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With the NAVIGON® Live Services package for your device, you'll enjoy more up-to-date and quicker navigation than ever before. 4 NAVIGON® Live Services provide you real time information about mobile traffic controls, the next available parking, current weather along your route and interesting events in your area.
Update your navigation device with the following NAVIGON® Live Services:
- Mobile Safety Camera Live – Don't give mobile speed cameras a chance
- Clever Parking Live – Always find a parking space
- Weather Live – Shows you the current weather along your route and at the destination
- Events Live – In the know about events in your city
Additional purchases of the Live Services package do not include extensions to the contract period. In order to extend the contract period, please purchase the Clever Flat 12.


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My husband and I and a couple hundred friends watched in Green Bay as Governor Scott Walker signed a budget that brings Wisconsin from decades of fiscal mismanagement, debt and deficits to a biennium free of tax hikes, budget tricks or gimmicks. I for one, had goosebumps. But it's that collective bargaining business that still nags as the elephant in the room. Yesterday's Journal-Sentinel quoted Walker as saying he could have done it better.
"The one mistake I will freely lay on the table... I said, 'There is a problem here. We've got to address it. If we let it linger, it will only get bigger. Let's tackle it right away.' What I should have done from a political standpoint is build that case sooner. I focused on getting it done." .... But after he announced his plan in early February, setting off mass protests at the Capitol in Madison, Walker said organized labor and other opponents "swooped in," spending millions attacking the plan. "They defined it as a rights issue," Walker said. "It's not a rights issue. It's an expensive entitlement."
John Torinus of Serigraph Inc. and [former Commerce Secretary] Cory Nettles of Generation Growth Capital praised Gov. Scott Walker on "UpFront for Mike Gousha" for already changing perceptions about the state business climate. But... both raised concerns about the tone Walker has set. .... "The business community is absolutely head over heels in love with the work that he's done over these last six months, so generally I'd give him a good, solid grade there," Nettles said. "The one area that would really concern me is the tone that's been set, which I think sets him up for a very serious course correction." ....[Torinus] raised fears that things are so polarized in the Capitol now that legislation like a venture capital bill could have a tough time making it through both houses to become law.
It was informally known among local union leaders as "Operation Domino," and for years the goal was straightforward: persuade one city to increase salaries and pensions for workers, and then approach neighboring municipalities and argue that if the increases weren't matched, the city's police, firefighters or other employees might quit, in large numbers, and go elsewhere.

subset: commoncrawl


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The power to settle financial complaints.
Nine out of ten people say they have no complaints about their bank, insurer or finance firm. And most financial transactions take place without any problems.
But sometimes things go wrong. And when they do, and a customer isn't happy, it's up to the business to try and sort it out. The business must be given the chance to look into a problem – and they have eight weeks to do it.
If the customer still isn't satisfied, they can come to us. We'll listen to both sides of the story. And we'll be honest. We give advice or make decisions based on the facts that we see.
We won't take sides – and we'll look at every problem with an open mind. But we can't make any promises about the outcome, because it all depends on the individual circumstances.
But there are some complaints we cannot deal with. And rules and restrictions may apply – for example, on the time limits for bringing a complaint (so it is very important that you complain as soon as possible).
The rules can be complex. But we will always give you the chance to query anything you don't understand or agree with.
how the ombudsman service helped me ...


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For the last 23 years, the Blue Note New York has maintained Blue Note clubs in multiple Japanese cities, with current establishments in Tokyo and Nagoya. In light of the recent earthquake and tsunami, the Blue Note New York will host a jazz benefit concert at the Highline Ballroom tonight — April 18th — and tomorrow with 100% of the ticket proceeds to be donated to the Japan Relief and Recovery Fund spearheaded by Direct Relief.
The event will feature an impressive roster of internationally known jazz musicians including: Madeleine Peyroux, Ron Carter, John Scofield, René Fleming, Michel Camilo, Kenny Barron, Paquito D'Rivera, Robert Glasper, Roy Hargrove, Dave Valentin, Roberta Gambarini, Richard Bona, Lionel Loueke, Gretchen Parlato, Gregoire Maret, Ann Hampton Callaway, Jose James, Christian Scott, Alex Brown, Toshiko Akiyoshi, Lew Tabackin and many, many more.
Doors open at 6pm, and show starts at 7pm both nights. An after-hours party will be held both nights starting at 11pm with performances by Robert Glasper, Sarah Hayes, Eldar, and many more.
April 18th – More Info || Buy Tickets
April 19th – More Info || Buy Tickets


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Rated 5 out of 5 by 1 reviewer.
Rated 5 out of 5 by Sammie Great Set! This is a great cup and saucer set, I love the shape of the cups and they are very elegant looking. The perfect size for coffee and tea. At first I was confused I thought the set included two cups and two saucers, but I was sent two saucers only, and called about it, two to three days later they sent the complete set. So no problem there. Definitely recommend. March 24, 2013
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A Classic Foundation
My mother taught me the art of bargain shopping when I was very young. Each excursion was a treasure hunt.
We scavenged discount stores, where I learned to distinguish the misses from the hits: the garments that could be transformed from fair to fabulous with a little altering or a change of buttons. Clothes with labels that had been sliced were our gold standard. Superbly made in luxurious fabrics, they had once been for sale in swanky stores. My mother was convinced the clothes hadn't sold because they were a little too jazzy or dramatic for most women. Still, to her they were finds that added flair to her classic wardrobe, especially for dressy occasions. When you mix in a unique piece, you own the look.
That's the real secret of party dressing: Start with a few really good classics and embellish them. Classics, by my definition, have clean lines, are beautifully made, and never seem to go out of style. My party wardrobe is based on two perfect black dresses — a long Armani gown and a Vera Wang cocktail dress — plus black Gucci evening pants and a pair of black faille Manolo Blahniks. I give these pieces new life by mixing them with finds from thrift and consignment shops.
The best shops are in upscale places such as Greenwich, Connecticut, and Palm Beach, Florida, where you can find fabulous designer discards from the rich and fashionable. (Shopping at thrift stores is less expensive because they're tied to charities; people donate clothes in exchange for a tax write-off. Consignment shops are run as a business, with sale proceeds split between the shop and the donor. Their prices are higher, but the quality is better because they're choosier about what they accept.)
I bought my favorite black evening bag at a Palm Beach thrift shop more than a decade ago for $35, and I picked up a few jewel-toned clutches for a song at a Boys Club sale in Locust Valley, New York. I have a shimmery gold Chanel coat I bought at a sample sale for $125, and a "you can't buy this kind of quality today" emerald-green satin wrap coat that a friend bought for me in a San Francisco thrift shop for $40. I found my New Year's Eve pants — a spectacular pair of gold brocade palazzos — in my mother's closet.
New Ways to Find the "It" Dress
If I'm in the mood for color, sparkle, or frills but don't feel like breaking the bank, I shop where I took my daughters to find their prom dresses. The designs are fun and stylish, and the price is right. Even Vera Wang now has a line of prom dresses; they're usually tucked behind the trendy everyday clothes in the teen department. Be brave, follow the loud music, and march through it.
You can also shop the Internet. Many of my friends spend their sleepless nights hunting for vintage finds on such Web sites as Michael's Consignment Shop for Women (michaelsconsignment.com), Bis Designer Resale (bisbiz.com) and La Boutique Resale (laboutiqueresale.com).
Think of shopping as an ongoing treasure hunt, not a chore. If you stumble across something fabulous when you're not even looking, scoop it up. You won't regret it. As you build your party wardrobe over time, you'll find you no longer panic when you receive an invitation. You may not know what you're going to wear, but you'll know it's somewhere in your closet.
What to wear when you want drop-dead glamour
Any way you cut it, a black gown is a good investment. When you splurge on one in the four-digit league, I had better deliver style and class not just now, but forever. Heidi Weisel's cashmere and silk faille gown ($2,750) has exactly the right combination of sophistication and ease, and the tiered skirt allows for subtle weight changes. Oscar de la Renta D'Orsay pumps ($475). Yves Saint Laurent satin Muse bag ($1,295).
What to wear for couture quality on a ready-to-wear budget
Here's why we love consignment shops: If you're lucky, you can snag a couture original in mint condition, like this Chanel dress, still with its original tags, that we scooped up at La Boutique Resale in New York ($800, marked down from $3,400). Chanel satin evening bag ($325, down from $1,160 at Michael's Consignment Shop for Women, New York). Chanel sandals ($265, at Bis Designer Resale, New York).
What to wear to make a grand understatement
Fussy gowns laden with sequins and crystals look dated. This BCBG Max Azria Empire-waist dress in crinkle silk and lace is exactly what makes us feel gorgeous — and at $438, it's a guilt-free pleasure. Ann Taylor embroidered lace clutch ($68). Bettye Muller velvet slingback platforms ($345).
Originally published in MORE magazine, November 2006.


