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Celebrate the Year of the Stax Museum in Memphis
I'm not just wishing you a happy new year. I'm wishing you a happy Year of the Stax Museum.
In a press conference happening today at America's soul museum, Memphis Mayor A C Wharton is officially proclaiming 2013 the "Year of the Stax Museum."
It's not enough that 2013 marks the museum's 10th anniversary (look for the Tennessee Governor's office to soon name May 2, the anniversary of the museum's grand opening, as Stax Museum Day statewide). At the close of 2012, editors at National Geographic Traveler named Memphis one of the 20 "Best Trips" for 2013, citing Stax as one of their main sways.
We confirmed the lure of Stax a long time ago (read this for a refresher), but isn't it nice to get a reminder from the national media – and a fresh take on an old favorite? Here's what to look forward to in this Year of the Stax Museum:
1. See what's so Staxtacular
Get a jumpstart on the party at this benefit for the Stax Music Academy, the middle/high school located adjacent to the museum where the curriculum, after-school and summer programs are infused with music and the legacy of Stax Records. Staxtacular will go down the evening of Jan. 26 at the museum – expect appearances by Memphis Grizzlies' Tony Allen, Marc Gasol and Zach Randolph; an open bar featuring tastings of Tennessee-made Prichard's bourbon; an epic buffet where sushi and Southern tastes co-exist and – the main event – a live set by The Bo-Keys with Percy Wiggins, dedicated to the museum's anniversary. Additional information and tickets available here.
2. Hear "The Sacred Side of Soulsville"
If you haven't heard the Stax Music Academy students perform, resolve to Feb. 5 at 7:30 p.m., they'll be presenting an original musical production, "The Sacred Side of Soulsville," in honor of Black History Month at downtown Memphis' Cannon Center for the Performing Arts. The Rance Allen Group, Stax artists credited with early-infusing gospel music with contemporary sounds like R&B, will guest-star. Tickets available through the Cannon Center or Ticketmaster.
3. Tour Stax with a member of The Memphis Horns
If 2013 is a year to celebrate, 2012 was a year to say goodbye – to Stax Records and music legends Duck Dunn and Andrew Love. Just before Love's death, he and his Memphis Horns co-founder, trumpeter Wayne Jackson, were honored with a Grammy Lifetime Achievement Award. Today, you can commission Jackson for a private, guided tour of the museum (email firstname.lastname@example.com to arrange yours). I can't imagine a better way to tour Stax than with one of the men behind the music. To prep for your tour, put "Soul Man," "Try a Little Tenderness" and "Let's Stay Together" at the top of your playlist.
4. Get down at Stax to the Max
Mark your calendar now for Stax's annual street festival on Sat., April 27. We loved last year's event for the food trucks, face painting, bounce houses and free museum admission (all set to live music, of course), but the 2013 fest promises even more thanks to a sponsorship by ArtsMemphis. Keep an eye on the academy's home page for updates.
How will you be celebrating the Year of the Stax Museum? Comment below with your resolutions, and feel free to mention your favorite Stax song – tune in here for inspiration.


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we have replaced the battery and fuel pump but it still quits sputters and misses. It happens whe...
Chevrolet Q&AAsk Your Question
All 1998 Chevrolet Venture questions
When driving quit, skips, sputters, cuts off and misses. What's wrong with it?
My battery won't recharge
I've replaced alternator which tested bad, new battery, checked connectors on battery and alt...
I got a 1998 chevrolet adventure van when I go put gas in it the gas leaks out?
The gas seems to be coming out directly from under the gas tank... not to mention my van is ruste...
My venture has a 3.1L. When it suppose to have a 3.4 SFI,is that fraud or no?
I got it in on a used car dealer!
Why some pistons r diferent sizes on the 3.4 sfi and have diferent position ?
I tokit apart n can getit back in
How to take alternator off?
What has to come off to get alternator off?
the battery is fully charged but the battery light stays on what would causethis
is it a bad connection on battery or a bad alternator?
all of sudden my air flow stop on windshield glass
all of sudden my air flow stop on windshield glass so i can't drive in rain. if i block (clos...
i replace water pump and change the thermostat van still over heat
i also bleed the air out
How long should it take a garage to replace the thermostat?
I was charged for only 2 hours of labor to replace the thermostat and I still have the overheatin...
are there freeze plugs on the rear left of motor.Coolant flows freely out, but
can not see where it is coming from
Van leaking oil, grocery store died wouldnt start added some, ran but hard time.
Just got it back fromt he mechanic a few weeks ago, replaced the transmission. Since we got it ba...
how do you change the engine control computer?
looking up the computer online it say that there is onboard programing after installation. is thi...
why don't the cooling fans come on?
the temperature gauge looks like its getting hot, but the fans dont come on unless you turn on th...
why is my van overheating?
the fans dont come on unless i turn on the heater. i changed the coolant temperature sensor but t...
This week's top 10
|1 pushrod
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subset: commoncrawl


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Ugandan Parliament re-introduces anti-Gay Bill
According to this op-ed in the Globe and Mail the Ugandan Parliament is once again trying to sneak the barbaric anti-gay bill into legislation.
It was attempted in 2009 but world outrage seemed to win the day. Its back and seemingly with a vengence.
Using the Kony 2012 video to teach our youth about real global solidarity
Maybe you're like me, and all of a sudden, your child or your students ask, no, insist that you watch the viral video "Kony 2012." "So, like 70 million people have seen it, it's so amazing! You HAVE to see it!" She wants your opinion or he wants your approval because they are totally excited and plan to purchase the kits and go out with friends and plaster "Kony 2012" posters everywhere.
Ugandan Paper Names 'Top Homosexuals' With Photos and Addresses
Outcry As Ugandan Paper Names 'Top Homosexuals'
"Gay Ugandans have faced a fortnight of attacks and intimidation say human rights campaigners, after a local newspaper published a list of the country's 'top 100 homosexuals'.
As well as naming gay Ugandans - complete with photographs and addresses - Rolling Stone newspaper also claimed that a deadly disease was attacking homosexuals in Uganda and said that gays were recruiting 1 Million children..."
Slouching Towards Kampala: Uganda's Deadly Embrace of Hate
Uganda anti-gay measure sparks global debate
A new bill, the Anti-Homosexuality Bill, seeks to legislate against lesbian, gay, bisexual and transgendered (LGBT) people in Uganda. And it wants to pave the way for its harsh treatment of them by nullifying any international treaties, conventions or declarations believed to be contrary to it.
"The bill is so inhumane ... It violates every aspect of a human being. I mean you cannot tell me you will kill me because I'm gay," says Gerald Sentogo, the gay administrator for the organisation Sexual Minorities Uganda.


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2014 National Dance Week
This year's National Dance Week, spearheaded by the National Dance Week Foundation, will be Friday, April 25 through Sunday, May 4. The goal of the week is to celebrate dance and promote fun fitness.
National Dance Week will host contests, performances and activities for the whole family in locations all over the U.S.
For the third year, dance studios and programs are encouraged to get involved and to perform a flash mob in their city.
Read more about National Dance Week 2014 at Dance Informa.


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Broken Plow Photo Tour
I thought after I waxed so poetically about the mecca known as the Broken Plow, you might want to see some photos. If not, you are going to see them anyway. These were all taken this morning as the Husband and I took a stroll around.
Beautiful, isn't it? So much fun family history there. My parents were married on the property, as were my brother and sister-in-law. And my husband and I were married there as well. I was very fortunate to grow up here!
Alright enough of that. Post-walk, we all piled into the pool to wrangle assorted inflatable miscreants. The purple seahorse (that kind looks like a dragon) was definitely the problem-child of the group.
While sipping on a fruity beverage. Namely, Dad's strawberry margaritas.
I was not successful (in miscreant wrangling, not fruity beverage sipping). Somehow my hand found itself into this deliciousness no less than 10 times.
Finally put an end to the noshing when I saw the list of ingredients on the back of the bag. It was literally 3 inches long and had corn syrup listed three different times! Not something you'd usually find on the Broken Plow, but Mama got it for free thanks to her being the Mistress of All Things Coupons.
Plus, better things were to come. Like this foolishness.
Filled a plate with a few ribs, cantaloupe, yellow watermelon, baked beans and white sweet corn.
Made my way back up for one more rib (palate cleanser, right?) but was totally happy with this plate of food. And then the Key Lime pie made it's resurgance.
Learned my lesson last night and shared this slice with the Hubs. See. Sharing.
A much more successful pie-venture.
After dinner, chalk art was made…
And chalk art was "appreciated" by Jada the Boxer Puppy.
Caterpillars were examined.
Loot was gathered. (We snagged two of the freshly picked 'loupes and three jars of pickles)
And then we said our good-byes because I had a date with my Sunday night Zumba class. On the drive back I was so exhausted (all the miscreant wrangling) that I thought there was no way I could do it. But I put on a happy face and faked it. After all, I did pre-pay for this exact reason, to keep me from skipping.
Plus, the Husband was going to go to the gym and run. I couldn't very well skip out on Zumba while he was working hard. Peer pressure is a pretty strong motivator.
