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

Background

Jeanette Y. Brown appealed an order from a bankruptcy case. On July 16, 2021, the court dismissed the appeal because Brown had not timely paid the filing fee required by federal law and had not timely filed the designation of items to be included in the appellate record and the statement of issues required by Federal Rule of Bankruptcy Procedure 8009.

Brown later asked the court to reopen the appeal. The court noted that she paid the filing fee soon after learning that the appeal had been dismissed. It asked Deborah J. Piazza whether she opposed reopening and asked Brown to confirm whether she intended to continue the appeal despite limits on the issues she could present. Piazza did not respond, and Brown timely submitted a letter stating that she intended to proceed.

Ruling

The court exercised its discretion to reopen Brown’s appeal. It described dismissal as a harsh sanction and concluded that dismissal was not warranted because Brown, who was representing herself, had acted diligently and in good faith, and Piazza had not shown prejudice.

The court also exercised its discretion to accept a late filing under Rule 8009 because Brown’s failure to comply resulted from excusable neglect. The court ordered Brown to file a designation of the record items and a statement of the issues by November 19, 2021. If she complied with that deadline, the appeal could proceed. The court set December 17, 2021, for Brown’s opening brief, January 14, 2022, for Piazza’s response, and January 28, 2022, for Brown’s reply. It also reminded Brown that she could raise only the issues identified in the court’s earlier orders.