text:
Judge Somers
13-06004 Bokara Rug Company, Inc. v. Hodgson (Doc. # 32) - Document Text
- Details
- Category: Judge Somers
- Published: 26 November 2013
- Written by Judge Somers
SIGNED this 21st day of November, 2013.
Opinion designated for online use, but not print publication
In Re:
Case 13-06004 Doc# 32 Filed 11/21/13 Page 1 of 19
In this adversary proceeding, Plaintiff Bokara Rug Company, Inc. (Bokara)
contends that its claim against Debtor should be excepted from discharge under 11 U.S.C.
§ 523(a)(2)(A).1 Trial was held on September 24, 2013. Bokara appeared by Thomas
Ruzicka of Hubbard, Ruzicka, Kreamer & Kincaid, LLC. Debtor appeared in person and
by Jeff Wagoner of Wagoner, Maxcy, Westbrook PC. The parties stipulated to the
admission of all offered exhibits. For the reasons discussed below, the Court sustains the
Prepetition Debtor Izabel Hodgson, in addition to her employment at Sprint,
conducted business as Izabel Oriental Rugs. She sold primarily to interior designers in
the Kansas City area. From 2001 through at least May 2008, Bokara, a New York
corporation with offices in Secaucus, New Jersey, was Debtor's primary rug supplier. A
Consignment Agreement dated May 11, 2001, between Debtor d/b/a Izabel Oriental
Rugs, as consignee, and Bokara, as consignor, governed their relationship. Rugs were
shipped to Debtor in consignment lots on a sale or return basis. The rugs remained the
property of Bokara. There was no predetermined period of time in which the consigned
rugs were required to be sold or returned. For all rugs sold, Debtor was to remit to
1 This Court has jurisdiction over the parties and the subject matter pursuant to 28 U.S.C. §§
157(a) and 1334(a) and (b), and the Standing Order of the United States District Court for the District of
Kansas that exercised authority conferred by § 157(a) to refer to the District's bankruptcy judges all
matters under the Bankruptcy Code and all proceedings arising under the Code or arising in or related to a
case under the Code, effective July 10, 1984. Furthermore, this Court may hear and finally adjudicate
this matter because it is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(H). There is no objection to
venue or jurisdiction over the parties.
Case 13-06004 Doc# 32 Filed 11/21/13 Page 2 of 19
Bokara the invoice price stated on the consignment document. Bokara retained the option
to invoice for all rugs not returned. This occurred sometime, perhaps several years, after
the shipment.
The Consignment Agreement included the following provisions regarding records
and payment for rugs sold:
5. Consignee agrees to keep accurate records showing the
Goods on consignment under this Agreement and the
consigned price, sales price to customers (including consigned
sales) setting forth the names, addresses, quantities purchased
and terms of sale and the consigned goods remaining on hand
with Consignee and any Goods returned for whatsoever
reason to Consignor. Consignee agrees that Consignor or its
authorized representative shall have access to the consigned
Goods and to the records described herein with respect thereto
during the term of this Agreement, for the purpose of
6. Consignee agrees, that within not later than the tenth (10th)
day of the month following each month in which consigned
Goods are sold by Consignee, to provide to Consignor an
accurate detailed account of all sale of consigned Goods
under this Agreement for the prior calendar month in which
sales in fact occur. At such time Consignee shall remit to
Consignor the Invoice Price thereof.
Debtor testified that she kept records of the consignments in her book (which was not
produced or consulted at trial), but she was unable to identify the Bokara rugs in her
possession. In response to questions involving such facts, she stated that Bokara should
have the required information. Also, Debtor testified that she sent money to Bokara when
it was available, not that she sent money within 10 days following the month of a sale, as
Case 13-06004 Doc# 32 Filed 11/21/13 Page 3 of 19
required by the Consignment Agreement. While Bokara and Debtor had an ongoing
business relationship, Bokara never attempted to examine the rugs in Debtor's possession.
The Consignment Agreement required Debtor to insure the consigned rugs. It
7. Consignee shall keep the Goods described herein insured at
no less than the invoiced price against damage, destruction
and loss of an kind and all kind while in the possession, care,
custody or control . . . of Consignee or is customer(s) until
payment to Consignor and shall cause the insurance proceeds
on any loss or losses of such consigned Goods to be paid to
Consignor provided however, Consignor shall be entitled to
receive any insurance proceeds in excess of the Invoice price,
in the same manner that Consignee shall be entitled to retain
any proceeds from sale in excess of that amount. Consignee
shall furnish Consignor with a Certificate of Insurance
(Certificate ) listing Consignor as an insured as its interest
may appear. Such Certificate shall provide that coverage
shall not be canceled without thirty (30 ) days prior written
notice to Consignor.
Debtor and Bokara also entered into a security agreement granting Bokara a security
interest in all rugs or other property shipped to Debtor by Bokara. It provided that
Debtor would "Keep the Collateral insured against loss by fire, theft, and other
casualties" and give immediate written notice to Bokara and the insurers of any loss to the
collateral. Debtor personally guaranteed her obligation to Bokara.
The exhibits reveal that Bokara had problems in collecting amounts owed by
Debtor as early as 2006.2 On October 17, 2008, Bokara sent a notice of delinquent
2 Dkt. 13-4, 32.
Case 13-06004 Doc# 32 Filed 11/21/13 Page 4 of 19
account, and on December 4, 2008, counsel for Bokara sent a letter to Debtor demanding
payment of $129,108.98 for goods sold and delivered.3 Payment was not made, and suit
was filed by Bokara against Debtor and Izabel's Oriental Rugs in the Supreme Court of
the State of New York, County of New York on or about July 8, 2009, seeking to recover
$107,946.00, the balance remaining after all credits.4
Bokara alleges that Debtor as of October 10, 2012, the date of filing her Chapter 7
case, owed $64,461.27, and Debtor has stipulated to the existence of the claim and the
amount. The forgoing claim reflects the amount stated on the Customer Statement (Open
Document) dated April 12, 2013, which contains invoice and credit entries commencing
on August 31, 2009.5 It reflects charges related to 17 consignment shipments during
2007, the first of which was on April 11, 2007, two shipments in 2008, one on January 22
and one on June 13. As stated above, in October 2008, Bokara made demand on Debtor
for payment of $129,108.98, and suit was filed in July 2009. In September 2009, Debtor
traveled to New Jersey and met with Bokara representatives. They agreed to payment
terms of $5,000 per month, and that Bokara would resume consignment shipments. New
shipments were made on September 25 and September 30, 2009. Bokara also agreed not
3 Debtor's Statement of Financial Affairs and schedules indicate a judgment against her by
Bokara in the State of New Jersey, Case No. HUD-L-6041-11 for $64,461.27, but there was no trial
evidence in this regard.
4 Exh. E. The trial exhibits and testimony were generally limited to transactions stated on the
Customer Statement dated April 12, 2013 stating a balance due of $64,461.27 and did not explain the
computation or origin of the amount sought in the New York litigation.
5 Exh. 4.
Case 13-06004 Doc# 32 Filed 11/21/13 Page 5 of 19
to pursue the litigation. Debtor failed to make timely payments. Bokara terminated
consignment shipments, and all future sales to Debtor were made on a COD basis.
Between January 14, 2010 and June 28, 2011, the Customer Statement reflects five cash
payments by Debtor totaling $22,000, which Bokara credited to the outstanding balance
which was the subject of the agreement to pay $5,000 per month. The Customer
Statement reflects credit for seven rug returns - six for consignments before June 2008
and one for the June 13, 2008 consignment. Debtor testified that she thought she sold all
of the rugs from the last three consignments, but Bokara's records show an outstanding
balance owed of $24,406.43 for these shipments, which amount is included in the
$64,461.27 claim.
Debtor operated her rug business out of her home, storing rugs in her basement
and garage. On May 2, 2008, Debtor's home was destroyed by fire.6 The balance owed
on consignments prior to the May 2, 2008 fire is $40,054.847 . According to Debtor, the
fire, smoke, and water damaged 90% of her inventory, which was not salvageable. But
Debtor offered no records as to which of the Bokara rugs she had in her possession at the
time of the fire or the extent of damage to them. Debtor testified that rugs in the garage
were destroyed and those in the basement were in several inches of water; that any rugs
shipped by Bokara before the fire which had not been sold or placed by her on
6 The origin of the fire was electrical.
7 This amount is the difference between $64,461.27, the stipulated total claim, and $24,406.43,
the amount owed on the post-fire consignment shipments.
