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

• Court: District Court, S.D. New York
• Decided: October 6, 2021
• Docket: 1:21-cv-02326
• Status: Unknown

Opinion

USDC SDNY = het DOCUMENT UNITED STATES DISTRICT COURT ELECTRONICALLY FILED SOUTHERN DISTRICT OF NEW YORK DOC eg DATE FILED:

Jeanette Y. Brown, Appellant, 21-cv-2326 (AJN) —y— ORDER Deborah J. Piazza, Appellee.

ALISON J. NATHAN, District Judge: This appeal was filed on March 17, 2021, by Jeanette Y. Brown on her own behalf. Dkt. No. 1. This Court dismissed the case on July 16, 2021, for failure to pay the filing fee. Dkt. No. 3. According to the U.S. Bankruptcy Court’s public docket in case 19-BK-12447, docket number 199, the fee has since been paid. The Court received in the mail the attached letter from Bernel A. Richardson, a Deacon in Bronx Miracle Gospel Tabernacle, Word of Faith Ministries, Inc., the Debtor in the underlying bankruptcy proceedings. Ms. Brown is listed in the letter as a Minister of the Church, but she apparently did not write or sign the letter. The individuals listed in the letter may not prosecute this appeal on Ms. Brown’s behalf. None of the signatories to the letter purport to be attorneys licensed to practice in federal court. Though individuals, including Ms. Brown, have a right to represent themselves in federal court, they “may not appear pro se in the cause of another person or entity.” Pridgen v. Andresen, 113 F.3d 391, 393 (2d Cir. 1997). The Court also observes that the letter and its attachments do not appear to involve any

topics at issue in the Order dated February 3, 2021, which Ms. Brown appealed, but instead raise legal claims on behalf of the Church itself. An entity like the Church must be represented in federal court by legal counsel. MAG-V-Inc. v. Brooklyn Legal Servs. Corp., No. 17-CV-758 (PKC), 2017 WL 1497959, at *2 (E.D.N.Y. Apr. 26, 2017). For the reasons given, the Court will take no further action regarding this letter. The Clerk of the U.S. Bankruptcy Court, Southern District of New York shall refund the filing fee paid upon request. The Clerk of Court is respectfully directed to mail a copy of this Order to Bernel A. Richardson at the address provided in the letter: Bernel A. Richardson 4359 Furman Ave., #3B Bronx, NY 10469

SO ORDERED.

Dated: October 6, 2021 New York, New York MMi \ Ig ALISONJ.NATHAN United States District Judge

Jesus Christ 1s Lord of All (i) ALA eer |) Og “2 yo WE We, OCT De ET oe Son! □□ we Fan SS Ng ey, oe * Mei trea Word Of Faith Ministries erg EN py ALY The Rt. Hon. Rev. Dr. Rabbi, Keith Elijah Thompson ~~“4g5~“¢ Gey Pe Pastor, Chief Apostle 8565 € □□ Phone: (718) 515-4880 Fax: (718) 515-5053 Email: BronxMiracle@yahoo.com | Website: BronxMiracle.org

Hon. Alison J. Nathan Judge, United States District Court PPECEIVER) ee Pi Re: Order of Dismissal Case No: 1.21-cv-02326-AJN ALISON J. NATHAN US. DISTRICT JUDGE In Re: Bronx Miracle Gospel Tabernacle — Word of Faith Ministries, Inc. Notice of Appeal Bankruptcy Document #199 Your Honor, My name is Bernel A. Richardson, and | am a Deacon in Bronx Miracle Gospel Tabernacle, Word of Faith Ministries, Inc. In early 2021, | was instructed by the Attorney representing our Church Bronx Miracle Gospel Tabernacle to file an Appeal in the U.S. Bankruptcy Court, Southern District regarding a disputed decision rendered by the Bankruptcy Court. | was further instructed to file this Appeal Pro Se since it referred specifically to a matter affecting me personally. | was also instructed to request a waiver of fees. The Church submitted a Letter of Request to the then newly assigned Judge David Jones, Bankruptcy Court requesting additional time to file an Appeal. Unfortunately, due to a lack of knowledge on our part, we not of Legal understanding, mistakes were made and regretfully follow-up was not undertaken. We mistakenly were awaiting a response to our request for additional time to file and did not realize a fee had to be paid to move forward. Your Honor, we have moved immediately to rectify the situation by contacting the Clerk of the Bankruptcy Court and paying the necessary fees. We are now respectfully and

prayerfully asking that the Dismissal Motion issued on July 19t*, 2021, be lifted, allowing Bronx Miracle Gospel Tabernacle Word of Faith Ministries, Inc. reinstatement in Bankruptcy Court, Southern District. Judge Nathan, | appeal to you to please consider our request and rule accordingly. The Future of our Church, Bronx Miracle Gospel Tabernacle, Word of Faith Ministries Inc. rests with your decision. Your Honor, | thank you for your consideration in this request and apologize for my misunderstanding in this matter. Sincerely yours, -