Luckily, by 5 minutes into class I felt awesome and awake. Our instructor threw in some new songs and had some really high-energy, high-impact jumping. It was awesome. Left feeling sweaty, exhausted and totally happy.
Score another one for the Bondi Band. Didn't have to even adjust it once. Even though I was jumping around like a mad woman for an hour.
That should say, "Bondi Bands kick butt!"
Alright, that was a long one, my friends and I'm exhausted. Hope you had a fantastic weekend. Until tomorrow.
5 Comments
So did you photograph that Chex mix after I picked all of the Chex out of it?
The blog is beautiful!
love, Aimee
Haha! I'm surprised there were any of the rye toasts left. Those are my favorite. Thanks, Aimee!
Have I mentioned recently that I'm SO glad you're blogging? I loved the homestead tour! And you make me want to join a gym, something I can assure you hasn't really struck me before You and C look so darn happy and cute together.
I never got the gym thing to stick either until I joined the one that is literally 90 seconds from my door. I drive past it 2-4 times a day and it just makes it SO easy to go.
Looks just like I remember. Of course, it was only yesterday but at my age that was a long time ago.


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2013-11-19 21:22:00
DETROIT - Detroit Red Wings defenceman Danny DeKeyser will be out at least for the rest of the week after injuring his left shoulder in a 2-0 loss to the Nashville Predators on Tuesday night.
DeKeyser was checked into the boards on his second shift early in the first period by Predators forward Patric Hornqvist.
"He's out for a bit," Red Wings coach Mike Babcock said. "I don't know the total details. I don't know if anybody has come out and decided anything or if they're going to wait until (Wednesday) to tell you exactly how long it'll be. But he's definitely not playing this week."
DeKeyser entered the game with two goals and ranked among rookie leaders with seven assists.
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Are the Oilers right to not loan center Leon Draisaitl to Team Germany for the 2015 World Junior Championship?


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Humidity 69%
Winds 19.6mph
Humidity 69%
Winds 19.6mph
Jul 1, 2013 4:49 PM
CORPUS CHRISTI - The man who walked away from a minimum security federal prison near Three Rivers is still on the run. Early Friday morning, prison officials discovered Jose Guadalupe Aguilar, 28, was missing.
U.S. Marshals, state troopers, and area prison officials spent most of that same day searching for him in heavy brush along Highway 72 south of the Choke Canyon Reservoir.
Aguilar is a native of Brownsville who was in the middle of serving a nine month sentence for violating his parole on a weapons charge. He was scheduled to be released in October. He's 5'8" and weighs 155 pounds.
If you see Aguilar, do not approach him, as he is considered armed and dangerous. Call the U.S. Marshals Service at (361) 578-4932.
3 hours ago
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Used Car Search Advanced Search
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Autoelite (Bristol)
Dealer Stock List
Autoelite provide quality second hand and used cars in Bristol, and the surrounding area. Please contact Autoelite about any of the used cars they are advertising on the CarSite Website, ideally contact them via the enquiry form. Remember to include a contact number if you want Autoelite to get back to you promptly. CarSite only deal with quality garages, so be assured that Autoelite will surpass your expectations.


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Most of the wineries in Santa Cruz are small, family-owned facilities. They are focused on creating the finest wines possible rather than on quantity. Wine tasting at Santa Cruz wineries costs between $3-$10 per taster.
The practice of sharing a glass as a couple is widely accepted. Central Coast wine tasting means fine wines, ocean views, and friendly tasting rooms. Choose from wineries located in the beautiful Santa Cruz Mountains or from city sites.
While sampling wine at Santa Cruz wineries, you really should visit that last seaside amusement park left. Santa Cruz Beach Boardwalk is located on a sandy beach, and features thrilling and classic rides, minature golf, video arcades, food, bowling, and live entertainment.
After learning about Santa Cruz wineries, check out these other fun things to do in Santa Cruz:
Turn your Central Coast wine tasting experience into a fabulous California Wine Tour by staying at Seascape Resort. This is a beautiful place to stay with stunning ocean views. Rated 4 diamonds by AAA, Seascape Resort is recognized for its beautiful facilities, numerous amenities, and friendly service.
Looking for a romantic restaurant? Shadowbrook Restaurant has won numerous awards for "Most Romantic Restaurant". It's beautiful setting along a creek just 4 miles south of Santa Cruz along with its fabulous ambiance has earned Shadowbrook a well earned reputation for romance. It's a fabulous place to dine on the California Central Coast.
Bargetto Winery
Address: 3535 N. Main Street, Soquel, CA 95073
Telephone: (831)475-2258
This Central Coast wine tasting room is in a lovely setting overlooking Soquel Creek. Bargetto Winery specializes in Italian varietals and dessert wines. They have a second wine tasting room on Cannery Row in Monterey.
Bonny Doon Vineyard
Address: 328 Ingalls St, Santa Cruz, CA 95060
Telephone: (831) 425-4518
Open daily for California Central Coast wine tasting 11 AM – 5 PM
The tasting room of Bonny Doon has many wines to taste including a large number that are only available at the tasting room. Two that we especially enjoyed that you can only get at the tasting room were the Sauvignon Blanc and the Barbera d'Asti. If you like dessert wines, they have a good selection....including the Framboise "Infusion of Raspberry", which won a Gold Medal at the SF Chronicle Tasting. This highly rated wine has sensational berry flavors.
Burrell School Vineyards
Address: 24060 Summit Rd., Los Gatos, CA 95033
Telephone: (408) 353-6290
Open Weekends for California Central Coast wine tasting 11 AM – 5 PM
This Santa Cruz winery is located at the historic 1890 Burrell School House.
Cooper-Garrod Vineyards
Address: 22645 Garrod Rd., Saratoga, CA 95070
Telephone: (408) 867-7116
Open Weekends for Central Coast wine tasting 11 AM – 5 PM; Weekdays Noon – 5 PM
This Santa Cruz winery was established in 1972.
Domenico Wines
Address: 1681-1697 Industrial Rd., San Carlos, CA 94070
Telephone: (650) 593-2335
Open daily noon - 5 PM.
La Nebbia Winery
Address: 12341 San Mateo Rd., Half Moon Bay, CA 94019
Telephone: (650) 726-9463
Open daily 10 AM - 5 PM.
Natal Vineyard
Address: 1310 Green Valley Rd., Watsonville, CA 95076
Telephone: (831) 750-0271
Open Saturdays 11 AM - 4 PM
Obester Wine Works
Address: 12341 San Mateo Rd., Half Moon Bay, CA 94019
Telephone: (650) 726-9463
Open daily 10 AM – 5 PM
Organic Wine Works
Address: 379 Felton Empire Rd., Felton, CA 95018
Telephone: (800) OWW-WINE
Open daily Noon – 5 PM
Their wines are organically grown and processed.
Pinder Winery
Address: 165 Cristich Ln., Campbell, CA 95008
Telephone: (877) 684-2601
Open Saturdays 10 AM – 3 PM
Pinder is a small, family owned winery.
Ridge Vineyards
Address: 17100 Montevello Rd., Cupertino, CA 95014
Telephone: (408) 867-3233
Open Weekends 11 AM – 4 PM
Roudon-Smith Winery
Address: 2364 Bean Creek Rd., Scotts Valley, CA 95066
Telephone: (831) 438-1244
Open Saturdays 11 AM – 4:30 PM
Sarah's Vineyard
Address: 4005 Hecker Pass Highway, Gilroy, CA 95020
Telephone: (408) 842-4278
Open daily 11 AM - 5 PM.
Thomas Fogarty Winery & Vineyards
Address: 19501 Skyline Blvd., Woodside, CA 94062
Telephone: (650) 851-6777
Open Thurs.-Sun. 11 AM – 5 PM
This Santa Cruz winery specializes in Pinot Noir, Chardonnay, Cabernet Sauvignon, and Gewurztraminer.


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Web posted and Copyright © March 17, 1999, American Bankruptcy
Mr. Chairman and members of the Subcommittee, my name is William Houston
Brown, a U.S. Bankruptcy Judge in the Western District of Tennessee, in Memphis. I am
appearing today as a representative of the American Bankruptcy Institute (ABI), a non-profit,
non-partisan organization of bankruptcy professionals engaged in research and education on
issues related to insolvency.
The ABI is the nation's largest organization in the field of bankruptcy, with over
6,500 members. ABI is not an advocacy group and does not take official positions on pending
legislation. Rather, ABI provides a forum for the analysis and discussion of insolvency issues,
which we hope will assist your understanding of the U.S. bankruptcy system. Our members
come from many different disciplines: law, accounting, finance, judicial, administrative, academia,
and more. ABI members represent both debtors and creditors, in both commercial and consumer
cases. ABI's multi-disciplinary approach and outlook makes us unique among those who appear
before Congress.
Together with Judge Eugene R. Wedoff of Chicago, I Co-chair the ABI's
Consumer Bankruptcy Committee. Judge Wedoff has prepared an analysis of the consumer
bankruptcy provisions of H.R. 833, which we incorporate into this statement.
I have served as a bankruptcy judge in the Western District of Tennessee since
1987. Prior to that appointment, I practiced law, representing both debtors and creditors, and I
have been a professor at three law schools.