Case 13-06004 Doc# 32 Filed 11/21/13 Page 6 of 19
consignment to third parties were destroyed.8 Debtor denied having sold any rugs which
were in the house at the time of the fire. She stated that rugs were placed in dumpsters
and some were given to workmen. The six rugs which were returned to Bokara after the
fire had been placed by Debtor on consignment with decorators and furniture stores, so
they were not in the house at the time of the fire.
The rugs at Debtor's home at the time of the fire were not insured.9 When asked
by Bokara's counsel, Debtor acknowledged that the Consignment Agreement and the
Security Agreement required the purchase of insurance and that she never had purchased
the required insurance. Debtor testified that she did not remember "the insure part" of the
Consignment Agreement and stated, "I guess I signed it. But I never thought I will have a
fire to lose it completely, so I just - - okay."10 Bokara's counsel responded, "So if you
never thought that you would ever have a fire, was there ever any intention on you getting
an insurance policy?"11 Debtor answered, "I guess not."12 Later in her testimony, Debtor
answered "right" to the statement that "you didn't really have any intention of ever
entering into those insurance agreements as you represented to Bokara."13 On cross
8 But Debtor also testified that presently there were three damaged Bokara rugs in her garage.
9 Debtor's homeowner's insurance had a $200 limit on business property.
10 Tr. 9, 6-8.
11 Tr. 9, 9-11.
12 Tr. 9, 12.
13 Tr. 11, 16-19.
Case 13-06004 Doc# 32 Filed 11/21/13 Page 7 of 19
examination by her own counsel, Debtor testified that she "wanted to get insurance but it
was too expensive,"14 that she was not "lying" to Bokara.15
Mr. Jan Soleimani, the president and owner of Bokara, testified that Bokara did not
know until very "recently" that Debtor operated her business out of her home and that
Bokara rugs were destroyed or damaged by fire on May 2, 2008. Debtor's testimony to
the contrary is not credible. If Debtor told Bokara of the fire, as she testified, the message
conveyed was that she lost her home, not the Bokara rugs. All of Bokara's actions to
collect its debt are consistent with its lack of knowledge of where Debtor stored her
inventory and particularly with the destruction of that inventory by fire. In 2009 an
employee of Bokara was in the Kansas City area and attempted to make arrangement to
inspect Debtor's inventory, but was unsuccessful. Bokara's lack of notice of the fire and
the inventory destruction had significant consequences. Bokara was deprived of the
opportunity to inspect the rugs and determine salvageability. Mr. Soleimani testified that
Bokara would not have made the consignment shipment to Debtor on June 13, 2008,
about a month after the fire, or made the two shipments in September 2009 after Debtor's
visit to New Jersey, which shipments had a total invoice price of $24,406.43, if it had
known that the previously shipped inventory had been destroyed, since the damage to the
inventory evidenced Debtor's lack of ability to pay her debt to Bokara and remain in
14 Tr. 50, 20-22.
15 Tr. 51, 1.
Case 13-06004 Doc# 32 Filed 11/21/13 Page 8 of 19
business. Also, Mr. Soleimani testified that lack of notice of the loss deprived him of the
opportunity to make a claim on Bokara's $10 million insurance policy.
Bokara is not convinced that all of the Bokara rugs were irreparably damaged in
the fire. Mr. Soleimani, who does insurance claim adjusting, testified that rugs sustaining
water damage could be salvaged. After the fire, ServiceMaster extracted water from 656
square feet of rugs, which Debtor testified were some of the rugs that had been in the
basement. ServiceMaster removed the rugs from the premises. According to Debtor, she
later picked up these rugs and put them in a storage unit until she moved into her house.
Debtor did not testify how many rugs were treated by ServiceMaster or their ultimate
Bokara also provided bank statements and income tax returns showing that after
the May 2, 2008 fire, Debtor's rug business had revenues of $150,644.29 in 2008,
$217,725.28 in 2009, $120,123.13 in 2010, $62,818.48 in 2011, $34,569.00 in 2012, and
$7,581 through May 2013, for at total of $593,461.18.16 Debtor did not dispute the
revenue figures, but she had no explanation of the source of that income. Debtor testified
that she sold very few rugs out of her home after the fire because she had no inventory.
The only source of post-fire rugs she identified were those sent to her by Bokara, which
were three consignments with invoice values totaling $24,406.43 and COD shipments of
16 Exh. 9 & 10.
Case 13-06004 Doc# 32 Filed 11/21/13 Page 9 of 19
no more than $30,000 to $40,000. She denied that any Bokara rugs stored at her home on
May 2, 2008 were sold.
I. Construction of Section 523(a)(2)(A) of the Bankruptcy Code.
Section 523(a)(2)(A) of the Bankruptcy Code17 provides:
(a) A discharge under section 727 . . . of this title does not
discharge an individual debtor from any debt .
. .
(2) for money, property, services, or an extension, renewal, or
refinancing of credit to the extent obtained by (
A) false pretenses, a false representation, or actual
fraud, other than a statement respecting the debtor's or an
insider's financial condition;
To establish that a claim is excepted from discharge for false representation under this
subsection, the creditor must prove the following by a preponderance of the evidence:
"The debtor made a false representation; the debtor made the representation with the
intent to deceive the creditor; the creditor relied on the representation; the creditor's
reliance was [justifiable]; and the debtor's representation caused the creditor to sustain a
loss."18 Discharge may also be denied based upon false pretenses ("implied
misrepresentations intended to create and foster a false impression"19) or actual fraud
("when a debtor intentionally engages in a scheme to deprive or cheat another of property
17 11 U.S.C. § 523(a)(2)(A). Future references to Title 11 in the text shall be to the section only.
18 Fowler Brothers v. Young (In re Young), 91 F.3d 1367, 1373 (10th Cir. 1996).
19 Bank of Cordell v. Sturgeon (In re Sturgeon), 496 B.R. 215, 223 (10th Cir. BAP 2013).
Case 13-06004 Doc# 32 Filed 11/21/13 Page 10 of 19
or a legal right"20). The Tenth Circuit has held that if there is a duty to disclose, failure to
do so constitutes a "false misrepresentation" or "false pretenses" under § 523(a)(2)(A).21
The Tenth Circuit BAP, further refining the concepts, has observed that "[u]nlike false
representations, which are express misrepresentations, false pretenses include conduct
and material omissions."22 A debtor's intent to deceive the creditor when making the
false representations need not be proven directly; it may be inferred from the totality of
the circumstances or from a knowingly false statement.23 The creditor seeking to except
its claim from discharge has the burden to prove its case by a preponderance of the
II. Plaintiff's theories.
In its closing argument, Plaintiff presented three alternative theories of fraud or
misrepresentation for purposes of § 523(a)(2)(A). The first is premised upon Debtor's
contention that all rugs consigned to Debtor by Bokara before the May 2, 2008 fire and in
her possession on the date of the fire, with the exception of those rugs re-consigned by
Debtor to local businesses and later returned to Bokara, were destroyed in the fire.
Bokara alleges that Debtor's failure to insure the consigned rugs as required in the
20 Id.
21 In re Young, 91 F.3d at 1374.
22 In re Sturgeon, 496 B.R. at 223.
23 In re Young, 91 F.3d at 1375.
24 Id., 91 F.3d at 1373.
Case 13-06004 Doc# 32 Filed 11/21/13 Page 11 of 19
Consignment Agreement and the security agreement was a false representation or a false
pretense which caused its loss. The second theory is that fewer than all of the Bokara
rugs consigned to Debtor before the fire and in her possession on the date of the fire were
destroyed in the fire and that Debtor fraudulently sold the salvageable rugs and failed to
account to Bokara for the sale proceeds. The third theory is that Bokara's claim is
nondischargeable because Debtor fraudulently concealed the fact that Bokara rugs were
damaged and destroyed in the fire and the concealment caused loss to Bokara. The Court
will examine these alternatives and the related additional elements required for exception
from discharge.
III. Bokara's claim is not excepted from discharge based on the theory that
Debtor's failure to insure the consigned rugs was a false representation or false
The Court finds Bokara's first theory of recovery, fraudulent failure to purchase
insurance, insufficient for denial of discharge. The Consignment Agreement and the
Security Agreement both required Debtor to insure the consigned rugs. The rugs were
not insured. As stated in the Findings of Fact, Debtor testified that she didn't remember
the "insure part" of the Consignment Agreement, but "I guess I signed it. But I never
thought I will have a fire to lose it completely, so I just – okay." Bokara's counsel
responded, "so if you never thought that you would ever have a fire, was there ever any
intention on you getting an insurance policy?" Debtor answered, "I guess not."25 Later
25 Tr. 9, 4-12.
Case 13-06004 Doc# 32 Filed 11/21/13 Page 12 of 19
Debtor answered "right" to the statement by Bokara's counsel that "you didn't really have
any intention of ever entering into those insurance agreements as you represented to
Bokara."26 On cross examination by her own counsel, Debtor testified that she "wanted
to get insurance but it was too expensive," but she was not "lying" to Bokara.27 The
Court finds Debtor's response to questioning by Bokara's counsel creditable and not
rebutted by her testimony on cross-examination by her own counsel.