Bernel A. Richardson’ Deacon Bronx Miracle Gospel Tabernacle Word of Faith Ministries, Inc.

YUSSUF D. ADEYI NOTARY PUBLIC-STATE OF NEW YORK No. 01406232321 Qualified in Bronx County ommission Expired 14-06. 2A

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“The words that | speak unto you they are spirit and they are life.“ (John 6: G3) □□□□□□

Jesus Christ is Lord of All seeped 7: Ore So At Gem & On is Oe te Vw The Rt. Hon. Rev. Dr. Rabbi, Keith Elijah Thompson —~“24g5~ “a, Vy, a Pastor, Chief Apostle 6565 EE Te Phone: (718) 515-4880 Fax: (718) 515-5053 Se mo Email: BronxMiracle@gmail.com | Website: BronxMiracle.org

ATTACHMENT Re: Order of Dismissal July 16, 2021 Case No: 1:21-cv-O2326-AJN

In Re: Bronx Miracle Gospel Tabernacle Word of Faith Ministries, Inc. Notice of Appeal Bankruptcy Document #199

In accordance with the statement “Petition has failed to pay filing fee”, be advised that on day of (021 a filing fee of $298.00 was paid to U.S. Bankruptcy Court to the attention of the Clerk of the United States Bankruptcy Court, Southern District of New York.

Date: September 20, 2021

“The words that | speak unto you they are spirit and they are life.” (John 6: G3)

United States District Court Southern District of New York

Re: Bronx Miracle Gospel Tabernacle Chapter 11 Word of Faith Ministries, Inc. Case No. 19-12447 (SMB) a/k/a Bronx Miracle Gospel Tabernacle, Inc.

Membership of Bronx Miracle Gospel Tabernacle Objection To Trustee’s Motion For An Order Dismissing The Chapter 11 Case

To: The Honorable Alison J. Nathan Judge, United States District Court

The Listed individuals as Members of the Church, Bronx Miracle Gospel Tabernacle, Word of Faith Ministries, Inc a/k/a Bronx Miracle Gospel Tabernacle, hereby submits this Opposition to the Trustee’s Motion for an Order dismissing the Debtor (Bronx Miracle Gospel Tabernacle, Word of Faith Ministries, Inc.) Chapter11 Case and respectfully states as follows: Statement: We, the listed individuals (petitioners) in full compliance of membership in Bronx Miracle Gospel tabernacle Word of Faith Ministries Inc. is respectfully requesting that the Court grant the Debtor (Bronx Miracle Gospel Tabernacle, Word off Faith Ministries Inc) the right to remain under the protection of Chapter 11 in the United States Bankruptcy Court. We respectfully ask that this request be granted for the following reasons: 1. Awaiting a pending decision from the Appellate Court, 2"4 Circuit. 2. Allow for the preparation of a Reorganization Plan to be submitted by the Ministry that will legally address the long standing and damaging actions taken by Newell Funding LLC / Thomas Borek against our Ministry. Please note that our property, the sole asset of the Ministry was improperly sold with the legitimate authority of the Court. For all the above stated reasons, we the Membership of Bronx Miracle Gospel Tabernacle, Word of Faith Ministries, Inc., ask that the stated request to remain under the Chapter 11 Protection of the U. 8. Bankruptcy Code be granted.