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Marsh & McLennan Companies Inc.
News about Marsh & McLennan Companies Inc., including commentary and archival articles published in The New York Times.
Message to Workers Under Scrutiny: Cooperate or Get Fired
A recent court decision makes it clear that a company under government investigation can fire uncooperative employees with little fear of reprisal.
June 21, 2016, Tuesday
Remains of Sole Belgian Victim of World Trade Center Attack Are Identified
The chief medical examiner used DNA testing to confirm the identity of Patrice Braut, who on 9/11 was in the offices of Marsh & McLennan, nearly 100 stories up.
September 24, 2014, Wednesday
Federal Judge Dismisses Lawsuit Against Ex-Gov. Spitzer
A federal judge dismissed a libel lawsuit against former Gov. Eliot Spitzer and the online magazine Slate for a column Mr. Spitzer wrote in 2010 about an insurance bid-rigging scandal.
September 29, 2012, Saturday
A 9/11 Victim Is Identified by the Medical Examiner
Ernest James, 40, who worked for Marsh & McLennan, is the 1,629th person identified by the DNA/World Trade Center Identification Group.
August 23, 2011, Tuesday
Spitzer and Slate Face Defamation Lawsuit
Two suits were filed on behalf of two insurance brokers who were the target of a prosecution by Eliot Spitzer when he was the attorney general of New York.
August 23, 2011, Tuesday
DealBook Online
ACCUSED OF COLLUSION Two former executives of Marsh & McLennan who are suing the insurance broker contend in an amended complaint that Marsh & McLennan colluded with Eliot Spitzer, left, when he was New York attorney general to avert a criminal...
June 28, 2011, Tuesday
Ohio Attorney General Fights Wall Street
Richard Cordray, attorney general of Ohio, is giving full throat to popular outrage by suing firms involved in the financial crisis.
October 12, 2010, Tuesday
Bid-Rigging Convictions Overturned
A New York State judge has thrown out the convictions of two former executives at the Marsh & McLennan Companies for their roles in an insurance bid-rigging scheme that led to an $850 million settlement with the state, Reuters reported.
July 8, 2010, Thursday
Bid-Rigging Convictions Overturned
A ruling in New York State Supreme Court cited newly discovered witness statements in a case against two former executives at Marsh & McLennan.
July 8, 2010, Thursday
Kroll-Altegrity: A Reunion of Sorts
Monday's announcement of a merger of Altegrity and Kroll marked a homecoming of sorts for executives at the two security consulting firms.
June 7, 2010, Monday
Copyright © 2008. Quotes and other information supplied by independent providers identified on the vendor disclosures page.
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For tens of thousands of years, the flickering flames and warmth of a fire on the hearth has been an integral part of daily human life. We can all identify with the calm and peaceful feeling of looking into the heart of an open fire. But, the advent of modern heating and cooking appliances has taken the open flame out of most of our homes. Electric stoves and fireplaces are an easy way to introduce the realistic and satisfying effect of burning wood into any room while providing safe, clean and efficient heat.
How They Work:
There are two basic functions to an electric stove or fireplace: the flame effect and the electric heater. Realistic open fire flames are created by the light from small bulbs or LEDs shining onto a random pattern of rotating, polished metal fingers that reflect the light onto a glass screen to create an ever changing three-dimensional flame effect. These "flames" can be so realistic that you hesitate to reach out to the surface, even though it's cool to the touch. The built in heater works by having electrical current pass through metal coils that heat up. The radiant heat that is produced is moved out of the stove with a built-in, super-quiet fan, creating warm air that circulates through the room.
The Benefits Of Faux Fire:
Form, Function And Fit:
With the knowledge of electric fireplace functionality and benefits under your belt, you can now begin your process of selecting the size and style that's right for your living quarters—whether it's a home, apartment, condo or cottage. Electric fireplaces and stoves come in so many shapes and sizes, there's sure to be a style to suit your space.
Electric Fireplaces—From Mantels To Entertainment Centers:
Electric fireplaces are available in a variety of styles designed to fit into any home décor. You can choose from simple compact designs, traditional fireplace surrounds and mantels, or entertainment centers to hold a wide screen TV.
Surrounds and mantels for the electric fireplaces are all wood construction with real veneers that are fine furniture quality and available in a variety of stained finishes, as well as basic black and stone. The fireplace surrounds are easy to assemble and the electric fireplace units come assembled, ready to plug in. If you're looking for something that provides more of a traditional fireplace feel or would like to create ambiance in extra rooms, mantels and surrounds offer the perfect solution.
The combination electric fireplace/entertainment center option is great for someone who has limited space and wants more out of their fireplace than just heat and good looks. This choice also makes a nice focal point for a room and has great potential for storage.
Electric Fireplace Inserts:
Fireplace insert units are designed to fit right into any existing fireplace to provide the warmth and ambiance of a real fire without the maintenance and mess. Electric inserts are easily portable and come assembled and ready to plug in. When using an electric fireplace inserts you can keep the damper closed since they produce no smoke or emissions.
Electric Stoves:
Featuring the same realistic flame patterns and efficient electric heater as the fireplaces, electric stoves can go anywhere, living room, basement, garage, kitchen or bedroom. Patterned after classic European cast iron wood burning stove designs, they add a warm, traditional feeling to any room, even before you turn the flames on. Available in compact or full size models, basic black or colors, they are lightweight, durable, and can be easily moved from room to room.
Wall-Mounted Fireplaces:
Wall Mount Electric Fireplaces take flames and heat to a new place in the home. Wall mount fireplaces have all the same features of the electric stoves, but take up no floor space. They come with wall mounting hardware and can be placed on virtually any wall in the house. Since the flames and heat can be operated independently, imagine adding the look of a cheerful fire to a room anytime of year. Like a piece of wall art, they are framed in real wood with a choice of finishes.
Want to see this again? Yes, send it to my email!


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By Msgr. Kevin Sullivan
Much has been spoken and written on the one-year anniversary of Sandy.
Three simple thoughts —
Prayers and thoughts for those who lost a loved one from the storm. This is indeed an irreplaceable loss.
Continued support to those who are still struggling to recover – restoring homes and rebuilding lives. You are neither forgotten nor are you on your own.
Gratitude for the outpouring of support and solidarity from so many, near and far. Without you little would have been done.
Catholic Charities helped the day after the storm, is helping a year later and will be helping into the future to ensure that each individual and family has the opportunity and help needed to rebuild their lives. I am immensely grateful to our dedicated professional staff and volunteers. I am appreciative of our donors who enable our response to happen.
Read the Staten Island Advance for information about Catholic Charities' new survivor support program


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Things to see and do - Enniskillen
Leaving for Ireland
Enniskillen :
Unmissable tourist sites
Where to sleep?
Enniskillen Hotel tips
The Enniskillen Hotel from75 £Book
Mahon's Hotel from65 £Book
Belmore Court & Motel from70 £Book
Enniskillen Travel guide
Enniskillen : Michelin's recommendations
Enniskillen is a lively market town sited on a charming island separating Lower and Upper Lough Erne. It is the ideal starting point for exploring the lough, embarking for a cruise on the Shannon-Erne waterway, fishing in the Fermanagh lakes and touring the Sperrin Mountains.
Tourist attractions Enniskillen : Things to see and do
Castle Coole
A4 GB - Enniskillen BT74
Situated by a lake on a gentle slope dotted with great beech and oak trees, this magnificent neo-Classical residence is probably the most beautiful in Ireland. It was designed by James Wyatt and completed in 1798 for the Corry family, counts of Belmo..
Cliffs of Magho Viewpoint
A46 GB - Rosscor
A one-way scenic drive snakes 11km up through the Lough Navar Forest Park to the viewpoint at the top of the Cliffs of Magho. The panoramic view seems infinite, taking in the entire northern end of Lower Lough Erne as far as the Blue Stack Mountains ..
Lough Erne
GB - Enniskillen
The damp and wooded Fermanagh Lakeland used to be the most isolated region of a province that was itself remote. More accessible nowadays, it is popular with fishermen. The River Erne flows into Lough Erne, which is bisected by a gully near Inniskill..
Hotels Enniskillen
Westville Hotel
14 - 20 Tempo Rd GB - Enniskillen BT74 6HR
Prix Prices from : 85 £
The elegant Westville Hotel offers luxury facilities less than half a mile of Enniskillen town centre. It has free Wi-Fi, free parking and live entertainment on Friday and Saturday nights. The WV Bar has a tasty all-day menu, and the award-winning T..
Mahon's Hotel
Mill Street GB - Irvinestown BT94 1GS
Located in the heart of The Fermanagh Lakelands, Mahon's Hotel offers free parking, a traditional restaurant and hearty cooked breakfasts, near Enniskillen on the shores of Lower Lough Erne. The colourful rooms each have a TV/DVD player and free Wi-..
Belmore Court & Motel
Tempo Road, Enniskillen GB - Enniskillen BT74 6HX
In its own grounds on the edge of Enniskillen, the Belmore Court & Motel offers free parking and free Wi-Fi, with a choice of modern hotel-style rooms and self-catering apartments. The Belmore Court & Motel offers a range of accommodation to suit th..
Restaurants Enniskillen
Killadeas GB - BT94 1NY Enniskillen
Formal hotel dining room comprising three rooms - two with high ceilings and ornate plasterwork and the third in a glass-fronted cube which offers unrivalled views across the marina. Classic dishes are presented in a modern manner.
Belleek Rd GB - BT93 7ED Enniskillen
Watermill Lodge
Kilmore Quay GB - BT92 0DT Lisnaskea
Charming red-brick cottage with a thatched roof, a delightful terrace and superb water gardens flowing down to Lough Erne - where you can hire one of their fishing boats. Characterful, rustic interior with smartly laid tables and a 25,000 litre aquar..
Cellar Door
Killadeas GB - BT94 1NY Enniskillen
Lochside Bar and Grill
Belleek Rd GB - BT93 7ED Enniskillen


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DrenTheLiar wrote:Haven't seen this piece of trash yet but someone asked for a poll.
ColdBlooded Killer wrote:Oh SNAP! I'm not up your a** bro. If you hadn't noticed I didn't make the first post in this board until last night and today. You and many others were the ones that were up RZ's a** if that's the case. I'm just saying, it's impossible for you to seriously give the movie a chance. Your opinion is already set in stone. Hell even if you liked it, you wouldn't admit it because you would look silly saying that after all the S*** you've talked about the movie already.
That's all I got to say about that!
Sammi_Curr wrote:I have a question.Does this movie have any titties in it? Because if it aint got tittes it aint worth goin to see. lol
SirMWK wrote:Haha. Looks like the zombie fans come out on top here.
Users browsing this forum: Bing [Bot], Google Adsense [Bot], nowonmai and 44 guests


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Whether you're embarking on an adventure to the Grand Canyon or trekking to Grandma's for turkey day, chances are a road trip is in your future.
But logging long miles in the car can be exhausting for everyone, from uncomfortable moms-to-be (make sure your chosen route has plenty of bathrooms) to cranky babies and active preschoolers tired of being cooped up. Read on for BabyCenter's parent-tested (and kid-tested) guide to motoring without meltdowns.
Safety first
Before you hit the road, now or any other time, make sure your child's car seat is properly secured – up to 70 percent of car seats aren't installed correctly.
Pack plenty of water, a first-aid kit, and a flashlight in case you break down at night. Call to make sure your road assistance plan is up-to-date. And along with charging your phone beforehand, take along a phone charger for the car so your cell phone will be fully juiced in case of an emergency.
Finally, remember to get enough sleep the night before. While it's good for children to be well rested before a trip, it's imperative that you be. Sleep deprivation makes for frazzled nerves and unsafe driving.
Plan ahead
A week before your departure, list everything you'll need to take and start gathering it together. If you can, take a half day off work – more if you're going on a long trip – before you leave to give yourself more time to pack.
If you have more than one child and don't have a minivan, consider renting one (reserve well in advance, especially during the summer). You won't waste time trying to squeeze all of your gear into the trunk, and you'll have more flexibility about where everyone sits.
To maximize seating options, take your own car seats with you, even if you get a van with those nifty built-ins. Little bottoms can get sore when they're seated for too long, and it's great to be able to pull over at a rest stop and let the children switch.
Pack strategically
Pack everything you want easy access to on the road separately so you're not forced to dig around in your suitcase en route. Jackets and hats, for example, should be within easy reach. And keep basic supplies such as sunscreen and mosquito repellent in a separate bag so you can take advantage of opportunities for outdoor fun along the way.
If you're heading to a warm climate, toss in a beach bag with swimsuits and towels – you never know when you might stumble on a great watering hole! It's also a good idea to have a change of clothes handy for you and your kids so you don't have to root around in your suitcases in case of an unexpected mess.
Plan your travel time around your child's sleep schedule
Schedule your departure to ensure your children catch some quality zz's on the road.
If you leave a bit before lunchtime, you can let your kids eat in the car (it will keep them occupied and you can make it into a fun treat if this isn't your usual m.o.). Then they'll nod off in no time, and you can log some serious miles in peace. Try not to stop the car while your child is sleeping – it's a surefire waker-upper.
Some folks travel at their children's bedtime: They put the pajama-clad kids in their car seats and go. This works if you're not too tired to drive late at night and if you're reasonably sure your children will stay asleep once you arrive. This tactic really depends on your child – if it backfires, you can end up with a wide-awake toddler at midnight.


