Detroit Mercy . School of Law (J.D. 1998).
Member: State Bar of Michigan.
Practice Areas: Commercial Litigation; Collections; Bankruptcy.

Timothy W. Ferrel

Position: Senior Attorney.
Admitted to bar: 1991 Michigan, U. S. District Court Eastern District of Michigan and U.S. District Court Western District of Michigan.
Education: University of Detroit School of Law (J.D. cum laude 1991); Michigan State University (B.S. 1979).
Member: State Bar of Michigan, Oakland County Bar Association, State Bar of Michigan Environmental Law Section and Real Property Law Section.
Practice Areas: Environmental Law Compliance and Litigation; OSHA Compliance; Commercial Transactions; Construction Lien Law; Collections; Civil Litigation.

Kathleen L. Ford

Position: Of Counsel, Chicago Office.
Admitted to Bar: 2002, Illinois; 2005, U.S. District Court, Northern District of Illinois.
Education: Valparaiso University School of Law (J.D. 2002); Miami University (B.S. 1999).
Practice Areas: Commercial Litigation, Creditors' Rights, Collections.
Other: Ms. Ford has first chaired numerous jury trials to verdict in the area of insurance defense law and is a former Assistant Attorney General for the State of Illinois. She is also a Certified Arbitrator for the Circuit Court of Cook County, Illinois.

John D. Gwyn

Position: Senior Attorney.
Admitted to bar: 1990, State Bar of Michigan and U.S. District Court, Eastern District of Michigan.
Education: University of Michigan (B.A., 1986; Detroit College of Law (J.D., 1990).
Member: State Bar of Michigan (Member, Consumer and Bankruptcy sections); Macomb Bar Association; Commercial Law League. American Bankruptcy Institute
Practice Areas: Bankruptcy; Collections; Creditors Rights and Banking Litigation; Commercial Litigation; Negotiable Instruments; Uniform Commercial Code (UCC); Construction Lien Foreclosures; Bank Foreclosure and Litigation; Fair Housing Litigation; Fair Credit Reporting Act (FCRA) Compliance; Fair Debt Collections Practice Act (FDCPA) Compliance.
Affiliations: Mr. Gwyn is a former Chairperson of the Young Lawyers Section (YLS) of the Macomb County Bar Association (MCBA) and was a recipient of the 1997-1998 MCBA Special Service Award. Former Vice-Chairperson of the Continuing Legal Education Section of MCBA and a member of the Pro Bono division of the Macomb County Legal Aid Bureau.

Gary A. Hansz

Position: Senior Attorney.
Admitted to bar: 1993, State Bar of Michigan and U.S. District Court, Eastern and Western District of Michigan, United States Bankruptcy Court Eastern and Western District of Michigan.
Education: University of Detroit School of Law (J.D. cum laude, 1992), Wayne State University (B.A. with distinction, 1979)
Member: State Bar of Michigan, Oakland County Bar Association, American Bankruptcy Institute.
Practice Areas: Commercial litigation, foreclosure, creditors' rights, collections, business and consumer bankruptcy and bankruptcy avoidance actions and litigation, insolvency and workouts.

Rick Kalisher

Position: Senior Attorney.
Admitted to bar: 1978, State Bar of Michigan.
Education: Wayne State University Law School (J.D., 1978), Wayne State University (B.A. with distinction, 1975)
Member: State Bar of Michigan; Past Chair, Section of Antitrust and Franchising.
Practice Areas: Commercial lending, Real Estate, Franchising.

Robert M. McCartin

Position: Of Counsel.
Admitted to Bar: New York, and U.S. Southern and Eastern Districts of New York, 1992.
Education: College of the Holy Cross, Worcester, MA (B.A. 1988); George Washington University School of Law, Washington D.C. (J.D., 1991).
Member: State Bar of New York.
Practice Areas: Commercial Litigation and Arbitration with emphasis on complex litigation; Creditor's Rights; Debt Recovery; Bankruptcy.

Craig T. Mierzwa

Position: Senior Attorney.
Admitted to Bar: 1997, New York; 1998, Southern and Eastern Districts of New York; 2009, State Bar of Michigan.
Education: University of Michigan (B.A. Japanese and Asian Studies, 1993; Michigan State University College of Law (J.D., 1997).
Member: Association of the Bar of the City of New York.
Languages: Japanese.
Practice Areas: Commercial Litigation and Arbitration with emphasis on complex litigation; Creditor's Rights; Debt Recovery; Bankruptcy.

