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Following months of turbulence at Equality Maryland, from board member resignations to the departure of the organization's executive director in April, the organization announced today that it is taking one of its planned steps to help stabilize and reinvigorate the group.
Equality Maryland announced it is accepting applications through July 31 for volunteers to join the organization's board of directors. According to a press release issued July 15, Sen. Rich Madaleno (D-Montgomery) and Erin Leveton, a past Equality Maryland board president and former senior managing attorney at Whitman-Walker Health, will chair the Nominations Committee for the search process. Patrick Wojahn, chair of the Equality Maryland Foundation board, will serve as the liaison with the current board of directors.
"Increasing the board of Equality Maryland is a critical step towards further stabilizing this organization," Wojahn says in the release. "The people on this committee bring a fresh perspective and a variety of backgrounds to the selection process. I'm confident that their leadership will ensure Equality Maryland brings on highly qualified new board members to help govern the organization."
Other members of the committee are: Lori Hollander, Kathleen Darden, Del. Mary Washington (D-Baltimore City), MaryAnne Arnow, Mike Meller and Marvin Masterson.
Part of the organization's six-months strategic plan to stabilize the operations, today's news followed the organization's April vote to remove its executive director and later announcement that the organization was in the midst of a financial crisis.
Equality Maryland is asking for people who have experience in "nonprofit governance, fundraising, public relations, political advocacy, personnel management and financial management." From the press release:
Diversity of experience, opinion, background, geography and engagement will be considered and valued when developing the final slate of candidates. All first year board members must commit to attending meetings in Baltimore every two to three months, making a personally significant financial contribution to the organization, and with the support of board colleagues and staff, securing $3,000 through solicitation of others or personal giving.
To apply for consideration by the committee, interested parties should read the Board Expectations document and submit a completed Board Application, including a resume and three references. Questions and completed application packets may be directed to email@example.com.
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subset: commoncrawl


text:
Moon Over Manifest
by Clare Vanderpool
Moon Over Manifest Society and Class Quotes
How we cite our quotes: (Chapter.Paragraph)
Quote #1
"Around here, whoever owns the mine pretty much owns the town. Everybody has to come crawling to him, his mine, his company store. And believe me, with his wages and his prices, he makes sure you stay on your knees." (9.36)
Ugh. Talk about downtrodden. Devin is able to really keep these people low on the totem poll. Why do you think they haven't fought back yet?
Quote #2
"That's not fair," Jinx said. "There's lots of folks who could fill in for Weintraub. Why does he want you so bad?"
"I've beaten Devlin's son too many times at track meets."
"So what? His son has everything else going for him. Money, privilege, family name."
"Yeah, and that kind of person doesn't like to get beat by a person of questionable background." Ned's voice shook with emotion. (13.37-40)
Do you think that Arthur Devlin actually tells his son to be horrible to Ned, or has Lance just learned the behavior by watching his dad?
Quote #3
I had a hard time imagining the two in the same town, let alone in the same room in the Divining Parlor. (20.25)
Hmmm. A nun is almost the only person in town who is friends with Miss Sadie. Is it her religion? The fact that she's a teacher? The fact that she's a midwife? Or something totally different?


text:
[Washington, DC] -- Foreign Minister Prince Saud Al-Faisal has announced King Fahd's approval for the establishment of an
independent human rights committee in Saudi Arabia.
Prince Saud told a press conference in Riyadh on Tuesday that the committee is in the final stages of its formation. Its mandate will be to implement the rights enshrined in the Kingdom's Basic Law of Governance, and to ensure that human rights are protected. The committee will have administrative, legal and financial independence to ensure that it can effectively conduct its mission to protect and promote human rights in the Kingdom.
Prince Saud added that the idea for the establishment of an independent, non-governmental human rights committee in Saudi Arabia came from Saudi citizens, and that it is part of the reform measures the Kingdom is implementing to promote the welfare of its citizens in all areas.


text:
Register with us or sign in
From 1 ratings
Plant type
Tender perennial
Dramatic foliage
Half hardy
Skill level
Solenostemons are grown for their colourful foliage, and are frequently grown as house plants, or as annual bedding outdoors. The foliage is often variegated or with distinct markings, in striking colours. The flowers are insignificant and are typical of those in the mint family. Solenostemon 'Olympic Torch' produces red leaves with green margins.
Family: Lamiaceae
Genus: Solenostemon
Cultivar: Olympic Torch
Plant type: Tender perennial
Foliage colour: Golden variegation
Feature: Dramatic foliage
Sun exposure: Full sun, Partial shade
Soil: Well-drained/light
Hardiness: Half hardy
Skill level: Beginner
Height: 40cm
Spread: 40cm
I have a lovely coleus, but it has a large mauve flower at the top,do I cut it off or let it grown on ??


text:
WATCH: Did Katy Perry plagiarise a Christian rapper to make her hit Dark Horse?
Katy Perry is being sued by Christian rapper Flame who has accused her of plagiarising his song Joyful Noise and tarnishing it with black magic.
The rapper and his co-contributors have launched the lawsuit against the pop star and her collaborator Juicy-J and associated writers, seeking profits and statutory damages.
The video clip for Dark Horse was accusing of sullying the Joyful Noise track because of its "devoutly religious messages with images of witchcraft and black magic."
The accusations stem beyond the visual imagery, with Joyful Noise producer Cho'zyn Boy saying Perry has copied Flame's hit by merely slowing down the tempo of her track and pitching it an octave above his. In his opinion the two songs are "essentially the same."
Given the infinite amount of music which exists worldwide, you may argue that eventually a musician will write something which is seen to mimic another artist. However, with this particular case, the song in question isn't a just a one-hit wonder, it's lifted from Flame's 2008 Grammy-nominated album Our World Redeemed which may present more of a problem for Perry.
The video for Dark Horse has so far had amassed 440 million views on YouTube with the single selling over six million copies.
These are the two tracks. Co-incidence or plagiarism? You be the judge
Flame's Joyful Noise
Katy Perry's Dark Horse
- TOPICS: Dark Horse, Flame, Katy Perry, Lawsuit, music, pop
- CATEGORIES: News + Politics


text:
Kick off this weekend with the Big Woody barrel-aged beer festival at the Left Bank Annex in Portland. The inspiration for this festival came from the Little Woody beer festival in Bend, which has drawn thousands of craft-beer lovers to Central Oregon for the past five years.
On January 17th and 18th, breweries from throughout the Northeast will showcase their products for attendees to sample and experts to judge. Among the Northwest breweries participating in this event include Portland's Hopworks Urban Brewery, Deschutes Brewery from Bend, Colorado's New Belgium Brewing, Lagunitas from Petaluma and Elysian from Seattle. As the Big Woody is a sanctioned Beer Judge Certification Program (BJCP) each brewery's beers will be judged by BJCP certified experts.
In addition, participants can enjoy a tasting of small-batch American bourbon, rye and single-malt whiskeys, including Burnside Bourbon, Crater Lake Rye Whiskey, McCarthy's single malt, and Blanton's Original. Also, some of Portland's favorite food carts will be around to supply the beer-paired dishes.
The festival will take place on Friday, January 17th and Saturday, January 18th from 4pm to 11pm. Entry to the festival is $40 and includes 20 tasting tokens and a commemorative snifter glass. Designated Driver tickets are available at a cost of $20.00 and includes a meal voucher and non-alcoholic drinks. No one under 21 will be admitted. Get your tickets in advance as this even is projected to sell out.
For additional information log on to www.woodybeer.com.


