Lee v. McCardle
Opinion
Plaintiffs Adrian and Angela Lee 1 asked the bankruptcy court to declare that the automatic stay in Adam and Jennifer Pee-ples’ bankruptcy case applies to a separate lawsuit Adrian Lee filed in state court against defendant Scott McCardle. The Lees also .asserted that the automatic stay prevented McCardle from collecting attorney’s fees levied against Adrian Lee in that state-court lawsuit. The Lees further sought damages against McCardle for willfully violating the automatic stay. The bankruptcy court found—and the district court agreed—that the automatic stay didn’t apply to the' state-court lawsuit. Thus, it granted summary judgment to McCardle. The Lees appeal, arguing that the district court erred in ruling that the automatic stay didn’t apply. We don’t reach this question; instead, we vacate the district court’s judgment against Angela Lee because she lacks Article III standing to bring this lawsuit-, and we affirm summary judgment against Adrian Lee because his claims don’t fall within the Bankruptcy Code’s zone of interests.
I
In 2012, the Lees -obtained a default judgment against the Peepleses for unpaid rent and waste. In 2013, they obtained a second default judgment against the Pee-pleses for fraud. The Lees then sought to collect on those judgments by garnishing distributions that the Jack and Ruth McCardle Trust (the Trust) allegedly owed Adam Peeples. Trustee Scott McCardle responded that Adam Peeples was only an inconsequential beneficiary of the trust who wasn’t owed any distributions. Adrian Lee then sued Scott McCardle in Utah state court, both individually and in Scott McCardle’s capacity as trustee, essentially alleging that Scott McCardle’s undue influence over Ruth McCardle prompted her to disinherit Adam Peeples in a memorandum amending the Trust. Thus, Lee asserted that the memorandum must be rescinded and that the Trust owed Adam Peeples overdue distributions dating back to Ruth McCardle’s death in 2009. Lee sought to collect these distributions as Peeples’ judgment creditor.
The state court dismissed the lawsuit because it determined Lee didn’t have standing and, alternatively, the claims were time-barred. The state court further ordered Lee to pay McCardle attorney’s fees and left the case open to determine those fees. The Peepleses filed their bankruptcy petition while the state court was calculating fees. Lee then argued that the automatic stay triggered by the Peepleses’ bankruptcy petition covered his lawsuit against McCardle arid moved to stay further proceedings. The state court denied the motion and entered judgment assessing $41,889 in attorney’s fees against Lee.
The Lees initiated this adversarial proceeding against McCardle in the Peeples-es’ bankruptcy case a week before the state court entered final judgment. The Lees sought (1) a declaratory judgment to confirm that the automatic stay applied to the state-court lawsuit and (2) damages from McCardle for willfully violating the automatic stay. The Lees moved for partial summary judgment on the declaratory judgment and the issue of McCardle’s liability for violating the automatic .stay. But *1212 they reserved the issue of damages for trial. McCardle filed a cross-motion for full summary judgment. The bankruptcy court held that the automatic stay didn’t apply to the state-court lawsuit because Lee had asserted claims- against McCardle, not Adam Peeples. Thus, the bankruptcy court denied the Lees’ motion and granted McCardle’s. 2 The Lees appealed to the district court, which affirmed for substantially the same reasons the bankruptcy court provided in its order.
II
When hearing an appeal from a district court’s review of a bankruptcy-court order, “we independently review the bankruptcy court’s decision, applying the same standard as the ... district court.”
Jubber v. SMC Elec. Prods., Inc. (In re C.W. Min. Co.),
A
Initially, we must address whether Angela Lee has Article III standing to bring this appeal. Article' III standing is jurisdictional; thus, “where the record reveals a colorable standing issue, we have a ‘duty to undertake an independent examination’
(sua sponte
if necessary) of that issue.”
