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S.D.N.Y.Procedural orderFiled Oct. 12, 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
6
Civil ProcedureBankruptcyPro Se
In one sentence

In Brown v. Piazza, Judge Nathan ordered responses and clarification after Brown asked to reopen her appeal dismissed for nonpayment.

Who this affects

Jeanette Y. Brown, who was representing herself, and Deborah J. Piazza. The order also addressed the limits on Brown’s ability to assert claims for Bronx Miracle Gospel Tabernacle Word of Faith Ministries, Inc.

What happened

Jeanette Y. Brown appealed an order from a bankruptcy case. The district court had dismissed her appeal on July 16, 2021, because the filing fee had not been paid, but the fee was later paid.

Brown asked the court to lift the dismissal. The court treated her request as a motion to reopen the appeal and explained that any appeal would be limited to issues addressed in the bankruptcy court’s February 3, 2021 order. Brown could represent only her own interests, not the Church’s legal claims.

Judge Alison J. Nathan did not decide whether to reopen the appeal in this order. She ordered Deborah J. Piazza to respond by October 22, 2021, and ordered Brown to say by October 29 whether she wished to continue under those limits. The order also stated that Brown could request a refund from the bankruptcy court and required her to submit future filings through the court’s Pro Se Intake Unit.

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. 12, 2021

Background

The district court stated that it had dismissed Jeanette Y. Brown’s appeal on July 16, 2021, because she had not paid the filing fee. The court later determined from the public docket in the related bankruptcy case that the fee had been paid.

Brown sent the court a letter asking it to lift the dismissal. The court construed that request as a motion to reopen the appeal. The opinion says the court might have discretion to grant the request, but it did not rule in this order that the appeal was reopened.

Limits on the Appeal

The court reiterated that any appeal would be limited to the issues addressed in the bankruptcy court’s February 3, 2021 order identified in Brown’s initial appeal. The court also stated that Brown could represent only her individual interests. She could not pursue legal claims belonging to Bronx Miracle Gospel Tabernacle Word of Faith Ministries, Inc., which the court said must be represented by licensed counsel.

Order

The court ordered Appellee Deborah J. Piazza to file any response to Brown’s letter by October 22, 2021. It also ordered Brown, by October 29, 2021, to inform the court whether she intended to proceed with the appeal given the limits on the appeal and her inability to represent the Church. Alternatively, Brown could request a refund from the U.S. Bankruptcy Court for the Southern District of New York.

Because Brown represented herself, the court directed that all further filings be submitted through the court’s Pro Se Intake Unit. The order also provided information about a private legal clinic for people in civil cases who do not have lawyers and clarified that the clinic was not part of the court and could not file documents for Brown.

Disposition

The order required further responses and clarification; it did not state that Brown’s motion to reopen was granted or denied.

The authoritative version

Read the full 6-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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