text:
Judge Karlin
08-40935 Miller (Doc. # 46)
- Details
- Category: Judge Karlin
- Published: 10 December 2008
- Written by Judge Karlin
In Re Miller, 08-40935 (Bankr. D. Kan. Dec. 3, 2008) Doc. # 46
Click here for the pdf document.
Case: 08-40935 Doc #: 46 Filed: 12/02/2008
SIGNED this 02 day of December, 2008.
Page 1 of 17
In re: )
SHANNON RILEY MILLER and )
ANASTASIA CHRISTINE MILLER, ) Case No. 08-40935
) Chapter 13
Debtors. )
This matter is before the Court on Creditor Ford Motor Credit Company, LLC's
Objection to Confirmation of Debtors' Plan.1 Ford Motor Credit Company, LLC ("FMCC")
has objected to the Chapter 13 plan on the basis that it fails to pay the full amount of FMCC's
1Doc. 26.
Case: 08-40935 Doc #: 46 Filed: 12/02/2008 Page 2 of 17
secured claim pursuant to the hanging paragraph in 11 U.S.C. § 1325.2 The issue in this case
is whether the negative equity in Debtors' trade-in, the service contract, the GAP insurance
policy, and certain administrative fees that were included in the financing of the new vehicle
by FMCC should be considered part of FMCC's purchase money security interest.
The parties waived the opportunity to present evidence at trial in favor of filing a Joint
Stipulation of Facts,3 which the Court adopts. The Court has jurisdiction to decide this
matter,4 and it is a core proceeding.5
On April 10, 2007, Debtors purchased a 2007 Ford Fusion and entered into a retail
installment contract with FMCC to finance the purchase. The cash price for the vehicle was
$19,700.00, with license, title and registration fees of $5.00, taxes of $597.86, administrative
fees of $249.95, a service contract for $1,075.00, and a GAP insurance policy for $595.00.
In addition to financing those costs, FMCC loaned $5,668.18 so that Debtors could pay off
the amount still owed on the vehicle they were trading in. This resulted in a total loan of
2This case was filed after October 17, 2005, when most provisions of the Bankruptcy Abuse Prevention and
Consumer Protection Act of 2005 (BAPCPA) became effective. All future statutory references are thus to BAPCPA 11
U.S.C. §§ 101 - 1532 (2005), unless otherwise specifically noted.
3Doc. 36.
528 U.S.C. § 157(b)(2)(L).
Case: 08-40935 Doc #: 46 Filed: 12/02/2008 Page 3 of 17
A little over two years later, on July 9, 2008, Debtors filed their Chapter 13 petition.
On that date, Debtors still owed $23,684.99 on the FMCC note.6 Debtors' Chapter 13 Plan
(and amended plan) provided that "[t]his is a 'negative equity' loan with $18,668 paid off on
a vehicle traded-in. Claim to be paid $15,900 as secured and balance as unsecured claim."
FMCC objected to Debtors' amended plan, claiming that because the vehicle was
purchased within 910 days of filing, Debtors were required to pay the full contract balance
pursuant to the hanging paragraph in § 1325(a).7 Although not specifically raised in the plan
or FMCC's objection, the parties' stipulation of facts and their briefs indicate that in addition
to the negative equity financed by FMCC, Debtors also now contest that the service contract,
the GAP policy, and the administrative fees are part of FMCC's purchase money claim.
Conversely, FMCC contends those items should be considered part of its purchase money
security interest, subject to the protections contained the hanging paragraph at the end of §
Before the enactment of the BAPCPA, secured creditors' claims could be bifurcated
into secured and unsecured portions, based on the value of the collateral securing the debt.
The accepted vernacular for such bifurcated claims was that the claim was "crammed-down"
to the value of the collateral, and the secured value was the amount required to be paid over
6Although the bar date was November 12, 2008, it appears FMCC failed to file a Proof of Claim. Accordingly,
these numbers are strictly from the parties' stipulations.
7Although FMCC does not specifically claim that the vehicle was for Debtors' personal use, which is also a
requirement for the applicability of the hanging paragraph, Debtors have not contested this element of FMCC's 910 car
loan claim.
Case: 08-40935 Doc #: 46 Filed: 12/02/2008 Page 4 of 17
the life of the Chapter 13 plan, with interest at the rate mandated by the Supreme Court's
decision in Till. v. SCS Credit Corp.8
BAPCPA opted to provide more favorable treatment to creditors who loaned money
for a debtor to purchase a motor vehicle, for personal use, within 910 days preceding the
filing date. It did so by inserting an unnumbered paragraph at the end of 11 U.S.C. §
1325(a)(9), which most courts call the "hanging paragraph." The hanging paragraph, which
is sometimes cited as § 1325(a)(*) in judicial opinions, states, in pertinent part, as follows:
For purposes of paragraph (5), section 506 shall not apply to a claim described in that
paragraph if the creditor has a purchase money security interest securing the debt
that is the subject of the claim, the debt was incurred within the 910-day [sic]
preceding the date of the filing of the petition, and the collateral for that debt consists
of a motor vehicle (as defined in Section 30102 of title 49) acquired for the personal
use of the debtor...."9
Subsection 506(a)(1) is the applicable subsection of § 506, and it provides that "[a]n allowed
claim of a creditor secured by a lien on property in which the estate has an interest . . . is a
secured claim to the extent of the value of such creditor's interest in the estate's interest in
such property . . . ."
Accordingly, the language contained within the hanging paragraph makes the value
of the collateral irrelevant in determining the allowed amount of a claim secured by a
purchase money security interest ("PMSI") in a vehicle acquired for the personal use of the
debtor within 910 days of the bankruptcy filing. And unless the amount of the claim is
8541 U.S. 465, 484-85 (2004) (adopting formula approach, requiring adjustment of prime national interest rate
based on risk of nonpayment).
9Emphasis added.
Case: 08-40935 Doc #: 46 Filed: 12/02/2008 Page 5 of 17
subject to reduction for reasons other than collateral value, the creditor's allowed secured
claim is fixed at the amount of the underlying debt under nonbankruptcy law. For secured
claims that are not within the confines of the hanging paragraph, § 506(a)(1) still governs,
and Chapter 13 plans can cram down those secured claims to the value of the collateral.
As a result, this Court cannot confirm a plan that attempts to cram down the claim of
a creditor that extended credit to a debtor for the purpose of purchasing a vehicle for a
debtor's personal use when that purchase occurred within two and one-half years of the date
of filing. Here, Debtors argue they are not cramming down that part of FMCC's claim that
is represented by the purchase price of the vehicle purchased within 910 days. Instead, they
claim they are only cramming down the portions of FMCC's claim that are non-purchase
money, i.e., which were based upon paying off the remaining debt on Debtors' trade-in
vehicle, and purchasing a service contract, GAP insurance and for administrative fees.
Conversely, FMCC argues that the entire amount it loaned constitutes a purchase money
obligation, that the Code permits no portion of its claim to be crammed down, and because
the plan does so, it cannot be confirmed.
FMCC's legal argument on these issues is cursory, at best, relying exclusively on In
re Gibson10 for the proposition that these additional charges constitute part of the purchase
money, as that phrase is used in the Uniform Commercial Code. Gibson, which was decided
27 years ago, and long before the issue was statutorily settled in 2001, dealt with the issue
1016 B.R. 257 (Bankr. D. Kan. 1981).
Case: 08-40935 Doc #: 46 Filed: 12/02/2008 Page 6 of 17
of whether a purported purchase money security interest lost that status when non-purchase
money obligations were added to the underlying note. Judge Pusateri correctly held that the
creditor's claim was not transformed into a non-purchase money interest as a result of non-
purchase money amounts, but that the creditor's claim could attain a dual status, where a
portion of the security interest held purchase money status, and the remainder was considered
non-purchase money. This Court has recently confirmed the application of the dual status
rule, rather than the transformation rule, in Kansas in In re Vega.11
The Court disagrees with FMCC's claim that "it is clear and straightforward that
Kansas law includes the objected to items as being included in the definition of 'purchase
money'" or that the "United States Bankruptcy Court for the District of Kansas, in the
Gibson case has so ruled." Gibson did not involve a determination of whether the specific
items at issue in this case had a sufficiently close nexus to the purchase of the vehicle to be
considered purchase money obligations. Gibson dealt with the issue of the effect unrelated
charges would have on the purchase money obligation. Gibson is clearly distinguishable and
of little use in deciding the issues before this Court. Instead, because there is no Kansas case
law determining whether the disputed items constitute purchase money, the Court will rely
on the rapidly growing and very recent body of law from around the country that deals
11344 B.R. 616, 623 n.29 (Bankr. D. Kan. 2006) (noting that because the Kansas legislature statutorily rejected
certain parts of Article 9 adopted by the National Conference of Commissioners on Uniform State Laws (NCCUSL) in
amending K.S.A. 84-9-103 in 2001, a "creditor's purchase money status is not lost merely because of a refinancing or
infusion of new proceeds. Thus a security interest in goods is a PMSI to the extent that the goods are purchase-money
collateral, and non-PMSI as to the remainder.").
Case: 08-40935 Doc #: 46 Filed: 12/02/2008 Page 7 of 17
directly with the issue before the Court, none of which FMCC chose to cite, or attempt to
This Court recently addressed the issue of whether the payoff of negative equity,
rolled into the financing of the cash price of an automobile, constitutes purchase money, in
In re Padgett.12 Although Padgett dealt only with one of the specific issues that is present
in this case—the inclusion of negative equity in a purchase money obligation—the Court's
reasoning and analysis is equally applicable to other types of obligations, as well, including
GAP coverage, service contracts and administrative fees. The Court adopts its analysis from
In re Padgett in this opinion, and will not reiterate it here.
A. Negative Equity
The Court has held on two separate occasions that the money loaned to repay the note
on the borrower's trade-in vehicle is not a purchase money obligation, but merely payment
of an antecedent debt. Therefore, that portion of the lender's claim is not subject to the
protections of § 1325(a)(*)13 and may be crammed down. The Court reaffirms its holding
in In re Padgett, that "the negative equity payoff obligation is not necessary to the
transaction, is not of the same type or magnitude as the other items listed in Official
12389 B.R. 203 (Bankr. D. Kan. 2008).
13In re Padgett, 389 B.R. 203 and In re Vega, 344 B.R. 616 (Bankr. D. Kan. 2006).
Case: 08-40935 Doc #: 46 Filed: 12/02/2008 Page 8 of 17
Comment 3, and there is an insufficiently close nexus between retiring the antecedent debt
on the trade-in vehicle and acquiring a new vehicle to constitute purchase money."14
Although this issue is currently on appeal to the Tenth Circuit Court of Appeals, there
is no binding precedent to the contrary on this issue, and FMCC has presented no persuasive
arguments to cause the Court to reach a different conclusion. Therefore, the Court finds that
the portion of FMCC's claim that arises out of the negative equity of the vehicle Debtors
traded in does not constitute a purchase money interest, and is not entitled to the protections
afforded under § 1325(*) (the hanging paragraph).
B. GAP Agreement
This Court has not yet addressed whether GAP insurance is properly included in a
purchase money security interest. GAP coverage is intended to retire any deficiency that
might exist if a borrower damages his vehicle, and his liability insurance coverage is
insufficient to cover the amount remaining due on the note (which will often be the case
when the loan contains negative equity). In other words, if the vehicle is destroyed, the GAP
coverage eliminates the debt so the borrower is not personally liable for the remaining note
balance. According to Debtors' brief, the GAP Agreement expressly provides that it is
14See, e.g., In re Sanders, 377 B.R. 836, 853-55 (Bankr. W.D. Tex. 2007) (finding that the creditor's argument
that the debtor would not have been able to buy the car unless the lender had taken the upside-down vehicle in trade and
paid off the negative equity, thus enabling the debtor to "acquire rights in the collateral" proves too much. "By this logic,
were the dealer prepared to pay off some of the debtor's credit card debt to help the debtor qualify for the car loan, that
too, following [creditor's] logic, would be 'value given to enable the debtor to acquire rights in the vehicle,' as the debtor
could be said not to be able to obtain the financing necessary to buy the vehicle unless other debt was first paid down.
One needs only a few imaginative moments to think of other examples so far afield that even [creditor] would have to
eventually admit that the formulation would effectively drain "purchase money" of any valid meaning.") (emphasis
Case: 08-40935 Doc #: 46 Filed: 12/02/2008 Page 9 of 17
optional, it has no bearing on the extension of credit, the terms of the credit, nor the terms
of the sale of the vehicle, and that it can be cancelled at any time prior to a total loss on the
The Court finds the analysis in GMAC v. Horne16 persuasive on this issue and adopts
that Court's reasoning, as follows:
Neither GAP insurance nor disability insurance can be fit within the plain,
accepted meaning of the price paid for (or asked for) the collateral. Nor does
Official Comment 3 support such a construction. However, both are
obligations for expenses that, in a general way, were incurred in connection
with acquiring rights in the collateral. And, both are part of the overall
transaction by which the vehicle was purchased. However, neither is
inextricably intertwined with the "value given to enable" in the same way that
negative equity financing is intertwined. Indeed, nothing in the record
suggests that those obligations enabled the debtor to acquire rights in, or the
use of, the collateral. Instead, those obligations are attached to components of
the sale price that are quite unrelated to the acquisition of the collateral.
Therefore, the obligations for such expenses do not possess the requisite close
nexus with the collateral and thus cannot qualify as value given to enable.17