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ZF-12386: Zend Framework doesn't support Dojo +1.7 async=true
Dojo has changed the way to load the modules, now they support AMD to load them asynchronously, making it faster.
When we set up Dojo in our application it automatically add this code: //
Producing an error as dojo is not defined, but the real problem is the way it's defined the required sentences.It should be like this:
There is already a solution in place here: http://web-notes.wirehopper.com/2012/02/… . ¿Is there any possibility to add something for the next versions of Zend Framework?
Please look at the comments in this issue: ZF2-17.
Ok, so no dojo till 2.0. that's a shame but I agree you may have some other things to work on...
I will think about not using Zend_Dojo instead as actually it's the problem.


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All-natural single ingredient diet for fresh and saltwater fish, invertebrates, and corals. Stimulates appetite for nutrition necessary to promote growth, resistance to stress and a long healthy life. Contains no additives, preservatives, or artificial colors. Easy pop-out cube provides a pre-measured feeding portion. Sealed blister pack ensures freshness and prevents freezer burn.
Please click on "More Information" for ingredients, guaranteed analysis, and feeding instructions.


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Athlete Picks
Hand-picked favorites from our sponsored team of professional athletes.
One half of The North Face® athlete Kaitlyn Farrington's outerwear kit this season, these denim-inspired TNF™ Apex ClimateBlock pants have a slim fit with a touch of stretch to maximize your mobility on the mountain. Windproof and virtually waterproof, yet highly breathable, these pants won't soak through as you wait to drop into the pipe or leave you overheating on the hike back to the top. Warm, three-layer bonded fleece backing feels cozy against baselayers. Clip-in integration allows you to attach the waistband of these pants to compatible The North Face® jackets to seal out snow and cold air. This product contains at least 90% bluesign® approved fabric -- a standard for environmentally responsible production.
TNF™ Apex soft shell fabrics are a signature material, researched and developed exclusively by The North Face®. TNF™ Apex offers the dynamic duo of a tightly woven abrasion-phobic face for protection, and a soft-brushed interior for performance and comfort. Built to stretch for comfort and mobility, TNF™ Apex is also treated with our Durable Water Resistant (DWR) finish to achieve the ideal balance between weather resistance and breathability.
TNF™ Apex Aerobic The lightest and most breathable of the TNF™ Apex fabrics, TNF™ Apex Aerobic offers the greatest stretch and mobility, making it ideal for running, cycling and other highly mobile aerobic activities.
TNF™ Apex ClimateBlock The most protective TNF™ Apex fabric, TNF™ Apex ClimateBlock is virtually waterproof and windproof while also maintaining a comfortable level of breathability. The fabric is ideal for trekking, skiing and snowshoeing in challenging, inclement weather conditions.
TNF™ Apex Universal The most versatile of the TNF™ Apex Fabrics, TNF™ Apex Universal is both breathable and water resistant, making it ideal across a wide range of activities and weather conditions.


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VMware Fusion Professional
What's New
VMware Fusion 6 Professional delivers improved IT controls, unsurpassed platform support, and more powerful virtual machines.
Deliver Windows Applications to Mac Users
Fusion 6 Professional is designed for IT professionals who want to allow corporate users to run Windows® programs on Macs®, and for users who are looking for advanced functionalities to run Windows virtual machines.
Control and Secure Applications and Data
Fusion 6 Professional enables IT professionals to control and secure corporate applications and data in a variety of fundamental ways. IT administrators can create and control policies around your virtual machines and deliver applications to end-users in a simplified "restricted" virtual machine container. Fusion 6 Professional also allows restricting access to certain virtual machine settings and can even prevent users' from connecting USB devices to restricted virtual machines. This ensures users are not able to tamper with corporate images. Additionally, virtual machines can be encrypted and password-protected to provide yet another layer of protection.
Easy and Reliable Deployment
Fusion 6 Professional provides an easy, reliable, and proven way to allow company employees to run the Windows programs they need on the Macs they want. Use existing Windows management tools to deploy Windows and Windows applications, apply patches, and enable conformance to policy. Fusion 6 Professional comes with IT administration tools to help you deploy VMware Fusion® using Apple or a third-party Mac management solution like JAMF's Casper Suite. Further reduce the cost of supporting Windows desktop using single virtual machine mode which limits user access to the Virtual Machine library, the ability to create new virtual machines or migrate PCs and reduces menu options.
"If you are running an IT department and need mass deployment options, this is the best option on the Mac."
Deploy Virtual Machines on Macs, Windows, or Linux Systems
Fusion 6 Professional supports BYOPC programs by including the award-winning VMware® Player™ 6 Plus. Run restricted virtual machines on Macs, Windows or Linux systems, all from a single solution. VMware Fusion keeps it simple by giving you one license key that will activate both VMware Fusion Professional and VMware® Player Plus™.
Simplify License Management
Buying and managing Fusion 6 Professional licenses is easy. Purchase licenses in volume and configure them so your end users are productive using Windows on a Mac from their first power-on. Use the My VMware licensing portal to easily manage all your license keys and support entitlements. Merge license keys together or break them apart, as you see fit.
Eliminate Support Headaches
Reduce your support costs by directing end-users to the customized web resources of your choice, directly from VMware Fusion's "Help" menu. Users even have access to VMware Fusion's Learning Center which includes step-by-step easy to view videos that will get them up and running in no time with running Windows on a Mac. Fusion 6 Professional customers are eligible for VMware's industry leading support.
Benefits for Advanced Mac Users
Professional users looking for proven performance and reliability from the worldwide virtualization leader can also benefit from advanced features only available in Fusion 6 Professional.
Developers using Macs who need to leverage Windows and Linux development tools or test their code in a Windows environment can use Fusion 6 Professional to develop and test their code more efficiently and effectively in two new ways: using the linked clones feature to create a partial copy of an existing virtual machine and the virtual network editor to quickly build custom virtual networking configurations.
Professional users who need to utilize memory- or process-intensive applications can rely on Fusion 6 Professional to deliver a virtual machine with up to 16 virtual processors, 8 TB virtual disks and up to 64 GB of memory per virtual machine. With Fusion 6 Professional, you can run demanding applications like AutoCAD or SolidWorks at incredible speeds and with Retina display support, graphics-intensive applications will look as good as they behave.
Sales teams, consultants, and other corporate professionals that spend significant time out of the office that want to utilize a single device to use or demonstrate products and solutions built on a variety of platforms can use Fusion 6 Professional's linked clone feature to maintain a variety of computing environments and switch between them at a moment's notice. And, because Fusion 6 Professional displays the name of each virtual machine when in full screen mode, power users will be able to readily identify the virtual machine that's being displayed.


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The Appetizer Radio Show
Serving up your connection to new and emerging artists along with established legends each week.
Connect with us using these platforms to discover fresh flavors of music from the known as well as the unknown.
Hear the show online by clicking on the Listen-Now link on the Play Button.


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Southern staples you make for yourself
Published: Wednesday, May 15, 2013 at 7:36 a.m.
Last Modified: Wednesday, May 15, 2013 at 7:36 a.m.
A quick trip through my old recipe files supplied me with just what I was looking for: a collection of homemade dressings, sauces and spreads you can make yourself for your salads, sandwiches and such.
There are still people who make their own mayonnaise and cheese sauce for the tomatoes soon to be in season and the asparagus on grocery shelves now. Try the following to perk up your dinner table.
Aunt Rachel's Mayonnaise
1 egg
1⁄2 teaspoon salt
1⁄2 teaspoon dry mustard
1⁄2 teaspoon seasoned salt
1⁄4 teaspoon paprika
2 tablespoons vinegar, divided
11⁄2 cups salad oil, divided
Place egg, seasonings and 1 tablespoon vinegar in blender. Start slowly and dribble 1⁄2 cup salad oil through hole in top very slowly. Stop blender and add remaining tablespoon vinegar. Start slowly and dribble remaining cup of salad oil through opening, blending slowly until thickened. Refrigerate.
Mother's Cheese Sauce (Good on vegetables, salmon croquettes, fish, macaroni and cheese, etc.)
2 tablespoons butter
2 tablespoons flour
1 cup milk
1⁄4 teaspoon dry mustard
1⁄4 teaspoon paprika
1 cup grated sharp cheddar cheese
Melt butter, stir in flour, cooking slowly while stirring for 2-3 minutes. Add milk slowly, stirring. Add seasonings and cook until thickened. Add cheese and stir until melted. If too thick, add more milk.
Aunt Polly's Poppy Seed Dressing (Good with fruit salad)
3⁄4 cup sugar
1 tablespoon dry mustard
1 tablespoon salt
1⁄3 cup cider vinegar
11⁄2 tablespoons onion juice
1 cup salad oil
11⁄2 tablespoons poppy seeds
Mix well in a jar with a tight lid. Shake before using.
Reader comments posted to this article may be published in our print edition. All rights reserved. This copyrighted material may not be re-published without permission. Links are encouraged.


