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S.D.N.Y.Procedural orderFiled Oct. 6, 2021

In Re: Bronx Miracle Gospel Tabernacle Word of Faith Ministries, Inc.

Judge
Alison Nathan
Docket
1:21-cv-02326
Court
U.S. District Court · Southern District of New York
Pages
17
Civil ProcedureBankruptcyPro Se
In one sentence

In Brown v. Piazza, Judge Nathan took no further action on a nonlawyer church member’s letter and ordered the bankruptcy clerk to refund the filing fee upon request.

Who this affects

Jeanette Y. Brown, Bernel A. Richardson, the other individuals who signed or were listed in the letter, and Bronx Miracle Gospel Tabernacle, Word of Faith Ministries, Inc. The order also directed the U.S. Bankruptcy Court clerk to refund the filing fee upon request.

What happened

Jeanette Y. Brown appealed an order in bankruptcy proceedings. She filed the appeal on her own behalf, and the court had dismissed it for failure to pay the filing fee. After the fee was paid, the court received a letter from Bernel A. Richardson, a church deacon, along with attachments raising claims on behalf of Bronx Miracle Gospel Tabernacle, Word of Faith Ministries, Inc.

The court said the people who signed the letter could not prosecute the appeal for Brown because none claimed to be attorneys licensed to practice in federal court. It also said the letter appeared to raise claims for the church itself, and an entity must be represented by a lawyer in federal court. The court did not address the underlying claims about the church’s bankruptcy case, property, or religious rights.

Judge Alison J. Nathan ordered that the court take no further action regarding the letter. She also directed the clerk of the U.S. Bankruptcy Court to refund the filing fee upon request and directed the district-court clerk to mail the order to Bernel A. Richardson.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
In Re: Bronx Miracle Gospel Tabernacle Word of Faith Ministries, Inc. · No. 1:21-cv-02326
Judge
Alison Nathan
Date
Oct. 6, 2021

Background

Jeanette Y. Brown filed an appeal on March 17, 2021, on her own behalf. The district court dismissed the appeal on July 16, 2021, because the filing fee had not been paid. The opinion states that the fee was later paid, based on the public docket of the related bankruptcy case.

The court then received a letter from Bernel A. Richardson, identified as a deacon of Bronx Miracle Gospel Tabernacle, Word of Faith Ministries, Inc., the debtor in the underlying bankruptcy proceedings. The letter asked the court to lift the dismissal and allow the church to continue in bankruptcy court. The attachments included an objection to dismissal of the church’s Chapter 11 case and a civil complaint asserting claims on behalf of the church and its members.

Court’s Analysis

The court concluded that the individuals listed in the letter could not prosecute Brown’s appeal for her. The opinion explains that people may represent themselves in federal court but may not appear without a lawyer on behalf of another person or entity. The court also observed that Brown was listed as a church minister but apparently did not write or sign the letter.

The court further stated that the letter and attachments did not appear to concern the issues in the February 3, 2021 order that Brown had appealed. Instead, they appeared to raise legal claims for the church itself. Because the church is an entity, the court stated that it must be represented in federal court by legal counsel.

Disposition

Judge Alison J. Nathan ordered that the court take no further action regarding the letter. The clerk of the U.S. Bankruptcy Court for the Southern District of New York was directed to refund the filing fee upon request. The district-court clerk was also directed to mail a copy of the order to Bernel A. Richardson. The opinion does not decide the attachments’ claims concerning the bankruptcy case, the church’s property, alleged misconduct, or religious rights.

The authoritative version

Read the full 17-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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