The Court finds that Debtor's failure to obtain insurance was a false pretense for
purposes of § 523 (a)(2)(A). It was conduct that falsely led Bokara to believe that the
rugs were insured. Debtor's testimony also establishes that the false pretense was
intentional. Debtor knew when she entered into the Consignment Agreement that she did
not have and would not purchase the required insurance but nevertheless accepted rugs on
consignment. Bokara when shipping rugs to Debtor on consignment relied upon the false
But Bokara has not proven that its reliance was reasonable. The Consignment
Agreement provided Debtor would furnish Bokara with a Certificate of Insurance, which
she did not do. Bokara never requested the certificate but merely assumed the insurance
had been obtained. In general, Bokara and Debtor did not abide by the operational
provisions of the Consignment Agreement. It appears that Debtor did not maintain the
records required or promptly forward the price of a rug after sale to a customer. It was
26 Tr. 11, l6-19.
27 Tr. 50, 2l-22 and Tr. 51, 1.
Case 13-06004 Doc# 32 Filed 11/21/13 Page 13 of 19
not reasonable for Bokara to assume Debtor purchased insurance as required by the
documentation when it did not request the certificate of insurance or generally require
strict adherence to the operational terms of the Consignment Agreement.
IV. Bokara's claim is not excepted from discharge based upon the theory that
rugs consigned to Debtor before the fire were sold by her after the fire.
The Court finds Bokara's second theory of recovery, fraudulent sale of consigned
rugs after the fire, insufficient for denial of discharge. Bokara has not sustained its
burden of proof to establish that Bokara rugs consigned before the fire were sold by
Debtor after the fire. Bokara did establish that Debtor sold approximately $600,000 of
rugs during the four and a half years after the fire, when she acquired far less than
$100,000 of rugs from Bokara, her largest supplier. Debtor provided no explanation of
the source of the inventory, other than to testify that Bokara was not her only supplier.
Debtor vehemently denied that any Bokara rugs were salvaged. She testified that she
rejected the offer of ServiceMaster to restore the water damaged rugs because of cost and
lack of guarantee that the restoration would be successful. Nevertheless, the inference
that rugs shipped by Bokara before the fire were sold is strong.
But assuming, without deciding, that the inference of sales outweighs Debtor's
denial, there is no evidence as to how many rugs were sold and for what price. This
failure destroys Bokara's ability to sustain its burden of proof as the amount of harm
caused by the allegedly fraudulent sales.
Case 13-06004 Doc# 32 Filed 11/21/13 Page 14 of 19
In addition, the Court has difficulty in identifying a misrepresentation or false
pretense on which Bokara relied under this theory for denial of discharge. It appears to
the Court that this theory of recovery is really a claim of failure to either return consigned
rugs or remit proceeds from the sale of consigned goods. It is the theory which Bokara
alleged in the lawsuit filed in New York and the claim about which it negotiated with
Debtor in September 2009. It was Bokara's theory of recovery before it knew of the fire
at Debtor's home where the consigned rugs were sold. It is not grounds for denial of
V. Bokara's claim against Debtor is nondischargeable under § 523(a)(2)(A)
based upon her concealment of the fire and resulting damage to the consigned rugs.
The Court finds Bokara's third theory of recovery, fraudulent concealment of the
fire, sufficient for denial of discharge. Although this theory was not included in the
pretrial order, as were the first and second theories discussed above, Debtor did not object
when during closing arguments Bokara added this third theory of recovery.
At the time of the May 2, 2008 fire, Debtor was in possession of Bokara's property
under the terms of the Consignment Agreement. That agreement established a
consignment arrangement which involved the delivery of rugs to Debtor for the purpose
of finding a buyer, whereby title to or ownership of the consigned rugs moved or passed
directly from Bokara to the buyer, without ever moving to or passing through Debtor.28
Under the common law, Debtor had a duty to promptly inform Bokara when Bokara's
28 32 Am.Jur.2d Factors and Commission Merchants § 1, available on Westlaw at 32 Am.Jur.2d
Factors and Commission Merchants § 1 (data base updated August 2013).
Case 13-06004 Doc# 32 Filed 11/21/13 Page 15 of 19
property was damaged by the fire. It is the duty of a consignee to give the consignor "all
necessary and useful information relating to the consignment."29 Stated more precisely,
"[i]t is the duty of the [consignee] to inform the [consignor] of all facts or circumstances,
relating to the consignment, which may make it necessary for the consignor to take
measures for the protection of his or her interests."30 The security agreement required
Debtor to give notice of damage to the collateral.
The Tenth Circuit held in Young that when a debtor has a duty to disclose
information to its creditor, failure to disclose the information is a false representation or a
false pretense for purposes of § 523(a)(2)(A). In that case, the debtor was a lawyer who
entered into a business relationship with his client, resulting in a promissory note which
the client sought to have determined nondischargeable. With respect to the element of §
523(a)(2)(A) that the debtor made a false representation, the Circuit held that there were
two "false representations or false pretenses - (1) debtor's failure to make disclosures
required of attorneys entering into business transactions with clients by the applicable
rules of professional conduct; and (2) failure to disclose potential conflicts of interest31 .
In this case, Debtor had a duty to disclose to Bokara the damage by fire to the consigned
29 Id. at § 10; see Holzer v. Tonka Bay Yachts and Marine Sales, Inc., 386 N.W.2d 285, 287-88
(Minn. App. 1986) ("A consignee, also known as a factor, is bound to exercise the utmost good faith and
loyalty to his principal, the consignor. A consignee must therefore provide his principal with all
necessary and useful information relating to the consignment and has a duty to account to the consignor
within a reasonable time or upon a reasonable demand.").
30 35 C.J.S. Factors § 34, available on Westlaw at 35 C.J.S. Factors § 34 (data base updated
September 2013).
31 In re Young, 91 F.3d at 1374-1375.
Case 13-06004 Doc# 32 Filed 11/21/13 Page 16 of 19
rugs. At most she disclosed a fire in her home, in a manner which did not convey to
Bokara that there was damage to Bokara's property. Debtor's failure to promptly disclose
the fire damage was a false pretense under § 523(a)(2)(A).
The circumstantial evidence convinces the Court that Debtor's failure to disclose
was made with intent to deceive Bokara. The failure lasted for over four years - from the
date of the fire in May 2008 to very recently, which the Court understands to be during or
shortly before the commencement of Debtor's bankruptcy proceedings. Notice was not
given immediately after the fire. Even in September 2009, after suit had been filed
against Debtor in the New York courts for payment for the consigned goods which had
not been returned, Bokara was not informed of the fire or damage to the inventory during
the negotiations to suspend the litigation and resume consignment shipments. Yet,
according to Debtor's testimony, the fire was the reason rugs were not returned or sold; in
other words, the reason for the outstanding balance due. It would stretch common sense
to find that the continued concealment of the event central to Debtor's inability to honor
her commitments to Bokara was anything other than intentional.
There is no doubt that Bokara relied upon the absence of knowledge of the fire. It
did not make a claim under its own $10 million insurance policy. It made a consignment
shipment to Debtor on June 13, 2008, less than one month after the fire. It negotiated a
plan for payment of the balance for the unsold consignment rugs in September 2009 and
made two small consignment shipments thereafter. Mr. Soleimani testified that Bokara
Case 13-06004 Doc# 32 Filed 11/21/13 Page 17 of 19
would not have made the shipments or agreed to the payment plan if Bokara had known
that Debtor did not have the previously shipped inventory available for sale.
Bokara's reliance was reasonable. A reasonable consignor would assume that a
consignee would inform it of damage to consigned goods. Bokara did not know that
Debtor operated her business out of her home, so it was reasonable for Bokara to assume
that its property was in tact, even with notice to Bokara that Debtor's residence was
Finally, the concealment of fire caused Bokara's loss of $64,461.27.32 Because of
the concealment, Bokara was deprived of the opportunity to examine the damage soon
after the fire, to identify the Bokara rugs that were involved, to determine if the rugs were
salvageable, and to present a claim to Bokara's insurance carrier. Because of the
concealment, Bokara made consignment shipments to Debtor on June 13, 2008,
September 25, 2009, and September 30, 2009. The balance due for these shipments is
$24,406.42, which amount is included in the $64,461.27 claim. Because of the
concealment, Bokara negotiated a payment plan with Debtor (which she did not honor)
and delayed pursuing its litigation to collect the amounts owed as of May 2008,
$40,054.84 of which is included in Bokara's $64,461.27 claim.