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UNISA's brief to the design team was to reflect a new Africanism, a site of confluence of traditional wisdom transmitted to a younger generation. The Kgorong Centre was built as a gathering place for students and gateway to the rest of the campus. The centre is envisioned to become the soul, heart and spirit of the UNISA campus, while linking different levels on a steep slope through sweeping forms that relate intimately with the building architecture. The brief also called for the creation of a piazza space accessible to all. The challenge was to integrate the steep slope with the different levels of the building.
Continue reading UNISA Kgorong Centre | Pretoria South Africa | Cave Klapwijk and Associates


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Someone please take the against side for infidelity being completely disgusting and cowardly.
I'd like to see how this plays out.
Someone please take the against side for infidelity being completely disgusting and cowardly.
I'd like to see how this plays out.
Easily. Humans are not monogamous, and men in particular have no particular need for monopolised sexual contact so they seek it elsewhere. You can't blame someone for being human.
no, but our minds are meant to overcome the monogamous urges from our humanity. its the reason we have personal morals. you cant blame a person for being human, but you can blame them for being generally stupid and hurting others through such endeavors.
i find it detestable unless you really dont find yourself in a concept of love, trust, or anything tying you to your significant other or if you mutually agree to something complex.
your welcome
Marriage, whilst perhaps representing some kind of deep bond, is also a somewhat flawed social construct which has been dogged for years by religion.
There's social pressure to get married, mainly from family ("One day you'll get married and have a nice little family of your own, Jimmy"), from certain careers (those that depend on people skills and the image you present like law and politics. Edward Heath wasn't married, other than that most prime ministers of the U.K. and most presidents of the U.S.A. were married and one of the main reasons Barack Obama won in 2008 was because he was a happy, married man. Politicians screwing around is harmful to their image), and from the traditional structure of society in general. Get married, have kids. Don't screw around and have ten kids with four different people.
Marriage may represent a perfect bond between two individuals in love. In that case, it's perfectly fine. You can understand why the force of adultery exists, however, when there's so much pressure by society to get married.
I THINK my first wife cheated on me with 8 guys, but I only know Definitely of three.
But I'm pretty sure that's why divorce existed. If a person can't go up to their SO and say "oh hey, I guess you're not as significant as I thought you were", because going off with the local barmaid/stripper/policeman, then I'd find that kind of pathetic.
I have no qualms with people moving on, or sleeping around outside of a relationship, or rapidly bouncing between one relationship and another, but to cheat on someone while you're married to them? I just find that abhorrent.
well why is there a marriage in the first place. I can understand being responsible and not having a bunch of children with different people though.
Now I think it's time to ask why we impose morals on our selves anyway.
Flame,Troll and Spoil
marriage is just a sign of trust by giving yourself to someone else legally.
what matters is the core relation and display of unconditional love.
your welcome
I read an article a few months back that gave the idea that marriage is an inate social construct formed by early hominids to keep order in hunting groups. Without a stable system of marriage there would have been more fights between competing males, and more unnecessarily deaths. That is not something that can be allowed to happen with a wandering group of 5 or 6 people.
We just happened to keep it into the modern age, which isn't surprising considering we were still hunters and gathers until quite recently in geologic time. It could take a good hundred thousand years of civilization before we lose the unneeded concept.
And people still kill each other over women/men.
to get my name back on the streets i plan on getting into a relationship with somebody really hot and cheating at her at every possible opportunity
Cheating on someone is a horrible thing, I've done it and honestly I still feel like a dick over it and that was almost a year ago.
you accepted the advances of a woman who wasn't above an 8/10?
king this is a man associated with "the crew" we are talking about, you should feel terrible for even insinuating such horrors. he probably raped a child.
People talk a lot about cheating being an inevitability of marriage, but only around 22% of men cheat on their wives, and only 13% of women cheat on their husband. Most people are perfectly happy, or at least satisfied, with their spouses.
During conflicts in a relationship, however, the urge to cheat does pop up. Generally a person just finds themselves dissatisfied with their current partner and want to get something more. So they betray their partner. Betray is the key word here. They break the trust of their partner. The act of betrayal is what makes cheating so much more despicable than, say, divorce. Trust is one of the basic pillars of today's society, where everything is dependent on people doing their jobs, paying their loans, keeping their promises. If everyone were to betray one another, we'd all be fucked.
So yes, cheating is bad.


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I came
When the Devil is too busy
And Death's a bit too much
They call on me by name you see,
For my special touch.
I remember that pikachu from pokemon snap
it's the pikachu that would do the little dance on the surfboard
oh but now i snaped him doing a dance on a female pikachu *wink wink*
well well that pikachu decided to give up humping the surfboard for the real deal
must've been one of those two pikachus that came out and danced on the stumps if you chased scyther out of the grass
oh my gosh someone send this to nintendo
in seventh grade I hung out with this girl who told me that Miyamoto had stepped down from presidency
fucking liar
my new avatar!!!
give that to tim if he ever needs something to masturbate to
I thought it was Casey that was into pokemon sex, not Tim
who ISN'T into pokesex these days?
When the Devil is too busy
And Death's a bit too much
They call on me by name you see,
For my special touch.
Posting "I Don't" is just a call for a lynch mob to be at your doorstep.
Omg what was that thing called that gave info on pokemon. the pokedex?
nononono, it's more like snorlax on caterpie action.
Skitty on wailord action.
=O. Very impressive Danielle..
It works too.
Oh a whale's cock will surely fit into a skitty..
I'm thinking the skitty would die in a number of ways before a baby would be produced.
I promise I'll have one by 4:30 pm est


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is it just me or have you people noticed, when walking around, that people are generally dumb. i mean, it's like they're ants doing things... kinda routinely. i dunno what i mean exactly, but some people just... they seem like they're just going through life without a thought about it. and sometimes i feel like am aware of other, what they think, and how we're all really connected in some way.
maybe it's me. ;\


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If you spend a lot of time looking at your computer screen, you know how important it is to like what you see. In Windows 7, you can change the desktop background, window border color, sounds, and screen saver to suit your style—by creating your own theme.
To get started, open Personalization in Control Panel and click any theme to apply it to your desktop. Then change the desktop background, window border color, sounds, and screen saver until each one looks just the way you want it to.
Open Personalization by clicking the Start button , and then clicking Control Panel. In the search box, type personalization, and then click Personalization.
Click a theme to apply it to your desktop.
Change one or more of the following:
The desktop background. You can have a single picture or a slide show (a rotating series of pictures) as your desktop background. Use your own pictures, or choose from the pictures that come with Windows.
To change the background, click Desktop Background, browse to the pictures you want to use, select the check boxes for the pictures that you want to include in your slide show, and then click Save changes. To learn more, see Create a desktop background slide show.
The window border color. To change the color of your window borders, taskbar, and Start menu., click Window Color, click the color that you want to use, adjust the color intensity, and then click Save changes. For more information, see Change the colors on your computer.
Sounds. To change the sounds you hear when events occur on your computer, click Sounds, click an item in the Sound Schemes list, and then click OK. For more information, see Change computer sounds.
The screen saver. To add or change a screen saver, click Screen Saver, click an item in the Screen saver list, change any settings to suit your preference, and then click OK. For more information, see Change your screen saver.
Your new theme will appear under My Themes as an unsaved theme. If you want to come back to your unsaved theme later, make sure you save it. To learn more about saving a theme, see the next section in this Help topic.
If you upgraded to Windows 7 from Windows XP or Windows Vista, be aware that themes work a little differently in Windows 7. Anytime you change the desktop background, window color, sounds, or screen saver, you're creating a new unsaved theme, not making changes to an existing theme.
Once you're happy with the way a new theme looks and sounds, you can save it and come back to it again and again.
Click your unsaved theme to apply it to the desktop.
Click Save theme.
Type a name for your theme, and then click Save.
The theme will appear under My Themes.
You can share themes you've created with family and friends who have Windows 7. To send a theme to others, you'll need to save it in a file format that can be shared, called a .themepack file. Then you can share the theme using an e‑mail account, a network, or an external hard disk.
Click the theme you want to share to apply it to the desktop.
Right-click the theme, and then click Save theme for sharing.
In the File name box, type a name for your theme, and then click Save.
By default, Windows saves the theme in your Documents folder.
Themes are available in only some editions of Windows 7. So if your friends and family have Windows 7 Starter or Home Basic edition (or a different version of Windows), they won't be able to open or use your theme.
If you get tired of using a theme you've created or downloaded, you can delete it from your PC. (The themes that come with Windows can't be deleted.)
Click a different theme to apply it to the desktop. You can't delete a theme while you're using it.
Right-click the theme you want to delete, and then click Delete theme.
You can find more themes in the Personalization Gallery on the Windows website.


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Fortunately for those who were sad to see the farmer's market end this year, the Utah Cultural Celebration Center will be hosting the fifth annual Winter Market. The Winter Market will feature some of Utah's "finest handcrafted arts and ethnic products," along with live music, art displays, and dance performances to keep you entertained. Although it is too cold for fresh fruit, other food vendors will be selling their unique, homemade products to entice your taste buds. And don't worry, unlike the outdoor farmer's markets, this market will be held inside, keeping you sheltered from the cold and snow.
Come enjoy the Christmas season and browse the artistic talent of locals near you. The Winter Market will be held inside the Utah Cultural Celebration Center at 1355 West 3100 South in West Valley City. It happens on Saturday, Dec. 3 from 10 a.m. to 7 p.m. and everyone is invited. Admission is free.


