REVISED JUDICATURE ACT OF 1961
Act 236 of 1961
600.6116 Transfer of debtor's property; duration of restraint.
Sec. 6116.
(1) An order for examination of a judgment debtor may contain a provision restraining the judgment debtor from making or suffering any transfer or other disposition of, or interference with any of his property then held or thereafter acquired by or becoming due to him not exempt by law from application to the satisfaction of the judgment, until further direction in the premises, and such other provisions as the court may deem proper.
(2) Unless previously vacated by order of the court or by stipulation of the parties in writing, a restraining provision as herein provided shall remain in full force and effect for a period of 2 years from the date thereof, at which time it shall be deemed vacated for all purposes unless extended by order of the court for good cause shown.
History: 1961, Act 236, Eff. Jan. 1, 1963
Notes of Decisions
Arbor Farms, LLC v. Geostar Corp., 853 N.W.2d 421 (Mich. Ct. App. 2014).
· cites it 3× “That same day, plaintiffs filed an ex parte motion for a restraining order pursuant to MCL 600.6116, 1 requesting that defendant maintain the status quo and refrain from transferring its assets, including but not limited to exercising its rights as sole shareholder of CBM…”
Comerica Bank v. Esshaki, 314 F. Supp. 3d 832 (E.D. Mich. 2018).
· cites it 4× “§ 600.6116. Defendants will produce the documents requested by Plaintiff, and appear for creditor's examinations under the terms discussed above.”
JPMorgan Chase Bank, N.A. v. Winget (E.D. Mich. 2023).
· cites it 2× “” Mich. Comp. Laws § 600.6104 (5). The Court may also “restrain[] the judgment debtor from making or suffering any transfer or other disposition of, or interference with any of his property then held or thereafter acquired.”
— Mich. Comp. Laws § 600.6116(1) — 2 cases
Arbor Farms, LLC v. Geostar Corp., 853 N.W.2d 421 (Mich. Ct. App. 2014).
“That same day, plaintiffs filed an ex parte motion for a restraining order pursuant to MCL 600.6116, 1 requesting that defendant maintain the status quo and refrain from transferring its assets, including but not limited to exercising its rights as sole shareholder of CBM…”
Comerica Bank v. Esshaki, 314 F. Supp. 3d 832 (E.D. Mich. 2018).
“§ 600.6116. Defendants will produce the documents requested by Plaintiff, and appear for creditor's examinations under the terms discussed above.”
— Mich. Comp. Laws § 600.6116(2) — 1 case
Comerica Bank v. Esshaki, 314 F. Supp. 3d 832 (E.D. Mich. 2018).
“§ 600.6116. Defendants will produce the documents requested by Plaintiff, and appear for creditor's examinations under the terms discussed above.”
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