32 As previously stated, Debtor stipulated that Bokara's cliam is $64,461.27.
Case 13-06004 Doc# 32 Filed 11/21/13 Page 18 of 19
The Court therefore determines that Bokara's claim against Debtor for $64,461.27
should be excepted from discharge under § 523(a)(2)(A) based upon Debtor's deceptive
concealment for approximately four and a half years of the fire damage to Bokara's rugs
which were consigned to Debtor. The Court finds that Bokara's alternative theories of
recovery, based upon Debtor's failure to insure the consigned rugs and Debtor's alleged
sale of rug inventory which she claims was damaged in the fire, are denied. Bokara did
not meet its burden of proof to establish the elements for exception from discharge under
§ 523(a)(2)(A) with these theories.
The foregoing constitute Findings of Fact and Conclusions of Law under Rule
7052 of the Federal Rules of Bankruptcy Procedure which makes Rule 52(a) of the
Federal Rules of Civil Procedure applicable to this proceeding. A judgment based upon
this ruling will be entered on a separate document as required by Federal Rule of
Bankruptcy Procedure 7058 which makes Federal Rule of Civil Procedure 58 applicable
to this proceeding.
Case 13-06004 Doc# 32 Filed 11/21/13 Page 19 of 19
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Left-handed facts: whoever said there weren't advantages to being a leftie?
The life of the left-handed is not always very straightforward. Social stigmas still prevail, and many everyday tasks that are easily performed by a right-handed person are difficult for a leftie. With only 7-10 % of the population on their side, left-handed people tend to be male, which means that left-handed females are truly special!
Some interesting left-handed facts:
- are able to adjust their eyes more easily underwater than their right-handed counterparts. Jolly handy (!) if you love to swim or dive. Scientists believe this has something to do with a different part of the brain being more dominant in left-handers.
- are more successful at passing their driving test than right-handers. In a poll taken by driving schools, found that 57% of left-handers passed their test first time compared with 47% in right-handers. Considering cars are designed with the needs of right-handers in mind, this is an interesting result!
- spend less time queuing. Studies show that most people veer to the right if there are multiple queues to choose from. Lefties however, tend to choose the queue on their dominant side. A Disneyland guidebook even suggests that visitors will spend less time standing in line for attractions, if they choose the left-hand side when given the option!
- are faster typists. On a standard keyboard, there are approximately 3400 words that can be typed uniquely with the left hand, compared to about 450 words typed solely with the right!
- are more likely to have a prominence in the music and the arts than language. Research has revealed that left-handed university students are more likely to gain a degree in visually-based, as opposed to language-based, subjects. In one small study 47% of art students were left-handed or ambidextrous. This is probably due to the right side influence of the brain. This potentially puts left-handers in a creatively advantageous position along with many of the great artists of our time, like Leonardo, Michelangelo, Raphael and Rembrandt, Pablo Picasso and musicians/composers such as Bach, Pablo Casels, Jimi Hendrix and Mark Knopler.
- are more able to multitask. One of the advantages of being left-handed is that it forces your brain to act more quickly. What this means for everyday life is that those who are left-handed may find it easier to manage large, more random streams of information. Researchers found that connections between the left and right sides of the brain happen faster in left-handed people. The more dominant the left-handedness is, the better these abilities appear to be.
- have a greater chance of being a genius. Researchers aren't sure why, but those who are left-handed seem to make up a disproportionately large part of those who are highly intelligent. For example, 20% of all Mensa members are left-handed. When you consider that less than 10 % of the total population is left-handed, this means there are many clever lefties out there! Some think this genius stems from being forced to use both sides of the brain more often, allowing left-handers to more easily process a large amount of information. Some notable leftie clever clogs include Issac Newton, Benjamin Franklin and Albert Einstein, as well as 4 out of the 5 original Mackintosh designers.
Left handed facts and the science bit..
Being left-handed affects the way a person thinks. One theory divides left- and right-handed thinkers into two camps: visual simultaneous vs. linear sequential. According to this theory, right-handed people are thought to process information using a linear sequential method in which one thread of thought must complete its processing before the next thread can be started. Left-handers are thought to process information using a visual simultaneous method in which several threads can be processed simultaneously. Imagine there were one thousand red buttons, but one of them was coloured blue. Right-handed people (using the linear sequential processing style) would look at the buttons one at a time until they encountered the blue one. The left-handed person would spread out the buttons and look at all of them to find the one that was blue. A side effect of these differing styles of processing is that right-handers need to complete one task before they can start the next. Left-handers, by contrast, are capable and comfortable switching between tasks.
The left hemisphere (right handed control) controls speech, language, writing, logic, mathematics and science. This is the linear sequential mode.
The right hemisphere (left handed control) controls music, art, creativity, perception, spatial awareness, emotions and other forms of abstract thinking. This is the visual simultaneous mode
Photo credit: wikimedia commons
Are you or a member of your family left handed, what have you noticed that differentiates you as a left-hander to those of the right -handed community? Do you have some interesting left-handed facts to add to our list? Good or bad, we'd love to hear your comments on this topic!


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SyFy announced on Jan. 28, that "Haven" would be renewed for a fifth season with an order of 26 episodes. SyFy plans on airing the first 13 episodes in the fall of 2014 and the second 13 episodes will air in 2015. The filming is set to begin this spring in Nova Scotia.
This is great news considering that the entire fourth season of "Haven" only had thirteen episodes total.
Season four of 'Haven" had an average of 2.3 million viewers, this is an increase of 3 percent and 11 percent in the 18-49 and 18-34 groups.
The show is loosely based on the novel by Stephen King titled, "The Colorado Kid" that was published in 2005. "Haven" was picked up as a show in 2010. It stars Emily Rose as Audrey Parker, Lucas Bryant as Nathan Wuornos and Eric Balfour as Duke Crocker.
The show airs on Friday evenings at 8:00 p.m..
Have you watched the show? Are you looking forward to the new season?
Many fans say that the evil Audrey is what brought fans back to the show? What do you think? Please comment below.
If you would like more information on me or my writings please visit me at Midnight Musings with Bertena.


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DNF REVIEW: Anno Dracula by Kim Newman
Anno Dracula (Anno Dracula #1) by Kim Newman
Titan Books (May 2011) | Paperback, 547 pages | Horror
Anno Dracula started off very promising. The mixture of Victorian England, real events and famous characters from history along with real-life people was enough of a draw for me to pick it up.
It looked as though the author was going to take Jack the Ripper's crimes and give them a paranormal twist, which I did find interesting. However, the story was very slow and didn't pick up any pace. Each chapter was more like a 'spot the literary character' or famous face. The author has kindly added a guide at the back identifying the characters, but it became tedious. I found myself constantly flicking to the back of the book every time a new character was mentioned , this ended up taking me out of the story more often than not and I found it hard to keep up with the story.
There was no way for me to fully engage with any of the characters and though there was some interesting backstory to Dracula, it wasn't enough to keep me reading. Even now I could not tell you anything about the lead characters except for what is already printed on the front cover. (The front cover of the book I read stated it to be in the style of a carnival side show, with the names of the characters and a brief description of what they were.)
I knew I was in trouble when I struggled to pick up the book in order to read any more. By 150 pages I called it a day and put it aside.
This isn't the first time I have read a book which attempts to imitate the writing style of the Victorian or Georgian writers, but it was too wordy for me. For a book that does manage to imitate these styles well, I would recommend Parasol Protectorate series by Gail Carriger. The first book in this series is Soulless.
A good premise that seemed to get bogged down with the details and trying to throw in as many famous faces, both fictional and real, into the mix.
Website | Facebook | Goodreads | Twitter
- Anno Dracula
- The Bloody Red Baron
- Judgement of Tears: Anno Dracula
- Andy Warhols Dracula


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Carroll County Panthers golf team met the Trimble County Raiders on the links at General Butler State Park and lost a close match 181 to 177.
Panthers scores include: John Michael Williams with the low Panther score at 42, Will Yager shot a 43, Jacob Meadows and Travis Ellis with a 49.
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With school barely in session a week, the Trimble County volleyball program has played two varsity matches, two junior varsity matches and one freshman match.
The Raiders have won all five.
"We have four returning (varsity) starters from last year," said Head Coach Ruth Staples, "so I expect great things for this team."