My judicial district is one that has historically seen one of the highest numbers of
consumer bankruptcy filings, with 16,749 Chapter 13 cases and 5,991 Chapter 7 cases having
been filed in calendar year 1998, a small decline from calendar year 1997. My district's
bankruptcy filings each year are approximately 75% Chapter 13's.
This experience influences my views of the law and system. As a bankruptcy
judge, my principal task is to apply the law as Congress has written it, as well as applicable
nonbankruptcy law, to the cases or proceedings before me. Whether I personally agree with
those laws is not a consideration in my work as a judge. Likewise, in my participation in ABI's
effort to analyze the pending bankruptcy reform legislation, I have attempted to leave aside my
personal views in an effort to reach a compromise on certain recommendations that I will discuss
Bankruptcy law is complex and changes in the law often have unanticipated
impacts upon not only the practice and administration of that law but also upon broader
economic and policy issues. The ABI, through its members and its grants, has attempted to
provide some analysis of the bankruptcy legislation that was pending before the 105th Congress
as well as this Congress. For example, the ABI through a grant to Professors Marianne B.
Culhane and Michaela M. White of Creighton University School of Law, provided an
opportunity for another examination of means testing for Chapter 7 debtors and their repayment
capacity. This subcommittee will be hearing from one of those professors in a later panel, and I
will defer to her for testimony concerning their study.
It is not surprising, of course, that all members of the ABI will not agree with the
results of the Professors' study. Nor would all ABI members agree with my opinions or those
of any other professional in the bankruptcy arena. That does not diminish the importance of
Professors Culhane and White's study or of any other reports that result from ABI-sponsored
It would be impossible to expect that unanimity would occur in anything so
complicated or controversial as bankruptcy reform. This subcommittee and the full Congress
expect and deserve, however, the contribution of differing concepts and viewpoints as you work
to craft an agreement on such reform.
Judge Wedoff and I have led an effort for over a year to bring together a small but
diverse group of experienced professionals for a series of discussions on consumer bankruptcy
reform. This ad hoc group consists of representatives of consumer debtors, banking (both credit
card and secured lending), credit unions, automobile finance lenders, trustees (in both Chapter 7
and 13), accountants and bankruptcy judges.
This group, known as the ABI Consumer Bankruptcy Legislative Group, does
not attempt to speak as an official voice of the ABI or its full membership. But that Group was
able in its prior and continuing work to reach a consensus of those participants on many of the
more difficult subjects being addressed in the current bankruptcy reform legislation.
I believe that this consensus is very significant because it illustrates that,
despite personal differences of what each individual would prefer to see occur,
professionals and those with experience in the bankruptcy system can come to
agreement on compromises in many areas being considered in this legislation.
I do not suggest that given enough time we could agree on everything, but I
do urge the Representatives on this subcommittee, as well as the full Committee
on the Judiciary, to consider the compromises that have been reached. During
the 105th Congress, the ABI Consumer Bankruptcy Legislative Group sent a letter
to Chairman Henry Hyde, along with a list of sixteen specific recommendations
concerning reconciliation of the differences between H.R. 3150 and S. 1301 that
were pending before the 105th Congress. A copy of those recommendations is available
at ABI's Internet website, http://www.abiworld.org.
Some of those recommendations have now become stale, as a result of changes
made in the House Conference Report on H.R. 3150 and in H.R. 833. But, the group's
recommendations in some areas have been validated by provisions of H.R. 833,
such as a delay in the effective date for bankruptcy reform legislation in order
to permit the system to adjust to dramatic change.
That group continues to meet, as recently as March 10, in its ongoing effort to
contribute a consensus of recommendations for your consideration.
I want to emphasis the working process of this ABI Consumer Bankruptcy Legislative
Group. A pledge of confidentiality has been honored by the participants, to
assure that everyone would know that the brain-storming of ideas would not be
revealed until everyone was comfortable in signing off on the consensus reached
on particular recommendations. The work product of our Group from its March
10 meeting, as well as earlier meetings that concern H.R. 833, is being prepared
for circulation to the Group's members now, and we would anticipate sending
your subcommittee another set of recommendations specifically addressing some
of the major provisions of H.R. 833 within the next few days. A copy will, of
course, be posted on ABI's website, http://www.abiworld.org,
when it is sent to you.
Before addressing some comments to major changes proposed in bankruptcy law
by H.R 833, it would be helpful to first explore how consumer bankruptcy operates under the
current law. It is helpful to look at current bankruptcy law as a two-part system that (1)
determines the assets that are available to consumer debtors and (2) divides the assets, allowing
the debtor to retain some of those assets, and using other assets to pay various of the debtor's
The assets available: All consumer debtors have the same two basic types of
assets available to them: present assets and future assets. The present assets are what a debtor
owns at the time a bankruptcy is filed. These include tangible assets like a home, a car, clothing,
furniture, and cash, as well as intangible assets, like savings and retirement accounts and lawsuits
for personal injury. Future assets are those to which a debtor first becomes entitled after a
bankruptcy is filed. The principal future assets of most debtors are the personal earnings to
which they become entitled after the bankruptcy filing; other future assets include gifts received
or lawsuits accruing after the filing.
The classes of claims: In a bankruptcy case, the assets available to the debtor
are divided between the debtor and the debtor's creditors. The share of each creditor depends on
the type of claim the creditor holds. The Bankruptcy Code sets out several different classes of
(a) Secured claims. Debts that are supported by liens on property owned by
the debtor (like a home mortgage, or a lien on an automobile) are known as "secured claims." The
Bankruptcy Code generally provides that secured claims must be paid at least the value of the
collateral that supports them before that collateral can be used by the debtor or paid to other
creditors. In other words, the debtor and other creditors are only entitled to the "equity" that
exists in the property above the amount of the claim for which the property is collateral. In this
way, secured claims are generally first in the distribution of a debtor's assets. Claims that are not
supported by a lien on property of the debtor are known as "unsecured" claims.
(b) Priority claims. Certain claims are viewed by the Bankruptcy Code as being
especially entitled to payment. Examples include certain tax obligations, expenses of
administering a case in bankruptcy, and family support obligations of the debtor. Although these
claims against the debtor may not be secured, the Bankruptcy Code provides that when a
debtor's assets are distributed, these claims should be paid ahead of other unsecured claims, and
so they are known as "priority unsecured" or simply "priority" claims, in contrast to ordinary
("general") unsecured claims against the debtor.
(c) General unsecured claims. Unsecured claims that do not have priority
status and "general unsecured" claims are involved in nearly every consumer bankruptcy case.
Examples include most credit card debt and medical bills. However, even a creditor secured by a
home mortgage or automobile lien may hold a general unsecured claim. An important concept in
the Bankruptcy Code is that, whenever the value of collateral is insufficient to cover the entire
amount owed on the creditor's claim, the creditor holding the lien has both a secured claim (to the
extent of the collateral value) and an unsecured claim (in the amount of the deficiency in the value
of the collateral). Thus, a creditor with a $10,000 claim, secured by an automobile worth only
$7,000, is treated as having a secured claim of $7,000 and a general unsecured claim of $3,000.
(d) Nondischargeable claims. Ordinarily, when the distribution of a debtor's
assets under the Bankruptcy Code has been concluded, the debtor is given a discharge, wiping
out the debts that the debtor owed at the time the bankruptcy was filed. Thus, all of the debtor's
future assets, after the distribution, are allowed to be retained by the debtor. However, there is an
exception to the discharge for certain types of debt. Some of this debt is of the same nature as
priority debt (taxes and family support obligations), but the Bankruptcy Code also excepts from
discharge certain debts that were incurred through misconduct of the debtor, such as debts arising
from fraud and intentional injuries. These "nondischargeable" claims, to the extent they have not
been paid from the assets that are distributed during a bankruptcy case, remain payable from the
future assets of the debtor.
Chapter 7 bankruptcy: Distributing present assets to creditors. Since the
enactment of the Bankruptcy Act of 1898, the standard process of a bankruptcy case has been
for a trustee to collect the debtors' present assets, liquidate them, and divide the proceeds among
the debtors' creditors, with the debtors, in exchange, being discharged from their debts, so that
retain the right to their future assets, free of claims of creditors. This process, set out in Chapter
7 of the current Bankruptcy Code, is known as "liquidation" or "straight bankruptcy." Allowing
the debtors to use future assets free of creditor claims is known as the "fresh start."
There are, however, two features of Chapter 7 that vary the general plan of
liquidating present assets for distribution to creditors and leaving future assets for the debtor.
First, debtors are allowed to retain some of their present assets. The Bankruptcy Code sets forth
a list of "exempt" property, deemed necessary for debtors' maintenance. States may provide an
alternative to this list, and then either allow the debtors to choose between the two lists of
exempt property (state and federal) or else provide that the state exemptions are the only ones
available. In any event, debtors are allowed to keep some of their current assets as exempt,
excluding them from distribution in Chapter 7. Where debtors have no substantial assets beyond
those that are exempt, there will be no distribution to creditors. Cases such as these are known as
"no asset" Chapter 7 cases.