15Neither party submitted a copy of the GAP policy to the Court, and the stipulations do not address Debtors'
contentions about the general nature of the coverage. However, when FMCC filed its 2-page response to Debtors' brief,
it did not dispute that Debtors had properly quoted from the policy. The Court will accept the statements as accurate,
but will allow FMCC 10 days from the date of this order to submit a motion for reconsideration if this, or substantially
similar language, is not contained in the GAP policy.
16GMAC v. Horne, 390 B.R. 191, 205-206 (E.D. Va. 2008). See also In re Mancini, 390 B.R. 796, 805-806
(Bankr. M.D. Pa. 2008) (holding that GAP insurance is not the type of charge that should be considered a part of the
purchase money security interest); Wells Fargo Fin. North Carolina 1, Inc. v. Price, 2007 WL 5297071, *3 (E.D.N.C.
2007) (holding that GAP insurance is not part of a purchase money obligation); In re Honcoop, 377 B.R. 719, 723
(Bankr. M.D. Fla. 2007); and In re White, 352 B.R. 633, 639 (Bankr. E.D. La. 2006). But see In re Macon, 376 B.R.
778, 782-83 (Bankr. D.S.C. 2007) (finding there was a sufficient nexus between GAP insurance and the purchase of the
vehicle to bring the GAP insurance within the confines of a purchase money security interest).
17GMAC v. Horne, 390 B.R. at 205-206.
Case: 08-40935 Doc #: 46 Filed: 12/02/2008 Page 10 of 17
This Court similarly holds that the funds that FMCC advanced for the purchase of the GAP
policy are not of the type that can be included in its purchase money security interest in
Debtors' automobile.
The obligation arising out of the purchase of the GAP policy was expressly not
necessary to nor required by the transaction, it is not of the same type or magnitude as the
other items listed in Official Comment 3, and there is an insufficiently close nexus between
acquiring the GAP policy and acquiring a new vehicle to have it constitute purchase money.
That said, FMCC does hold a security interest as to those advanced funds, secured by
Debtors' car, but the security interest is not a purchase money security interest and is thus
not subject to the BAPCPA anti-cramdown protections of the hanging paragraph.
C. Service Contract
The next issue is whether the funds advanced by FMCC for Debtors to acquire a
service contract, or extended warranty, constitute purchase money. Debtors attached a copy
of the first page of the service contract to their brief, and it clearly shows that the service
contract "is not required in order to purchase, register or obtain financing for this vehicle."18
The service contract was not included in the actual sales price of the automobile, and was
instead an optional item Debtors chose to purchase, and FMCC agreed to finance, to provide
protection to Debtors in the event the vehicle needed mechanical repairs after the factory
warranty expired. For the same reasons articulated above regarding the GAP policy, the
18Again, the parties' stipulation is silent on the contents of the service contract. FMCC is similarly encouraged
to file a motion to reconsider if the attached service contract is inaccurate.
Case: 08-40935 Doc #: 46 Filed: 12/02/2008 Page 11 of 17
service contract also does not fit within the type of item that falls within a purchase money
obligation, as enumerated in the Official Comment to the Kansas Uniform Code.19
This Court acknowledges that several courts have recently held that service contracts
should be included in a creditors' purchase money security interest. These courts have
primarily relied upon the fact that the service contract enhances the value of the vehicle, and
continues with the vehicle, similar to other options such as window tinting or undercoating.20
But here, there is simply no evidence in this record upon which the Court could make such
a finding. The stipulations, briefs by the parties, and the one page of the service contract
provided all fail to indicate whether the service contract is transferable if the car is sold to
a new owner, whether it increases the value of the car, etc. Although the Court could
potentially be persuaded by the reasoning of those courts that have included the service
contract in the creditor's purchase money security interest, neither the facts provided, nor the
legal arguments raised by FMCC, are sufficient to do so in this case.21
19See In re Lavigne, 2007 WL 3469454, *12 (Bankr. E.D. Va. 2007) (holding that extended service contracts
are executory in nature and the creditors do not have a purchase money security interest in them.), aff'd in part, rev'd
in part and remanded by GMAC v. Horne, 390 B.R. 191 (E.D. Va. 2008); and In re Mellors,372 B.R. 763, 766 (Bankr.
W.D. Pa. 2007) (holding that the portion of the loan proceeds advanced by creditor to finance a service contract on the
vehicle did not constitute purchase money, but "merely a garden-variety lien.").
20See, e.g. In re Macon, 376 B.R. at 778 (holding that service contracts are part of the purchase money security
interest); In re Pajot, 371 B.R. 139, 155 (Bankr. E.D. Va. 2007) rev'd on other grounds GMAC v. Horne, 390 B.R. 191
(E.D. Va. 2007) (including a service contract, but excluding GAP insurance in a purchase money security interest); and
In re Munzberg, 388 B.R. 529, 543-44 (Bankr. D. Vt. 2008) (including service contract, but excluding GAP insurance,
in a purchase money security interest).
21In re Pajot, 371 B.R. 139, 155 (Bankr E.D. Va. 2007) (holding that where "thoroughly addressed by future
cases, this court may revisit the inclusion or exclusion of these components of a vehicle financing transaction in the
purchase-money security interest."), aff'd in part, rev'd in part and remanded by GMAC v. Horne, 390 B.R. 191 (E.D.
Va. 2008).
Case: 08-40935 Doc #: 46 Filed: 12/02/2008 Page 12 of 17
The Court, therefore, finds that, under the extremely limited facts supplied by the
parties, and the essentially non-existent legal analysis on this issue provided by the creditor,
that FMCC has failed to show that the service contract at issue in this case constitutes a
purchase money obligation. Upon the presentation of a more comprehensive legal analysis
and more complete facts, the Court may well revisit this issue in a future case.22 However,
this case has been submitted to the Court on stipulated facts, and the Court finds those facts,
coupled with limited argument, are insufficient to result in a finding that this service contract
is part of FMCC's purchase money security interest.
D. Administrative Fees
The final issue before the Court is whether the "administrative fees" included in the
financing provided by FMCC in association with the purchase of this automobile constitutes
a purchase money obligation. The Official Comments to the UCC specifically indicate that
administrative charges are among those types of charges that should be included in the "value
given to enable the debtors to obtain rights in the new vehicle," and thus should be
considered part of a purchase money security interest. However, Debtors here challenge
whether the charge labeled as "administrative fees" in this transaction is truly the type of
expense contemplated by the comments to the UCC. Debtors draw a rather unpersuasive
distinction between "fees" and "charges" and dispute that the fees charged by the creditor are
properly included as a purchase money obligation.
22Id. at 212 (noting that it is the creditor's burden to prove that charges are properly included in its purchase
money security claim, and citing In re Hayes, 376 B.R. 655, 673 (Bankr. M.D. Tenn. 2007) and In re Mitchell, 379 B.R.
131, 138 (Bankr. M.D. Tenn. 2007)).
Case: 08-40935 Doc #: 46 Filed: 12/02/2008 Page 13 of 17
FMCC, in its response, makes no attempt to describe the nature of these fees or to
persuade the Court that these particular fees are properly included. Further, the parties'
stipulation is silent on what these fees covered. Instead, FMCC argues that Debtors should
have to disprove that these fees are the kind of fee that should be part of its purchase money
obligation, since the comment to the UCC uses the phrase "administrative charges" to
describe those kinds of expenses that are typically part of the price of the vehicle. In making
this argument, FMCC ignores that it is the creditor's burden to show that the charges are
properly included as part of its purchase money security interest,23 and the creditor in this
case has wholly failed to carry that burden.
The Court is not, at this time, holding that administrative fees charged by this, or any
other, creditor will always be excluded from the creditor's purchase money security interest.
Instead, the Court merely holds that in this case, the creditor has wholly failed to establish
what these fees were for, and why they constitute part of its purchase money security interest.
D. Effect of this ruling
The Court finds that FMCC's objection to confirmation is overruled, to the extent it
argues that the negative equity, service contract, GAP insurance and administrative fee
constitute part of its purchase money obligation. Notwithstanding that holding, however, the
Court finds that Debtors' plan still cannot be confirmed. Debtors' plan provides to pay
$15,900, plus Till interest, to FMCC. However, § 1325(a) still requires that Debtors pay the
Case: 08-40935 Doc #: 46 Filed: 12/02/2008 Page 14 of 17
greater of the current value of the car, or the amount still owed on the car that constitutes a
purchase money security interest.
The parties stipulated that the amount owed on the car on the date of filing was
$23,684.99. If one subtracts $5,668.18 (negative equity) plus $1,919.95 ( administrative
fees, service contract and GAP policy) from that balance, the result is $16,096.86. Debtors
must pay at least $16,096.86—and the amount may be marginally higher if the parties were
to redistribute the payments made on the loan to the purchase money portion of the debt and
the non-purchase money portion of the debt on some pro-rata basis. The Court requests that
the parties calculate a pro-rata apportionment of all payments made on the vehicle between
the purchase money obligations and the non-purchase money obligations, but it appears that
in no event will that amount be less than $16,096.86. Because the amount of the purchase
money security interest held by FMCC is at least $16,096.86, and the Debtors propose to pay
only $15,900, the plan is not confirmable under § 1325.
Although the Court has now decided the major legal issues in this case, there remains
one remaining possible factual dispute that the parties must resolve before the Court can
confirm Debtors' Chapter 13 Plan. Debtors valued the car at $15,900.00 in their plan, and
§ 506(a)(1) only allows FMCC's secured claim to be crammed down to its value, whether
it is a purchase money obligation or not. In other words, although the negative equity portion
of the trade, along with the GAP insurance, service contract, and administrative fees, are not
entitled to purchase money status subject to the hanging paragraph, they are still secured
debts that are subject to the limitations of § 506(a)(1). FMCC thus still has a lien on the
Case: 08-40935 Doc #: 46 Filed: 12/02/2008 Page 15 of 17
vehicle "to the extent of the value of [FMCC's] interest in the estate's interest in such
If the value of the car is less than the purchase money security interest held by FMCC,
then Debtors must pay the amount of the purchase money security interest, as detailed in this
opinion. However, if the value of the car exceeds FMCC's purchase money security interest,
then Debtors will be required to pay the full value of the car, up to the full amount of
FMCC's claim. In that second scenario, that portion of FMCC's claim that represents the
non-purchase money security interest will be subject to bifurcation under § 506(a)(1).
The parties, however, have not stipulated to the value of the car. Debtor will be given
20 days from the date of this opinion to submit an amended plan that provides payment to
FMCC in an amount equal to the current value of the automobile, or the amount of FMCC's
purchase money security interest, whichever is greater. The amount of the purchase money
security interest will need to be recalculated by the parties to factor in today's ruling that the
GAP insurance, service contract and administrative fees should be included with the negative
equity as non-purchase money obligations when determining the pro-rata distribution of
payments made by Debtors.
Following the filing of the amended plan, FMCC will be given the opportunity to file
an objection to the plan if it believes the current value of the car is greater than the amount
Debtors have proposed to pay through the plan.
Case: 08-40935 Doc #: 46 Filed: 12/02/2008 Page 16 of 17
The Court finds that FMCC's objection to confirmation of Debtors' Chapter 13 plan
is overruled to the extent it seeks a determination that those portions of its loan constituting
negative equity, GAP insurance, service contract, and administrative fees are purchase
money obligations. As to the Court's holding related to the service contract and
administrative fees, that decision is largely based on the complete lack of stipulated facts and
legal analysis concerning these two components of the loan, coupled with the fact that the
creditor has the burden to prove its purchase money status, which burden it failed to satisfy
by including sufficient facts to enable the Court to find in its favor.
The Court finds, however, that the plan cannot be confirmed as filed because it
proposes to pay what Debtors contend is the value of the car, rather than the full amount of
FMCC's purchase money security interest in the car, as required by the hanging paragraph
after § 1325(a), which the joint stipulation suggests is at least $16,096.86. Debtors will be
allowed to amend the plan to comply with the requirements of § 1325(a), as set forth herein.
IT IS, THEREFORE, BY THE COURT ORDERED that Ford Motor Credit
Company, LLC's objection to confirmation of Debtors' Chapter 13 plan24 is overruled to the
extent it seeks a determination that the negative equity, GAP insurance, service contract, and
administrative fees financed as part of the purchase of Debtors' car constitute part of its
purchase money security interest.
24Doc. 26.
Case: 08-40935 Doc #: 46 Filed: 12/02/2008 Page 17 of 17
IT IS FURTHER ORDERED that confirmation of Debtors Chapter 13 plan is
denied because it fails to provide for payment of Ford Motor Credit Company, LLC purchase
money security interest, even after excluding the value given for the negative equity, GAP
insurance, service contract and administrative fee, or the value of the collateral, whichever
is greater. The amended plan in conformity with this opinion shall be filed by December 22,
2008, along with appropriate noticing to all creditors.


