Stangel v. United States (In Re Stangel), 219 F.3d 498 (5th Cir. 2000). · Go Syfert
Stangel v. United States (In Re Stangel), 219 F.3d 498 (5th Cir. 2000). Cases Citing This Book View Copy Cite
“when the district court lacks jurisdiction over an appeal from a bankruptcy court, this court lacks jurisdiction as well.”
43 citation events (43 in the last 25 years) across 22 distinct courts.
Strongest positive: Automation Support, Inc. v. Becky Wallace (ca5, 2020-03-03)
Treatment trajectory · 2001 → 2026 · click a year to view as-of
2001 2013 2026
Top citers, strongest first. 29 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Automation Support, Inc. v. Becky Wallace
5th Cir. · 2020 · signal: cf. · quote attribution · 1 verbatim quote · confidence high
when the district court lacks jurisdiction over an appeal from a bankruptcy court, this court lacks jurisdiction as well.
discussed Cited as authority (rule) Al-Omar v. Exco Services
5th Cir. · 2022 · confidence medium
We have held that “[w]hen the district court lacks jurisdiction over an appeal from a bankruptcy court, this [c]ourt lacks jurisdiction as well.” In re Berman-Smith, 737 F.3d 997, 1003 (5th Cir. 2013) (quoting In re Stangel, 219 F.3d 498, 500 (5th Cir. 2000)).
discussed Cited as authority (rule) Al-Omar v. Exco Services
5th Cir. · 2021 · confidence medium
“When the district court lacks jurisdiction over an appeal from a bankruptcy court, this Court lacks jurisdiction as well.” Id. at 1000 (quoting Stangel v. United States (In re Stangel), 219 F.3d 498, 500 (5th Cir. 2000)).
discussed Cited as authority (rule) Scott v. American Security Insurance Co. (In re Scott)
Bankr. S.D.N.Y. · 2017 · confidence medium
Miss. 1992) (analyzing case law and agreeing with rationale of those courts “in deciding that the .chapter 13 debtor does not have the power to seek avoidance under Sections 544 and 545 of the Bankruptcy Code.”). 41 Cf. Stangel v. United States (In re Stangel), 219 F.3d 498, 501 (5th Cir. 2000) (finding that based upon the plain language of the statute, chapter 18 debtor does not have standing to bring avoidance action under section 545 of the Bankruptcy Code).
cited Cited as authority (rule) Charles Smith v. C. Gartley
5th Cir. · 2014 · confidence medium
Stangel v. United States (In re Stangel), 219 F.3d 498, 500 (5th Cir. 2000).
cited Cited as authority (rule) Charles Smith v. C. Gartley
5th Cir. · 2014 · confidence medium
Stangel v. United States (In re Stangel), 219 F.3d 498, 500 (5th Cir. 2000).
cited Cited as authority (rule) Charles Smith v. C. Gartley
5th Cir. · 2014 · confidence medium
Stangel v. United States (In re Stangel), 219 F.3d 498, 500 (5th Cir. 2000).
cited Cited as authority (rule) Charles Smith v. C. Gartley
5th Cir. · 2013 · confidence medium
Stangel v. United States (In re Stangel), 219 F.3d 498, 500 (5th Cir.2000).
discussed Cited as authority (rule) In re Turner
Bankr. D.C. · 2013 · confidence medium
Co. v. Miller & Smith Holding Co., 14 F.3d 213 , 220 (4th Cir.1994); Stangel v. United States (In re Stangel), 219 F.3d 498, 501 (5th Cir.2000); Hansen v. Green Tree Servicing, LLC (In re Hansen), 332 B.R. 8 (10th Cir. BAP 2005); but see Houston v. Eiler (In re Cohen), 305 B.R. 886, 897 (9th Cir. BAP 2004). .
discussed Cited as authority (rule) Mouton v. Toyota Motor Credit Corp. (In re Mouton)
Bankr. E.D. Ark. · 2012 · confidence medium