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The Last Show – Parallel Programming Talk #130 – Parallel Manifold with Jim Dempsey
It was sad when "Friends" ended, and who can forget the endings of "MASH" and "Jerry Seinfeld"? So it goes with ISN's "Parallel Programming Talk" show. Our last show was a fitting end to 130 radio and Web TV programs about all things Parallel. It wasn't a "montage" or "retrospective" show but simply a great […] Read more


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France Luxe Stacked Crystals Bobbie Pins
Features a pair of pins in very pretty color combinations to match every need. Small barrette will hold back your bangs and fly-away hair with artistic style.
Model#: LI2423 /
Guaranteed AuthenticGuaranteed Authentic
Folica is an authorized distributer of this product and guarantees its authenticity.Close
- Sparkling geometric pattern
- Holds small amounts of hair
- Dimensions: 2" x 5/8"
Elegant Pins With A Bit Of PracticeIf there's one thing I want to make clear right away, it's that the picture does not do justice to these beautiful bobbie pins. I received the France Luxe Stacked Crystals Bobbie Pins as a VIP Reviewer and, stunned as soon as I opened the package at the way they look -- two large, faceted smoky quartz crystals offset by two gold-backed squares of nine smaller, shimmering crystals -- as well as how well they're made. Despite my best efforts, I could not loosen those stones; however France Luxe has mounted the crystals, they're not going anywhere.
However, I am less enthusaistic about the way the bobbie pins work. Although fine teeth guide and smooth your hair, letting it lay flat on the other die of the pins, and a button holds the pins together, I discovered that the pins slide out of my hair within minutes of securing them in place. Also, there is an extended loop at the end of the pins, so you must secure these clips in a way that hides the loop. This is fairly easy with a little practice, but after several tries, I still haven't figured out how to get these gorgeous, elegant pins to stay in my hair.
Are they worth four stars? Yes, and for anyone who's used to working with rather slippery clips, these are worth even more. They're so beautiful, that I'm going to keep on trying to make them stay where they belong; they're worth the effort.
Was this review helpful?(Yes)(No)Oct 21, 2010Mireille L. / 0HAIR TYPEDark Brown / Normal Hair / Thick or Coarse Hair
Use this link to send this review via e-mail, Twitter, or to post to your blog.Close


