In Re Billie Lamont Gardner, Debtor. Terryl A. Gardner v. United States of America, and William H. Zimmerman, Jr., Trustee

913 F.2d 1515, 23 Collier Bankr. Cas. 2d 1304, 67 A.F.T.R.2d (RIA) 430, 1990 U.S. App. LEXIS 16365, 1990 WL 132895
CourtCourt of Appeals for the Tenth Circuit
DecidedSeptember 18, 1990
Docket89-3209
StatusPublished
Cited by203 cases

This text of 913 F.2d 1515 (In Re Billie Lamont Gardner, Debtor. Terryl A. Gardner v. United States of America, and William H. Zimmerman, Jr., Trustee) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Billie Lamont Gardner, Debtor. Terryl A. Gardner v. United States of America, and William H. Zimmerman, Jr., Trustee, 913 F.2d 1515, 23 Collier Bankr. Cas. 2d 1304, 67 A.F.T.R.2d (RIA) 430, 1990 U.S. App. LEXIS 16365, 1990 WL 132895 (10th Cir. 1990).

Opinions

PER CURIAM.

Defendant-appellant United States of America appeals from an order of the dis[1517]*1517trict court affirming a bankruptcy court order holding that the tax lien on the vested, indeterminate interest in property of debtor Billie L. Gardner was extinguished by an award of the property to plaintiff-ap-pellee Terryl A. Gardner in a state court divorce proceeding and that Mrs. Gardner’s interests in the property were superior to those of the United States. 101 B.R. 654 (D.Kan.1989). We affirm the determination that Mr. Gardner had no interest in the marital property after the final divorce decree and remand for dismissal for lack of jurisdiction the bankruptcy court’s determination and district court’s affirmance that Mrs. Gardner’s interests were superior to those of the government.

The facts in this case either were stipulated or are undisputed. On January 22, 1985, Mrs. Gardner commenced divorce proceedings in Kansas state court. The Internal Revenue Service filed a tax lien against Mr. Gardner on August 4, 1986.1 Two days later, Mr. Gardner filed for bankruptcy under Chapter 7. On September 19, 1986, the bankruptcy court lifted the automatic stay to allow the divorce proceedings, including division of property, to continue, but cautioned that any division of property would not be conclusive as to the bankruptcy trustee. On January 12, 1987, the divorce court entered a decree of divorce, awarding nearly all of the property to Mrs. Gardner. At that time, all but the exempt property was held by the trustee.

Mrs. Gardner brought an adversary action against the bankruptcy trustee on February 2, 1988, to obtain the bankruptcy estate property awarded to her in the divorce action. Defining the action as a conflict over ownership rights of property rather than a controversy concerning priorities, the bankruptcy court determined that Mr. Gardner had a “vested but an as yet undetermined ownership interest” in all marital property at the time of commencement of the divorce action. The entry of the divorce decree, however, served to divest any interest Mr. Gardner had in the property. Because the state court divested Mr. Gardner s interest in tlm property by entry of the final divorce decree, the bankruptcy court held that any interest the government claimed to the property as a result of the tax lien was extinguished.

The government appealed to the district court raising issues relating to the bankruptcy court’s jurisdiction over exempt property and to the priority of its tax lien. The district court did not resolve the jurisdictional issue on the ground that Mrs. Gardner’s complaint had only requested award of the nonexempt property. The district court affirmed the bankruptcy court’s decision that Mrs. Gardner was entitled to the nonexempt property. In doing so, the district court determined that Mr. Gardner held a vested interest in the marital property during the divorce proceedings that the tax lien attached to, but the interest was divested by the divorce decree, thereby subjecting the tax lien to divestiture.

The first issue on appeal relates to the jurisdiction of the bankruptcy court. The government contends the bankruptcy court lacked jurisdiction to determine the priority of two competing third-party lienors over property that was exempt from the bankruptcy estate. We believe the jurisdictional issue is even more fundamental and concerns the bankruptcy court’s jurisdiction to determine which lienor was entitled to property no longer a part of the bankruptcy estate. We conclude the bankruptcy court lacked jurisdiction to determine whether Mrs. Gardner’s interests were superior to those of the government after concluding Mr. Gardner had no interest in the property.

Bankruptcy courts have only the jurisdiction and powers expressly or by necessary implication granted by Congress. Johnson v. First Nat’l Bank of Montevideo, 719 F.2d 270, 273 (8th Cir.1983), cert. denied, 465 U.S. 1012, 104 S.Ct. 1015, 79 L.Ed.2d 245 (1984). Bankruptcy courts have jurisdiction over core proceedings. [1518]*1518See 28 U.S.C. § 157. Core proceedings are proceedings which have no existence outside of bankruptcy. In re Alexander, 49 B.R. 733, 736 (Bankr.D.N.D.1985). Actions which do not depend on the bankruptcy laws for their existence and which could proceed in another court are not core proceedings. In re Wood, 825 F.2d 90, 96 (5th Cir.1987). Although determination of whether the marital property is part of the bankruptcy estate is a core proceeding, the later determination of the ownership of the marital property as between third parties, such as Mrs. Gardner and the government, is not a core proceeding. See In re Holland Indus., Inc., 103 B.R. 461, 466 (Bankr.S.D.N.Y.1989) (bankruptcy courts determine validity of tax liens under rubric of core proceedings only when lien concerns debtor’s property); cf. In re Jackson, 102 B.R. 82 (Bankr.N.D.Tex.1988) (court had jurisdiction to determine validity, extent or priority of liens on homestead property pursuant to 28 U.S.C. § 157(b)(2)(E) and (O) as a core proceeding and as a related proceeding even though property was no longer property of bankruptcy estate; jurisdiction retained only to determine what debts are discharged and unsecured indebtedness of debtor’s estate). Accordingly, this action is not a core bankruptcy proceeding.

Bankruptcy courts also have jurisdiction over related proceedings, under the authority of 28 U.S.C. § 1471(b), which confers jurisdiction on district courts for cases related to title 11 proceedings. In re Fietz, 852 F.2d 455, 456 (9th Cir.1988); see also 28 U.S.C. § 157. Related proceedings are civil proceedings that, in the absence of a bankruptcy petition, could have been brought in a district court or state court. In re Colorado Energy Supply, Inc., 728 F.2d 1283, 1286 (10th Cir.1984). “[T]he test for determining whether a civil proceeding is related in bankruptcy is whether the outcome of that proceeding could conceivably have any effect on the estate being administered in bankruptcy.” Pacor, Inc. v. Higgins, 743 F.2d 984, 994 (3d Cir.1984) (emphasis omitted). Although the proceeding need not be against the debtor or his property, the proceeding is related to the bankruptcy if the outcome could alter the debtor’s rights, liabilities, options, or freedom of action in any way, thereby impacting on the handling and administration of the bankruptcy estate. Id.; see also In re Wood, 825 F.2d at 93 (related matters conceivably have effect on administration of bankruptcy estate); In re Dogpatch U.S.A., Inc., 810 F.2d 782, 786 (8th Cir.1987) (same); In re Bobroff, 766 F.2d 797, 802 (3d Cir.1985) (same).

A bankruptcy court has jurisdiction over disputes regarding alleged property of the bankruptcy estate at the outset of the case. In re Xonics, Inc.,

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913 F.2d 1515, 23 Collier Bankr. Cas. 2d 1304, 67 A.F.T.R.2d (RIA) 430, 1990 U.S. App. LEXIS 16365, 1990 WL 132895, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-billie-lamont-gardner-debtor-terryl-a-gardner-v-united-states-of-ca10-1990.