Hansen v. Green Tree Servicing LLC (In re Hansen), 332 B.R. 8 , 11 n. 14 (10th Cir. BAP 2005) (citing In re Knapper, 407 F.3d 573, 583 (3d Cir.2005) (Chapter 13 debtor could not invoke § 544(b)(1); the avoidance power belongs to the trustee); In re Stangel, 219 F.3d 498, 501 (5th Cir.2000) (Chapter 13 debtors lacked standing to bring a § 545 avoidance action); LaBarge v. Benda (In re Merrifield), 214 B.R. 362, 365 (8th Cir. BAP 1997) (only the trustee has avoidance power under § 548); Estate Constr.
discussed Cited as authority (rule) Smith v. One West Bank, FSB (In Re Smith)
Bankr. M.D. Penn. · 2011 · confidence medium
In re Stangel, 219 F.3d 498, 501 (5th Cir.2000); Cable v. Ivy Tech State College, 200 F.3d 467, 474 , 200 F.3d 467 (7th Cir.1999) (“It would invite abuse to allow debtors to avoid transfers that the debtor knew at the time of transfer would work to the detriment of the creditors.”); Estate Constr.
discussed Cited as authority (rule) Dawson v. Thomas (In Re Dawson) (2×)
D.D.C. · 2008 · confidence medium
Co. v. Union Planters Bank, N.A., 530 U.S. 1, 13-14 , 120 S.Ct. 1942 , 147 L.Ed.2d 1 (2000) (holder of administrative claim may not seek surcharge of a secured creditor’s collateral when § 506(c) vests the power to surcharge in only the trustee); Stangel v. United States (In re Stangel), 219 F.3d 498, 501 (5th Cir.2000) (trustee’s avoidance power, which is not property of the estate to which §§ 363 and 1303 apply, 26 was not conferred on a chap *28 ter 13 debtor except in the limited circumstances specified by 11 U.S.C. § 522 (h)).
discussed Cited as authority (rule) Salaymeh v. Plaza Centro LLC (In re Salaymeh)
Bankr. S.D. Tex. · 2007 · confidence medium
However, the Code does not give chapter 13 debtors the general powers of a trustee. 11 U.S.C. § 1303 (granting a chapter 13 debtor only limited rights and powers of a trustee); In re Stangel, 219 F.3d 498, 501 (5th Cir.2000); In re Hamilton, 125 F.3d 292, 295-96 (5th Cir.1997); In re Bruce, 96 B.R. 717, 721 (Bankr.
discussed Cited as authority (rule) Carrasco v. Richardson (In Re Richardson)
Bankr. S.D. Florida · 2004 · confidence medium
Stangel v. Powers (In re Stangel), 219 F.3d 498, 501 (5th Cir.2000), ce rt. denied, Stangel v. United States, 532 U.S. 910 , 121 S.Ct. 1240 , 149 L.Ed.2d 147 (2001) (holding that Chapter 13 debtors do not have standing to assert the trustee’s strong arm powers, relying on Hartford Underwriters Ins.
cited Cited as authority (rule) Cybergenics Corp v. Chinery
3rd Cir. · 2002 · confidence medium
S 545 (2), which includes the operative phrase "the trustee may." In re Stangel, 219 F.3d 498, 501 (5th Cir. 2000).
discussed Cited as authority (rule) Wilkins v. State Farm Mutual Automobile Ins. Co.
Tex. App. · 2001 · confidence medium
Fed.R.Bankr.P. 8002(a); Stangel v. United States (In re Stangel), 219 F.3d 498, 500 (5th Cir.2000), cert. denied, - U.S. -, 121 S.Ct. 1240 , 149 L.Ed.2d 147 (2001); cf. In re Smith Corset Shops, Inc., 696 F.2d 971, 977 (1st Cir.1982) (finding notice of appeal timely where it was filed within 10 days of court’s clarifying letter, where letter was deemed to constitute “final judgment,” not memorandum and order entered nearly three months earlier).
discussed Cited as authority (rule) In Re Scott
Bankr. D.S.C. · 2001 · confidence medium
