ALSTON

1 During the pendency of the contempt orders but after Alston filed the Motion, he filed new
cases although barred from doing so. 	He contended that he believed that he had purged the
contempt by filing the Motion. While I find that an amazing conclusion to be drawn from the Orders
which evidences a total lack of understanding of the seriousness of his misconduct, I nonetheless
accept his explanation. I do not find there was a deliberate flaunting of my bar Order.
UNITED S TATES B ANKRUPTCY COURT
FOR T HE E ASTERN DISTRICT O F PENNSYLVANIA
In re 	: 	Chapter 13
:
REGINALD BROWN, 	: 	Bankruptcy No. 04-30596DWS
:
Debtor. 	:
:
In re 	: 	Chapter 13
:
TONYA CLARK, aka Tt, 	: 	Bankruptcy No. 04-35004DWS
aka TONYA BERGER-CLARK, 	:
:
Debtor. 	:
:
In re 	: 	Misc. No. 05-03004
:
GERALD ALSTON, 	:
:
ORDER
AND NOW, this 14th day of July 2005, after a hearing on the Motion by Gerald
Alston (“Alston”) to be relieved of this Court’s Orders dated April 26, 2005 and May 4,
2005 in cases no. 04-40596 (Reginald Brown) and 04-35004 (Tonya Clark) holding Alston
in contempt and barring him from filing any new cases in this Court;1
Case 05-03004-dws Doc 3 Filed 07/14/05 Entered 07/15/05 10:28:47 Desc Main
Document Page 1 of 3

In re Reginald Brown - Bankruptcy No. 04-30596DWS
In re Tonya Clark - Bankruptcy No. 04-35004DWS
In re Gerald Alston - Misc. No. 05-03004DWS
2 Alston contended a state court order attaching him to trial relieved him of any
responsibility to notify this Court, his clients or opposing counsel of his unavailability and to appear,
even in the face of orders that stated to the contrary. Alston did not bring a copy of the order of
attachment but on direction from this Court has filed the referenced document now. It is not an
order but a letter to him dated October 4, 2004 from the Director of Criminal Listings of the Court
of Common Pleas noting a trial listing on April 11, 2005 and serving as notice of attachment to the
U.S. District Court and the other Common Pleas Courts for 30 days. It notes that by reciprocal
agreement he will not be scheduled for trial in these courts but states that “in addition, it is your
responsibility to notify any other court that is scheduling your appearance.” It shows copies
to the administrators of these other courts but no reference is made to the bankruptcy court nor is
notice given to the bankruptcy court. Aside from the fact that Alston scheduled one of the hearings
himself during the 30 day period of attachment and made no attempt even with six months notice
to schedule around this obligation, it is incredible that based on this letter he can assert that he had
no responsibility to notify this Court, his clients or his opposing attorneys.
3 This represents a modification of the amount originally ordered based on the record made.
Clark did not appear.
-2-
And for the reasons stated on the record, the Court finding the conduct that gave rise
to the Orders inexcusable; 2
And this Court reaffirming the decision to order disgorgement of the fees paid by
Brown and Clark as well as the fees awarded his opposing counsel, Leslie Carson, Esquire;
It is hereby ORDERED that Alston shall make the following payments:
1. Reginald Clark - $995
2. Tonya Clark- $500 3
3. Leslie Carson -$500
Upon certification of payment of these amounts, Alston shall have purged his civil contempt
and be permitted to file petitions in this Court.
DIANE WEISS SIGMUND
Chief U.S. Bankruptcy Judge
Case 05-03004-dws Doc 3 Filed 07/14/05 Entered 07/15/05 10:28:47 Desc Main
Document Page 2 of 3

In re Reginald Brown - Bankruptcy No. 04-30596DWS
In re Tonya Clark - Bankruptcy No. 04-35004DWS
In re Gerald Alston - Misc. No. 05-03004DWS
-3-
cc: Judge Thomas M. Twardowski
Judge Bruce I. Fox
Judge Stephen Raslavich
Judge Kevin J. Carey
Timothy B. McGrath, Clerk
Copies to:
Gerald M. Alston, Esquire
125 South 9th Street
Suite 1001
Philadelphia, PA 19107
Tonya Clark
6257 Morton Street
Philadelphia, PA 19144
Reginald Brown
5510 Jane Street
Philadelphia, PA 19138
Leslie J. Carson, Jr., Esquire
6378 Lancaster Avenue
Philadelphia, PA 19151
Dave P. Adams, Esquire
Office of the U.S. Trustee
833 Chestnut Street, Suite 500
Philadelphia, PA 19107
William C. Miller, Esquire
Standing Chapter 13 Trustee
P. O. Box 40119
Philadelphia, PA 19106-0119
Case 05-03004-dws Doc 3 Filed 07/14/05 Entered 07/15/05 10:28:47 Desc Main
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