Second, debtors in Chapter 7 are not always discharged from all of their debts. As
noted above, some debts are nondischargeable, and these remain, after bankruptcy, so that the
creditors holding these claims may seek payment from future assets of the debtor. Moreover,
under certain circumstances (generally involving misconduct by the debtor in the course of the
bankruptcy itself), a Chapter 7 debtor may be denied a discharge altogether.
Taking all of this into consideration, Chapter 7 generally divides a debtor's assets
as follows:
Secured creditors are given the value of their liens in the debtor's present assets.
The debtor's exemptions are deducted from the present assets.
Any remaining present assets are liquidated and distributed, first to priority
claims, and then to general unsecured claims.
The debtor is given a discharge, allowing the debtor to have future assets free of
creditor claims, subject to nondischargeable claims.
Nondischargeable claims remain payable in full from the future assets.
Chapter 13 bankruptcy: Distributing future assets to creditors. Chapter 13 is
presented in the Bankruptcy Code as an alternative to the standard Chapter 7 liquidation.
The basic idea of Chapter 13 is to allow debtors to retain all of their present assets, in
exchange for paying to creditors, out of future assets, at least as much as the creditors
would have received if there had been a Chapter 7 liquidation. To accomplish this, the
debtor must propose a plan, administered by a trustee, to pay creditors through periodic
contributions from the debtor's regular income. Chapter 13 recognizes that debtors cannot
pay all of their income into the plan, since some income will be necessary for the support
of the debtors and their dependents. However, all income not necessary for that support
is defined as "disposable" income, and a Chapter 13 plan must either pay creditors in full,
or devote all disposable income to the plan. A plan that does not provide for full
payment of debts must have a duration of at least three years, and five years is the
maximum length of the plan. Because of the disposable income requirement, it is possible
for Chapter 13 plans to pay much more to creditors than they would have received in a
Chapter 7 bankruptcy.
Under current law, Chapter 13 is entirely voluntary. Only a debtor can propose a
Chapter 13 plan; a debtor has an absolute right to dismiss a case that was originally filed
under Chapter 13; and a debtor can convert a Chapter 13 case to Chapter 7 at any time.
To encourage debtors to choose Chapter 13 over Chapter 7 (and thus provide greater
payment to creditors), the Bankruptcy Code has two distinct types of incentives. First,
at the conclusion of a Chapter 13 plan, the debtor is given a broader discharge than is
available in Chapter 7. This "superdischarge" results in the discharge of several types of
debt (including those for fraud and intentional injuries) that are not discharged in Chapter
7. Second, debtors are allowed to keep property that is encumbered by liens, even though
they are in default on the underlying obligations. A debtor with a home in foreclosure or a
car subject to repossession may be able to retain the home or car by making payments to
the secured creditors through a Chapter 13 plan. Moreover, except for certain home
mortgages, the debtor in Chapter 13 may pay to a secured creditor the value of the
collateral, even though it is less than the full amount owing, and obtain a release of the
lien. Chapter 13 contains detailed provisions as to the type of payments required on
secured claims.
Plans in Chapter 13 are required to pay priority claims in full, over the course of
the plan, and not to discriminate unfairly among general unsecured creditors. Considering
all of its provisions, Chapter 13 generally divides a debtor's assets as follows:
The debtor retains all present assets.
The debtor contributes disposable future assets to a plan for a period of three to
five years, or for a shorter period sufficient to pay the debts in full. The
payments to be received by creditors must be at least as much as they would have
received in a Chapter 7 case. Secured creditors must receive at least the value of
their liens. Priority claims must be paid in full.
The debtor retains all nondisposable future assets during the time of the plan.
After the completion of the plan, the debtor is given a discharge, allowing the
debtor to retain all future assets, free of dischargeable creditor claims.
Nondischargeable claims remain payable in full from the future assets.
However, many debts that are nondischargeable in Chapter 7 are able to be
discharged in Chapter 13.
Choice of Chapter 7 or Chapter 13: Under current law, consumers have a
largely free choice between Chapter 7 and Chapter 13 as a form of relief. However, there
are some limitations, the most significant of which are the following: First, a debtor
cannot file any bankruptcy case within 180 days after a prior case was dismissed under
specified circumstances. Second, Chapter 13 is unavailable to individuals with large
amounts of debt (over $269,250 in unsecured debt or $807,750 in secured debt). Third, a
Chapter 7 case may be dismissed on motion of the court or the United States trustee if
granting Chapter 7 relief would be a "substantial abuse." Fourth, a debtor cannot receive a
discharge in a Chapter 7 case if that case was filed within six years of an earlier filing in
which the debtor received a Chapter 7 discharge.
The automatic stay: In either Chapter 7 or Chapter 13, an automatic stay goes
into effect at the time the case is filed, which generally operates to prohibit any collection
activity, including foreclosure and repossession, on debts that were in existence at the
time of the filing. In order to obtain the right to proceed with collection activity, a creditor
must obtain relief from the automatic stay. In either Chapter 7 or Chapter 13, a creditor is
entitled to relief if the value of its lien is declining or at risk of declining, and no action
(known as "adequate protection") is taken to make up for the decline. In Chapter 7, the
creditor is also entitled to relief if there is no equity in the property that might be
obtained for the benefit of creditors. In Chapter 13, relief is granted if there is no equity
and the property is not needed for the debtor's plan to be effective.
Judge Eugene Wedoff has been posting on ABI's website a section-by-section
analysis of the various bankruptcy reform bills pending before the Congress. He is at
work on that analysis of H.R. 833. His preliminary analysis, containing some
commentary on the major consumer proposals found in H.R. 833, follows:
Content: Chapter 7 cases would be subject to dismissal or conversion to Chapter
13 (on the debtor's request), pursuant to §707(b), if the case would involve
"abuse" of Chapter 7, instead of the "substantial abuse" now required. Motions
would be required to be presented by the Chapter 7 trustee in many cases, and
judicial discretion to deny the motions would be strictly limited.
There are several problems with the use of the IRS standards in calculating
disposable income. First, the IRS standards themselves include a category ("other
necessary expenses") covering the sort of individualized expenses that also can be seen as
arising from "extraordinary circumstances." The IRS standards do not specify any
particular allowance for "other necessary expenses," and thus trustees would have to
assess reasonableness on a case by case basis. If an expense arose from "extraordinary
circumstances," rather than being in the category of "other necessary expenses," detailed
scheduling (under oath from the debtor and the debtor's attorney) would be required.
Trustees would therefore have to determine how any given expense not covered by the
other IRS categories (such as costs of medical care) should be categorized.
Second, secured debt presents a problem for calculating disposable income under
the formula set out in the bill. The IRS expense allowances are intended to cover all
housing and transportation expenses, including the cost of acquiring a dwelling or
automobile. But because the bill's formula allows full repayment of secured debt in
addition to the IRS allowances, debtors are given double expense allowances in all such
situations. The bill therefore discriminates against those who rent either their housing or
their automobiles. Such renters will receive only the expense allowance provided by the
IRS standards (supplemented by any showing of extraordinary circumstances). Owners
of cars or houses, in contrast, would receive not only the IRS allowance, but the full
amount of their mortgage and auto loan payments as well, unlimited in amount.
Third, the fact that allowed expenses can be increased by incurring secured debt
provides a strategy for avoiding the means test. For example, a debtor who would
otherwise have disposable income of $400 per month could trade in an old car for a new
one, with monthly payments of $350, and the resulting increase in secured indebtedness
would reduce the disposable income to an amount that would not result in dismissal of
the Chapter 7 case. Another method of avoiding the means test would be for a debtor to
declare an intent to make charitable contributions. Section 4 of the Religious Liberty and
Charitable Donation Protection Act of 1998 allows debtors to contribute up to 15% of
their gross income to charity without those contributions being considered in making a
determination under §707(b). Thus, a debtor with an income of $60,000 could remove
$500 per month in disposable income by declaring an intent to make the maximum
charitable contributions.
Alternatives: Instead of using IRS collection standards for assessing disposable income,
means- testing might be based on data maintained by the Bureau of Labor Statistics. The
BLS publishes annually a table of average consumer expenditures, grouped by income
level. These tables would eliminate the confusion between "other necessary expenses"
and expenses arising from "extraordinary circumstances." BLS figures might also be used
to calculate presumptive maximums for acquiring housing and transportation, regardless
of whether the housing or transportation is purchased with secured credit or rented. BLS
categories could be incorporated into the schedules required to be completed by debtors,
allowing for a simple determination by trustees as to the potential for abuse under
Content: Debtor's attorneys would be required to reimburse
panel trustees for all costs of prosecuting a successful motion to dismiss or
convert under §707(b) of the Code, wherever the court found the filing
of the case "not substantially justified." If the court found a violation of
Fed.R.Bankr.P. 9011, it would be required to impose a civil penalty against
the debtor's attorney in favor of the United States Trustee or the case trustee.
Costs could be imposed against the proponent of a §707(b) motion only if
(1) the motion was not substantially justified, or (2) the motion was brought
"solely for the purpose of coercing the debtor into waiving a right guaranteed
. . . under the Bankruptcy Code," and (3) the moving party was not a panel trustee,
the United States Trustee, or a party in interest with an aggregate claim against
the estate of less than $1,000.