In varsity action, Trimble beat Owen County 25-10 and 25-14. Last Thursday, the varsity team traveled to Gallatin County and won 25-10 and 25-23.
TB Correspondent
The 2009 Trimble County Raiders football team got to strap up their pads and pull on their uniforms for some sparring during training camp at the high school last week.
It was the first time the uniforms had seen light since last year's team lost a playoff game against the No. 1 ranked Beechwood High School on Nov. 14. Beechwood eventually won the state championship.
The championship for the 8-year-old machine-pitch baseball All-Star Tournament came down to the wire on Aug. 8.
The tournament, hosted by Trimble County, included three teams playing five games. All three teams played each other and were seeded according to the final scores of each game.
The team that gave up the fewest runs in their two games was No. 1 seed; second fewest No. 2 and third fewest, No. 3.
Game One
A large but very young boys golf team has taken to the links and split the matches so far this year.
On Tuesday August 11 Henry Co took the first match of the year for the boys team by a team score of 177-197.
Henry County Rebel Glenn Raisor defeated Panther Travis Ellis 43-47,
Rebel Garrett Black defeated Panther Will Yager 44-48, Rebel Nathan Paris defeated Panther Jacob Meadows 45-49, Rebel Michael Wilson defeated Panthers Dakota Bickers and Nick Abbott 45-53-53.
Lyndsey Bevill dominated the field over the weekend at the Henry County Country Club Championships.
Bevill, a high school regional champion for Carroll County a few years back, held a six-stroke lead after the first day on Saturday, then stretched it to nine on Sunday for a 10-over-par 154. Paula McGlothin finished second at 163 and Samantha Woods was third at 166. Carolyn Adcock, who has won the club championship eight times dating back to 1999, finished tied for fifth at 170.
The Carrollton Lions Club has added a new event to the schedule of activities for this year's Carroll County Tobacco Festival. The organization is sponsoring its first 5K run and walk on Saturday morning, September 26, on Lock Road, starting and ending at the back entrance to General Butler State Resort Park. The course follows Lock Road 3.1 miles from the park to the Kentucky River.
In a tri-team match at Fairway Golf Course in Wheatley against Owen and Gallatin Counties, sophomore Quincy Hogan fired low round of the day with a 40 even though she had a few rough holes, head coach Jay Jones said.
Horses came out of the barns, the trailers and the woodwork to participate in the all night Carroll County Horse Show Saturday, August 8.
The horse show that had to be rescheduled after heavy rains postponed the July 25 event, finally got underway promptly at 7:00 p.m. and according to ring attendant, John Smith, the show was expected to go until the early hours of Sunday morning.
Participants came from many surrounding counties and included over 150 horses in the several events.
Expectations are running high this year for Carroll County soccer to have a break out year and put some wins in the book.
Head soccer coach Ben Crutcher carries the weight of a team that didn't win a varsity game last year and only had one tie game.
"I expect big things [out of the team] and I'm sure people are expecting big things out of me as well. We'll see what happens," Crutcher said in an interview during the Black and Gold scrimmage Friday, July 31.
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The Trimble Banner is your source for local news, sports, events, and information in Trimble County, KY and the surrounding area.


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Opinion 2.20 - Withholding or Withdrawing Life-Sustaining Medical Treatment
The social commitment of the physician is to sustain life and relieve suffering. Where the performance of one duty conflicts with the other, the preferences of the patient should prevail. The principle of patient autonomy requires that physicians respect the decision to forego life-sustaining treatment of a patient who possesses decision-making capacity. Life-sustaining treatment is any treatment that serves to prolong life without reversing the underlying medical condition. Life-sustaining treatment may include, but is not limited to, mechanical ventilation, renal dialysis, chemotherapy, antibiotics, and artificial nutrition and hydration.
There is no ethical distinction between withdrawing and withholding life-sustaining treatment. A competent, adult patient may, in advance, formulate and provide a valid consent to the withholding or withdrawal of life-support systems in the event that injury or illness renders that individual incompetent to make such a decision. A patient may also appoint a surrogate decision maker in accordance with state law.
If the patient receiving life-sustaining treatment is incompetent, a surrogate decision maker should be identified. Without an advance directive that designates a proxy, the patient's family should become the surrogate decision maker. Family includes persons with whom the patient is closely associated. In the case when there is no person closely associated with the patient, but there are persons who both care about the patient and have sufficient relevant knowledge of the patient, such persons may be appropriate surrogates. Physicians should provide all relevant medical information and explain to surrogate decision makers that decisions regarding withholding or withdrawing life-sustaining treatment should be based on substituted judgment (what the patient would have decided) when there is evidence of the patient's preferences and values. In making a substituted judgment, decision makers may consider the patient's advance directive (if any); the patient's values about life and the way it should be lived; and the patient's attitudes towards sickness, suffering, medical procedures, and death. If there is not adequate evidence of the incompetent patient's preferences and values, the decision should be based on the best interests of the patient (what outcome would most likely promote the patient's well-being).
Though the surrogate's decision for the incompetent patient should almost always be accepted by the physician, there are four situations that may require either institutional or judicial review and/or intervention in the decision-making process: (1) there is no available family member willing to be the patient's surrogate decision maker; (2) there is a dispute among family members and there is no decision maker designated in an advance directive; (3) a health care provider believes that the family's decision is clearly not what the patient would have decided if competent; and (4) a health care provider believes that the decision is not a decision that could reasonably be judged to be in the patient's best interests. When there are disputes among family members or between family and health care providers, the use of ethics committees specifically designed to facilitate sound decision making is recommended before resorting to the courts.
When a permanently unconscious patient was never competent or had not left any evidence of previous preferences or values, since there is no objective way to ascertain the best interests of the patient, the surrogate's decision should not be challenged as long as the decision is based on the decision maker's true concern for what would be best for the patient. Physicians have an obligation to relieve pain and suffering and to promote the dignity and autonomy of dying patients in their care. This includes providing effective palliative treatment even though it may foreseeably hasten death.
Even if the patient is not terminally ill or permanently unconscious, it is not unethical to discontinue all means of life-sustaining medical treatment in accordance with a proper substituted judgment or best interests analysis. (I, III, IV, V)


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text: On Mon, 2007-03-19 at 11:40 +0100, Patrice Dumas wrote: > On Mon, Mar 19, 2007 at 11:35:10AM +0100, Alexander Larsson wrote: > > > > I don't think this is largely different from creating them at login. > > Many dirs will be created at first login anyway (Desktop, Templates, > > maybe Public), and others will be created as you go. Seems very similar > > Why should those dirs be created? Because they would be created on use, and they are used at login. > > to the create-at-login approach except the code needs to be duplicated > > all over the place and the homedirectory is slowly modified over time > > instead of just once. > > It is very different for the user who want to keep control over their > desktop. If you want to keep control of your desktop its better to have them all initially and then clean them up to how you want them all at the same time. I.e. log in, remove or rename dirs, keep on with life. In a dynamic model you constantly have to keep a watch for newly created directories. > > While we scan the list of the users already configured directories we > > call stat() to see if they are stale, if so we reset it to something > > that is not stale. How is an if and a stat "magic". > > How do you distinguish between new directory to be created and directory > removed? Because a removed directory ios already in the config file, > and a directory to be added is not in the config file? Yes. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Alexander Larsson Red Hat, Inc alexl redhat com alla lysator liu se He's a suave white trash firefighter from the 'hood. She's a time-travelling red-headed mechanic in the wrong place at the wrong time. They fight crime!


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Teresa and Joe Giudice finally received some good news. After years of struggling with an ongoing bankruptcy case, the "Real Housewives of New Jersey" stars have finally settled their $13.5 million case.
According to a new report, the reality stars and parents of four girls can now move forward with life, concentrating on their next legal issue -- their fraud trial.
"The trustee in the bankruptcy filed the discharge papers on Aug. 27 in New Jersey — wiping $13,480,263.11 in debt from the reality TV stars' lives," Radar Online reported on Sept. 3, via court documents. "According to the documents, $15,000 worth of the couple's furniture and household goods were sold off by the trustee, but the Giudices were allowed to keep their numerous homes because the trustee found them to be of no value."
Teresa and Joe were also allowed to keep their cars, a 2007 Cadillac and a 2005 Maserati, as well as their motorcycle, a Kawasaki Quad.
"The case is fully have been properly accounted for as provided by law. The trustee hereby requests to be discharged from further duties as a trustee," the trustee, John W. Sywilok stated, via Radar.
Teresa and Joe are due back in court on Sept. 23, where they will receive their sentencing for crimes of fraud. Despite facing years behind bars, Teresa is reportedly "confident" she will evade jail time. Still, she faces up to two years behind bars, while Joe is facing four.