text:
White House Fruit Farm will sponsor a cooking contest, for which all recipes will be limited to the same main ingredients revealed only days before the event.
The Farm-Fresh Cook-Off Challenge will take place Aug. 10 at the farm, located south of Canfield on Route 62.
Preregistered contestants will not know the ingredients until they pick up their ingredient bags Aug. 7 through Aug. 9 at White House.
Completed dishes accompanied by a written recipe must be delivered to the farm by 12:30 p.m. Aug. 10.
Entry forms and a fee of $20 must be in by 5 p.m. Aug. 5; $10 of the fee is being donated to Second Harvest Food Bank.
Contestants can choose between entr e and dessert categories.
Prizes will be awarded for first, second, and third place in each category.
Only 75 entries will be accepted. Visit www.WhiteHouseFruitFarm.com for entry forms, rules and information.
Use the comment form below to begin a discussion about this content.


text:
Talk:Rsync Backup
Backup policy
The backup policy link still links to the old knowledgebase. This needs pointing to the correct wiki page. Mark Quinn
- This seems to have been taken care of some time ago already. Probably this comment could be removed now. http://wiki.dreamhost.com/index.php?title=Rsync_Backup&diff=7129&oldid=6996
Another Method..
I wanted to have my backups be initiated by my server at dreamhost, and not the backup machine. This way my cronjob runs on the dreamhost server, connects to my box at home, and rsyncs the backup.
This work perfectly for me.
rsync and TOS clarification - Jeff's Edit: A question and a suggestion
I understand the reason for Jeff's deletion of the "Automated Backup via rsync" stuff, in light of the recent DreamHost TOS clarification, but I'm wondering if, in the heat of the moment, we are overlooking uses of rsync-driven automated backups that would *not* be a violation of the TOS?
For example, while Dreamhost has .snapshot automated backups, I can see a legitimate "web site hosting" related use of rsync to back up a development, or local "staging", environment for a site that is hosted, or under development for hosting, on DreamHost. For a traveling developer, possibly doing "roadshows" or site visits, this seems to be a useful, fairly "easy on the resources", and reasonable use of some storage space that could literally "save the day" if the developer's laptop takes a crap on the road.
I don't want to re-add anything that has been removed by any DH staffer without discussion (think "pointless and counter-productive reversion tiff" here), but I think this section could be re-factored to provide some degree of help/guidance for some *acceptable* rsync usage while *still* clarifying the TOS and making it clear that "DH is not an off-site backukp repository for your PC". -- Rlparker 00:04, 18 October 2007 (PDT)
- Just for background reference, here is the pertinent diff: http://wiki.dreamhost.com/index.php?title=Rsync_Backup&diff=18530&oldid=16420
rsync 3.0.x for backup/hanjin.dreamhost.com
I've been using the backup service for some time with great satisfaction, but it falls on its face once very large file lists come into play. After some very long troubleshooting the DH tech realized that I was hitting the resource limiters because rsync was just going crazy. This is because the server runs a pre-3.0 rsync that lacks the huge performance gains of the current release. My tech did not know details on plans to upgrade the version but said that he would suggest it to Infrastructure. It's been two months now (June 2009 - August 2009) and no word, and the server is still running the old version. End of story.
Begin question. What's the hesitation here? The newer version certainly benefits me because I can back stuff up that I cannot otherwise, and there was a fire alarm today that refreshed the fear of data loss in me. But it's a huge boon for the server, taking significantly fewer cpu/ram resources. I can't get a clear answer from anyone as to why the upgrade doesn't happen, which says to me that there is no good reason except that backup just isn't high on the priority list of Things to Care About. I know that rsh won't let me run my own binary because I've already tried. You've clearly got security under control, and 3.0 falls back on the older protocol gracefully if the client isn't running 3.0, so why not? I'm happy to shut up if there's a good reason, especially one that I can learn from.


