In re Estate of Hofer

Probate claim filed by bank against executor of decedent’s estate and interested persons pursuant to $129,000 promissory note signed by decedent in 2004. Trial court erred in entering summary judgment. Bank had filed a 2004 IRS Form 1099-C, labelled “Cancellation of Debt”, and issued decedent a copy of it. Filing of Form 1099-C is an acknowledgment by bank that an “identifiable event” has occurred which triggered filing of form. Standard for summary judgment requires that bank prove which of the “identifiable events” triggered its filing of Form 1099-C, and that it was not a discharge under Illinois law .(O’BRIEN and WRIGHT, concurring.)