Steven A. Morris

Position: Senior Attorney.
Born: London, England, May 13, 1973;
Admitted to Bar: 1999, Michigan, U.S. District Court.
Education: Kalamazoo College (B.A., in Political Science, 1995); Detroit College of Law at Michigan State University (J.D., 1998).
Member: State Bar of Michigan.
Languages: Spanish.
Practice Areas: Commercial Litigation; Collections; Creditors Rights and Banking Litigation.

Marjan Neceski

Position: Senior Attorney.
Admitted to Bar: 1996, New York; 1998, Ontario, Canada; 2006, Michigan; 2007, Ohio, U.S. District Court Western District of New York; 2002, U.S. District Court Northern District of New York; 2005, U.S. District Court of Northern District of Ohio; 2006, U.S. District Court of Eastern District of Michigan; 2006, Sixth Circuit Court of Appeals.
Education: University of Toledo College of Law (1995, J.D.); University of Windsor, Faculty of Science (1992, M.A. Economics); Wilfrid Laurier University, School of Business and Economics (1992, Honors B.A., Economics).
Member: State Bar of Michigan; State Bar of Ohio; Toledo Bar Association; American Bar Association; National Association of Railroad Trial Counsel.
Practice Areas: Corporate Litigation, Commercial Litigation, Banking Litigation, Transportation Law and Litigation, Workouts, Collections (Michigan, New York and Ohio).
Community Service and Awards: Wood County Economic Development Commission (2009, Associate Member); Canada-U.S. Business Association (2007 to present); University of Toledo Medical Center Stroke Program Fundraising Committee (2009 to present); University of Toledo College of Medicine Minority Scholarship Committee (2009 to present); National Association of Railroad Trial Counsel Diversity Committee (2007 to present).
Recent Highlights, Successes and Other Experience:
*Co-Counsel in successful enforcement of corporate client/importer's rights under Federal Lanham Act and Ohio Deceptive Trade Practices Act, for failure of client's competitor to label imported products with country of origin, resulting in Judgment of $1,150,000, plus associated attorneys' fees and costs (apx $500,000). Client further protected by placement of a Permanent Injunction against the violating importer.
*Successful repeated defense of multi-million class action flood cases against Fortune 500 client. Acted as lead counsel, organized and maintained cooperation between six co-defendants with conflicting interests to avoid potential infighting and secure united defense front.
*Successful defense of a multi-million dollar personal injury and property damage case, and prosecution of a cross-collection action for property damage, involving a grade crossing accident between a train and a semi-truck hauling a multi-ton portable rock crushing plant. The railroad client's cross-claims were settled in the amount of $510,000.
*Appeared as expert witness and presented position papers before a Canadian parliamentary subcommittee studying the effect of NAFTA on sports and culture in Canada.
*Numerous summary judgment and other dispositive motion successes on behalf of corporate clients.

Melgene C. Shoemake

Position: Senior Attorney
Admitted to Bar: 2001, Michigan; Eastern District of Michigan and Sixth Circuit; 1994, New York; Western, Northern, Southern and Eastern Districts of New York.
Education: University of Michigan- Ann Arbor (B.A. Economics and Political Science, 1990); Albany Law School (J.D. 1993).
Member: State Bar of Michigan.
Speaker: New York State Bar Association Program on Collections and the Enforcement of Money Judgments (1998); Lorman Education Services Program on Collections and Enforcement of Money Judgments in Michigan (2001).
Practice Areas: Commercial Litigation, Creditor's Rights, Collections, Debt Recovery, Real Estate, Title Resolutions, Appeals.

Henry Stancato

Position: Senior Attorney and Litigation Practice Group Leader.
Admitted to Bar: Michigan State Courts and United States District Court (E D Mich)--1978; United States Court of Appeals for the Sixth Circuit--1986.
Education: Brandeis University (B.A. cum laude in Philosophy and History of Ideas 1974); Wayne State University Law School (J.D., 1978).
Member: State Bar of Michigan; Michigan Trial Lawyers Association; Wayne County Probate Association; Detroit Metropolitan Bar Association; Wayne State University Alumni Association.
Practice Areas: Commercial litigation with a focus on representing financial institutions in loan workouts, debt collection and bankruptcy proceedings; Fair Housing litigation.
Awards: 1998 Distinguished Services Award, Fair Housing Center of Metropolitan Detroit.
Lecturer: Fair Housing law; litigation skills; legal issues for non-profit organizations.