Commentary:It is desirable to provide some financial incentive
for trustees to prosecute meritorious §707(b) motions. Under current law,
if such a motion succeeds in having a Chapter 7 case dismissed, the trustee
is likely to recover none of the costs of prosecuting the motion. However, offering
the trustee a potential recovery from the debtor's attorney is problematic.
The potential for an award of sanctions against debtors' counsel may have a
chilling effect on representation of debtorsattorneys fearful of an award
of fees may be unwilling to file even appropriate Chapter 7 cases. On the other
hand, judges wary of this potential chilling effect may be unwilling to find
that Chapter 7 cases were filed without substantial justification.
There is also a problem with the limitation of liability in cases of unsuccessful
creditor motions under §707(b). The need for potential fee-shifting is due to the leverage
that creditors would otherwise have to extract reaffirmation agreements from Chapter 7
debtors: a creditor could threaten a §707(b) motion unless its debt was reaffirmed, and the
debtor, faced with the cost of responding to such a motion, might well accept
reaffirmation as a less costly option, even if the debtor would be likely to prevail on the
merits of the motion. The bill, however, eliminates potential creditor liability for
creditors with claims of less than $1,000. Such creditors could therefore bring entirely
groundless §707(b) motions without being liable to pay the costs of the debtor in
responding. This immunization would allow major creditors to file §707(b) motions,
without potential liability, in any case where their claims were small.
Alternatives: The trustee's recovery in the event of unjustified Chapter 7 filings could
be limited to an automatic claim for fees and expenses against the debtor, rather than the
debtor's attorney. (However, the court, in its discretion, would still be able to find that
misconduct by the debtor's attorney merited an award under Rule 9011. ) The award
against the debtor could be in the form of a judgment, nondischargeable and entitled to
priority in any later bankruptcy proceeding. Since the trustee would only prevail against
debtor's with substantial disposable income, the likelihood of collection of such a
judgment would be substantial enough to encourage trustees to prosecute appropriate
§707(b) motions.
With trustees given an appropriate incentive to prosecute §707(b) motions, there
would be no reason to insulate any creditor from potential fee shifting in the event that
the creditor's motion was unsuccessful.
Content: For debtors whose income equals or exceeds a specified
amount, generally based on national median household income: (a) five years
is the maximum term of the plan, (b) a plan cannot be amended to provide for
payments extended beyond "the applicable commitment period under section 1325(b)(1)(B)(ii),"
and (c) the "duration period" would be five years. For debtors whose
income is below the specified amount, three years would be the maximum plan
term unless the court found cause to extend the term to no more than five years
(the current law as to all Chapter 13 debtors), and the "duration period" would
be three years.
Commentary: The provisions of the bill are confused. There
is no §1325(b)(1)(B)(ii) under current law, and the bill does not appear
to add such a section. There is also no provision of the bill defining "duration
period" or specifying its relevance. The provision regarding "duration period"
is placed at the end of §1329 of the Code, which deals with plans modified
after confirmation, and so would not appear to require a minimum five-year plan
for any debtor. If the bill does require minimum five-year plans for certain
debtors, it would make the completion of Chapter 13 plans more difficult for
these debtors, increasing incidents of default, and giving the debtors an incentive
to choose Chapter 7 over Chapter 13.
Alternative: Current law, which has a three to five year duration for all Chapter 13
plans, may not require any change.
Content: All debts covered by §523(a)(1) (certain tax
obligations), (a)(2) (fraud), (a)(3)(B) (unlisted debts requiring dischargeability
determinations in bankruptcy court), and (a)(4) (breach of fiduciary duty) would
be nondischargeable in Chapter 13 as well as in Chapter 7. All debts covered
by §523(a)(6) would be remain nondischargeable only in Chapter 7. Property
settlements in divorce and separation cases, treated by §523(a)(15) of
the Code, would continue to be nondischargeable only in Chapter 7 cases, but
whether such claims would be included in §523(a)(3)(B) in the event of
untimely scheduling is an issue subject to conflicting provisions, discussed
below at item 10.
Commentary: The "superdischarge" of Chapter 13 has the effect of encouraging debtors
with debts that might be nondischargeable in Chapter 7 to choose Chapter 13 as a means
of discharging those debts and obtaining a fresh start. This has the corollary result of
reducing litigation over dischargeability. H.R. 833 would exclude from the Chapter 13
discharge debts arising from fraudthe most common ground for claims of
nondischargeability, and the one involved in most claims of credit card
nondischargeabilityas well as certain tax claims, claims involving breach of fiduciary
duty, and claims that were not scheduled in time to permit bankruptcy court adjudication
of dischargeability. Under this change in the law, debtors subject to nondischargeability
claims on any of these grounds would be encouraged to file under Chapter 7 rather than
under Chapter 13. This would undercut one of the major purposes of the reform
legislationthe encouragement of Chapter 13 repaymentand litigation over
dischargeability in Chapter 13 would increase substantially.
Alternative: To maintain the current incentive for debtors to file Chapter 13 cases, the
current scope of the Chapter 13 discharge could be maintained. Situations of significant
misconduct by debtors may be dealt with by requiring the bankruptcy court to give
explicit consideration, in passing on the good faith of a Chapter 13 filing, to the existence
of any debts that would be excepted from discharge in Chapter 7.
Content: All credit card debt aggregating more than $250 in
cash advances or $250 in "luxury goods or services" during the 90 days preceding
a voluntary bankruptcy filing would be presumed nondischargeable under §523(a)(2).
"Luxury goods or services" is not defined, but the section specifies that the
phrase "does not include goods or services reasonably necessary for the support
or maintenance of the debtor or a dependent of the debtor."
Commentary: Under current law, there is a similar though less extensive presumption of
fraud in the use of credit cards shortly before the filing of a bankruptcy case. A difficulty
with applying this presumptionwhich is continued under H.R. 833is that there is no
specification of the elements of fraud as to which the presumption operates, and so there
is no way to determine how the presumption can be overcome. Beyond this difficulty,
the presumption of H.R. 833 is ambiguous in its use of the phrase "luxury goods or
services." Although the bill clearly excludes "necessities" from the scope of "luxury
goods," it leaves open the possibility that some purchases (like flowers for a spouse),
although not "necessary" for support, would still be common enough, and inexpensive
enough, not to be considered "luxuries." The absence of a definition here could lead to
substantial litigation. Finally, the presumption in H.R. 833 aggregates all purchases and
all cash advances. Thus, if several small "luxury" purchases were made from different
creditors over a 90-day period, the bill would result in a presumption of fraud.
Alternative: A distinct ground for nondischargeability could be defined for a debtor's use
of a credit card without intending to pay the resulting debt. The law could specify that
the debtor's financial situation would be relevant in determining this question of intent.
Under this definition, a lack of intent to repay could be presumed for purchases of
defined "luxuries" shortly before bankruptcy.
6. Valuation of secured claims§§124-125.
Content: Secured claims for the purchase of personal property acquired by an individual
debtor within 5 years of the bankruptcy filing would not be bifurcated in any chapter of
the Code. Where bifurcation did occur in Chapter 7 and 13 cases, the secured claim
would be valued on the basis of the debtor's replacement cost, without deduction for
costs of sale. For household and personal goods, this would be retail price.
Commentary: The overall impact of these provisions of H.R.
833 would be (1) to encourage debtors to surrender collateral in both Chapter
7 and 13 cases, and (2) to allow secured creditors to obtain higher payments
in Chapter 13 than under current law, at the expense of unsecured creditors.
Surrender of collateral would be encouraged, because, unless the debtor purchased
the collateral more than five years prior to the bankruptcy, the debtor would have to pay
the full amount outstanding on the purchase in order to retain the collateral, even if the
collateral was worth much less that the outstanding balance. For example, the debtor may
have purchased a used car, or a new refrigerator, on credit, with a high rate of interest. If
the debtor missed several payments before filing the bankruptcy case, the amount owed
on the car or refrigerator could greatly exceed its actual value. Nevertheless, in order to
redeem the property in Chapter 7 or to retain it in Chapter 13, §124 of the bill would
require the debtor to pay the full outstanding balance. In such circumstances, it would
often be in the debtor's best interest to return the collateral, and attempt to purchase a
replacement. It can be anticipated that "bankruptcy financiers" would make credit
available to enable the purchase of such replacements.
Where the debtor did choose to retain property in Chapter 13, unsecured creditors
would be disadvantaged (compared to their treatment under current law) in any case that
did not have a 100% payout. This is because, under current law, secured creditors are
paid only the value of their collateral (with interest). The plan payments of the debtor in
excess of this collateral value are paid on account of unsecured claimsincluding the
claims of secured creditors in excess of the value of their collateral.
Valuing collateral at its retail price involves payment to secured creditors of more
than they could obtain upon surrender or repossession of the collateral (since selling the
property at retail would ordinarily involve substantial costs of sale). This provision,
then, would also have the effect of diverting funds from unsecured to secured creditors in
many Chapter 13 cases.