So, Say We All, o Rev. Dr. Keith Elijah Thompson, Pastor 2934 Pearsall Avenue, Bronx, NY 10469 o Rev. Yvonne Mae Thompson 2934 Pearsall Avenue, Bronx, NY 10469 o Jeanette Y. Brown, Minister 15 S. 15 Ave, #281, Mt. Vernon, NY 10551 o Cynthia Williams, Elder 1045 E. 226 Street, Bronx, NY 10466 o Bernel A. Richardson, Deacon 4359 Furman Ave, #3B, Bronx, NY 10466 o Franklyn R. Robinson, Deacon 3003 Wilson Avenue, Bronx, NY 10469 o Steve Burton, Deacon 1018 E. 213" Street, Bronx, NY 10469 o Jean Weise, Deaconess 928 Duncan Road, Bronx, NY 10469 o Sharon Burton, Deaconess 1018 E. 213" Street, Bronx, NY 10469 o Annie Moore. Deaconess 2031 Strang Ave., Bronx, NY 10466

Membership Objection: to Trustee’s Motion to Dismiss the Chapter 11 Case pg. 2

Membership List (cont’d) So, Say We All, o Winsome Ferguson, Deaconess 3299 Bronxwood Ave. Bronx, NY 10469 o Hermin V. Young, Missionary 642 E. 222"4 Street, Bronx, NY 10466 o Etta Brown, Missionary 1110 E. 232" Street, Bronx, NY 10466 o Norma Johnson, Missionary 841 E. 225 Street, Bronx, NY 10466 o Elijah Thompson, Musician 3555 Olinville Ave, Apt. 1D, Bronx, NY 10467 o Sharice Thompson, Member 2934 Pearsall Ave, Bronx, NY 10469 o Horace Hall, Member 85 Harper Ave, Bronx, NY 10466-5855 o Marion Hall, Member 85 Harper Ave, Bronx, NY 10466-5855 o Joseph Quainoo, Member 1306 Chisholm Street, #3H, oO Bronx, NY 10459 o Alexander Boswell, Member 3017 Bronxwood Ave, Bronx, NY 10469 o Maxine Brown, Member 417 Brook Avenue, Bronx, NY 10454 o Elder William Wright o Erold Williams o Carolyn Skinner o Maxine Rose-Hall

Dated: New York, New York February 15,2021 s/ Rev. Dr. Keith Elijah Thompson /s pp September 20, 2021 Rev. DR, Keith Elijah Thompson / Pastor, Bronx Miracle Gospel Tabernacle

YUSSUF D. ADEY! S/ Bernel A. Richardson / UL NOTARY PUBLIC-STATE OF NEW YORK Bernel R, Richardson No, 01AD62328?! Deacon, Bronx Miracle Gospel Tabernacle Qualifiedin Bronx County QA ’ My Gommission Expires 1 2-06-22. ob —~ [20a

Membership Objection: to Trustee’s Motion to Dismiss the Chapter 11 Case Ps-

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK

Bronx Miracle Gospel Tabernacle, Word of Faith Ministries, Inc These Plaintiff are Members of the Church. CASE No. Rev. Dr. Keith Elijah Thompson, Rev. Yvonne Mae Thompson, Minister Jeanette Y. Brown, Elder Cynthia Williams, Deacon Bernel A. Richardson, Deacon Franklyn R. Robinson, Deacon Steve Burton, Deaconess Jean Weise, Deaconess Sharon Burton, Deaconess Annie Moore, Hermin V. Young, Winsome Ferguson, Etta Brown, Maxine Brown, Norma Johnson, Elijah Thompson, Sharice Thompson. 19-124478 SMB

CASE No. 1.21-cv-02326-AJN vs.

Deborah J. Piazza, Trustee Jill Makower, Counsel Scott S. Markowitz, Counsel Tarter Krinsky & Drogin LLP Defendants

COMPLAINT FOR A CIVIL CASE The Church As Victim of Collusion

Bronx Miracle Complaint For Civil Case Page | 1

Parties To The Complaint A. The Plaintiff Bronx Miracle Gospel Tabernacle, Word of Faith Ministries, Inc. P.O. Box 128 Bronx, New York 10467 Phone: (914) 349-3400 Email: BronxMiracle@yahoo.com B. The Defendants Defendant No. | Deborah J. Piazza Title: Trustee 1350 Broadway, 11" Floor New York, NY 10018 Phone: (212) 216-8000 Email: dpiazza@taterkrinsky.com Defendant No.2 Tarter Krinsky & Drogin LLP Title: Attorneys for Trustee Jill Makower, Counsel Scott 5. Markowitz, Counsel 1350 Broadway, 11" Floor New York, NY 10018 Phone: (212) 216-8000 Email: jmakower@tarterkrinsky.com Email: smarkowitz@tarterkrinsky.com