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Judge Berger
13-06014 Rajala, Chapter 7 Trustee v. Buerge (Doc. # 20) - Document Text
- Details
- Category: Judge Berger
- Published: 03 September 2013
- Written by Judge Berger
The relief described hereinbelow is SO ORDERED.
SIGNED this 13th day of August, 2013.
In re:
AARON GRANT BUERGE, Case No. 11-20325
v. Adv. No. 13-6014
This matter is before the Court on Defendant Alden Buerge's Motion to Dismiss.1 The
motion seeks to dismiss the Adversary Complaint filed by Eric C. Rajala, Chapter 7 Trustee, on
the basis that the Trustee lacks standing to bring this action. These matters constitute core
1 Doc. 6 in Adv. No. 13-6014.
13.08.12-A Buerge MTD.wpd
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proceedings over which the Court has the jurisdiction and authority to enter a final order.2
Background and Findings of Fact
Debtor, Aaron Grant Buerge, filed for relief under Chapter 7 of the Bankruptcy Code on
February 11, 2011. On the petition date, Aaron was the owner of 306.47 shares of stock in a
family-owned bank holding company known as Buerge Bancshares, Inc. ("BBI"), and 132.64225
shares of stock in a second family-owned bank holding company known as Financial
Enterprises, Inc. ("FEI"). In Aaron's main bankruptcy proceeding, his father, Alden Buerge,
filed a proof of claim asserting a security interest and lien in the shares of BBI. This secured
claim is based upon a Note and Security Agreement dated September 1, 2008, which grants
Alden a security interest and lien in BBI Certificate #136 representing 47 shares of BBI stock
and Certificate #138 representing 53 shares of BBI stock.
The BBI shares are subject to certain restrictions on their transfer, as set forth in the
Stock Purchase Agreement ("SPA") signed by Debtor and BBI. The SPA places the following
restrictions on the transfer of the BBI shares owned by Aaron:
Section 2(a) provides that stockholders may not "sell, assign, transfer, pledge or
otherwise dispose of or encumber, by sale, gift, will or otherwise, any stock of the
Corporation except in accordance with this Agreement."
Section 2(b) provides that a stockholder must offer to sell the shares to the
Corporation before disposing of them. Section 4 provides the procedures for
offering shares to the Corporation. Such procedures include providing written
notice of the offer and granting 30 days during which the Corporation could
exercise its option.
2 See 28 U.S.C. § 157(b)(2)(B), (E) and (K) (core proceedings) and § 157(b)(1) (authority to hear core
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Section 2(a) provides that any purported disposition prohibited by the SPA "shall
be void and ineffective."
Section 7(a) provides that no disposition is effective unless such transfer is in
compliance with the SPA and any attempted disposition of stock in violation of
the SPA "shall be null and void ab initio."3
According to the Trustee, Aaron did not comply with the terms of the SPA prior to
pledging the stock as security for the loan from Alden. Specifically, the Trustee claims that
Aaron did not offer to sell the stock to BBI before pledging it to Alden; did not provide written
notice to BBI of his intent to pledge the BBI shares as collateral to Alden; did not grant BBI 30
days during which BBI could exercise its option to purchase the shares; and "did not comply
with any of the other terms, conditions, and procedures required under the SPA in order to
effectuate a valid transfer of a security interest in the BBI Shares to Alden."4
The Trustee initiated this adversary proceeding seeking to invalidate Alden's purported
security interest in the shares of BBI and to require turnover of the stock certificates for BBI
stock owned by Aaron that are in Alden's possession.
The shares of BBI owned by Aaron were part of prior litigation in Aaron's main
bankruptcy case. In Aaron's main bankruptcy case, he sought an order requiring the Trustee to
abandon the estate's interest in the shares of BBI on the basis that any potential sale of the stock
would be difficult and costly and that any potential profits from such sale would provide an
3 Complaint, Doc. 1 at 3.
4 Id. at 4. The SPA has not been provided to the Court, so the Court is unable to determine whether there
are any other "terms, conditions, and procedures" under the SPA that may apply to this matter. However, given the
current posture of this case and the fact that it is before the Court on a motion to dismiss, the Court will assume that
the Trustee is correct in his assertions concerning Aaron's failure to comply with the SPA, without actually deciding
that a violation of the SPA has occurred. The question of whether Aaron and Alden complied with the SPA does not
need to be determined in the context of this motion to dismiss.
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inconsequential benefit to general unsecured creditors. On September 6, 2012, the Court granted
Aaron's motion and ordered the Trustee to abandon all interest in the stock held by Aaron in
Section 554(b)6 provides that any party-in-interest may move the court to compel
abandonment of property of the estate. Such a motion is a contested matter under Federal Rule
of Bankruptcy Procedure 90147 and is governed by Rule 6007. Notice and hearing is required.
In Aaron's main case, the Court conducted an extensive hearing and considered evidence with
regard to whether the assets ordered abandoned were "burdensome to the estate or . . . of
inconsequential value and benefit to the estate."8 In this case, the Debtor's motion to abandon
was opposed by the Chapter 7 Trustee and by the largest creditor of the estate. If a motion for
abandonment is opposed by parties-in-interest, then it is the movant who has the burden of proof.
However, "the party opposing the request that property be abandoned must show some likely
benefit to the estate; mere speculation about possible scenarios in which there might be a benefit
is not sufficient."9 Since it was the Debtor who sought abandonment of the assets, it was
incumbent upon the Debtor to provide adequate notice to the parties-in-interest, the latter of
whom had the right to object to an order directing abandonment by the Trustee. A three-day
5 In re Buerge, 479 B.R. 101 (Bankr. D. Kan. 2012). The Court's order directing abandonment of the
shares of BBI stock has been appealed to the 10th Circuit Bankruptcy Appellate Panel, where it is currently pending.
The BAP has, however, denied the Trustee's motion to stay enforcement of the order requiring abandonment of the
stock interests while the appeal is pending. Rajala v. Buerge, No. 13-24, Doc. 30 (B.A.P. 10th Cir. filed May 17,
6 This and all future statutory references are to the Bankruptcy Code, as amended by the Bankruptcy Abuse
Prevention and Consumer Protection Act of 2005, 11 U.S.C. §§ 101 - 1532, unless otherwise specifically noted.
7 All future references to Rules are to the Federal Rules of Bankruptcy Procedure, unless otherwise
specifically noted.
8 See § 554(b).
9 5 COLLIER ON BANKRUPTCY ¶ 554.02[3] at 554-7 to 554-8 (Alan N. Resnick & Henry J. Sommer, eds.,
16th ed. 2013).
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evidentiary hearing was conducted to determine whether the Court should approve the Trustee's
proposed sale of the assets or whether the Debtor's motion for an order directing abandonment
by the Trustee should be granted. This detailed procedure stands in stark contrast to the short
circuit removal of certain personal property, and relief from the automatic stay relating thereto,
under the limited provisions of § 362(h)(1) relied upon by the Trustee.
The effect of abandonment of estate assets under § 554 is that "the trustee is divested of
control of the property because it is no longer a part of the estate. Thus, abandonment constitutes
a divesture of all of the estate's interests in the property. Property abandoned under section 554
reverts to the debtor, and the debtor's rights to the property are treated as if no bankruptcy
petition was filed."10 Abandonment is effective retroactively to the petition date as if the debtor
were its owner during the pendency of this bankruptcy.11 With the exception of property that is
successfully exempted by the debtor, the bankruptcy court loses subject matter jurisdiction over
property of the estate upon abandonment.12 Abandoned property is out of the reach and control
of the trustee; it becomes property of the debtor's non-bankruptcy estate as if the bankruptcy had
not been filed by the debtor.13 In effect, "abandonment occurs nunc pro tunc to the petition date,
so that the debtor is treated as having owned the property continuously."14 The consequence of
abandonment under § 554 is clear: "The estate has no interest in, and does not administer,
abandoned property."15
10 Id. at 554-6.
§ 74:1 at 74-4 (3d ed. 2013).
12 Id., § 74:2 at 74-5 to 74-6; 5 COLLIER ON BANKRUPTCY ¶ 554.02[3] at 554-6.
4 NORTON BANKRUPTCY LAW AND PRACTICE ¶ 74:2 at 74-6.
14 Id., § 74-1 at 74-4.
15 In re Dewsnup, 908 F.2d 588, 590-91 (10th Cir. 1990), aff'd sub nom. Dewsnup v. Timm, 502 U.S. 410
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II. Analysis
The Complaint in this adversary proceeding includes five separate counts. Alden has
moved to dismiss the entire Complaint based upon a lack of standing. "Dismissal for a lack of
standing is jurisdictional, and thus is properly brought under Fed. R. Civ. P. 12(b)(1)."16 When
considering a motion to dismiss based upon a lack of standing, the Court "must accept as true all
material allegations of the complaint [ ] and must construe the complaint in favor of the
complaining party."17 As the party seeking to invoke federal jurisdiction, the Trustee bears the
burden to establish standing.18 However, at this stage of the proceedings, the Trustee's burden is
"lightened considerably."19
A. The Trustee Lacks Standing to Pursue Count I of the Complaint.
Count I of the Complaint seeks a determination that Alden's security interest in the BBI
shares is invalid and void. The Trustee alleges that, due to the restrictions on the transfer of the
BBI stock imposed by the SPA, Debtor's attempt to pledge his stock as security for the loan
from Alden was void ab initio. Specifically, the Trustee cites to Section 2(a) of the SPA, which
provides that stockholders "will not sell, assign, transfer, pledge or otherwise dispose of or
encumber by sale, gift, will or otherwise, any stock of [BBI] except in accordance with this
Agreement." Section 2(b) of the SPA states that prior to disposing of any stock, a stockholder
must provide written notice to BBI of an offer to sell the shares back to the corporation. Sections
2(a) and 7(a) of the SPA both provide that any purported sale or disposition of shares of stock
16 Hamilton v. Washington Mutual Bank, FA (In re Colon), 345 B.R. 723, 726 (Bankr. D. Kan 2005).
17 Initiative & Referendum Inst. v. Walker, 450 F.3d 1082, 1089 (10th Cir. 2006) (quoting Warth v. Seldin,
18 Petrella v. Brownback, 697 F.3d 1285, 1292 (10th Cir. 2012).
19 Id.
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that are not in compliance with the SPA are void.20 According to the Trustee, because Aaron did
not offer to sell the BBI shares back to BBI, by providing 30 days written notice of such an offer,
his pledge of the stock as collateral for a loan from Alden was ineffective and void.
As an aside, one would question whether the Trustee would succeed in this claim, even if
he were to establish standing and prove that Aaron and Alden did not comply with the SPA when
Aaron hypothecated the stock. In a closely held corporation the SPA exists to protect other
shareholders and the corporation, and it is they who would have standing to seek a remedy to
redress such non-compliance. As observed by a leading treatise:
Restrictions on the transfer of stock or stock rights, including pledges, can be part
of the corporate charter, articles of incorporation or the stock offering itself.
These restrictions are normally used to protect closely held corporations so that
control will not pass to unknown or undesirable partners. The restrictions usually
apply to transfers, but pledges may also be included.21
From a policy perspective, restrictions on the transfer or pledge of stock in a closely held
corporation are designed to bring predictability as to business associates and to insure that the
stockholders are acceptable to the other shareholders in the corporation.22 Restrictions are also
designed to preserve corporate and tax attributes and to allow the closely held corporation to
refuse to issue or register a stock in the name of the pledgee or transferee.
Alden claims that the Trustee lacks standing to pursue this claim because the BBI shares
have been abandoned. Although Alden does not specifically address each claim set forth in the
Complaint, he generally argues that because the Court has ordered Aaron's stock interests in BBI
20 Section 2(a) states that any purported disposition prohibited by the SPA "shall be void and ineffective,"
and Section 7(a) states that any disposition that is not in compliance with the SPA "shall be null and void ab initio."
12AWILLIAM MEADE FLETCHER, FLETCHER CYCLOPEDIA OF THE LAW OF CORPORATIONS § 5637.20 at
498 (perm. ed., rev. vol. 2009) (citations omitted).
22 See KANSAS CORPORATION LAW & PRACTICE, § 11.05 at 11-2 (Steven A. Ramirez, ed., 1998),
discussing Kansas law.
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abandoned by the estate, the Trustee has no standing to pursue the claims.
In order to establish standing necessary to bring an action in federal court, a party must
show three things:
(1) "injury in fact," by which we mean an invasion of a legally protected interest
that is "(a) concrete and particularized, and (b) actual or imminent, not conjectural
or hypothetical"; (2) a causal relationship between the injury and the challenged
conduct, by which we mean that the injury "fairly can be traced to the challenged
action of the defendant," and has not resulted "from the independent action of
some third party not before the court"; and (3) a likelihood that the injury will be
redressed by a favorable decision, by which we mean that the "prospect of
obtaining relief from the injury as a result of a favorable ruling" is not "too
The burden is on the Trustee to establish that he has standing to pursue this action.24
The Court agrees with Alden and finds that the Trustee lacks standing to pursue this
claim. Count I of the Complaint alleges that the purported security interest claimed by Alden in
the BBI stock owned by Aaron on the date of filing is ineffective and void. If the Trustee were
successful in establishing that the transfer was not in accordance with the SPA and is void, the
Trustee stands to gain nothing from such a victory. Whether a valid lien is attached to the BBI
shares at this point has no impact on any interests of the bankruptcy estate because the estate has
no interest in those shares. With the property already abandoned from the estate, a ruling that
the BBI shares owned by Aaron are not subject to a lien by Arden would not redress any
23 In re Integra Realty Resources, Inc., 262 F.3d 1089, 1101 (10th Cir. 2001) (quoting Northeastern Fla.
Chapter of the Associated Gen. Contractors v. City of Jacksonville, 508 U.S. 656, 663-64 (1993)).
24 Northeastern Chapter of Associated Gen. Contractors, 508 U.S. at 663 (citing Lujan v. Defenders of
Wildlife, 504 U.S. 555, 561 (1992)).
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potential injury to the bankruptcy estate. Therefore, the Court finds that the Trustee lacks
standing to seek a ruling that the alleged security interest held by Alden in the BBI shares is
B. The Trustee Lacks Standing to Pursue Count II of the Complaint.
Count II seeks a determination that Alden has no interest in any shares of BBI owned by
Aaron. The Trustee alleges that of the three stock certificates Aaron owns, two of
them—Certificates #136 and #138—were cancelled on March 2, 2009, and the third—Certificate
# 144—was not included in the security agreement between Alden and Aaron.
As with Count I, the Court finds that the Trustee lacks standing to bring the action set
forth in Count II of the Complaint. Count II is essentially another path to the same potential
result by the Trustee—a finding that Alden does not have a security interest in the BBI shares
owned by Aaron. As with Count I, the Trustee lacks standing to bring this action because even if
he were successful in establishing that Certificates #136 and #138 were cancelled, and
Certificate #144 was never subject to a security interest by Alden, the Trustee cannot recover any
property for the estate or benefit the estate. The Trustee's action essentially seeks to turn an
encumbered piece of property—that is not property of the estate—into an unencumbered piece of
property—that is still not property of the estate. Prevailing on this action would not benefit the
C. The Trustee Lacks Standing to Pursue Count III of the Complaint.
Count III of the Complaint seeks to avoid the alleged security interest held by Alden in
the BBI shares for the benefit of the bankruptcy estate pursuant to the Trustee's strong arm
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The Bankruptcy Code provides a Chapter 7 bankruptcy trustee with the power to void
liens against property that are unperfected when the petition is filed and to preserve those liens
for the benefit of the bankruptcy estate.25 Once a lien is voided under 11 U.S.C. § 544, the lien is
automatically preserved for the benefit of the estate under § 551. Also, the Trustee may seek
recovery under § 550(a) which provides that to the extent a transfer is avoided under § 544, the
Trustee may recover the property transferred or the value of such property from the initial
The Trustee attempts to establish his standing to pursue this claim by arguing that his
power to avoid unperfected liens extends not only to property of the estate, but also to property
that once was, but no longer remains, property of the estate. According to the Trustee, § 544(a)
authorizes him to avoid transfers of property of the estate and transfers of property of the debtor.
The Trustee relies upon In re Colon, 27 which held that the Chapter 13 trustee's strong arm
powers extend to all of the debtors' property on the petition date, even if the property is later
removed from the estate through the exemption process, and In re Mollison, 28 which held that the
trustee's avoiding powers are not limited by the removal of property from the estate pursuant to
§ 362(h)(1). The Trustee's reliance on these cases is misplaced.
Colon was a Chapter 13 proceeding in which the debtors' confirmed plan specifically
retained for the trustee the right to avoid a residential mortgagee's lien. Under Kansas law, a
debtor's residence is, subject to certain limitations not applicable in Colon, fully exempt
25 In re Roser, 613 F.3d 1240, 1243 (10th Cir. 2010). See also 11 U.S.C. § 544(a) (trustee's avoidance
power) and § 551 (preservation of voided liens for the benefit of the bankruptcy estate).
26 See § 550(a)(1).
27 345 B.R. 723, 726 (Bankr. D. Kan. 2005).
28 463 B.R. 169, 188 (Bankr. D. Mass. 2012).
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regardless of value. The Kansas homestead is not an estate; it is a constitutional right
implemented as an exemption that is remedial in nature.29 Upon allowance of the homestead
exemption, the debtors' residence was no longer property of the bankruptcy estate.
In Colon, the order confirming the debtors' plan also provided that property of the
debtors' bankruptcy estate would revest in the debtors at the end of the case "after approval of
the Trustee's Final Report and Account by the Court."30 Judge Karlin observed that in a Chapter