So far, it is unclear how much of the trial, if any, will be seen on "The Real Housewives of New Jersey."


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Mexico striker Javier Hernandez, right, vies for the ball with Jamaica defender Daniel Gordon during their World Cup qualifying match in Kingston, Jamaica, on Tuesday.Jun 06, 2013FULL STORY
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1CAL attendants go on strike
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4Tsai on first state visit; many dissatisfied over status
5CAL should be prepared for workers' strike: CAA


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Update 1/18/14: Titan is safe! Per the facility, he has been adopted.
A skeletal puppy in Winder, Ga., is facing the premature end of his life...
The pup, who is estimated to be six to nine months of age, is currently housed at the Barrow County Animal Control and if nobody adopts or rescues him by this afternoon, he will be destroyed tomorrow.
Titan is listed as a boxer/Labrador retriever mix and, judging by the appearance of his gaunt body, his short life has not been easy.
Titan weighs a mere 47 pounds - the bones in his body are far too prominent and his copper eyes seem to be wise beyond his young age.
Volunteers at the facility describe the emaciated puppy as friendly - the following information was shared about Titan:
Took Titan out of his pen today to stretch his legs and he is a total sweetheart. He was so happy to be out and was galloping around! He did his business right away. He was great with my kids. I walked him past another dog and he had no interest in that dog. Please help get him out of there.
Titan has until 4:30 p.m. on Tuesday for someone to save his life. Please take a moment to network his information, thank you.
Shelter information:
Barrow County Animal Control Shelter
616 Barrow Park Drive Winder, GA 30680
Department Contacts:
(770) 307-3012 Phone (they will not return long distance calls)
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In a society where technology and the Internet have become incredibly prominent elements of our daily lives, being able to program is akin to having a super power. In fact, a programmer is able to not only easily interact with cutting edge technology, but also to take advantage of said technology to transform pure thoughts into something as tangible and useful as software.
I would argue that there has never been a more exciting time for being able to program. While being a part of our industry back in the late seventies and early eighties must have been a very exciting time for programmers, I feel that what we have in our hands now is an even greater opportunity.
Today we are standing on the shoulders of giants, and are able to access amazing development tools, frameworks, and libraries – mostly for free thanks to the FOSS movement (and even some commercial powerhouses are now available in free versions).
Cloud computing gets rid of most upfront costs and allows us to scale our apps as the need arises. Mobile marketplaces enable us to target millions of mobile users. Documentation to help you learn how to program abounds in a myriad of media, from blog posts all the way to complete video tutorials.
In addition, programming support forums are becoming ever more amazing, thanks to initiatives like StackOverflow. As such, it's never been easier (or cheaper, for that matter) to create software that has a major impact on the world.
Even if you have the funds at your disposal to hire programmers to do all the work for you, learning (at least the fundamental basics of) how to program will make your job as a "product guy" considerably easier. Possessing this ability will allow you to better gauge the skill levels of those you're hiring, and then better communicate your ideas to them, and also understand what the limitations and technical challenges of a given implementation are.
As professional programmers it can be easy to forget how our skills are anything but common. This post is just a thought I wanted to share with those who are considering the possibility of becoming programmers, but haven't yet donned the proverbial cape and made the leap (or should I say, the single bound).
Photo credit: Julian Fong
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You're right Antonio, it's the era of hacking, programming and experimenting.
this is not the era of hacking, that was 20-30 years ago….
I beg to differ:
Yep, the majority of 'so called' programmers are basically kids with glue.
someone else did the hard work for them.
probably some 30-40 years ago.
No wonder you're alone in a boat. What a naive comment grandad.
Saying that is like saying people who invented computers were lame because they didn't invent electricity, they just used it. Technology is about progress and specialization. Nobody can be a master of all.
it will always be an era of hacking, just at another level! hacking means to tinker and learn. no one man can be expected to know all the technologies out there, that being said he will be a hacker first
hackers rock, they make things possible and fill the gap where others give up expecting to be spoon feed with how-to(s) docs
Jose, that depends on your definition of hacking as well as your abilities. I'm with Aminedigirep on this 🙂
Like Robert A. Henlein, I believe that "programming" is a basic life skill that every human should possess. Mind you, I'm God's worst programmer; but I can sorta-kinda-maybe get it done. And I'm always trying to (very slowly) learn SOMETHING.
I'd love to hear opinions about what NEW programmer-wannabes should study. If someone brand new wants to learn programming, what should they look at?
Agreed – in my opinion, programming is the new literacy. And we need to start teaching it better, and sooner.
I would agree! Programming should be taught in schools as we progress and not just be an option to pay for this education. I am currently learning C++ at Uni and its very expensive, but also some topics hard to grasp because I have no real foundation for it.
But in reply to the above comment "Javascript and HTML5" are NOT programming languages its Scripting!! I am very experienced with HTML, PHP and Javascript none of which are helping with my programming!
I would recomend small projects and plenty of books on the subjects it seems the more you do the more it sinks in and you can learn constantly trying different way of solving the same problems to find the best solution for the application.
Hey Jim,
I believe the most important thing on the route to be a good programmer is to keep learning. As you mentioned in your post, it will feel slow, but constant effort to learn new things is transforming your techniques and competence dramatically while you may think you are going slow. Imho, this is the most important quality and you obviously have it. Keep up the good work.
highercomputingforeveryone.com, amazing, amazing tutorial to start from absolute 0 understanding about programming. Im sure even some more experienced programmers could find something new
I've long regarded all kinds of creative skills as Powers to be sought out, honed, and heartily appreciated. Not just programming, but hardware hacking, screen printing, homebrewing, carpentry, painting, agriculture, sound engineering…
Take advantage of the resources available to us in the form of online information and community, and you've got your own Xavier's School for Gifted Children…
I am trying to teach my self as much C++ as possible before heading off to college and in turn I run into some 'tough spots' but, It's fun I can also say this learning to code has really helped my analytical skills . But I completely agree with you Caner, I think slowly learning something and actually understanding it is better then trying to rush threw and not actually grasping even the basic functionality of it.
Learning to program can be a truly transformative experience; I've done a lot of teaching (mostly C++) in the corporate world and just recently I had a student my own age (early 50's) who started in the 8-bit world like I did, and we shared some of the same memories of the sense of wonder and, well, "super"-ness that came from creating algorithms and then watching your very own computer executing that code at the rate of millions of instructions per second. I used to be mesmerized by "das blinkenlights" on my IMSAI 8080.
While you're probably correct about far greater power of contemporary software tools and environments, especially in conjunction with social networking, there's an aspect of what it was like in the mid 70's that will never be reproduced: when you donned that cape and performed those feats of computation back then, NO ONE KNEW WHAT THE HECK YOU WERE DOING unless you took a long time to explain it to them. I mean, even VAGUELY what you were doing, lol. To me, in several ways that was actually a blessing, as I didn't have to explain myself to someone who didn't even know how to formulate the correct questions. But it was also kind of lonely…
Leor – I blame you and your damned isanely excelllent BDS C compiler for my foray into programming :). It was a transformative product.
Your C compiler was my second transformative experience. My first was soldering up a microprocessor system I designed from the Signetics 2650 application notes and seeing it work and thinking that "crickey, these things are going to be in our washing machines, cars. I had better get busy".
As for this blog topic. I agree. Today is even more exciting.
Well thanks, that's one of the nicest things anyone has ever said about BDS C 😉
I had some interesting soldering experiences myself…I'd never picked up a soldering iron before assembling my IMSAI. So, new Weller Soldering Station (which I still have in working condition) in hand, I attacked the power supply first…what could go wrong with that, right? Plug it in and it smokes. Had the leads on the electrolytic caps reversed.
Next were the circuit boards: IC sockets, bags of resisters, capacitors, etc… did CPU board first (less stuff on it than the control panel). After turning it all on, dead as a doornail.
Brought the whole machine in to the Computer Mart in Orange County, where'd I'd bought it. Their tech was "The Computer Doctor". I got it back, working, along with a bill for $20. I learned later that the guy had spent 8 hours tracing down a solder bridge under an IC socket. He knew I was a high-schooler and basically did the work for nothing.
The "Computer Doctor"'s name? George Tate. 😉
Well BDS C was a very important part of the CP/M ecosystem for a while. I think it had a lot to do with the general takeup of C programming at that time. It was lightning fast compared to the others, and generated reliable code. Most of the BBS systems of the day were compiled with BDS C. I used your compiler at one time to write an assembler for a 6800.