Basis For Jurisdiction Basis for Federal Court Jurisdiction

Bronx Miracle Complaint For Civil Case Page | 2

Basis For Federal Jurisdiction: This issue of Bronx Miracle Gospel Tabernacle, Word of Faith Ministries, Inc., (Petitioner), with Deborah J. Piazza (Defendant) is currently within the U.S. Bankruptcy court, Southern District [Case No. 19-124478 (SMB)] Statement of Claim: This claim is being filed by the Membership of Bronx Miracle Gospel Tabernacle Word of Faith Ministries, Inc., a Well-Established Religious entity with over forty years (40) years of continuous service to the County of the Bronx, City of New York, against Deborah J. Piazza an appointed Trustee by U.S. Bankruptcy Court in the matter of a Chapter 1 1 case: No. 19-12447 (SMB) and attorneys Scott S$. Markowitz (Defendant) and Jill Makower (Defendant) legal counsel to said Deborah J. Piazza.

The stated claims are based on the deliberate, consistent actions on the part of the defendants to inflict damages both financial, emotional, and otherwise on the leadership and membership of Bronx Miracle Gospel Tabernacle, Word of Faith Ministries Inc.

An abbreviated presentation of such actions is outlined. 1. Initial Meeting of Ministry Leadership and Defendants Late February 2020 a meeting of introduction was arranged between the leadership of Bronx Miracle Gospel Tabernacle, Trustee, and her Attorneys. Expectation of the Ministry was that such a meeting would be open to how the Trustee and Ministry could work together to resolve the outstanding issues. Initial contact with Attorney Markowitz, his statement to one of the Officers of the Ministry was, "Deborah was now his boss and we need to be aware of that fact." That statement set the tone for the ensuing relationship. _ The anticipation on the part of the ministry was to engage in a mutually beneficial dialogue, it became obvious that even then, a decision had been reached by Trustee, her Attorney and the principal Creditor, Newell Funding LLC to sell the property, regardless of intent of

Bronx Miracle Complaint For Civil Case Page | 3

the Ministry. This was documented by the presence of a real estate broker (with connections to the creditors) and a potential buyer.

2. Arbitrarily Closing of The Church

As the pandemic became a major concern, the Church out of concern for its membership, even with a seating capacity of close to four (400) hundred, took steps to comply with the mandates issued by the State. Last service in compliance was scheduled, with all the necessary sanitary steps in place. On Tuesday, March 24", 2020, The Ministry was shocked, stunned and emotionally and psychologically drained when it found the locks changed, with no attempt made to contact the Pastor, Legal Counsel, or any other individual in leadership. Reason giving by the Trustee and attorneys was to protect the membership of the Ministry. This preposterous statement was proven to be a fallacy given that throughout the most serious and difficult days of the pandemic, late spring, early summer, the Trustee, Attorneys and Broker for the Creditor continued to open the building to a procession of potential buyers. While entry into Churches were allowed and small gatherings became permissible by the State, with restricted attendance for Special Events, Weddings and Funerals; the Church and its Membership was prevented from engaging in such services due to the denial of access by the Trustee.

3. Seizure of Church Property Without Due Notification Trustee and Attorneys engaged in actions that caused damaged both to the integrity of the Ministry and reputation in the community. Without any provocation or notification, the Trustee or its attorneys broke the locks on the private offices of the Pastor and Minister of Administration removing computers, both Church owned and personal and refusal to return said property, even after possession has no bearing on the continuing Legal matter.

Bronx Miracle Complaint For Civil Case Page | 4

As part of this "break-in", to the offices, security system was removed, telephone systems were disrupted, files with private information were left scattered throughout the hallways.

4. Action Leading To Closing of Case For Damages To Church Property The Ministry had initiated a Civil Action against the property next door for serious damages made to the Church property. The Civil Court informed the Ministry that at the Order of the Trustee and Attorneys, the Court was instructed to abandon the case. This act denied the Church the damages it was legally entitled.

5. Setting of loan Value For Property While the Ministry was not pleased with the decision to sell its only asset, it fully expected that the sale price would be at a level commensurate with its true value. To the dismay of the Ministry, the property was sold for an amount that primarily met the needs of the Creditor with remaining amount to cover the costs for Trustee and Attorneys. The low-ball amount paid for the property can be proven by the present sale price for the same building.