Stangel v. U.S. (In re Stangel), 219 F.3d 498, 501 (5th Cir.2000) (holding that debtor lacked standing to seek avoidance of IRS’ tax liens pursuant to § 545(2)); Miller v. Brotherhood Credit Union (In re Miller), 251 B.R. 770, 772 (Bankr.D.Mass.2000) (“I find persuasive those eases which do not permit a Chapter 13 debtor to bring an independent avoidance action.
examined Cited "see" Muecke v. Olson (3×) also: Cited "see, e.g."
5th Cir. · 2006 · signal: see · confidence high
See Stangel, 219 F.3d at 500 . 1 The bankruptcy court’s dismissal of Muecke’s Chapter 13 bankruptcy occurred on July 30, 2004.
discussed Cited "see" Hansen v. Green Tree Servicing, LLC (In Re Hansen)
10th Cir. BAP · 2005 · signal: see · confidence high
See In re Stangel, 219 F.3d 498, 501 (5th Cir.2000) (per curiam) (Chapter 13 debtors lacked standing to bring a § 545 avoidance action.); In re Merrifield, 214 B.R. 362, 365 (8th Cir. BAP 1997) (Trustee has exclusive avoidance power under § 548.); In re Knapper, 407 F.3d 573, 583 (3rd Cir.2005) (Chapter 13 debtor could not invoke trustee's strong-arm powers and avoid transfers of property under § 544(b)(1); the right belongs to the trustee.); Estate Constr.
discussed Cited "see" Bell v. Instant Car Title Loans (In Re Bell)
Bankr. N.D. Ga. · 2002 · signal: see · confidence high
See In re Stangel, 219 F.3d 498 (5th Cir.2000) (Chapter 13 debtor lacks standing under 11 U.S.C. § 545 ); In In re Merrifield, 214 B.R. 362, 365 (8th Cir. BAP 1997) (Chapter 13 debtor lacks standing to pursue avoidance action because "statutory language of § 548 expressly confers avoidance powers exclusively on the trustee.”); In re Miller, 251 B.R. 770 (Bankr.D.Mass.2000) (Debtor lacks standing to bring avoidance action under 11 U.S.C. § 547 ); In re Cardillo, 169 B.R. 8 (Bankr.D.N.H.1994) (Debtor lacks standing to bring avoidance action under 11 U.S.C. § 547 ); In re Pilgreen, 161 B.R.…
discussed Cited "see, e.g." Kalesnik v. HSBC Bank USA, National Ass'n (In re Kalesnik) (2×)
Bankr. D. Mass. · 2017 · signal: see, e.g. · confidence low
See, e.g., Stangel v. United States (In re Stangel), 219 F.3d 498 (5th Cir. 2000); In re Hansen, 332 B.R. 8 ; In re Merrifield, 214 B.R. 362 ; Currie v. Wells Fargo Bank, N.A.
discussed Cited "see, e.g." In Re Lee
D.S.C. · 2010 · signal: see, e.g. · confidence medium
See, e.g., In re Stangel, 219 F.3d 498, 501 (5th Cir.2000); In re Eads, 417 B.R. 728 (Bankr.E.D.Tex.2009); In re Funches, 381 B.R. 471 (Bankr.E.D.Pa.2008); In re Binghi, 299 B.R. 300 (Bankr.S.D.N.Y.2003); In re Scott, 260 B.R. 375 (Bankr.D.S.C. 2001); But see In re Cohen, 305 B.R. 886 (BAP 9th Cir.2004) (finding that a Chapter 13 debtor possesses full avoidance powers, but failing to consider Hartford.).
cited Cited "see, e.g." Kartman v. North Suburban Tree Service Inc. (In Re Kartman)
Bankr. W.D. Pa. · 2006 · signal: see, e.g. · confidence low
See e.g., In re Stangel, 219 F.3d 498 (5th Cir.2000), In re Knapper, 407 F.3d 573 (3d Cir.2005).
discussed Cited "see, e.g." In Re Perez
Bankr. S.D. Tex. · 2006 · signal: see also · confidence medium
Dellastatious, Inc., 121 B.R. 487, 490-91 (Bankr.E.D.Va.1990); see also In re St angel, 219 F.3d 498, 500-01 (5th Cir. 2000) (holding that the debtor lacked standing to bring a section 544 avoidance action); In re Ham Consulting Co., 143 B.R. 71, 75 (Bankr.W.D.La.1992) (finding that "the debt- or lacks standing to assume or reject an exec-utory contract once the case is converted.”); In re Coleman, 131 B.R. 59, 60 (Bankr.N.D.Tex.1991) (ruling that the debtor lacked standing to object to claims against the bankruptcy estate). 20 .