13 bankruptcy when property revests in the debtor that the Chapter 13 trustee probably does not
have standing in a proceeding that does not benefit any of the creditors of the estate.31 Although
the effect of an allowed exemption is to remove the subject property from the bankruptcy estate,
this does not impair the trustee's, or for that matter the debtor's, ability to exercise avoidance
powers under the Bankruptcy Code.32 For example, by its very nature, a § 522(f) motion seeks
to avoid liens that impair a debtor's interest in exempt property.
Colon considers trustee avoidance rights preserved by a confirmed Chapter 13 plan with
respect to property of the debtors that was properly exempted. In contrast, the case sub judice
involves the abandonment of property under § 554, which entails a different process, result and
effect. Here, this Court no longer has subject matter jurisdiction over the abandoned property
and the Trustee is divested of all control or interest in the property because it is no longer
property of the bankruptcy estate. As noted, abandonment does not divest this Court of
jurisdiction to enforce the debtor's right to claim an exemption under § 522; again, one
29 See KS. CONST. art. 15, § 9, and KAN. STAT. ANN. § 60-2301 (2012).
30 Colon, 345 B.R. at 727.
31 Id. at 727, citing to 1 KEITH L. LUNDIN, CHAPTER 13 BANKRUPTCY § 60.1 at 60-4 (3d ed. 2004).
32 Id. at 726; Bennett v. Commercial Credit Plan (In re Bennett), 13 B.R. 643, 645 (Bankr. W.D. Mich.
1981); see also § 522(f) for an example of debtor's specific avoidance rights as to exempt property.
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encounters the distinction between property that is removed from the bankruptcy estate as
exempt and property which is abandoned from the bankruptcy estate under § 554.
The Trustee's reliance on In re Mollison is also misplaced. Mollison evaluates the effect
of § 362(h) (which was added as part of the 2005 amendments). Section 362(h) effects removal
of certain personal property from a debtor's bankruptcy estate sans notice with opportunity for
hearing and sans an evidentiary hearing. Section 362(h)(1) is limited and only applies "with
respect to personal property of the estate or of the debtor securing in whole or in part a claim, or
subject to an unexpired lease, and such personal property shall no longer be property of the
estate if the debtor fails to comply" with the applicable filing requirements of § 521(a)(2) and to
timely comply with such statement of intention.33
In some measure, § 362(h) is a partial codification of pre-2005 amendment law wherein
some courts held that the debtor's failure to comply with her statement of intention entitled the
secured creditor to seek by motion and to procure relief from the automatic stay as to the subject
property.34 Section 362(h) was added to the Code to provide teeth to enforce a debtor's
compliance with her statement of intention filed pursuant to § 521(a)(2); prior to the amendment,
the statutory mechanism for enforcement fell upon Chapter 7 trustees, who were generally
hesitant to insure a debtor's compliance.35 The 2005 amendments to § 521 "arguably did nothing
to change the result of earlier cases which held that a debtor could retain property subject to a
security interest if the debtor remained current on payments and other contract obligations.
33 3 COLLIER ON BANKRUPTCY ¶ 362.11 at 362-137 (Alan N. Resnick & Henry J. Sommer, eds., 16th ed.
See 1 HENRY J. SOMMER, ET AL., CONSUMER BANKRUPTCY LAW AND PRACTICE § 22.214.171.124 at 270-71
(10th ed. 2012).
35 See § 704(a)(3); please note that this section was not changed in the 2005 amendments and erroneously
refers to the pre-amendment section and not to the redesignated section 521(a)(2)(B).
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Those cases were based on the plain language of the Code, which in all material respects is
unchanged."36 The legislative history does not indicate that Congress intended to change the
pre-amendment law. "Indeed, because the provisions are limited to secured debts and leases
involving personal property, the 2005 amendments strengthen the argument that a debtor has a
right to continue payments on debts secured by real property and retain the property without
reaffirming."37 However, there is case law contrary to this interpretation.38
In contrast to §362(h), under § 554(a) it is the trustee who seeks abandonment of property
of the bankruptcy estate, and under § 554(b) a party-in-interest seeks such abandonment.
Abandonment under § 554(c) allows for a technical abandonment at the time of the closing of a
case, unless the court orders otherwise.39 It has been commented that removal of property from
the bankruptcy estate under § 362(h) may occur as early as 30 days after the date the petition is
filed if the debtor failed to comply with § 521(a)(2)(B). This deadline can predate both the
initial setting for a § 341 meeting and a trustee's meaningful inquiry as to the debtor's assets and
alleged encumbrances on these assets.40 Some courts have analogized the removal of property
from the estate under § 362(h)(1) to the abandonment of estate property under § 554.41
However, these are separate statutes with different functions and purposes. Ultimately, the
See 1 CONSUMER BANKRUPTCY LAW AND PRACTICE § 22.214.171.124 at 269.
37 Id.
38 Id., § 126.96.36.199 at 270, 271 and § 220.127.116.11 at 273.
39 Brendan Gage, Why Technical Abandonment is Far from Technical, AMERICAN BANKRUPTCY INSTITUTE
JOURNAL, July 2013, at 56.
40 The trustee has a short period of time under § 362(h)(2) within which to file a motion to avoid the effects
of § 362(h)(1). For contrasting views on §362(h) and its effects, see Wendell J. Sherk, Section 362(h) Deprives a
Trustee of Property of the Estate, AMERICAN BANKRUPTCY INSTITUTE JOURNAL, October 2011, at 42; and Neil C.
Gordon, Section 362(h) Does Not Deprive a Trustee of Standing to Avoid a Lien, AMERICAN BANKRUPTCY
INSTITUTE JOURNAL, December/January 2011, at 50.
41 See Mollison, 463 B.R. at 186, collecting cases.
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holding in Mollison is limited in that the court only concluded that the "Trustee's § 544(a)(1)
avoiding power is not limited by the removal of property from the estate pursuant to §
362(h)(1)."42 Mollison interprets § 362(h)(1), which is not applicable here. What is pertinent is
the abundance of case law that once a trustee abandons property under § 554, the bankruptcy
court no longer has jurisdiction over that property, and the trustee has neither control of the
property nor the right to employ avoidance powers relating thereto. The court in Mollison
acknowledges the ample case law that supports this notion: A "trustee's status as [a] hypothetical
lien creditor under § 544 attaches as of the commencement of the case and terminates when the
property is no longer property of the estate."43
In order to have standing to pursue this claim, the Trustee must show that, if successful,
the estate stands to benefit in some manner from the cause of action. In avoidance actions under
§ 544, Chapter 7 trustees seek to avoid unperfected—but otherwise valid—liens that are attached
to property of the debtor. "[U]pon avoidance of a lien, . . . the trustee 'steps into the shoes of the
former lienholder, with the same rights in collateralized property that the original lienholder
enjoyed.'"44 Unlike a typical avoidance action, Count III in the Complaint does not allege that
Alden holds a valid security interest that was not perfected, or was improperly perfected, on the
date of filing. Instead, the Trustee alleges that the purported lien never attached to the property at
Avoiding a valid, but unperfected, lien can provide benefit to the bankruptcy estate by
42 Mollison, 463 B.R. at 188.
43 Mollison, 469 B.R. at 187 n.19 (internal quotations omitted), citing, among other cases, Old West
Annuity & Life Ins. Co. v. The Apollo Group, 605 F.3d 856, 863 (11th Cir. 2010).
44 In re Trout, 609 F.3d 1106, 1110 (10th Cir. 2010) (quoting In re Haberman, 516 F.3d 1207, 1210 (10th
Cir. 2008)).
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allowing the Trustee to step into the shoes of the lienholder. However, a proceeding to show that
a lien never attached to property—and is, therefore, not only unperfected but also essentially
invalid and entirely worthless—is of no value to the estate when the property potentially tied to
the lien is not property of the estate. Because the property has been abandoned and now belongs
solely to Aaron, he would have standing to bring an action such as is found in Count III. Aaron
would benefit from a finding that the lien never attached to the property. Unfortunately for the
Trustee, the estate would not reap such a benefit and, therefore, lacks standing.
The Trustee Lacks Standing to Pursue Count IV of the Complaint Based
Upon the Court's Prior Rulings.
Count IV of the Complaint seeks turnover of BBI Certificates #136, 138 and 144. The
Trustee contends that Alden is in possession of these stock certificates and should be compelled
to turn them over pursuant to § 542(a). Under § 542, a bankruptcy trustee has the authority to
compel turnover of any property that the trustee may use, sell, or lease under § 363 of the
Bankruptcy Code. However, in this case the Court ordered the Trustee to abandon any interest
the estate has in the shares of BBI that are owned by Aaron. Once that property was abandoned,
it was no longer property of the estate and no longer fell within the reach of the Trustee under
§ 542(a).45 The Trustee lacks standing to bring an action against property which has been
abandoned by the estate, so Count IV must be dismissed.46
45 See Dewsnup, 908 F.2d at 590.
46 Although the Court has found that Count IV, as well as Count V which will be discussed herein, can be
dismissed based upon the Trustee's lack of standing, the Court notes that the claims may also be dismissed based
upon a failure to state a claim upon which relief can be granted under Fed. R. Civ. P. 12(b)(6), which is made
applicable in this adversary proceeding pursuant to Fed. R. Bankr. P. 7012(b), as well. The Trustee is seeking
turnover of property that is no longer property of the estate. Nothing in § 542 authorizes the Trustee to seek turnover
of property in which the estate no longer holds an interest. In addition, the Court understands that at least a portion
of the stock in question has now been sold by Aaron, rendering the Trustee's claim to turnover of that stock even
more remote.
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Count V of the Complaint Must Be Dismissed Based Upon the Court's Prior
In Count V of the Complaint, the Trustee seeks an order disallowing any claim asserted
by Alden, including Claim No. 10 already filed, pursuant to § 502(d). Under that section , the
Court is required to "disallow any claim of any entity from which property is recoverable under
section 542 . . . or that is a transferee of a transfer avoidable under section . . . 544 . . . , unless
such entity or transferee has paid the amount, or turned over such property, for which such entity
or transferee is liable under section 522(i), 542, 543, 550 or 553" of the Bankruptcy Code.
Count V is dependent upon the Trustee successfully prosecuting one of the other claims
in this action. Without successfully avoiding Alden's security interest in the BBI stock or
successfully obtaining an order requiring turnover of the BBI stock certificates, the Trustee has
no action against Alden to which § 502(d) would apply. Because the Court has found that Counts
III and IV, which seek to avoid Alden's security interest in the stock and seek turnover of the
stock certificates, should be dismissed based upon a lack of standing, the Court finds there is no
basis for allowing Count V to proceed.
For the reasons set forth previously, the Court finds that Defendant Alden Buerge's
Motion to Dismiss should be granted. Because the Trustee has been ordered to abandon any
interest the estate had in the shares of BBI stock owned by Debtor Aaron Buerge, the Trustee
does not have standing to avoid or otherwise attack the purported security interest held by Alden
in that property. Similarly, the Trustee does not have standing to seek turnover of the stock
certificates held by Alden because the estate no longer has an interest in the stock. Finally,
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because the Trustee was unsuccessful in avoiding the security interest held by Alden in the BBI
stock and was unsuccessful in seeking turnover of the stock certificates, there is no basis to
disallow Alden's claim under § 502(d). The Trustee waited until the last days of the two-year
statute of limitations under § 546 within which to bring his avoidance action. The Trustee filed
this adversary proceeding after unsuccessful litigation to sell the assets and after the Debtor's
successful litigation for an order directing the Trustee to abandon those assets under § 554. The
ship has sailed with regard to the Trustee's administration of these assets, and this adversary
proceeding seems an unsuccessful attempt to circumvent this Court's prior rulings.
IT IS, THEREFORE, BY THE COURT ORDERED that Defendant Alden Buerge's
Motion to Dismiss is granted. Judgment will be entered in favor of the Defendant on all counts.
The foregoing constitute Findings of Fact and Conclusions of Law under Rules 7052 and
9014(c) of the Federal Rules of Bankruptcy Procedure which make Rule 52(a) of the Federal
Rules of Civil Procedure applicable to this matter. The judgment based on this ruling stated
above will become effective when it is entered on the docket for this case, as provided by
Federal Rule of Bankruptcy Procedure 9021.
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text:
Useful Links
Centre for Development and Environment, University of Bern
- Date submitted: 1 Nov 2011
- Stakeholder type: Major Group
- Name: Centre for Development and Environment, University of Bern
- Submission Document: Download
Full SubmissionMountains Matter for Global Sustainable Development Submission to the Rio 2012 Secretariat for the ?Compilation Document? by Dr. Thomas Kohler on behalf of the Centre for Development and Environment CDE (University of Bern, Switzerland) Water supply, food security and clean energy are likely to become the major challenges of humanity on Earth in the near future. A sustainable development of the world will require efforts to address critical shortcomings of these challenges. This understanding leads the Centre for Development and Environment (CDE) to make the following proposals for the ?Compilation Document? that will lead to the ?Zero Draft? of the Rio 2012 ?Outcome Document?: Expectations CDE expects that the critical role and stakes of mountain ecosystems and mountain communities are adequately reflected in all documents and future sustainable development (SD) promoting structures emerging from the Rio 2012 Conference thus recognizing that half of the world?s population depends on water from mountain regions and that many mountain endemic plant and animal species may become of vital importance for food security on earth. Comments on existing proposals a) Green economy (GE) Roadmap:Mountains provide through their low-input and environmentally friendly traditional agriculture and their hydro power potential a promising field for GE. This should be reflected in appropriate manner in the forthcoming content and structural proposals of Rio 2012. b) Framework for Action: In order to give more weight to the role of mountain ecosystems in future SD efforts, the so-far marginalized and neglected mountain areas and mountain inhabitants need to be explicitly addressed as an asset for achieving SD. c) Sustainable Development Goals:Specific targets addressing mountain regions with their critical ecosystem services and their strong socio-cultural identities need to be defined and included. d) Partnership for Sustainable Development: New pathways and adequate incentives need to be explored to attract private investment in mountain areas based on fair access and benefit sharing. Pathways for closing the implementation gap To our understanding the active involvement of local actors as custodians of natural resources has failed. We thus propose to establish innovative multi-level multi-stakeholder platforms that can enhance dialogue, help exchange experiences and act as ?market place? where demands, offers and ideas meet. Proposal for a specific cooperation mechanism In the light of the above stated, efforts are under way to launch the ?World Mountain Forum for Sustainable Development? as a permanent platform with a peak event linked to the UN International Mountain Day (11 December). This endeavor shall be undertaken through a novel Public Private Partnership (PPP).CDE expects that through such an initiative the relationship between mountain people and lowland inhabitants can be improved and strengthened to jointly achieve a SD on Earth. The official launch could take place during the Rio 2012 Conference in cooperation with the Mountain Partnership hosted by FAO. Objectives of the Conference / sectoral priorities Given the high vulnerability of mountain ecosystems with regard to the negative impact of Climate Change (glacier melting, hazard impacts, changes in river flow) and their critical role as water towers of the world we strongly recommend to include explicit links to mountain systems for the expected sectoral priorities such as in particular water, energy, food security, agriculture, natural disasters and their prevention, biodiversity as well as possibly conflicts. As such, mountain ecosystems provide an ideal context to integrate sectoral initiatives with the three pillars of SD in a comprehensive approach. Green economy as a pathway for SD In mountain regions ? probably more than anywhere else - it clearly appears that the environment is the biggest market(-ing) failure so far. The appropriate valuation of the environmental goods and services is thus one first step to reduce this failure and create markets where needed and meaningful. Hence we consider that in the context of mountains, GE has the potential to promote ?Sustainable Mountain Development? e.g. by promoting the principle of ?Payment for Ecosystem Goods and Services? that are of ?green nature? in the case of mountain areas. Furthermore most mountainous agricultural production systems are already ?green? and would need a corresponding recognition and support to be kept alive in future given the negative impacts of Global Change and migration. Institutional framework for SD Mountain dwellers are often living under very harsh conditions due to local climate and remoteness.However, while their traditional way of living is considered as ?backward?, it has proven to be much more sustainable than most urban livelihoods and lifestyles. . We urge decision makers to adopt a different attitude towards mountain communities and recognize their socio-cultural, spiritual and esthetic values. We thus recommendto include these aspects in the future institutional frameworks and at all levels. Moreover, the traditional institutions - such as e.g. the maintenance work for irrigation systems - that shape the life of mountain people, may well serve as examples or even models for lowland areas to move towards SD. Reference The above input is based on the following reference document: Draft Synthesis Report on Progress and Perspectives in Sustainable Mountain Develop-ment: From Rio 1992 to Rio 2012 and beyond. Draft prepared for the ?Lucerne World Mountain Conference? 10-12 October 2011. Prepared by Daniel Maselli, Thomas Kohler , Clara Ariza Ni�o, and Greg Greenwood based on material provided by the regional reports and other sources. Revised version 1 November 2011