7. Adequate protection of secured claims pending Chapter
13 plan confirmation§137.
Content: Payments of adequate protection would be required, pending confirmation of a
Chapter 13 plan, at times and in amounts specified by the applicable contract, but the
debtor would be allowed to seek a court order reducing the amounts and frequency.
Commentary: By requiring adequate protection payments to be made in addition to
preconfirmation plan payments, this provision would make Chapter 13 very difficult for
many debtors. Plan payments are often intended to deal with secured claims, and are
often required to exhaust the debtor's disposable income (pursuant to §1325(b) of the
Code). Thus, pending confirmation, it would often be impossible for debtors to make
both plan payments (as required by §1326 of the Code) and adequate protection
payments. Furthermore, contract payments are often in an amount greater than the
depreciation of collateral withheld by the debtor, and so a presumption that adequate
protection should be paid in the contract amount may be unreasonable. Requiring the
debtor to seek a lower payment would increase the debtor's costs of proceeding in
Chapter 13.
Alternative: Chapter 13 trustees could be required, pending confirmation, to make
payments to secured creditors of the payments that these creditors would receive under
the debtor's proposed plan. If these payments are insufficient to provide adequate
protection, the court could be authorized to increase the payments on the creditor's
motion orif this were not possibleto dismiss the case.
Content: Debtors would be given 90 days after case filing to file a Chapter 13 plan; no
change is made in the time for meetings of creditors, which (under Fed.R.Bankr.P.
2003(a)) requires that the meeting take place between 20 and 50 days after case filing;
confirmation hearings would be held between 20 and 45 days after the meeting of
Commentary: The timing specified by H.R. 833 would cause
substantial difficulty. Current bankruptcy law, Fed.R.Bankr.P. 3015, requires
the debtor to file a Chapter 13 plan within 15 days of the case filing. By delaying
plan filing for up to 90 days after case filing, the bill would allow plans
to be filed after the time set for the meeting of creditors under §341,
which would then have to be continued. The notice of the meeting of creditors
would be issued prior to filing of the plan, and so would not be able to include
any information about the plan, thus requiring a separate notice or resulting
in inadequate information for creditors prior to the meeting. If the meeting
of creditors is continued, a question will arise about whether the confirmation
hearing must be held within 45 days of the first date set for the meeting, or
whether that time limit should run from the continued date. Any delay in confirmation,
which would be often necessitated by the proposed procedure, would result in
a delay in payment of unsecured creditors, and greater need for litigation regarding
adequate protection payments to secured creditors pending plan confirmation.
Alternative: The current 15 day deadline for plan confirmation could be set out in the
Content: Several provisions of H.R. 833 extend special treatment
to a category of claims know as "domestic support obligations." These claims
would be defined to include obligations arising both before and after the filing
of the bankruptcy case, whether owed to a spouse, former spouse, child, or guardian
of the child of the debtor, or to any governmental entity, as long as the obligation
both was in the nature of support and arose from a specified agreement, decree,
or process. The special treatment would include the following:
"Domestic support obligations" would be accorded the first priority of
"Domestic support obligations" would be required to be current as a condition
for confirmation of any plan under Chapter 11 or 13.
The automatic stay would not apply to actions in connection with "domestic
support obligations," and all such obligations would be excepted from discharge
pursuant to §523(a)(5).
Exempted property would continue to be liable for domestic support
obligations, under §522(c)(1), even if state law provided to the contrary.
Payment of domestic support obligations would be excepted from preference
recoveries, pursuant to §547(c)(7).
Commentary: The only one of the new protections that makes a major change in current
law is the first priority for support obligations. This provision would give support
obligations priority over administrative expenses. As a result, trustees may have to
decline to administer many cases involving support obligations. In order to recover funds
in such cases, the trustee would often have to retain professionals, and these
professionals could only be paid after the support obligations were paid in full. To avoid
situations in which assets were recovered by the efforts of professionals and the
professionals were left unpaid, trustees would choose not to pursue the recoveries. This
would have the effect of reducing payments of support obligations in bankruptcy.
Alternative: Support obligations should have a priority subordinate to administrative
Content: H.R. 833 contains conflicting provisions on this
topic. Section 145 makes all property settlements in family cases nondischargeable
pursuant to §523(a)(15), regardless of ability and need, and removes exclusive
bankruptcy jurisdiction, so that claims covered by §523(a)(15) would not
require timely adjudication in bankruptcy court. In contrast, §1113 generally
reaffirms the current language of §523(a)(15), and implicitly continues
exclusive bankruptcy jurisdiction over §523(a)(15) by providing that, if
a creditor does not receive notice of the bankruptcy in time to obtain bankruptcy
court adjudication under §523(a)(15), the claim would be nondischargeable
under §523(a)(3)(B).
Commentary: If H.R. 833 were enacted in its present form, the conflicting
provisions as to § 523(a)(15) would lead to substantial uncertainty and
unnecessary litigation.
Alternative: Retention of the present law (as set out in §1113 of H.R. 833) may be the
better alternative. There is no apparent reason why property settlements not needed for
support should be made nondischargeable. For example, a wealthy nondebtor spouse
may have been awarded a right to payments offsetting the debtor's retention of a
retirement account. If, after the divorce, the debtor's financial condition has deteriorated,
and the debtor has difficulty meeting ordinary living expenses, it is difficult to see why
the nondebtor spouse should be able to enforce a nondischargeable claim for the property
settlement payments.
Content: Several itemsincluding copies of all federal
tax returns, with schedules and attachments, filed by the debtor during three
years prior to the bankruptcy case would be added to the information that
individual Chapter 7 and 13 debtors are required to provide, unless otherwise
ordered by the court. These documents would be available for inspection and
copying by any party in interest, but the Director of the Administrative Office
of the United States Courts would be required to "establish procedures for safeguarding
the confidentiality of any tax information." If the required information were
not filed within 45 days of case commencement, the case would automatically
be dismissed. However, the court could authorize an extension of the period
for filing for up to 45 days.
Commentary: There are several problems with these provisions: (1) the requirement
to furnish tax returns (and the other required information) would impose an
additional cost on debtors who do not have tax return copies and financial records
available; (2) the requirement to file tax returns will impose additional costs
in personnel and storage on the clerks of the bankruptcy courts; (3) automatic
dismissal would take place even in cases where the trustee finds assets to administer,
such as preferences and fraudulent conveyances, that creditors might have difficulty
pursuing outside of bankruptcy; (4) it would be difficult for regulations to
safeguard the confidentiality of tax returns in a manner consistent with the
general requirement that they be made available to any party in interest for
inspection and copying.
Alternative: If tax return information is to be kept confidential, it should not be part of
the public bankruptcy files, and should not be made available to creditors for inspection
and copying. However, tax return information could be required to be presented to the
bankruptcy trustee (in either Chapter 7 or Chapter 13) prior to the meeting of creditors.
The information could be ordered to be submitted in electronic form, as maintained by the
Internal Revenue Service, and actual copies of returns could be required to be produced
upon the trustee's request. Other parties, including creditors, would continue to be able
to obtain tax return information on motion, pursuant to Fed.R.Bankr.P. 2004.
Content: Audits would be required in at least 0.4% of individual
Chapter 7 and 13 cases, as well as schedules reflecting "greater than average
variances from the statistical norm of the district in which the schedules were
filed." The audits would be required to be performed "in accordance with generally
accepted auditing standards [GAAS] . . . by independent certified public accountants
or independent licensed public accountants." The U.S. trustee for each district
would be authorized to contract for the auditing services, but no funds are
provided for this purpose.
Commentary: The principal problem with this provision is
its cost. Audits by licensed professionals according to GAAS are likely to be
very expensive, and such formal audits are likely unnecessary to determine significant
misstatements in debtors' petitions and schedules. Moreover, the provision is
ambiguous in requiring audits of all schedules with "greater than average variances
from the statistical norm of the district in which the schedules were filed."
The provision does not indicate the items as to which variance from the norm
should be measured. However, likely items would include income and expenses,
but assets and claims may be intended as well. If "statistical norm" means the
median, and the average variation is the midpoint between the high and low points
and the median, then the proposal could require audits of half of all schedules
on each of the relevant items: for example, those schedules reflecting the lowest
25% and the highest 25% of income.
Alternative: In order to reduce costs, audits could be conducted by trained employees
of the United States trustees, rather than by licensed accountants, according to regulations
established by the Executive Office of the United States Trustee, rather than generally
accepted auditing standards. A lower minimum number of cases could be subject to audit,
with provision that the United States trustees would be authorized, in their discretion, to
conduct audits of cases referred to them by Chapter 7 and 13 trustees.
13. Credit counseling§302.
Content: Individuals would generally be ineligible for bankruptcy
relief under any chapter of the Bankruptcy Code, pursuant to §109, until
they had first attempted to negotiate a voluntary repayment plan through a consumer
credit counseling service approved by the United States trustee, with no limitations
as to the type of counseling service that could be approved, as long as the
service provided (1) an individual or group briefing outlining opportunities
for available credit counseling and (2) assistance in performing an initial
budget analysis. Exceptions would be made for situations (1) in which the U.S.
trustee or bankruptcy administrator found that credit counseling services were
unavailable and (2) in which the debtor was unable to obtain credit counseling
services within five days of making a request from an approved counselor. Any
party would be allowed to bring a motion to dismiss based on the debtor's ineligibility
under this section.
