- 3 - By notice served May 11, 2005, this case was set for trial in Knoxville, Tennessee, on October 17, 2005. On July 19, 2005, respondent filed a Motion for Summary Judgment and a Memorandum in Support of Motion for Summary Judgment. Attached to the memorandum were records of GMAC concerning petitioner’s account with GMAC. Those records of GMAC include correspondence sent to GMAC by petitioner in response to GMAC’s demand on him dated December 21, 2001. For example, by document dated February 12, 2002, petitioner made a “good faith Offer to pay off in full the alleged debt to GMAC.” Petitioner further demanded “verification” of the debt and contended that the debt would be discharged if GMAC did not comply with petitioner’s demands. In a document dated April 1, 2002, petitioner claimed that, by reason of GMAC’s alleged default, petitioner’s debt “is now fully discharged and that you will not make any credit reporting that adversely affects me without incurring a major commercial liability.” In respondent’s Motion for Summary Judgment, respondent asserts: 8. The exhibits to the respondent’s memorandum of law show plainly that the petitioner, in his correspondence with GMAC, has taken the position that the debt was cancelled. There is no dispute as to the fact that GMAC cancelled a debt in 2002 and the petitioner has failed to raise any exceptions to the taxability of the cancelled debt.Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011