text:
Applications are available now on our how to apply page. They will be due February 8, 2013. If you're interested in applying, we recommend you start finding a faculty member soon to sponsor your application. Don't leave it to the last minute!
Time to apply to SILCS!December 6th, 2012 by Lindsay Davignon
Applications for SILCS 2013 go live soonNovember 5th, 2012 by Lindsay Davignon
Happy Autumn, everyone! Our application for SILCS 2013 is going to go live a little early this year. You'll be able to download it on November 15. The deadline will still be February 8, 2013. This will give you more time to get your application together before the fall semester ends, so you're not scrambling to find a faculty sponsor when you come back from winter break.
We'd also like to wish our SILCS alumnae/i good luck on their graduate school applications. Deadlines are coming up soon. Let us know as soon as you start hearing back!
SILCS 2012June 22nd, 2012 by Lindsay Davignon
It's been a busy month here on the Wheaton College campus. We're already at the end of week three, with only one week to go. Right now, the SILCS students are visiting the Howard Gotlieb Archival Research Center and the Boston University English Department. This afternoon, SILCS alumnae/i will be arriving for the reunion this weekend. Though we started the month with a week of cold rain, we're currently enjoying a few days of heat and humidity to round out the month.
In the past few weeks, the students have visited the Beinecke Rare Book and Manuscript Library at Yale University and the John Carter Brown Library at Brown University. Last weekend, we attended the Space Between: Literature and Culture 1914-1945 conference and met with SILCS alum Perry for a tour of the Brown campus. We have had lectures by Drs. Sam and Alex Vasquez of Dartmouth University and Wheaton College respectively, Dr. Ryan Cordell of St. Norbert's College, Dr. Lavina Dhingra of Bates College, Dr. Greg Colón Semenza of the University of Connecticut, and Dr. Tanya Rodrigue of Wheaton College.
In our final week, we look forward to one last lecture by Dr. Cord Whitaker of the University of New Hampshire. Next Friday is our annual graduate fair, where schools such as Stanford University, Southern Methodist University, Loyola University Chicago, and Ohio State University will be meeting with the students to talk about their programs. Finally, on Saturday will be our Symposium, where the students present the projects on which they've been working all month. We're excited to see the results of their hard work!
Welcome Class of 2012April 19th, 2012 by Lindsay Davignon
Welcome SILCS class of 2012! We excited to see you all in June.
We'd also like to congratulate the SILCS class of 2011, who are hearing back from graduate programs now. So far our students have been accepted to:
- Ohio State University
- Northwestern
- University of Florida (2 students)
- Vanderbilt (2 students)
- Syracuse University
- Emory
- University of Delaware
- Howard University
- Temple University
- Virginia Tech
- Yale Divinity School
- Brown University
- Cornell University
- University of Pennsylvania
- Pennsylvania State University
- UC Berkeley
- University of Texas Austin
- University of Wisconsin
Congratulations, everyone.
Application Deadline: February 10, 2012February 6th, 2012 by Lindsay Davignon
The deadline for applications to this year's Summer Institute for Literary and Cultural Studies is this Friday, Feb 10. Please make sure that you send your materials as soon as you can! If you have any questions for us at all, you can email us at silcs [at] wheatoncollege.edu, or call us at (508)-286-3745.
Information on how to apply is on our Application page.
Applications for SILCS 2012December 21st, 2011 by Lindsay Davignon
On January 3rd, 2012, we will officially begin accepting applications for SILCS 2012. Our applications are currently live on our How To Apply page. Please check it out!
Just a note: due to technical difficulties, we won't be able to accept faxes until most likely January 4. We'll let you know if that changes.
The application deadline is Friday, February 10. Have a happy holiday season!
SILCS 2011 Weeks 3 and 4 and beyondJune 30th, 2011 by Lindsay Davignon
The Summer Institute has come to another successful conclusion. We had a great month and made a lot of close friends who we hope will stay in touch. Have a great summer, everyone!
In the second half of the month, we listened to lectures from Dr. Daniel Kim of Brown University, Dr. Tanya Rodrigue of Wheaton College, Dr. Greg Colón-Semenza of the University of Connecticut, and Dr. Darryl Dickson-Carr of Southern Methodist University. All of them gave information on their own research and tips on the graduate application process. In addition, on June 17 we visited the W.E.B. Du Bois Institute for African and African American Research in Cambridge.
On Friday, June 24, we celebrated our fourth annual Graduate Recruitment Fair, where such schools as Tufts University, Stanford University, SUNY Albany, Syracuse University, Washington University in St. Louis, Southern Methodist University and Northeastern University set up tables and spoke individually with each student about their graduate programs. The next day, the students presented their work in a Symposium in front of their classmates and returning alumnae/i from the previous year.
This fall, we plan to make SILCS better than ever, with the help of our new team of alumnae/i coordinators. Now the SILCS office closes once more for the summer, but we will be back again in September, ready to start preparing for SILCS 2012!
SILCS 2011 Weeks 1 and 2June 13th, 2011 by Lindsay Davignon
SILCS 2011 is nearly halfway over, and the students are working hard. As usual, the month has passed very quickly, and we're fast approaching our final symposium, where the students will present their work.
Everyone arrived on campus over Memorial Day weekend, where the weather was unseasonably warm for Massachusetts. As in the past, we visited Project Adventure and learned a lot about each other as we worked together on team goals. The day ended with a BBQ on the campus green.
The first week, Drs. Sam and Alex Vasquez (of Dartmouth College and Wheaton College, respectively) came to talk about their dual careers and balancing graduate school and family life. On Monday, June 6, Dr. Gillian Johns (of Oberlin College) came to talk about her own work. The students also visited Brown University's John Carter Brown Library and Boston University's English department and Gotlieb Research Center.
This week, we're looking forward to more lectures and trips, and are trying to stay warm after the heat wave suddenly turned into cold rain. Stay tuned!
CongratulationsMarch 11th, 2011 by Lindsay Davignon
We would like to congratulate our students from SILCS 2009 and 2010 who have been accepted into the following programs:
Indiana University
Ohio State University
Rutgers University New Brunswick
Syracuse University
University of California, Berkeley
University of California, Los Angeles
University of Florida, Gainesville
University of Michigan
We will update this list as we hear more!
EXTENDED DEADLINEFebruary 14th, 2011 by Lindsay Davignon
We have extended the deadline to this Friday, Feb 18. If you were planning on applying to SILCS but couldn't make the deadline, you have another chance. Apply now!


