Reginald Brown

1 He failed to appear or notify his clients, opposing counsel or the Court of his intention not
to appear on April 26, 2005. This is not the first time Alston has simply failed to appear on a show
cause order. See Order dated September 7, 2004 in bankruptcy case no. 04-16236.
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 4th day of May 2005, this Court having entered an Order on
April 26, 2005 (the “April 26 Order”) compelling Gerald Alston, Esquire (“Alston”) to
appear on May 3, 2005 to show cause why he should not be sanctioned for his failure to
discharge his duty to his clients and as an officer of this Court in connection with hearings
in the above-captioned cases;1
And the Court further stating that there would be no continuances of the show cause
hearing and the Court would issue a bench warrant if necessary to compel his appearance
thereby providing clear notice of the gravity of the matter;
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And notwithstanding the April 26 Order, Alston did not appear, nor contact the Court,
opposing counsel or his clients who appeared again and stated that they were unable to reach
him;
And the matters before the Court involving efforts by mortgage companies to
foreclose on his clients’ homes as to which he has left them unrepresented and vulnerable;
And pursuant to the April 26 Order, the Debtors indicating that they did not wish to
continue to have Alston as their counsel and requested disgorgement of the fees he was paid;
And it being apparent that the case of Tanya Clark (“Clark”) is up for dismissal on
June 2, 2005 because of a failure to provide documents which she is attempting to handle
on her own and her house is subject to sheriff sale as a result of the stay relief granted on
March 22, 2005 when neither she nor Alston appeared;
And pursuant to the April 26 Order, counsel to Republic Bank filed a motion for
sanctions to recover its costs of defending Clark’s Motion to Reconsider Order Granting
Relief from Stay at the hearing which Alston failed to attend and which was therefore
continued until May 3;
It is hereby ORDERED that:
1. Alston is in civil contempt of the April 26 Order. Until he requests a hearing to
appear before me to explain his misfeasance in these cases, the contempt shall continue.
Until purged, he may not file any new bankruptcy case in this Court. Until relieved of this
sanction, he shall advise potential clients that he is unable to file petitions.
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2. The oral motion of Reginald Brown (“Brown”) for reimbursement of legal fees
paid in the amount of $1,000 is GRANTED. As Brown’s mortgage company is willing to
work out a stipulation concerning repayment of post-petition arrears, that amount will be
paid to Brown by May 12, 2005 to facilitate the mortgage arrears problem that Alston
failed to assist Brown with.
3. Clark’s oral motion for reimbursement of legal fees paid in the amount of $1,100
is GRANTED. 	As Clark is in need of immediate legal assistance, Alston will disgorge
the $1,100 by May 20, 2005.
4. 	Republic’s motion for sanctions is GRANTED in part. 	An award of $500
representing the cost of counsel’s two futile appearances is ordered to be paid by June 3,
2005.
5. Alston will certify each payment when made by filing an affidavit in the respective
bankruptcy case.
6. Failure to make such payments when due and/or file petitions in violation of this
Order will result in further sanctions on notice to him, including a continued bar on filing
cases in this Court and the termination of his electronic filing password.
DIANE WEISS SIGMUND
Chief U.S. Bankruptcy Judge
cc: Judge Thomas M. Twardowski
Judge Bruce I. Fox
Judge Stephen Raslavich
Judge Kevin J. Carey
Walter Stoertz, Acting Clerk
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In re Reginald Brown - Bankruptcy No. 04-30596DWS
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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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