Scott Mancinelli's Legal Cases (3)

Debt collection

MACATAWA BANK v. WIPPERFURTH,

Nov 08, 2011

OUTCOME: Because the defendants were domiciled in Florida, the court held that the IRA was not 'located within the boundaries of Michigan' and could not be garnished.

The court considered whether a bank could garnish an individual retirement account (IRA) in Michigan when the owners of the account did not reside in Michigan. In this case the bank obtained a judgment ... in Michigan against the defendants, who reside in Florida. The defendants have several IRAs with TD Ameritrade that are sufficient to satisfy the judgment, so the Bank filed a Request for Garnishment naming TD Ameritrade as the garnishee. The defendants argued that the IRAs were exempt from garnishment under Michigan law because they constitute intangible personal property, which is located in the state in which the owner is domiciled.

Chapter 7 bankruptcy

In re: Martin. United States v. Brae Asset Fund, et al. (U. S. District Court Western District of Michigan)

Apr 10, 2010

OUTCOME: Won in bankruptcy court and affirmed on appeal to the District Court.

Successfully challenged IRS priority claim in debtors Chapter 7 liquidation by showing that debtor had incurred the claim through fraudulently attempting to avoid paying his income taxes by creating a ... sham church to hide his ponzi scheme income. The first such case in the country that the IRS lost. Helped client the primary creditor recover several hundred thousand dollars where it otherwise would have received nothing. (Lawyers Weekly No. 03-72774) (11 pages) (Jonker, J.) See: http://www.allbusiness.com/legal/tax-law-income-tax/14290027-1.html#ixzz1ntBumBHU

Banking

Cadle Co. v. City of Kentwood, 285 Mich. App. 240 (Mich. Ct. App. 2009)

Jul 30, 2009

OUTCOME: MCL 600.8407(1) precludes the assignment or sale of small claims judgments

Bank sold small claims judgment in bulk to debt buyer along with other accounts. Debt buyer sought to process assignment of judgments. Case of first impression.

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