Patrick E. Catalano - Page 8




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          Court, the latter court dismissed the petition on the ground that           
          the relief sought was within the exclusive jurisdiction of the              
          bankruptcy court.  The Court of Appeals for the Ninth Circuit               
          reversed, holding that by lifting the automatic stay, the                   
          bankruptcy court relinquished any subject matter jurisdiction it            
          had over the lessee’s right to seek reinstatement of the lease.             
          See id. at 861.5  Venue for an appeal of the instant case would             
          be the Ninth Circuit.  We hold that the relief from stay as to              
          petitioner’s residence was an abandonment whereby the property              
          effectively reverted to petitioner.  As a result, petitioner, and           
          not the bankruptcy estate, must take into account the tax                   
          consequences of the foreclosure of petitioner’s residence.                  
               b.   Amount of Interest Deemed Paid                                    
               Petitioner asserts that because the fair market value of his           
          residence at the time of the foreclosure was higher than the                
          principal and interest due, he was deemed to have paid the                  
          accrued mortgage interest in the foreclosure sale.  Respondent              
          counters that the fair market value of petitioner’s residence was           
          less than the outstanding mortgage principal, and thus the                  
          foreclosure produced no proceeds that could be allocated to an              
          interest payment.                                                           


               5Moreover, in granting the relief from stay in the present             
          case, the bankruptcy court rejected petitioner’s argument that              
          his residence had equity which could be recovered by the estate.            
          See In re Olympia Holding Corp., 161 Bankr. 524, 528 n.4 (M.D.              
          Fla. 1993) (a bankruptcy court loses jurisdiction over property             
          upon the lifting of the stay “when there is no possibility a                
          surplus will remain”).                                                      



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