Patrick E. Catalano - Page 4




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          petition he owned two homes, his San Francisco residence and a              
          second home in San Diego, California.  Petitioner’s San Diego               
          home was sold by the bankruptcy estate for an amount exceeding              
          the outstanding mortgage on the property.                                   
               As a result of the filing of petitioner’s individual                   
          bankruptcy, an automatic stay was imposed against the property of           
          the bankruptcy estate in accordance with 11 U.S.C. sec. 362                 
          (1994).  In December 1994, Wells Fargo moved the bankruptcy court           
          for relief from the automatic stay and requested permission to              
          conduct a trustee’s sale of petitioner’s San Francisco residence.           
          Petitioner opposed the relief from stay on the ground that the              
          property had a value substantially greater than the outstanding             
          debt.  On January 23, 1995, the bankruptcy court granted Wells              
          Fargo’s motion for relief from the stay.                                    
               On March 9, 1995, Wells Fargo filed a Notice of Default on             
          the Deed of Trust on petitioner’s residence.  One day later,                
          petitioner listed his residence for sale with a broker, and on              
          May 8, 1995, petitioner entered into a contract to sell the                 
          property subject to the bankruptcy court’s approval.  Sometime              
          thereafter, the buyer backed out of the sale.                               
               On July 21, 1995, Wells Fargo filed a Notice of Trustee's              
          Sale.  On August 10, 1995, the Trustee under the Deed of Trust              
          conducted a trustee’s sale of petitioner’s residence (the                   
          foreclosure) at which Wells Fargo purchased the property with a             
          bid of $1,215,000.  At foreclosure there remained an outstanding            





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