United States v. Ramos,
We discern no plausible basis for Angela Lee to assert Article III standing here. The Lees’ alleged injury is the attorney’s fees the state court assessed against Adrian Lee. But Adrian Lee was the sole plaintiff in the state-court lawsuit, and the state court entered .judgment for attorney’s. fees against Adrian Lee alone. McCardle alluded to this issue in his response brief on appeal, but the Lees made no attempt in their reply brief to explain what injury in fact Angela Lee could have suffered. Nor did they address Angela Lee’s standing at oral argument.' Because the Lees fail to demonstrate Angela Lee’s standing to bring this case, we vacate the judgment against her below and remand to the district court with directions to dismiss her claims.
See Colo. Outfitters Ass’n v. Hickenlooper,
B
Next, we address McCardle’s assertion that Adrian Lee’s claims fall outside the zone of interests protected by the automatic stay.
3
Although traditionally viewed as a prudential- or statutory-standing requirement, the zone-of-interests doctrine isn’t actually a matter of standing at all; instead, it merely asks whether a particular federal cause of action “encompasses a particular plaintiffs claim.”
Lexmark Int’l v. Static Control Components, Inc.,
- U.S. -,
There’s no single test to determine whether a cause of action falls within a statute’s zone of interests; rather “the breadth of the zone of interests varies according to the provisions of law at issue.”
Bennett,
With this understanding of the zone-of-interests doctrine, we analyze whether Lee’s claims fall within the Bankruptcy Code’s zone of interests. Lee asserts two distinct claims: (1) a claim for a declaratory judgment pronouncing that
*1214 1
Section 362(a) imposes an automatic stay when a debtor files a bankruptcy petition. In relevant part, this stay prevents, “the <commencement or continuation .., of a judicial ... action or proceeding against the .debtor ... or to recover a claim against the debtor that arose before the commencement of the case under [the Bankruptcy Code].” § 362(a)(1). Lee argues that the state-court lawsuit was an action “to recover a claim against” Adam Peeples that was thus barred by the automatic stay, and he seeks a declaratory judgment to that effect. But the only injury Lee alleges is the judgment for attorney’s fees assessed against him. Before we reach the merits of Lee’s argument, we address whether this injury is the type of injury that falls within §' 362(a)’s zone of interests.
We impose a “stringent” zone-of-interests requirement (although we’ve previously referred to'it simply as a “standing requirement” instead) for appeals from bankruptcy-court orders.
Nintendo Co., Ltd. v. Alpex Comput. Corp. (In re Alpex Comput. Corp.),
Specifically, in
Lopez,
we held that an unsecured creditor couldn’t appeal an order lifting the automatic stay to allow a secured creditor to foreclose on the debt- or’s real property because the harms the creditor alleged didn’t fall within § 362(a)’s zone of interests.
4
Id.
at 1501. We explained that the creditor couldn’t appeal the order because he didn’t have a direct interest in the property at issue, even though he may have been harmed by any loss of value to the estate that could ultimately affect his payout. We expounded that “the automatic stay is for the sole benefit of the debtors’ estate ... [and] it could subvert the [bankruptcy] trustee’s powers to allow a creditor to appeal if the trustee chooses not to.”
Id.; see also Tilley v. Vucurevich (In re Pecan Groves of Ariz.),
The facts of this case present an even more compelling basis than did the facts of
Lopez
for concluding that the party challenging the automatic stay hasn’t asserted a harm within § 362(a)’s zone of interests. Although Lee is a creditor, he hasn’t alleged that he’s been harmed in his capacity as a creditor. Clearly, McCardle’s alleged automatic-stay violation doesn’t impair any of Lee’s claims against the Peepleses’ bankruptcy estate. When the Peepleses’ bankruptcy case concludes and their assets are divided among their creditors, Lee will receive the exact same payout that he would have had the state-court lawsuit been stayed. Instead, Lee seeks to protect himself from having to pay attorney’s fees assessed against him in a state-court lawsuit. Lee’s goal thus falls outside the' stay’s’ zone of interests.