text:
These cod bites are perfectly delicious to serve to adults, but I started making them because I was looking for different foods to cook for my son. He really enjoys helping me and I love knowing that he is getting "real food" to eat and also learning a very valuable life skill by helping in the preparation. There were many years in my life that it didn't cross my mind that it was possible to make these and home! I actually thought the only way I could have, golden, crispy fish for dinner was to make a visit to my frozen food section at my local grocery store.
Breading is a great way to get children involved in cooking. My son is 2 1/2, so I can't really trust him with anything too difficult, but it is amazing what those little fingers can do if you have a little patience and find a task they are able to help with. For example, I know he can't judge if the nuggets have the right amount of egg or the proper amount of crumb coating, but I know he can make sure every piece of cod is rolled in the flour. He gives me the fish pieces after he is done gently (and sometimes not so gently) tossing them in the flour bowl and then I make sure the pieces make it through the rest of the breading process. I also allow him to arrange them on the pan. Sometimes, I find the chef/mom in me wants to take over and do it for him so that we can hurry, get it done "right", or so that we won't make too much of a mess, but then again, messes can always be cleaned up.
One trick for helping with a toddler mess, or a mess of your own, is to cover your counter top with a few overlapping strips of plastic wrap. Then, when you are done with the preparations, just roll it up and, Ta-da! (As my son says) You have a clean counter again! Unfortunately, I don't have a magical cure for crumbs that find their way to the floor, other than to allow your dog in the kitchen or to also teach your child another life skill….vacuuming!
Cod Bites with Lemon Chili Tartar Sauce
· 12 ounces cod loin, cut into 1 ½ inch cubes
· 1 cup flour
· 1 teaspoon kosher salt
· ½ teaspoon black pepper, fresh cracked
· 1/2 cup liquid egg, I use this for simplicity, but you can also use 4 large eggs, whipped
· 1 cup panko breadcrumbs
· 1 teaspoon old bay seasoning
· ¼ teaspoon black pepper, fresh cracked
· ½ teaspoon garlic powder
· ½ cup parmesan cheese, grated
Lemon Chili Tartar Sauce
· 3/4 cup mayonnaise
· 1 tablespoon grated red onion
· 1 tablespoon capers, drained and chopped
· 1 tablespoon pickle relish
· 1 teaspoon lemon zest
· 1 teaspoon Sriracha chili sauce
Preheat oven to 400. To set up your breading station, place the flour, 1 teaspoon of kosher salt, and ½ teaspoon of pepper in a small bowl. Whisk together and set aside. Place the egg into a second bowl and in a third bowl, combine the breadcrumbs, old bay, pepper, garlic powder and parmesan. Dredge each piece of cod in the flour, being sure to coat all sides. Next, dip it into the egg, making sure it is well coated. Let any excess egg drip off. Next, roll the cod piece into the panko mixture and cover all sides. Place the cod pieces onto a lightly greased baking sheet and repeat the process until all the cod is breaded. Bake for 10-15 minutes or until the breading is golden brown and the fish feels firm to the touch. While the cod bites are baking, prepare the tartar sauce by whisking all ingredients together in a medium bowl. Remove the cod bites from the oven, serve with tartar sauce and enjoy!