There was an active homebrew community on this side of the Pacific (Sydney) during that time. We messed around a lot here with S2650s, 6800s Z80s. Euro bus kit was pretty popular too. Later on CP/M took off. I remember drooling over the ads in Byte magazine for S100 cards, Tarbell tape interfaces, ADM3A terminals and crap.
My day job at the time was fixing minis and super minis in the field. You should try changing the heads on a washing machine sized disk drive at a customer's premises after a head crash 🙂 . I kind of drifted into hardware design, communications controllers mainly and then software got to me and for the last 25 years have been solely a software developer.
Today there are so many tools and technologies available to explore that it truly is a wonderful time to be a programmer.
Excellent post, and I could not agree more. Without StackOverflow, it would have taken more than 500 hours to put together a site allowing the general public to review Canada's climate data:
Back in grade school (about 30 years ago) I was horrible with math. It was really boring to me, so I chose to NOT complete my homework! However, after I learned to program at home, on my Commodore 64 (Microsoft BASIC v2 and 6510 assembly language), I was suddenly able to breeze right through math.
After my experience, I believe that all children should be taught some form of programming or scripting as a logical thinking primer, before bothering with other subjects (math, chemistry, physics) that will actually be accelerated from that knowledge.
Sorry, but I have to disagree with the idea of this being an 'exciting time' to program. It's not. It's duller than it's ever been, and I've been doing this since the mid-70s.
Why? Well, the bar to entry is very low now, because all the super dev tools have meant you need to understand very little in order to get a result.
Companies have commodified the profession, treating us like interchangeable cogs (easier to manage than the prima donnas we once were, granted).
Bottom line – I actively discourage you people from joining the profession, largely because it's become so boring during my lifetime that I can't imagine what it will be like in another 30 years.
On the other hand, I do believe that internalizing logical thought and understanding problem decomposition are key life skills.
Please, feel free to censor my "colourful" language, if it is not "civil" enough, but I just couldn't take it anymore!
"As professional programmers it can be easy to forget how our skills are anything but common."
Typical programmer bullshit.
I'm so fed up with this shit. Programmers must be the most full of shit people ever. It's like the rest of the world (medics, engineers, firefighters, bakers, quantum physicists etc.) is made up of losers that do some shitty jobs that any programmer can ace. Wrong!
Stop being so full of yourselves!
Oh, and by the way, for the ones that will find my message offensive, I must say that I am also a programmer. I love coding. I'm just not that full of myself.
100% agree with your comment!
RRR and Bilco have it right. Corporate Programming is just a crappy desk job now. The techniques, processes and procedures have been formalised to the stage that we are just production workers, and the software environment takes away all the need for real in-depth knowledge.
There is no such thing as software – there is only hardware in different states.
RNW, RRR and Hershal have it nailed. Job requirements through agencies are can you use this framework, this language, this new version of .NET, can you use this particular flavor of SQL. All of these questions asked by someone who would probably take a lot of convincing that a hard drive is not a computer case.
SQL is prety much SQL and there is never anything that cant be learned in the new version of .Net. There is a new and even more bloated web framework out every few months and websites are slowly becoming facebook pages.
I agree that programming is a great skill, but don't forget about the IT guys, the networking guys. I am one for a medium sized software company, and those guys would never get any programming done if I wasn't there to fix there computers for them, get them on the network, and set up their servers. Being elite in Linux makes you a digital super hero, a cybermancer, a techno-mage…
well said Antonio ! programming is a super power and this is the best time for programmers bcos they easily got help from internet and googling……….
Computer is one of the tools that human being created. They use tools to extent their natural capabilities in both physics and thought. Basically people invent, make, and use tools for two reasons. First, tools make it possible for people to do things that were originally impossible for them to do due to the human body and brain natural limitations. Second, tools help them to do thing much faster with much less cost, less danger.
Programming language, just like human language, is an extension of expression of thought. Programming, like speaking, is expressing of what you are thinking. Therefore, a program is a product of ideas.
Being able to use an application in an iPhone or a PC is like being able to drive a car. While being able to programming, is like being able to make a car. With the same manufacturing capability, you could be able to make a space shuttle, and nuclear power plant, or whatsoever. As a MS .NET programmer like me, I am just a worker at a work station of an assemble line to operate a giant monster of robot.
Hi Antonio,
I can agree with you that programming could be a super power, but what I would add is that "with great power comes great responsibility".
Often programmers loose the perspective on real world.
Programming is so hardly, studying…
[…] I'm going to skip the part in which I motivate you by telling you why learning to code is a great idea and akin to acquiring a super power. […]
[…] the part in which I motivate you by telling you why learning to code is a great idea and akin to acquiring a super power […]
I sincerely welcome and appreciate your comments, whether in agreement or dissenting with my article. However, trolling will not be tolerated. Comments are automatically closed 15 days after the publication of each article.


text:
How to Dismiss the Keyboard when using a UITextView
Oddly this was more tricky then I would have thought … perhaps for a veteran Cocoa developer this would have been obvious, but for the rest of us struggling to get rid of the keyboard on a UITextView here is the secret sauce …
The short answer is to send the UITextViewController the "resignFirstResponder" message … the trick however is when to send the message. In my case, and I assume it would be the same for others, is to listen for any changes to the text in the UITextView and if the carridge return character '\n' is detected then send the "resignFirstResponder" message to the UITextView.
Step 1. The first step is to make sure that you declare support for the UITextViewDelegate protocol. This is done in your header file, as example here is the header called
1 2 3 4 5 6 7
@interface EditorController : UIViewController { UITextView *messageTextView; } @property (nonatomic, retain) UITextView *messageTextView; @end
Step 2. Next you will need to register the controller as the UITextView's delegate. Continuing from the example above, here is how I have initialize the UITextView with EditorController as the delegate …
1 2 3 4 5 6 7 8 9 10 11
- (id) init { if (self = [super init]) { // define the area and location for the UITextView CGRect tfFrame = CGRectMake(10, 10, 300, 100); messageTextView = [[UITextView alloc] initWithFrame:tfFrame]; // make sure that it is editable messageTextView.editable = YES; // add the controller as the delegate messageTextView.delegate = self; }
Step 3. And now the final piece of the puzzle is to take action in response to the "shouldCahngeTextInRange" message as follows:
1 2 3 4 5 6 7 8 9 10 11 12 13 14
- (BOOL)textView:(UITextView *)textView shouldChangeTextInRange:(NSRange)range replacementText:(NSString *)text { // Any new character added is passed in as the "text" parameter if ([text isEqualToString:@"\n"]) { // Be sure to test for equality using the "isEqualToString" message [textView resignFirstResponder]; // Return FALSE so that the final '\n' character doesn't get added return FALSE; } // For any other character return TRUE so that the text gets added to the view return TRUE; }
35 comments
since reading icodeblog.com I add this code the .m controller
-(BOOL)textFieldShouldReturn:(UITextField *)theTextField {
[txtName resignFirstResponder];
return YES;
thanks for suggestion but it will work till we are not pressing return so only one line can be added at a time. It will not work while we want to add 5-6 line in text view. so what is the solution for multi line entry?
Your point is correct. If you need to be able to add '\n' characters then you will need to add a Cancel/Done button somewhere on your UI. I typically use the UIButtonBarItem class to create buttons for the left and right sides of the Nav Bar. I only add them when the text view becomes firstResponder.
thanks for reply. can you provide me the sample code for the UIButtonBarItem class to create button for left and right of Nav Bar and to add them when text view become first responder.
Hi, thanks for the tutorial. I am using the same method to see how many rows are in a textView. If the user presses return then the '\n' is sent and it puts the textView on the next row however, if the text is wrapped it moves to the next line without sending a '\n'. You know of any way I can detect when that happens?
That is a little more of a challenge. Offhand I'd suggest that you listen for keystrokes, and upon each stroke, calculate the pixel length of the string. Using this information you could determine how many lines are rendered (wrapped or otherwise).
For more information of calculating String width and height take a look at this tutorial …
I ve been searching all kinds of blog for this keypad dismissal (It comes as a welcome sign to see but to get rid of it…….. hmmm breaks ones neck). In my case i have 3 textfields and one of them i enter numbers. For the number keypad or the phone keypad there is no DONE button! How to get rid of it. For text entry the code given in iphone101 and (#Bug) does work but for this number case i am stuck. In one blog i read that i should add a button and assign it to the TextField "DidEndOnExit" event. I did that but once i try to see which is the first responder it does not work….. Here is the code
//This works in a stupid fashion
-(IBAction) getRidofResponder : (id) sender{
[FirstTextField resignFirstResponder];
[SecondTextField resignFirstResponder];
[ThirdTextFieldPhoneNumber resignFirstResponder];
//This does not work
-(IBAction) getRidofResponder : (id) sender{
if([FirstTextField isFirstResponder])
[FirstTextField resignFirstResponder];
else if([SecondTextField isFirstResponder])
[SecondTextField resignFirstResponder];
else if([ThirdTextFieldPhoneNumber isFirstResponder])
[ThirdTextFieldPhoneNumber resignFirstResponder]
Any help on this????? Is there another better way of solving this issue?