Commentary: The eligibility requirement would add to the
cost of bankruptcy relief. If an individual is in genuine need of bankruptcy
relief, and consults an attorney for that purpose, the attorney would have to
direct the individual to a credit counseling service for briefing and budget
analysis before the bankruptcy case could be filed. The attorney would then
have to conduct another budget analysis in order to prepare the bankruptcy schedules.
Existing counseling services would be burdened by the need to brief and counsel
individuals who have no likelihood of being able to pay their debts through
a voluntary repayment plan. Debtors in need of immediate bankruptcy relief to
avoid foreclosure, repossession, eviction, or wage garnishment would be unable
to obtain timely relief if immediate consumer counseling were unavailable. Accordingly,
it can be anticipated that counseling services would be created that would work
in conjunction with debtors' attorneys in providing immediate counseling. Regulating
and approving credit counselors would impose a substantial burden on the U.S.
Alternative: Two changes to the provision on credit counseling would likely have a
significant beneficial impact. First, the requirement for credit counseling could be
applicable only in Chapter 7 cases. Chapter 13 cases already incorporate the essential
features of voluntary repayment planscareful budgeting, living within the budget, and
payment of all disposable income to creditors. Eliminating the cost, expenditure of time,
and delay involved in separate credit counseling would encourage use of Chapter 13.
Second, the debtor could be allowed to complete the required counseling after the filing of
a bankruptcy case upon a showing that the filing was necessary to avoid foreclosure,
repossession or wage garnishment. In such situations, the filing fee could be deferred
until after the debtor completed the credit counseling, so that, if the debtor elected to
pursue a voluntary repayment plan outside of bankruptcy, the bankruptcy case could be
dismissed without payment of a fee.
Content: First, the Executive Office of the U.S. Trustee
would be required (1) to develop a program to educate debtors on the management
of their finances, (2) to test the program for one year in three judicial districts,
(3) to evaluate the effectiveness of the program during that period, and (4)
to submit a report of the evaluation to Congress within three months of the
conclusion of the evaluation. The test program would be made available, on request,
to both Chapter 7 and 13 debtors, and, in the test districts, bankruptcy courts
could require financial management training as a condition to discharge.
Second, a new exception to discharge would be applicable in Chapter 7 cases, for
situations in which the debtor failed to complete a course in personal financial
management administered or approved by the U.S. trustee. Similarly, the court would be
directed not to grant a Chapter 13 discharge to any debtor who failed to complete such a
course. An exception would be made for districts in which the U.S. trustee or bankruptcy
administrator found that suitable courses were unavailable.
Commentary: These provisions raise several difficulties:
(1) the education requirement would apply to individuals who could not benefit
from such a course, such as financially responsible individuals who had encountered
financial problems unconnected to failures in personal budgeting; (2) there
is no provision for payment for such courses, and Chapter 13 debtors would ordinarily
lack disposable income to pay for them; (3) substantial resources would have
to be expended by the U.S. trustee in order to administer a program for approving
and regulating educational facilities; (4) it would be premature for the United
States trustee to administer or approve programs for debtor education prior
to completion of the pilot educational programs; (5) if discharge is denied
to individuals who do not complete educational programs in the pilot districts,
but no such requirement is imposed in other districts, there will be a substantial
constitutional question raised under the uniformity provision of the Bankruptcy
Clause (see Railway Labor Executives Ass'n v. Gibbons, 455 U.S. 457,
466, 102 S.Ct. 1169, 1175, 71 L.Ed.2d 335 (1982), for a discussion of the uniformity
Alternative: Debtor education is likely to be far more effective in Chapter 13 than in
Chapter 7 cases. Debtors in Chapter 7 cases generally come in contact with the
bankruptcy system only at a brief meeting of creditors and are thereafter promptly
discharged. Chapter 13 debtors, in contrast, usually maintain a long-term relationship
with the Chapter 13 trustee. Several Chapter 13 trustees have been conducting programs
of debtor education for several years. Based on these programs, programs of voluntary
debtor education could be implemented in a large number of judicial districts, as part of
the Chapter 13 trustees' operating budget. Based on the results of this study, an
educational program could be made mandatory, perhaps limited to particular situations in
which the education is likely to be helpful. In Chapter 7 cases, any educational effort
might be limited to a group presentation at the creditors' meeting. Such presentations
could also be conducted on a voluntary basis in pilot districts to measure their
effectiveness before being made mandatory.
Content: Debtors would be required to reside in a state for
730 days before being allowed to claim the exemption law of that state.
Commentary: The proposal would not address abuse of the bankruptcy
system by existing residents of states with unlimited homestead exemptions.
Such individuals may amass substantial estates in homestead property, and obtain
a bankruptcy discharge without surrendering any of that property. The proposal
would discourage some debtors from changing their state of domicile for the
purpose of obtaining higher exemptions. However, it would encourage many others
to make such changes. Since no state's exemption law would apply until a debtor
had resided in the state for two years, the applicable exemption law would be
the federal exemptions. These exemptions are more generous than the laws of
many states, and debtors from states with exemptions lower than the federal
exemptions would be encouraged to move to any new state prior to filing bankruptcy.
Alternatives: Two different alternatives might address problems in connection with
homestead exemptions. First, a cap might be placed on the homestead exemptions
available in bankruptcy, together with a provision that the cap would not apply in the
case of involuntary bankruptcy cases. This would reduce (to the level of the cap), the
most flagrant abuses of the homestead exemption. Second, in situations of changes of
domicile, the law could provide that, for a specified period after a change of domicile,
debtors would only be allowed to apply to their homestead the exemption law of the
state of domicile with the lower homestead exemption.
Commentary: Although both H.R. 3150 and S. 1301, passed by
their respective houses in 1998, contained provisions for expedited appeals
from bankruptcy courts to the circuit courts of appeal, the Conference Report
on the bills, and hence H.R. 833, fail to address the issue. Direct appeal would
have the benefit of


text:
As the sad medical news about Ted Kennedy sinks in, a number of his colleagues and even some of his political enemies have responded. Time's Mark Halperin has collected the statements of the presidential candidates, the president and others.
The Page:
White House: President Bush is "deeply saddened" by the news.
Pelosi: "I know that that fighting spirit will hold him in good stead in the challenges that he's facing now."
Sen. Robert Byrd breaks down in tears when discussing Kennedy on the Senate floor. Says "Thank God for you, Ted" and "I love you."
AP photo / Stephan Savoia
Sen. Edward M. Kennedy, D-Mass., smiles as he sit with his daughter, Kara Kennedy, in a family room at the Massachusetts General Hospital in Boston.
Become a Truthdig Bedrock Supporter
A Progressive Journal of News and Opinion Zuade Kaufman, Publisher Robert Scheer, Editor-in-Chief
© 2014 Truthdig, LLC. All rights reserved.


text:
Hello, Friends! As you know, it's been a year of ups and downs for Matt and me, but as we prepare for an exciting and life-changing 2014, I thought it would be fun to take a moment to look back at some of this past year's high notes. What do you say? Shall we?
6 comments:
2014 is gonna be the best xoxoReplyDelete
I am an avid follower of your blog and have even attempted a recipe or two! Your photos also always bring me joy (I'm not afraid to admit that I have been a stalker and have gone back to the half-in-the-bag Thanksgiving "finger guns" picture whenever I need a laugh!) and your super cute December pregnancy picture is no exception. I wish you the best of luck with the rest of your pregnancy, and also send my heartfelt condolences concerning your Grandma (loved her!!) and your Dad.ReplyDeleteReplies
Aw, thank you so much!!Delete
This looks absolutely incredible!!ReplyDelete
I love the last one!ReplyDelete
Beautiful styling!ReplyDelete
Subscribe to: Post Comments (Atom)


text:
The idea behind the pop-up job is twofold: to reinforce the near-intrinsic relationship between coffee and reading and also to encourage consumers to look deeper into the drink they are enjoying. Let's face it, how many of us take the time to know where our beans are being harvested and roasted and what makes the cappuccino so different from the mocha (apart from the extra chocolate syrup!)
