Mutual Life Insurance Co. of New York v. Carlson

MEMORANDUM**

The district court correctly concluded that there was no genuine issue of material fact precluding summary judgment in this case. Even if it is unclear whether the Small Business Administration (“SBA”) cancelled principal indebtedness in the amount of $53,852 or whether the corrected 1099-C (reflecting $0 discharged) controls, uncontroverted affidavits from the SBA indicate there is still an outstanding balance on the loan of over $100,000. There is no contrary evidence, such as surrender or cancellation of the note or a signed writing by the SBA, indicating an *683intention to…