David A. Stephan

Position: Senior Attorney.
Admitted to Bar: Colorado, 1988; Texas, 1990; District of Columbia, 1990.
Education: University of Denver College of Law (J.D. 1988); Trinity University (B.A. 1985).
Member: State Bar of Texas, Dallas Bar Association, State Bar of Colorado, District of Columbia Bar, U.S. Court of Appeals for the Fifth Circuit, U.S. District Courts for the Eastern Northern, Southern and Western Districts of Texas, U.S. District Court for the District of Arizona.
Practice Areas: Commercial litigation,creditors' rights, collections, bank litigation, workouts, foreclosures, real estate litigation, employment law, construction law.
Other: Law Clerk to Honorable Robert B. Maloney, United States District Judge, Northern District of Texas, 1988-1990.

John P. Tragge

Position: Senior Attorney.
Admitted to Bar: 1992, State Bar of Michigan; U.S. District Court, Eastern District of Michigan; U.S. Court of Appeals for the Sixth Circuit.
Education: Michigan State University (B.A., James Madison College, 1989); University of Detroit School of Law (J.D., 1992).
Member: State Bar of Michigan; Detroit-Metropolitan Bar Association; American Bankruptcy Institute.
Practice Areas: Litigation, with an emphasis on complex commercial litigation, bankruptcy, loan workouts, creditors rights and commercial fraud; fair housing and civil rights litigation.

David F. Wells

Position: Senior Attorney.
Admitted to Bar: 1992, State Bar of Michigan; U.S. District Court, Eastern District of Michigan; U.S. Court of Appeals for the Sixth Circuit.
Education: Wayne State University (B.A.,1989); University of Detroit School of Law (J.D., 1992). Published Member of the University of Detroit Law Review, 1991-1992.
Member: State Bar of Michigan.
Practice Areas: Complex Litigation, commercial loan workouts, creditors' rights, bank litigation, collections.

Our team will "SIMON-EYES" your files with their:

1. KNOWLEDGE - Our attorneys and staff are knowledgeable in the banking industry. Our Team includes attorneys who have been representing banks for numerous years. Frank Simon is enrolled in the Graduate School of Banking at the University of Wisconsin to further enhance his knowledge of banking.

2. SKILL & EXPERIENCE - The Financial Institution Team consists of highly experienced attorneys who skillfully represent financial institutions.

3. JUDGMENT - Our attorneys possess superior judgment and understand the strategy and decision making process on a case by case basis. We understand when business decisions need to be made instead of legal decisions. We understand when economic decisions need to be made, and we also understand when decisions need to be made on principle.

4. REPUTATION - The Team's reputation speaks for itself. We have obtained our banking clients by word of mouth, as evidenced in the testimonial letters we have on file for your review.

5. SPEED - The policy instituted by Frank Simon is that any and all files received in our office must be reviewed within two days of receipt and usually investigations are conducted and demand letters sent out within the first two days. We have an in-house process server/runner available to pick up files and file suit at a moments notice.

6. ACCESSIBILITY - All clients are invited to call, e-mail or fax the attorneys and are provided with the office and cell phone numbers of the attorneys.

7. RESPONSIVENESS - It is our policy that a client's telephone call is returned the same day and no later than 24 hours. We welcome and invite any comments or questions and respond to the same immediately. We will provide you with daily and monthly updates on all your matters at no charge. According to the American Corporate Counsel Association, it is reported that 33% of corporations fire outside law firms for lack of responsiveness.

8. RESULTS - "Results" is one of our main objectives. We have built our reputation on obtaining results for our clients. We seek to obtain all attorney fees and costs incurred on a file, in addition to the debt. It is not good enough that we are experienced and knowledgeable lawyers, obtaining results for you must be the ultimate objective. According to the American Corporate Counsel Association, it is reported that 22% of corporations fire outside law firms for lack of results.

9. GUARANTY - Frank R. Simon personally guarantees your satisfaction and promises to "Simon-Eyes" your files.