This new concept also makes the coffee shop experience more interactive. Instead of moving straight into line like a robot, customers choose a book on the wall, which they then bring to the counter. There they receive a coffee that matches their chosen "reading material." And in the reverse, there's a perforated cutout of a Starbucks tumblr, which is good for regular to coffee drinkers to have since it cuts down a great deal of waste. As usual, the company nails their marketing campaign, and they couldn't have turned to a better designer to help them do the job.
images © daici ano
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Jill FehrenbacherDid you know that there are wolves living near you in almost every state in the country? Sadly most of these wolves are not living in the wild, but in wolf sanctuaries, which are conservation organizations set up to protect them and help grow their populationREAD MORE >
Yuka YonedaNamba Parks was conceived when Osaka Stadium closed down, presenting a great redevelopment opportunity for a new commercial district right next to the Namba Train Station, which is just one stop away from Kansai Airport. Since it's one of the first placesREAD MORE >
Beth BuczynskiTop image: A child is put to work at a militia-run mine in Watsa. © Marcus Bleasdale/National Geographic Captured during a 2004 visit to the war-torn Democratic Republic of Congo, Bleasdale's images "tell the story of the country's mineral resourceREAD MORE >
Jill FehrenbacherYou've all heard the tired mantras about changing your lightbulbs and recycling at home in order to save the planet - are you yawning yet? Many consumers think that going green is a gesture of self-sacrifice that often comes at great expense and inconvenienceREAD MORE >
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text:
Meinl Black Makah Burl String Cajon w/ Free Bongo Cajon
Included with purchase:
The Black Makah-Burl String Cajon features a Makah-Burl frontplate with a resonating body made of rubber wood. Like Meinl's other cajon designs, the string cajon has adjustable top corners to control the amount of crash emitted by your instrument.
Tightening the screws will muffle the noise, whereas loosening the screws strengthens the crash String cajons have vinyl wires spanning the inside of the frontplate, which creates the traditional "sizzle" effect. Drummers can regulate the tension of the metal wires, which changes the strength of the sizzle. The vibration of these strings delivers a rattle that sounds both crisp and dry. The innovative integrated string mute system used by the Meinl cajons provides for consistent sound and easy adjustments.
Meinl cajons have great projection and attractive frontplates, ensuring that your cajon will be the best looking in the band. In no time at all, you'll be moving up to the ranks of Norah Jones, Seth Lakeman, and The Coronas, who have all begun using the cajon in the recording of their latest albums.
- Frontplate: Black Makah Burl
- Resonating body: Rubber Wood (Hevea brasiliensis Muell.-Arg.)
- Adjustable top corners
>> Read How to Adjust the Top Corners of a Cajon for Slap / Crackle Effect
- Adjustable sizzle effect, Integrated string mute system
- Padded sitting surface
- Wide sound options
- Birch for new sound color
- Allen wrench
- Matte
Amazing drums, great price!
Posted by Pam McCarthy on 11th Jul 2014
The Meinl Cajon is GORGEOUS and plays awesome! I also got the free bongo cajon. It is a cool sound (I've never had one before) and it is fun to play. I am very satisfied with my purchase.
Great Deal!
Posted by Kat Thompson on 10th Jul 2014
A decent sounding cajon and a great bongo together for an economical price. I couldn't be happier. Now if only I can get it away from hubby so I can practice, which makes having the bongo a very good thing! If you're on the fence, I wouldn't hesitate. Also very quick shipping and packed well.
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text:
Kan. House, Senate set to debate budget proposals
Republican legislative leaders are expressing confidence in the ability of the House and Senate to pass a balanced budget that reflects additional cuts to Kansas tax rates.
Both chambers are preparing to debate their budget bills. The bills outline how they propose to spend some $14 billion, including $6 billion from the state general fund.
Legislators built the budgets on tax plans that would make further reductions in income tax rates, though the House version doesn't contemplate keeping in place a 2010 increase in the state sales tax rate scheduled to expire on July 1. The Senate keeps the sales tax rate at 6.3 percent, instead allowing it to slip to 5.7 percent.
The Senate has passed its tax plan, while the House has yet to vote.
Copyright 2013 by The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.


text:
More American Workers Anticipate Improving Economy In 2013
While nearly two-thirds of American workers (63 percent) view the current economy as unhealthy, the percentage of employees who believe the economy will improve in 2013 has risen, according to new research from the Principal Financial Well-Being IndexSM: American Workers. Forty-three percent of workers anticipate economic improvements next year, up from just 32 percent last quarter.
Despite their confidence in the state of the economy in 2013, more employees (42 percent, up from 32 percent last quarter) are stressed about the economy. But significantly fewer workers (36 percent) are stressed about their personal finances, down from 42 percent last quarter.
The Principal Financial Well-Being Index: American Workers surveys American workers at small and mid-sized businesses with 10 to 1,000 workers, and is part of a series on the financial well-being of Americans released quarterly by the Principal Financial Group ® . The survey is conducted online by Harris Interactive ®.
"Over the past two quarters of our survey, both business owners and employees have voiced worries about the health of the economy," said Luke Vandermillen, vice president of retirement and investor services at The Principal ®. "While it's easy to feel paralyzed by this environment of uncertainty, Americans can alleviate some of their stress by setting concrete financial goals and putting a strategy in place to achieve them."Holiday belt-tightening With the holiday season underway, many workers are adjusting their plans to accommodate tighter budgets. Just over a third of workers will be spending less per gift this holiday season due to the economy, and another third will be paring down the number of people on their gift lists. Workers are also scaling back on holiday travel plans—about a quarter will be traveling less this holiday season due to the economy. Sixty-two percent of workers say their spending this holiday season will be consistent with the amount spent last year, while 30 percent say they will be spending less. Only 9 percent say they expect to spend more at the holidays this year. American workers are wary of racking up more debt. When it comes to making their purchases, slightly more than a third of workers plan to pay for their holiday gifts via credit card, while more than half plan to pay with either a debit card or cash.
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I slept in the sheets with the dead spider.I jumped, scared, as it skittered in my sheets. I took the plastic container and trapped it. I watched the terrified little brown thing. Tiny little crawling thing. I killed it.Then, I sat and watched the flat little body. I wondered obliquely, if it had a family. I wondered at my life, to destroy a right. Right to destroy a life. Any life, every life. I put the thought aside and crawled into the death-stained sheets and slept.I opened my eyes, smiling slightly. My skin tickled. A light, pleasant, lover's touch on my arm.More touches. Tickling, crawling, over every inch of my skin. I scream and flinch and tear my body back, away. The touches, the spiders follow, hair and spindles and eyes on me. Crawling, touching. Sticky film holding me, filling my eyes, my ears, my mouth, my nostrils.I scream. I scream.They swirl and surge forth and their smell invades me. Smell fo dust. Smell of blood. Smell of pesticides. Smell of sweat and frangipani.They coalesce, they grin and taunt me. They grab my skin stronger and hearder, threatening to tear, threatening to break.And their myriad eyes become two, and their spindles make hands, and he holds me down.He pushes, and I scream.I scream. I scream.I wake, having hit the ground, tumbled from the murderous sheets.When I can breathe, I'll burn them.
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Glastonbury 2014: Nine festival fashion clichés to avoid
Sarah Musgrove for Metro.co.uk
It's bad enough you'll be covered in mud - don't be guilty of these style crimes to start with.
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Zac Efron's ex Vanessa Hudgens says hitting the bottle is the best way to cope with heartache. The High School Musical actress, who spilt with her former co-star in 2010 after five years together, confessed: 'When a girlfriend is going through a break-up, you have to go out and dance. With your best friends, you've […]
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Who are the girls of Spring Breakers? Guilty Pleasures break down the film's four leading ladies...
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Selena Gomez has turned to God to help her get over her split with Justin Bieber.
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Vanessa Hudgens looks washed out as a blonde on set of Spring Breakers
Vanessa Hudgens looks barely recognisable after dying her brown hair blonde for a new film role as a robber in Spring Breakers.
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Page 1 of 4


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Manhattan U.S. Attorney Preet Bharara Lost His First Insider-Trading Case
Big fish Raj Rajaratnam's brother gets off.
Skip to content, or skip to search.
Skip to content, or skip to search.
Big fish Raj Rajaratnam's brother gets off.
Because luxury prisons don't exist.
He's neighbors with Raj Rajaratnam.
It's the government's biggest get yet.
Another Goldman trader was supposedly giving out insider info too.
Testimony started today in the insider-trading trial.
Deepak Chopra to the rescue.
Maybe Raj will read it in prison.
Hope he's got big weekend plans.
He is expected to turn himself in over his role in the Galleon case.
The insider trader wrongly went with astrology.
Billionaire hedge-funder sentenced to eleven years.
The Galleon founder still isn't "clear" on what exactly he did wrong.
Shockingly, the prosecution and defense have different opinions.
Bet that was one exchange that didn't feel like an orgasm.
Former consultant Winifred Jiau is the latest to be convicted for sharing confidential information.
$300,000 to a jury consultancy from Ronkonkoma.
When Raj Rajaratnam gave him the chicken flu.
Flaunt 'em if you've got 'em, even if the government is listening.
He faces up to up twenty years in prison.


text:
This is a discussion on Sand Blast Rally Video Clips within the Motorsports Talk forums, part of the Community - Meet other Enthusiasts category; ...
cant view !! gggrrrr ...why do we have to log in to FB to view ?...
ScoobyDMC #000,HawkEyeAlliance#000,Blobeye Syndicate #000, SQC-NY #009, "Dragon Slayer"
"All We'll Drive"
I <3 boobies: rallyarmor/keepabreast/mud flaps limited edition
- Will
First Mods: What to do and what not to do
Current Car: 2014 Golf TDI
Previous Cars:2012 WRB WRX Hatch, 2004 RSX-S, 1998 Grand Prix GTP
"Isn't it amazing how smart you feel when you just aren't being stupid?"
They probably belong on youtube anyways
and the other one