discussed Cited "see, e.g." Ranasinghe v. Compton (In Re Ranasinghe)
Bankr. E.D. Va. · 2006 · signal: see also · confidence medium
See also Stangel v. United States, 219 F.3d 498, 501 (5th Cir.2000) (holding that a chapter 13 debtor could not utilize the trustee’s strong arm powers under § 545 on grounds that the literal language of the statute prevailed over policy considerations).
discussed Cited "see, e.g." In Re Binghi
Bankr. S.D.N.Y. · 2003 · signal: see, e.g. · confidence medium
See e.g., Stangel v. Powers (In re Stangel), 219 F.3d 498, 501 (5th Cir.2000), cert. denied, Stangel v. United States, 532 U.S. 910 , 121 S.Ct. 1240 , 149 L.Ed.2d 147 (2001) (holding that Chapter 13 Debtors do not have standing to assert trustee’s strong arm’s power, relying on Hartford Underwriters Ins.
discussed Cited "see, e.g." Ryker v. Current (In Re Ryker)
D.N.J. · 2003 · signal: see, e.g. · confidence low
See, e.g., In re Stangel, 219 F.3d 498 (5th Cir.2000), cert. denied, 532 U.S. 910 , 121 S.Ct. 1240 , 149 L.Ed.2d 147 (2001) (Chapter 13 debt- or-taxpayer lacked standing to avoid IRS tax lien, since Bankruptcy Code provision governing power to avoid statutory liens did not expressly confer power on anyone besides trustee); In re Merrifield, 214 B.R. at 365 (“The Eighth Circuit has determined that the statutory language of § 548 expressly confers avoidance powers exclusively on the trustee.”); In re Miller, 251 B.R. 770 (Bankr.D.Mass.2000) (Chapter 13 debtors did not have standing, indepen…
discussed Cited "see, e.g." Montoya v. Boyd (In Re Montoya)
Bankr. D.N.M. · 2002 · signal: see, e.g. · confidence medium
Cases holding that Chapter 13 Debtor lacks standing: See, e.g., In re Stangel, 219 F.3d 498, 501 (5th Cir.2000) (Chapter 13 debtor has no standing to bring avoidance action under 11 U.S.C. § 545 ); LaBarge v. Benda (In re Merrifield), 214 B.R. 362, 365 (8th Cir. BAP 1997) (Section 548 confers avoidance powers exclusively on the trustee); In re Miller, 251 B.R. 770, 773 (Bankr.D.Mass.2000) (no standing under § 547); In re Redditt, 146 B.R. 693, 701 (Bankr.S.D.Miss.1992) (Chapter 13 debtor had no standing to bring avoidance action under 11 U.S.C. § 544 or § 545); In re Driver, 133 B.R. 476, …
discussed Cited "see, e.g." In Re Blount
Bankr. M.D. La. · 2002 · signal: see, e.g. · confidence low
See, e.g., Stangel v. United States (In re Stangel), 219 F.3d 498 (5th Cir.2000) (debtor does not have standing to avoid tax lien under § 545, because standing is statutorily limited solely to the trustee.); Educational Credit Management Corp. v. McLeroy (In re McLeroy), 250 B.R. 872 (N.D.Tex.2000) (standing under § 548 limited solely to the trustee). 23 .
Retrieving the full opinion text from the archive…
In the Matter Of: Frank J. STANGEL, Debtor. Frank J. Stangel, Appellant,
v.
United States of America; Thomas D. Powers, Chapter 13 Trustee, Appellees
99-10829.
Court of Appeals for the Fifth Circuit.
Aug 21, 2000.
219 F.3d 498
Linda N. Coffee, Palmer and Palmer, Dallas, TX, for Appellant., John A. Nolet, Bruce Raleigh Ellisen, U.S. Dept, of Justice, Tax Div., Washington, DC, for U.S., Areya Holder Chessmore, Office of Chapter 13 Trustees, Dallas, TX, for Powers.
Davis, Jones, Per Curiam, Stewart.
Cited by 31 opinions  |  Published
PER CURIAM:

Chapter 13 debtor-appellant Frank Stangel appeals two adverse decisions of the bankruptcy court in separate adversary proceedings that have been consolidated on appeal. Because Stangel did not timely appeal the first adversary proceeding to the district court, we dismiss that part of his appeal for want of jurisdiction. Because Stangel lacks standing to assert the trustee’s lien avoiding power under 11 U.S.C. § 545(2), we dismiss that part of his appeal for lack of standing. [1]

FACTS & PROCEDURAL HISTORY

Stangel is a well-educated [2] actor and acting instructor who runs a flea market business on the side. Over a number of years between 1982 and 1995, he failed to pay income taxes and had repeated skirmishes with the Internal Revenue Service. He has also filed previous Chapter 13 bankruptcies; this is his third one.

The instant case was commenced February 2, 1996. The IRS was his sole creditor. The service filed a secured claim for unpaid tax assessments dating from 1982, 1983, 1984, 1987, and 1988; an unsecured priority claim for the years 1989-95; and an unsecured general claim for penalties and interest from 1989-95.

Stangel responded by initiating two adversary proceedings. The first concerned the amount of taxes owed by the debtor. The bankruptcy court entered a final judgment of the amount owed on August 12, 1997. Ten days later, Stangel timely filed motions for a new trial and to amend judgment and to amend the findings of fact and conclusions of law. In an order entered September 8, 1997, the bankruptcy court denied these motions. On September 5, Stangel filed an amended motion for additional findings of fact and conclusions of law, which the bankruptcy court denied on September 21. Stangel’s notice of appeal was filed on October 1,1997.

Stangel’s second adversary proceeding, filed in September 1997, was titled a “complaint to avoid lien.” Stangel alleged therein that he was entitled to exercise the avoidance powers of the bankruptcy trustee under 11 U.S.C. § 545(2) and thereby[*500] avoid attachment of tax liens to his personalty.

In response to this second proceeding, the bankruptcy court rejected Stangel’s standing to pursue the avoidance action, on the grounds that § 545 states only that “the trustee” may pursue such claims. Alternatively, the court held that the provision does not substantively permit the avoidance of a federal tax lien, because the tax law contains a more stringent standard for defeat of a federal tax lien pursuant to IRC § 6323. The district court affirmed these holdings. Stangel now appeals.

DISCUSSION

1. The First Adversary Proceeding

Because Stangel’s appeal from the bankruptcy court to the district court in the first adversary proceeding was not timely, we lack jurisdiction.

Whether Stangel’s appeal was timely depends on (1) when the district court entered its orders denying the first of Stan-gel’s successive post-judgment motions, and (2) when Stangel filed his notice of appeal. The dates of these events are as follows: (1) September 8, 1997, when the bankruptcy court entered judgment denying debtor’s first post-judgment motion; and (2) October 1, 1997, the date of Stan-gel’s notice of appeal.

Bankruptcy Rule 8002(a) allows a debtor ten days from the date of entry of an order disposing of a Rule 59-type motion in which to file his notice of appeal. That a debtor files a second round of post-judgment motions has been held ineffective to extend this time period. [3] See In re Stangel, 68 F.3d 857, 859 (5th Cir.1995). Stangel’s October 1, 1997 notice of appeal was filed more than 10 days after the bankruptcy court’s September 8, 1997 judgment denying his first post-judgment motion, and his second post-judgment motion was successive and did not toll the time period. Under Rule 8002(a), his appeal to the district court was thus untimely-

Because Stangel’s appeal to the district court was untimely, the district court lacked jurisdiction over the appeal. When the district court lacks jurisdiction over an appeal from a bankruptcy court, this Court lacks jurisdiction as well. See In re Don Vicente Macias, Inc., 168 F.3d 209, 211 (5th Cir.1999). We therefore dismiss for want of jurisdiction.