text: When I come back from being out for awhile I always respond or at least read every thread that has been posted in since because there might be good stuff in it or at least something to respond to. Right now I just know it's not worth it. All these threads are shit.


text:
Cross Country at NCAA West Region Championships
The Sun Devil cross country teams competed in the NCAA West Region Championships Saturday in Portland, Ore.
Arizona State: Just missed her second All-America honor in cross country after placing 47th overall... earned her first honor in 2007 after finishing 42nd at the NCAA Cross Country Championships... ranks fifth all-time at ASU in the 10,000m run (34:04.70), ninth all-time in the outdoor 5,000m run (16:17.04) and fifth in both the indoor 3,000m run (9:28.02) and the indoor 5,000m run (16:14.67)... 2009 Outdoor: Posted the fifth-best time in school history in the 10,000m run with her time of 33:56.97 at the Stanford Invitational... competed in the same event at the NCAA Championships, but did not finish... ran a personal-best time of 4:29.89 in the 1500m run to take third at the Double Dua.... earned three academic honors, including ESPN The Magazine Academic All-District VIII First Team, USTFCCCA All-Academic and Honorable Mention Academic All-Pac-10... 2009 Indoor: Provisionally qualified for the 5000m run twice on the year... ran a season-best 16:25.96 to finish third at the MPSF Championships... selected Academic All-MPSF... 2008 XC: Missed out on All-America honors by seven places by finishing 47th at the NCAA Championships... earned all-region honors by finishing 21st overall in the West and was an All-Pac-10 Second Team honoree with her 10th-place finish at the conference race... was the team's top finisher in a pair of races, including the Dave Murray Invitational where she won her first collegiate race... also was the top finisher at the NCAA Pre-National Meet with her 11th-place showing... recorded four Top 20 finishes on the season, including three in the Top 10... earned Second Team Academic All-Pac-10 honors... 2008 Outdoor: Scored twice at the Pac-10 Championships, taking runner-up honors in the 10,000m run before placing fourth in the 5,000m run... placed 17th at the NCAA Championships in the 10,000m run... qualified for the national meet by running a personal best and the fifth-fastest time in ASU history (34:04.70)... regionally qualified in the 5,000m run at 16:17.04 while placing fifth at the Cardinal Invitational... earned ESPN The Magazine Academic All-District VIII Second Team honors... also selected for USTFCCCA All-Academic and Academic All-Pac-10 Second Team accolades... 2008 Indoor: Competed in two races, both at 5,000m... provisionally qualified for the NCAA Championships at 16:40.91... finished fifth at the MPSF Championships... 2007 XC: Garnered her first All-America accolade after finishing 42nd at the NCAA Championships and leading the team to a fourth-place finish... earned All-Pac-10 First Team honors by finishing seventh at the conference meet... also garnered all-region honors by finishing 11th at the NCAA West Region Championships... selected as the team's Coaches Award recipient... finished third at the Dave Murray Invitational to help ASU to team title... finished 15th at the Roy Griak Invitational and 32nd at the NCAA Pre-National meet, helping ASU to runner-up finishes in both meets... named to the USTFCCCA All-Academic and Academic All-Pac-10 Second teams... 2007 Outdoor: Scored in a pair of events at the Pac-10 Championships... placed third in the 10,000m run and fourth in the 5,000m event... placed fifth at the NCAA West Region in the 5,000m run to qualify for the NCAA meet... placed 23rd in the event at the national meet... scored at the Double Dual by finishing third in the 1,500m run... selected for USTFCCCA All-Academic and Honorable Mention Academic All-Pac-10 honors... 2007 Indoor: Qualified and competed in the NCAA Championships... placed 16th in the 5,000m run at the national meet... scored in the 3,000m run at the MPSF Championships by placing fourth... took fifth at the Husky Classic in the 3,000m run with the fifth-fastest time in school history (9:28.02)... also ranks fifth on the 5,000m run list after clocking 16:14.67 at the Washington Last Chance meet... earned Academic All-MPSF distinction... 2006 XC: One of three freshmen to help the team return to the NCAA Championships... was the top freshman finisher at the Pac-10 Championships, placing 13th overall... her finish earned her Pac-10 Newcomer of the Year honors as well as a place on the All-Pac-10 Second Team... earned All-Region accolades by finishing 21st at the West Region meet... earned Academic All-Pac-10 Honorable Mention accolades... 2006 Track: Redshirted... 2005 XC: Ran unattached in three races, finishing fifth twice and sixth once... took fifth at the ASU Invitational and the Canyon West Classics... sixth at the Dave Murray Invitational... voted as the teams' Newcomer of the Year.
High School: A 2005 graduate of West Torrance High School (Torrance, Calif.)... closed out her prep career with two school records and several honors earned in 2005... holds the WTHS marks on the track in the 1,600m (4:56) and 3,200m (10:48) runs... earned All-America honors by helping her distance medley relay teammates to a fifth-place finish... added all-area honors in both cross country and track and field in 2005... lettered four times in track and field, three times in cross country and once in soccer... captained both running teams twice in her career... current Sun Devil Angela Spadafino was Kielty's teammate at WTHS.
Personal: Major is kinesiology... parents are Phil and Donna Kielty... has one sister, Lauren... born December 29, 1986, in Torrance, Calif.
Personal Bests 1500: 4:29.89 3000: 9:28.02 5000: 16:14.67 10000: 33:56.97
In NCAA Championship Meets
2009 OTF 10,000m (f) dnf --
2008 XC 6,000m Course 20:46.10 47th
2008 OTF 10,000m (f) 35:27.68 17th
2007 XC 6,000m Course 21:08.00 * 42nd
2007 OTF 5,000m (p) 16:37.14 23rd
2007 ITF 5,000m (f) 17:58.83 16th
2006 XC 6,000m Course 21:51.30 68th
* Indicates All-America honors attained


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