Cf. Magnoni v. Globe Inv. & Loan Co., Inc. (In re Globe Inv. &
*1215
Loan Co., Inc.),
Moreover, Lee doesn’t suggest that remedying his injury will benefit the bankruptcy estate. Instead, he responds that his declaratory-judgment claim must fall within the automatic stay’s zone of interests because otherwise he has no redress for his injury (i.e. -the state-court judgment). But this isn’t the case: Lee’s injury is the state court’s assessment of attorney’s fees against him and he may appeal that order in state court. In any event, Lee’s ability to redress his injury is irrelevant to the zone-of-interests analysis, The very point of the zone-of-interests doctrine is that not every injury traceable to the violation of a federal statute is remediable in the federal courts.
See Clarke v. Sec. Indus. Ass'n,
At oral argument, Lee further argued that he must necessarily have the power to enforce the automatic stay because otherwise no one could. This isn’t true either; the bankruptcy trustee could have .enforced the automatic stay if doing so 'were in the estate’s interest. And the bankruptcy trustee’s decision.not to enforce the automatic stay precisely illustrates the zone-of-interests ■ doctrine’s' application here: to the- extent that the bankruptcy trustee concludes that enforcing the automatic stay wouldn’t benefit the estate, doing so would further no congressional purpose. Lee certainly doesn’t suggest that Congress created the automatic stay to allow creditors to avoid judgments for attorney’s fees they incurred while attempting to collect their debts.
Cf. Magnoni,
2
Whether Lee’s claim for damages falls within § 362(k)’s zone of interests is a slightly different question. The language of § 362(k) suggests a broader reach than § 362(a): it provides that “an
individual
injured by any willful violation of a stay provided by this section shall recover actual damages.” § 362(k) (emphasis added). Because the zone-of-interests doctrine presumes congressional intent to limit causes of action, Congress can expand a statute’s zone of interests with language indicating that a cause of action extends to a broader range of claims.
See Lexmark,
We read “individual” in § 362(k) similarly. “[T]he nature of bankruptcy litigation ... almost always implicates the interests of persons who are not formally parties to the litigation.”
Tilley,
As we explained above, the automatic stay is for the benefit of the estate. But the term “individual” at least suggests that § 362(k) is meant for some party or parties other than the bankruptcy trustee.
5
The ’ most logical conclusion is that § 362(k) creates a cause of action for debtors and creditors. As the Fifth Circuit explained, the automatic stay’s specific purp'okes are to prbtect the debtor from collection efforts and to protect creditors from inequitable treatment.
See St. Paul Marine & Fire Ins.,
As explained above, Lee may be the Peepleses’ creditor, but McCardle’s alleged automatic-stay violation didn’t harm him in that capacity. Lee’s claim for damages therefore falls outside of § 362(k)’s zone of interests. Accordingly, we agree that Lee’s § 362(k) claim must be dismissed.
The interests that led Congress to create the automatic stay simply aren’t harmed when a state court assesses attorney’s fees against a creditor. Because devoting further attention to Adrian Lee’s claims wouldn’t further congressional policy, those claims aren’t within the automatic stay’s zone of interests and therefore he may not assert them. We thus affirm the district court’s judgment against Adrian Lee. But because Angela Lee hasn’t established that she has Article III standing, we vacate the district court’s judgment against her and remand with instructions to dismiss her claims for lack of jurisdiction.
. Adrian Lee is a barred attorney who is representing himself and Angela Lee, his wife, in . this matter.
. Only the order granting McCardle’s motion—not the order denying the Lees’ motion—is properly before us.
See Poolaw v. Marcantel,
. Neither the bankruptcy court nor the district court addressed this preliminary issue. But McCardle raised this issue to both courts below and does so again on appeal, so we choose to address it.
See Richison v. Ernest Grp., Inc.,
. In
Lopez
we incorrectly characterized this as a standing issue.
See Lopez,
. The Bankruptcy Code doesn’t define "individual.”
See
Reference
- Full Case Name
- In RE: Adam PEEPLES; Jennifer K. Peeples, Debtors. Adrian J. Lee; Angela Lynn Noyes Lee, Plaintiffs Counter Defendants-Appellants, v. Scott J. McCardle, Individually and as Trustee of the Jack and Ruth McCardle Trust, Defendant Counterclaimant-Appellee
- Cited By
- 33 cases
- Status
- Published