6. Elimination of Membership Equity In Sole Asset of Ministry Over the years, through their contributions, donations, offerings and more, including “sweat equity", the Membership had created a form of direct investment in the asset of the Ministry. The sale of the property for an amount that far decreased the value of similar sites, led to a destruction of the equity built up over the years, of devotion to the work of the Ministry of Bronx Miracle Gospel Tabernacle, Word of Faith Ministries, Inc.

7. Violation of The Religious Rights And Freedom To Exercise Religion In Accordance With The Tenets of Our Faith.

Bronx Miracle Complaint For Civil Case Page | 5

The Ministry, as others throughout the Country, could continue engaging in worship, via other forms of Communications. What was denied to our Ministry, but available to others, was the ability to secure various sacred items critical to performance of Worship. This act has had a severe effect upon the form of Worship customary to our Ministry for over forty years. To those who say such items could be purchase, indicate a lack of understanding of Christian Theology and the Sacred concept of Consecration.

8. Membership First Amendment Rights Violated This flagrant violation of the Religious Rights and Freedom to Exercise said Religion is an assault on the First Amendment Rights of the membership.

9. Unreasonable Fees For Services By Trustee and Attorney Submission of invoices by the trustee and Attorneys is both outrageous and unreasonable. Double billings for same services and other questionable items have increased the amount requested. By submission of these high amounts, the availability of funds that could be made to the Ministry have been greatly reduced.

10. Damaging Effects On The Leadership And Ministry The Ministry has spent over Forty Years Providing Spiritual and Secular Services to the Borough of the Bronx, City and State. The Leader of the Ministry, Rev. Dr. Keith Elijah Thompson is a well-known and respected Leader of the Clergy and Community and recent and continuing statements primarily by the Attorneys have sought to damage this reputation and thereby, the integrity of the Ministry. Statements as to his credibility damages not only hm personal, but the entire Ministry, its leadership and membership.

Bronx Miracle Complaint For Civil Case Page | 6

11. Trustee Defrauded The Church Defendants/Trustees colluded with the Lender Thomas Borek, Newell Funding to Defraud the Church. Creditor already got paid from the sale of the collateralization for the loan. e What the creditor received from the sale of the collateral property, far exceeded the loan that was made. e In Addition, Creditor brought claim in Bankruptcy Court against the Church even though he got paid. Trustee failed in its Fiduciary duties and responsibilities to protect the interest of the Church,

RELIEF:

The Plaintiff, Membership, Bronx Miracle Gospel Tabernacle, Word of Faith Ministries Inc. is requesting relief in the amount of Fifty Million Dollars, ($50,000.00) for collateral damage to the Ministry in the selling of sole asset for a price far beneath its worth; for damages to the reputation of the Ministry and its leadership and for emotional pain and suffering to the Membership through denial of their basic Religious Rights and Freedoms.

Bronx Miracle Complaint For Civil Case Page | 7

Certification And Closing Date of Signing: September 20, 2021

Signatures of Plaintiff 2 LU □□ 4 | / _ by - CO AKL fy □□ s/I Rev. Dr. Keith Elijah Thompson \ UWE fm Ben fz Pastor, Bronx Miracle Gospel Tabernacle 4 | / s/ Yvonne Mae Thompson TE rh) S pA Rev. Bronx Miracle Gospel Tabernacle

s/ Jeanette Y. Brown es o Minister, Bronx Miracle Gospe rabenys cle UX, s/| Bernel Arthur Richardson QWMrk OT Deacon, Bronx Miracle Gospel Tabernacle

Members of the Church Cynthia Williams, Elder Franklyn R. Robinson, Deacon YUSSUF D. ADEYI OTARY PUBLIC-STATE OF NEW YORK Steve Burton, Deacon No. 01AD6232321 Sharon Burton, Deaconess Mt Qualified in Bronx County 2 missi j Jean Weise, Deaconess Ssion Expires "2 06-- A” □ Winsome Ferguson, Deaconess 50 Ade Hermin V. Young, Missionary Norma Johnson, Missionary 9 | 501 20d | Elijah Thompson Horace Hall Marion Hall Sharice Thompson Shalene Thompson Shavonne Thompson Maxine Brown

Bronx Miracle Complaint For Civil Case Page | 8

Bronx Miracle Complaint For Civil Case Page | 9