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Model club caters to plastic generation
Troy Riley, left, and son Hunter, 7, share a passion for plastic modeling. Hunter celebrated his seventh birthday at The Butchers model car club meeting on Jan. 21.
Chris Schultz
write the author
Founder of The Butchers, Keith Reimers, concentrates on a scale model of a 1992 Pontiac Grand Prix.
Members of The Butchers work on their plastic models at the Jan. 21 meeting.
THE BUTCHERS' MEETING SCHEDULE Monthly meetings for "The Butchers" model car club is every third Saturday from 10 a.m. to 2 p.m. at the Delavan Community Center, 826 E. Geneva St. The year's schedule is Feb. 18, March 17, April 21, May 19, June 16, July 21, Aug. 18, Sept. 15, Oct. 20, Nov. 17 and Dec. 15. The club is open to modelers of all skill levels and interests. Donations for the "Make-a-Wish Foundation" will be collected at meetings as well as at swap meets and car shows during the year. For more information call Keith at (262) 728-1483, Richard at (262) 215-0287, Bob at (920) 723-3595 and Tim at (815) 988-8472.
February 01, 2012 | 07:44 AM
DELAVAN -- Keith Reimers calls it a plastic addiction.
But at no time does styrene enter the veins.
Rather, Reimers and several friends, called "The Butchers," gather once a month at the Delavan Community Center, 826 E. Geneva St., with a load of model cars.
They then proceed to mix, match and even make parts for the scale model cars, trucks and trailers they're assembling in a ritual known as "kit bashing," or "model hacking."
The "bashing" and "hacking" are intended to make the models look more realistic, look cooler,or just for fun. The club motto is no nonsense: "Build 'em if ya got 'em."
Despite the club name and rather grisly club logo (like something from a '50s horror movie), the only blood spilled here is drawn by accident.
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Even when transplanting plastic engine parts or slicing into model car pieces (and the occasional wayward finger), these guys are pretty much friendly.
And they're collecting money for the Make-a-Wish Foundation.
Reimers said the club first started in Davenport in December 2006, founded by his older brother Ken. The Davenport group called itself "The Mad Modelers."
The brothers started building models in the 1960s. Their father, who worked for Racine Case, helped them build their first model, a '40 Ford Coupe, and started them down the scale modeler road.
When Keith Reimers of Delavan started his club in Wisconsin, he also called the club.
"The Mad Modelers," only to learn that another modeling club in Madison was going by "The Mad City Modelers."
To avoid confusion, the Delavan club changed its name to "The Butchers," as in "he really butchered that kit."
"Well, we're not necessarily master modelers," Reimers explained. "And, we are using sharp instruments and we do draw blood." Usually their own, he added.
During the Jan. 16 meeting, Reimers was working on the model of a 1992 Pontiac Grand Prix. Of his 150 or so kits at home, Reimers estimates that he's started about 35 of them, each in a different state of completion.
This 1992 Pontiac Grand Prix has a long way to go.
Reimers said The Butchers became involved with Make-a-Wish when members heard of Ryan Luxem, 11, of Union Grove. The youngster had participated in the Make-a-Wish program, which tries to fulfill the dreams of children facing life-threatening illnesses.
The boy, who died in December of last year, did origami and sold items on e-Bay, turning the profits over to the MACC fund, Reimers said.
Reimers said he and fellow club members were so touched by Luxem's story, that they started collecting for the Make-a-Wish Foundation, taking donations from members and putting up a collection jar at model car club meets and shows.
Last year, the club raised $117, Reimers said. And they will be collecting for Make-a-Wish this year at their monthly meetings and at the shows and swap meets they attend.
Also at the January meeting were fellow modelers Tim Kracht of Delavan, Richard Morgan of Elkhorn, Bob Carey of Jefferson and Troy Riley and his son, Hunter, of Delavan.
Carey builds models and then modifies them with unusual items, that nonetheless look authentic. For example, plastic spoon halves, properly positioned and painted, become head rests on a model of a Chevy Stingray Corvette.
Morgan and Carey are 4-H leaders who teach modeling to 4-H members. Morgan also runs the 4-H arts and crafts competition and was president of the 4-H Senior Leaders Association for two years.
While The Butchers work mostly on car models, the club isn't totally cars. Kracht does trucks and semis. Morgan does farm equipment. Riley does trailers.
"I don't know how I got into it," the elder Riley said of modeling.
But now that he is, he has about 125 kits waiting to be built in his basement. And Riley confesses that he can't build anything just out of the box.
"I've got to modify it," he said.
The older Riley also does scale model farm equipment, and he can whomp up a good-looking trailer from scratch. He brings resins and clays to mold his own parts.
Hunter was the youngest one there, celebrating his seventh birthday. He had some of his models at the meeting, but for the time being, he was keeping modeling clay soft for his dad, who was molding parts for a model trailer.
"We're not totally cars," confessed Reimers. "It's all plastic."
What they are, totally, is for fun.
The club is open to anyone who wants to build a plastic model with some friends around to help.
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Russ Berrie and Company, Inc. (RUS)
Q1 2008 Earnings Call
May 13, 2008 10:00 am ET
Erica Pettit – Financial Dynamics
Bruce Crain – President &CEO
Anthony Cappiello – Exec. VP & Interim CFO
Previous Statements by KID
» Russ Berrie & Co., Inc. Q3 2008 Earnings Call Transcript
» Russ Berrie and Company, Inc. F2Q08 (Qtr End 06/30/08) Earnings Call Transcript
» Russ Berrie & Company Q4 2007 Earnings Call Transcript
Arnie Brief – Goldsmith & Harris
David Liebowicz – Burnham Securities
Glen Sussman – [Latide Asset Management]
Mark Cooper – Wells Capital Management
Dave Thomas – Blue Sky Asset Management
Good morning ladies and gentlemen and welcome to the Russ Berrie and Company conference call. (Operator Instructions) I would now like to introduce your host for today's conference, Ms. Erica Pettit of Financial Dynamics; please go ahead.
Erica Pettit
Good morning everyone and welcome to Russ Berrie's first quarter 2008 conference call. If you have not viewed the press release issued this morning and would like to receive one by email please call Financial Dynamics at 212-850-5600 and someone will send you one immediately.
As stated in the company's earnings release this call is being webcast and can be accessed on the company's website at www.russberrie.com. The webcast of the call will be archived online shortly after the conference call for 90 days. A replay of the call will be available through May 20th, 2008, by dialing 800-642-1687 access code 46484608.
We will begin the call with comments from management and then we'll open up the line for questions. Before we begin we would like to remind everyone of the cautionary language regarding forward-looking statements contained in the press release. That same language applies to comments made on this morning's conference call.
Now I would like to turn the call over to Bruce Crain, Chief Executive Officer and President of Russ Berrie. Bruce, go ahead please.
Bruce Crain
Thanks Erica, good morning and thank you for joining us everybody. It's been just over a month since our last call, so we'll try to keep our remarks brief today. I'll start out with a brief review of our recent highlights, then Anthony Cappiello, our Chief Administrative Officer and Interim Financial Officer, will provide a more detailed discussion of our financial results. Later I will come back and discuss some of our strategies for the year.
We achieved modest year-over-year improvements during the first quarter as we grew our top line. We continue to make solid progress on our design led and branded product strategy. This has been an over-arching priority for our businesses which also helps to offset some of the pressure from the macro economy. As we all know the consumer environment is changing and has become even more challenging compared to 2007. In particular, our cost of finished goods are increasing driven mostly by our suppliers' rising raw material and labor costs as well as the impact from currency.
With this in mind we must be prepared to protect our businesses from these external factors that are affecting many retail and consumer products companies. That said I believe we have the right strategies in place to do just that while we continue to grow our business and prudently manage our expenses in this less-then-ideal consumer and retail environment.
Now I'd like to briefly review some of our recent highlights from both segments. First, we announced the acquisitions of LaJobi and CoCaLo at the time of our last conference call and we successfully completed those on April 2nd. Both LaJobi and CoCaLo are innovative and complementary businesses that really are an excellent fit for our Infant and Juvenile segment. By the way, our Infant and Juvenile segment I'll be referred to as the I and J area going forward here today.
LaJobi and CoCaLo are already adding value to our business with their own design-led and branded product lines. We are very excited about the early collaboration among our various I and J businesses as well as the future opportunities. LaJobi has allowed us to enter the important crib market as we seek to leverage their strong brands and extend our presence throughout the baby nursery. CoCaLo has expanded our presence in the infant bedding and accessories market with their distinctive product designs and unique brands.
To further capitalize on the positive trends of this recession-resistant at least infant and juvenile industry, we plan to further leverage these newly acquired businesses as well as well as Kids Line and Sassy. I'll spend more time discussing the acquisitions later in the call.
Second let me highlight a few of our many accomplishments in our gift segment which were encouraging given the difficult gift market. Those of you who follow Russ gift closely know that the key gift trade shows occur early each year in the first quarter. At those shows we remained very focused on our design-led and branded strategies to ensure that our products are distinct, trend right and allow us to leverage our brand strength. At the trade shows we launched several new product lines that fit with this strategy including Sea Pals, a new line of viral plush product to continue addressing the popularity for plush products featuring a web-based component.
Further Sea Pals is designed to bring together all of the best features available in the viral category including educational, nurturing and of course fun components, all within a safe web environment complemented by great plush products. This proprietary line will begin shipping out to retailers in the second quarter and we plan to launch the website during the quarter as well. We remain optimistic about our new gift products for this year.
Read the rest of this transcript for free on seekingalpha.com


text:
Markus White (twitter: @Em_Whyte55)
Position: DE
Height: 6-3 Weight: 266 lbs.
Born: November 25, 1987 in West Palm Beach, FL
High School: John I. Leonard
College: Florida St. (school history)
Drafted by the Washington Redskins in the 7th round (224th overall) of the 2011 NFL Draft.
Weighted Career AV (100-95-...): 0 (15060th overall since 1950)


text:
Pukka Herbs, Detox, Organic Aniseed, Fennel & Cardamom Tea, Caffeine Free, 20 Tea Sachets, 1.41 oz (40 g)
You purchased this item onView this order
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- You earn loyalty credit for every order you place at iHerb!
- Loyalty credit is equal to 10% of the value of your order, excluding shipping charges.
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Expiration Date:?Oct 2018
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The length of time for the expiration date or "best used before" date depends on the type of product, as well as the brand.
Perishable items (such as flax oils or certain probiotics) generally have shorter expiration dates. Although our warehouse is fully air-conditioned, these more fragile items are put in cold storage (freezer or refrigeration unit) for maximum freshness.
Our receiving department does its best to verify and then enter the correct expiration dates for all incoming products. However, discrepancies do occur from time to time. This being said, the exceptionally high turnover at iHerb ensures that our inventory is among the freshest in the industry.
Shipping Weight:?0.48 lbs (0.22 kg)
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- Product Code: PKH-00012
- UPC Code: 850835000122
- Package Quantity: 20 Tea Sachets, 1.41 oz (40 g)
- Dimensions: 5.6 x 3.1 x 2.8 in, 0.2 lbs (0.09 kg)
- To Cleanse & Revive
- Great Taste Gold 09
- FSC Mixed Sources
- Product Group Well-Managed Forests and Other Controlled Sources
- ClimateCare
- 20 Tea Sachets Individually Wrapped for Freshness
- Soil Association Organic
- USDA Organic
- Kosher Parve
- Certified Organic by SA Certification UK Ltd.
Thank you for choosing Detox tea. it is a unique blend of cleansing herbs with fantastic detoxifying properties. Drink daily to enjoy the full benefits of this wonderful soothing digestive tea. Herbs have been used to support health for thousands of years. At Pukka we create unique blends to harness their incredible potential.
- Fennel seed and aniseed are deliciously sweet
- Cardamom seed gives a soothing aromatic flavor
- Licorice root is calming and nourishing
Enjoy it and stay well.
Pukka's Ayurvedic Practitioner and Herbalist
Suggested Use
Infuse for at least 5 minutes in freshly boiled water that has been allowed to cool a little.
Allergy Advice: Contains celery seed
Naturally caffeine-free. 100% organically grown and ethically sourced.
Aniseed (40%), fennel seed (20%), cardamom seed (15%), licorice root, coriander seed, celery seed.
Posted by 5323287804233221106 on May 16, 2016
Great tasting and at a good price also ... no 2 Pukka's taste the same but all very pleasant!!!
Dramatically Improved My Rosacea-related Redness and Acne!
Posted by 5268503532425958934 on Feb 25, 2016
The Pukka Detox tea was recommended to me by a woman who trained at Bastyr, to clear up the perpetual, severe acne and facial redness I was having from Rosacea. I drink it daily now because it really does keep my skin much clearer. I also find drinking lots of water is important, but water alone was not enough to clear the maddening Rosacea redness or acne in my case. There is also an effective but expensive French face cream called Tragic Magic, by Votre Vu, which I find miraculously clearing of Rosacea flare ups. Luckily a little goes a long way. And since I now live in a very dry climate at high altitude (under intense sun), I need the face cream and earth-friendly zinc sunscreen as well as the tea, but between the three (and needless to say, lots of water), I can keep my rosacea under control quite effectively, even here. So nice to have clear skin, and by more natural means! (The doctor's gel burned and did not even work well.) I ran out of Pukka Detox tea a couple weeks ago - forgot to order from iHerb in time! - and my face broke out badly. So if Rosacea is your problem, I would say try a box of Pukka Detox Tea and see if you don't discover a big difference. If the redness doesn't clear up completely, try adding an earth-friendly zinc sunscreen and/or Tragic Magic. (Some zinc sunscreens harm the remaining coral reefs.) One more thought, although I am not medically trained: since Pukka Detox tea makes such a big difference, detoxing seems to help Rosacea; so I theorize that regular exercise, less red meat, and perhaps other detoxifiers, like milk thistle, might also help. (If you try the milk thistle or its derivative, silimarin, however, only take a very small dose for the first couple weeks! I did the amount the box recommended and got very ill because my liver dumped out huge amounts of toxins from having taken many medications earlier in life - they all washed into my bloodstream at once, and my body could not clear them out fast enough to keep me feeling well. Several days of misery ensued. Word to the wise. Go gently at first with all detox processes and products if you might have a lot of toxic buildup in your liver.) I have had no bad reaction or side effects from the Pukka Detox tea, however. It is a little sweet for my taste because of the anise, since I avoid sugar; but it won a taste award, so most people must enjoy the sweetness. I don't find it unpleasant to the point of being hard to drink. The flavor is mild. I usually add a teabag of Nettle anyway, for inflammation, so between the two the taste is not too sweet at all - quite enjoyable. Two thumbs up for the Pukka Detox Tea - my dermatologist needs to know about it!
I love it
Posted by 5594065389005601010 on Feb 06, 2016
This tea is very refreshing! A very nice quality. The taste of aniseed, fennel and cardamom is well-blended and I will definitely re-order in the future!
Very good product
Posted by 4669693988845461808 on Jul 28, 2015
It tastes very balanced, slightly sweet and spicy, has a warming action.
Pleasant tasting
Posted by 5265727922027442859 on May 31, 2015
I have been drinking plain fennel for years and decided to try something different. Love this tea. Start the day with a cup and I have felt fantastic since taking it. Such a pleasant flavour.