2. The Second Adversary Proceeding

As noted above, 11 U.S.C. § 545 codifies a trustee’s ability to avoid certain liens on property of a debtor. Stangel asserts that he has just as much interest as the Chapter 13 trustee in avoiding these tax liens, since the completion of his Chapter 13 plan will result in a discharge and the reversion to him of the property in his estate. Standing in the way, however, is § 545 itself, which does not expressly confer power on anyone except the trustee to pursue these motions. [4]

Two cases — one from the Fifth Circuit and one from the Supreme Court — lead us to conclude that Stangel lacks standing to pursue his avoidance motion. Matter of Hamilton, 125 F.3d 292 (5th Cir.1997), addressed the standing of a Chapter 13 debtor to exercise avoidance powers available to a trustee under § 544 of the Bankruptcy Code. [5] While acknowledging earlier case law to the contrary, Hamilton stated that “[mjore recently, bankruptcy courts addressing the issue have receded from their earlier opinions and refused to use[*501] § 544 to allow Chapter 13 debtors to exercise strong-arm powers reserved for Chapter 13 trustees.” Hamilton, 125 F.3d at 296. The court went on to reason that a Chapter 13 debtor does not have standing to pursue a § 544 avoidance through 11 U.S.C. § 1303, a catch-all clause that allows the debtor “the rights and powers of a trustee” under 11 U.S.C. §§ 363(b), (d), (e), (f) and (l). See Hamilton, 125 F.3d at 296. The court did find, however, that since the debtor’s suit satisfied the criteria of § 522(h), which gives the debtor power to avoid the fixing of certain liens on otherwise exempt property, the debtor had standing to avoid the foreclosure sale under that provision. See Hamilton, 125 F.3d at 298.

The Supreme Court wrote on an analogous provision of the Bankruptcy Code in Hartford Underwriters Ins. Co. v. Union Planters Bank, — U.S. -, 120 S.Ct. 1942, 147 L.Ed.2d 1 (2000). In a unanimous opinion, Justice Scalia rejected a creditor’s claim that it could file a motion to recover the actual and necessary costs of preserving collateral of the debtor’s estate under 11 U.S.C. § 506(c). That provision allows only the trustee to recover such costs. The Court’s opinion relied principally on the clear statement in the statute, assisted by the overall context of the Bankruptcy Code. Although § 506(c) is a different provision than the one at issue here, and a Chapter 11 case is different from a Chapter 13 case, the Court’s mode of reasoning is fully applicable here. In particular, the opinion stated:

Petitioner argues that in the absence of such restrictive language [stating that only the trustee may make the claim], no party in interest is excluded. This theory — that the expression of one thing indicates the inclusion of others unless exclusion is made explicit — is contrary to common sense and common usage. Many provisions of the Bankruptcy Code that do not contain an express exclusion cannot sensibly be read to extend to all parties in interest.

Hartford, 120 S.Ct. at 1948.

The reasoning of both Hamilton and Hartford Underwriters strongly suggests that Stangel does not have standing under the plain reading of § 545. Both those opinions concerned Bankruptcy Code provisions that stated that trustees had certain powers, and both rejected interpretations that extended those powers to other parties in interest. That is precisely what Stangel asks us to do here, and, in light of those cases and the plain language of the statute, we refuse to do so. Because Stangel does not have standing to pursue this avoidance action, we do not reach the question whether the trustee can in fact utilize § 545 to avoid federal tax liens. [6]

DISMISSED.

1

. Stangel's property on which he seeks to avoid a lien is not exempt from a federal tax lien. See § 522(c)(2)(B).

2

. Stangel has a B.A. from Michigan State University and a law degree from LaSalle University.

3

.The latter post-judgment motion is treated as a motion under Federal Rule 60(b), with similar effects on timeliness. Stangel does not contend that he seeks review of the denial of his second round of post trial motions on the same standard that applies to Rule 60(b).

4

. § 545 reads: "The trustee may avoid the fixing of a statutory lien on property of the debtor....” See 11 U.S.C. § 545.

5

. Specifically, the debtor wished to use § 544 to avoid a foreclosure sale on his homestead that occurred just before bankruptcy. See Hamilton, 125 F.3d at 295.

6

. The Government cites two circuit court cases supporting its position that § 545 cannot be used to avoid federal tax liens. See In re Berg, 121 F.3d 535 (9th Cir.1997) and In re Walter, 45 F.3d 1023 (6th Cir.1995). Furthermore, we note that if bankruptcy law permitted freer avoidance of federal tax liens, it would create a huge incentive to file bankruptcy.