Tonya Clark

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. 	:
ORDER
AND NOW, this 26th day of April 2005, this Court having held hearings on notice
in the above captioned cases in which the above captioned debtors are represented by
Gerald Alston (“Alston”);
And the debtors appearing and their counsel Alston not;
And Alston failing to request continuance from the Court;
And Alston not notifying his clients that he would not be present;
And Alston not filing an answer in Reginald Brown’s case although they had
evidence of payment;
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1 Lester Carson, Esquire appeared in response to the motion for reinstatement of the stay
filed by Alston in Tonya Clark’s case. Peter Mulcahy, Esquire had certified no answer and a default
would have been taken in Reginald Brown’s case had the debtors and he not been present.
2 Both debtors indicated that to be the case when they appeared in court today.
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And Alston not advising his opponents’ counsel (who appeared) that he would not
be present;1
And both hearings being continued until May 3, 2005 at 9:30 a.m.;
It is hereby ORDERED that:
1. Alston shall appear at the hearing on May 3, 2005 and show cause why he should
not be sanctioned for his failure to discharge his duty as an attorney to his clients and as an
officer of the court. 	There shall be no continuances of these matters and if he does not
appear, this court shall issue a bench warrant to compel his appearance.
2. To the extent that the debtors are dissatisfied with Alston’s representation of him,2
they may make an oral motion at the continued hearing for disgorgement of any fee paid to
him. Likewise any counsel who incurred the unnecessary cost of an appearance because of
Alston’s failure to notify him that he would not appear, may request by motion served on
Alston that Alston pay the costs of that appearance. Such motion shall not be listed in the
ordinary course but shall be heard contemporaneously with the rescheduled matters.
The United States trustee is invited to participate.
DIANE WEISS SIGMUND
Chief U.S. Bankruptcy Judge
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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
Peter J. Mulcahy, Esquire
FEDERMAN& PHELAN LLP
1617 JFK Boulevard, Suite 1400
Philadelphia, PA 19107
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
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