text:
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to bar, 1982, Massachusetts.
Education: Smith
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(LL.M., 1985). COURSES: Partnership Tax,
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A&I University (B.S., 1963; M.S., 1969); University of Oklahoma
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to bar, 1993, New South Wales, Australia. Education:
of Queensland (B.Econ.,
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of Oxford (D. Phil.,
1998). COURSES:Comparative
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1982); Boston University (LL.M., 1990). COURSES:Estate
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and Medicine, Law and Psychiatry, Mental Health Law Clinic, Tort Principles and
the Problems of Modern Society, Torts. Email:gmorris @ sandiego.edu
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Russell Sage College (B.S., 1969); Albany Law School (J.D.,
1972); George Washington University (LL.M., 1975). COURSES:Environmental
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University of Kansas (B.A., B.S., 1989); Yale University
(J.D., 1992). COURSES: Corporate
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Offenses. Email: fpartnoy
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Los Angeles (J.D., 1973). COURSES:Clinical
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@ sandiego.edu
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(J.D., 1958). COURSES:Corporate
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Princeton University (A.B., 1982); University of California,
Los Angeles (J.D., 1985). COURSES: Clinical
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1989). COURSES: Commercial Law, Constitutional Law,
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State University of New York, Binghamton (B.A., 1981); Yale
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@ sandiego.edu
SCHWARZSCHILD, (Law Professor),
born 1951; admitted to bar, 1977, New York; 1981, District of Columbia; 1987,
England and Wales. Education: Columbia
University (B.A., 1973; J.D., 1976). COURSES:Civil
Procedure, Constitutional Law, Criminal Procedure, European Community Law,
Evidence, International Law. Email:maimons
@ sandiego.edu
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1999). COURSES:Intellectual
Property Law, Patents. Email:tsichelman
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to bar, 1981, Utah. Education: Brigham
Young University (B.A., 1976); Yale University (J.D., 1979). COURSES:
Constitutional Law, Jurisprudence, Religion and the
Constitution, Torts. Email:smiths
@ sandiego.edu
A. SMITH, (Law Professor), born 1957; admitted
to bar, 1988, District of Columbia. Education: Cornell
University (A.B., 1979); Oxford University (B.A., 1981); Yale University (J.D.,
1984). COURSES:Administrative
Law, Contracts, Corporate Finance, Corporate Law, Criminal Law, Financial
Institutions. Email:tacsmith
@ sandiego.edu
C. SNYDER, (Law Professor),
born 1946; admitted to bar, 1974, California. Education:
Washington and Jefferson College (B.A., 1968); Northwestern
University (J.D., 1974). COURSES:Civil
Clinic, Interviewing and Counseling, Law and Medicine, Law and Psychiatry, Mental
Health Law Clinic, Negotiations. Email:asnyder
@ sandiego.edu
B. SNYDER, (Law Professor),
born 1928; admitted to bar, 1956, Massachusetts;
1965, Connecticut.
Education: Syracuse
University (B.S., 1951); Boston University
(J.D., 1956); Columbia
University (LL.M., 1961).
Planning, Estate Planning, State and Local Taxation, Tax Accounting, Federal
Taxation. Email:les
@ sandiego.edu
URSIN, (Law Professor), born 1942; admitted
to bar, 1967, California.
Education: Stanford University
(A.B, 1964; J.D., 1967). COURSES: Domestic
Relations, Legal Process, Products Liability, Tort Theory, Torts. Email:eursin
@ sandiego.edu
A. VARGAS, (Law Professor),
born 1937; Education: National Autonomous
University of Mexico (J.D., 1964); Yale
University (LL.M, 1970). COURSES:Comparative
Law, Immigration Law, International Environmental Law, International Human
Rights, International Law, International Organizations, Japanese Law, Law of
the Sea, Mexican Law, NAFTA and the Environment. Email:mexlaw
@ sandiego.edu
B. WIGGINS, (Law Professor),
born 1943; admitted to bar, 1969, Washington;
1984, California.
Education: University
of Washington (B.A., 1966), University of California,
Hastings (J.D., 1969); Yale
University (LL.M., 1974).
Dispute Resolution, Constitutional Law, Law and Medicine, Negotiation and
Settlement Advocacy. Email:cwiggins
@ sandiego.edu
JO WIGGINS, (Law Professor),
born 1962; admitted to bar, 1987, Indiana.
Education: Smith
College (B.A., 1984); University of Michigan (J.D., 1987). COURSES:
Bankruptcy, Commercial Law, Legal Theory, Property Damage. Email:
@ sandiego.edu
T. WONNELL, (Law Professor),
born 1957; admitted to bar, 1982, Illinois.
Education: Northwestern University
(B.A., 1979); University
of Michigan (J.D., 1982).
Corporations, Creditors�?? and Debtors�?? Rights, Law and Economics, Torts, U.C.C.:
Sales and Commercial Paper. Email:cwonnell
@ sandiego.edu
C. ZACHARIAS, (Law Professor),
born 1953; admitted to bar, 1977, New
York. Education: Johns Hopkins
University (B.A., 1974), Yale University
(J.D., 1977); Georgetown
University (LL.M.,1981). COURSES:Constitutional
Law, Criminal Procedure, Professional Responsibility, Trial Advocacy. Email:
@ sandiego.edu


text:
Maybe you thought sign language was only for the hearing impaired, or perhaps you thought teaching hearing infants to sign was only possible for stay at home parents. You may have even heard the common myth that teaching hearing infants to sign will delay their language development. Whatever the reason you've held back until now, this workshop will answer your questions and debunk those myths.
From the benefits of signing with hearing infants and toddlers to how to incorporate the Baby Signs program into the childcare setting, Baby Signs Early Childcare Educator Training can give you the tools you need. This workshop includes research-based activities for intellectual and socio-emotional development and the most useful signs to teach and use with infants and toddlers. Plus, if your daycare parents are skeptics, this training will help you inform them on the benefits of signing with hearing infants and ways to get your parents involved in supporting their children's language development. Educators and child care professionals will receive a certificate of completion of 3 clock hours training.
Included in the training fee is the new Professional Development Kit. The kit contains 2 board books, a helpful flip chart, a video dictionary and a CD with printable posters and information for families.
Saturday, June 23, 2012
Renner Frankford Branch Library
6400 Franford Rd.
Dallas, TX 75252
$65- includes Baby Signs Professional Development Kit
Must Register by June 20, 2012