Set up notification for the key press and then just check to see if it is a \n and resign.
In viewDidLoad
[[NSNotificationCenter defaultCenter] addObserver: self selector: @selector(textViewKeyPressed:) name: UITextViewTextDidChangeNotification object: nil];
and then
-(void) textViewKeyPressed: (NSNotification*) notification {
if ([[[notification object] text] hasSuffix:@"\n"])
[[notification object] resignFirstResponder];
@maxfiresolutions I am surprised that the second example didn't work for you. I've not had a reason in my applications to test for isFirstResponder so I can't say for sure that you are using it correctly.
One thing you could do is register a delegate for the event that is generated when the UITextField becomes FirstResponder and associate the "active" TextView with some instance variable. That way when you need to resignFirstResponder you don't need to test … just use the instance variable.
Another place to look is at tapping into the NSNotificationCenter. I suspect there is an existing event you can register to receive in just such a case.
very neat. Solved my problem instantly. Thanks.
ah this is great – worked for me, 'cept I skipped the middle chunk of code (delegate part) and provided the connection in dreamweaver, I mean Interface Builder (referencing outlet of files owner delegate connected to the text view).
Thank You for this excellent post!
This never worked for me. I declared the hosting view controller to be the text view's delegate, and added the method as shown. This method never gets called. Perhaps you assumed some other step that I am not aware of.
Be sure to include the protocol after the UIViewController subclass interface header file.
Be sure to include the UITextViewDelegate protocol after the UIViewController subclass interface header file.
Anyone know of good method and/or spot that can be used to save the text if/when the UITextView's keyboard is dismissed?
To answer my own question…this worked:
// Save the users comment
– (void)textViewDidEndEditing:(UITextView *)textView{
NSLog(@"textView.text: %@", textView.text);
Just be sure you have implemented the UITextViewDelegate protocol in your .h file.
Thank you so much for this tip! Very useful!
Right on thanks soo much! Worked like a charm.
Thanks very much for this trick. I've been searching and searching for how to get the keyboard to dismiss on the "Done" button. This seems like a bit of a hack, but at the same time, it allows for the most flexibility of behavior so I can see why it doesn't automatically dismiss.
Thanks again!
This is how i did it and it works just fine,
– First register for keyboradDidShow notification(in viewDidLoad):
– have a button show up right above the end of the keyboard when the keyboard is shown(implemented in the notification)
– add target to that button so that it discards the keyboard by sending the resignFirstResponder message to the text view.
– also remove the button from the super view in the target method and it looks like the button is showing up with the keyboard. cheers.
– (void)viewDidLoad
[[NSNotificationCenter defaultCenter] addObserver:self selector:@selector (keyboardDidShow:) name: UIKeyboardDidShowNotification object:nil];
-(void) keyboardDidShow: (NSNotification *)notif
NSLog(@"keyboard did show");
hideKeyboardButton = [UIButton buttonWithType: UIButtonTypeCustom];
hideKeyboardButton.frame = CGRectMake(250, 173, 70, 30);
[hideKeyboardButton setTitle:@"Cancel" forState: UIControlStateNormal];
[hideKeyboardButton setBackgroundImage:[UIImage imageNamed:@"button.png"] forState: UIControlStateNormal];
[hideKeyboardButton addTarget: self action:@selector(hideKeyboard) forControlEvents: UIControlEventTouchUpInside];
[self.view addSubview: hideKeyboardButton];
-(void) hideKeyboard
[hideKeyboardButton removeFromSuperview];
[yourTextView resignFirstResponder];
This worked for me as the UITextView was being used so someone could add notes, (attribute for an entity in core data). I could not assume they would let the text wrap but they might wish to use a newline. Therefore the return key had to function as default. cheers
thanks for great tip.helped me a lot
Great work Man. U deserve kudos . Hoping 2 see some more code from your side. Thanks a lot !!!!
This works very well for me and requires view little coding
– (void)touchesEnded:(NSSet *)touches withEvent:(UIEvent *)event {
NSLog(@"User touched");
UITouch *touch = [touches anyObject];
if ([textView isFirstResponder] && [touch view] != textView) {
NSLog(@"The textView is currently being edited, and the user touched outside the text view");
[textView resignFirstResponder];
How do you make it so when you tap done it will also retract the keyboard
thank you thank you thank you thank you thank you thank you thank you thank you
This is a very nice article for iphone application developers and It saved my time of development.
Thanks to write a nice article and post it on your blog publicly.
Great!! Thanks a lot, solved my problem in 5 minutes….
Really appreciate this and Thanks also go to those commenting, some very useful stuff there!
Thanks. Best wishes to you.
Thanks a lot,
here i found everything that i expected. Solve my probleme in only 10 minutes.
Keep writing article like that, very helpfull.
I was actually stuck with this problem today…..got the solution….thanks alot
This works like a charm thank you.
Nice Example ,, Its working for me nice… :)


text:
Any one have any Easter crafts they can share?
Any one have any Easter crafts they can share?
Mommy to 2 boys!!
"I cringed. I think I cringed so hard I did some kegels." ~Aquaani
We're putting a stuffed animal, some board books about Easter and spring, playdough and one chocolate item (either a bunny or an egg). I'm still searching for age appropriate crafts and wondering what ideas others have too!
Jean (38) DH (34)
Mom to Patrick James born April 15, 2011, joined our family May 24th 2011 through semi-open adoption
I might put a couple of peeps in a couple of plastic eggs. That's about it for candy. I am planning on a couple of small toys for her easter basket & then the eggs with a Peep inside. I'm getting her the elephant family for her Fisher Price Talking Zoo - I might see if I can find plastic eggs big enough to put those in, and then Fisher Price also has a Finding Nemo stackable bath toy.... She love Nemo right now.
That's about it. We'll probably color and "hide" some real eggs too. I'm just worried about the dogs eating them all.
haven't given it too much thought yet. i know i will put a chocolate bunny. maybe a small toy or book. she does not need anymore stuffed animals! lol.
Love the towel idea! The less candy, the better. My older girls never ate much of the candy that was put in their baskets in the past, so I have started putting at most 3 candy items in their baskets. This year, though, my 3yr old will not be allowed candy items because of her recently diagnosed allergies. The rest of the basket is a hodgepodge of items such as: books, art supplies, socks, jewelry (not expensive stuff), undies, hair accessories, movie, silly straws, sandals for the upcoming summer season, etc...
You could probably find a lot of fun, non candy options for the littles on Pinterest...or google.
Randi, US Army wife and Mom to 4 lovely ladies!
Christy Victoria born 4/19/2011 My triple rainbow baby.
Katie Elizabeth born 7/7/14 Another rainbow
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text:
By NEMCC Media Relations
BOONEVILLE – Northeast Mississippi Community College women's basketball head coach Brian Alexander signed his first player of the 2012-13 signing class at Belmont High School on Monday, April 16.
Alexander inked the Lady Cardinals guard/forward Angelia Allen on Monday morning in a signing ceremony that was held in honor of Allen's commitment to play for the Lady Tigers next season.
"I am so excited today to sign such a great person that comes from such an outstanding program as this," Alexander said.
"She has been well coached under Belmont's head coach Chris Higginbottom and that has shown by their winning tradition. I know she will bring that same winning attitude with here to Northeast!"
Winning has been all that Allen has known while playing at Belmont. Over four years on the court for the Lady Cardinals Allen has scored 1687 total points in 136 games and averaged 12.4 points per game.
Allen was selected for numerous honors during her four year tenure at Belmont.
As a sophomore, Allen helped lead the Lady Cardinals to the Class 3A State Championship by averaging seven points per game, two steals, and four rebounds and was selected to the All-District and All North-Half teams during the 2009-10 campaign.
During her junior and senior years Allen continued to add to her list of accolades with accomplishments such as being selected to the Class 3A All-State Team, being selected to play in the Mississippi Association of Coaches North verses South All-Star game and was named to the Northeast Mississippi Daily Journal Top Ten Players list in her last two season as a Lady Cardinal.
Allen was also named Class 3A All-District and All-North Half teams and was selected by her peers as the "Best Defensive Player", "Best Offensive Player", and was earned the "Most Rebounds Award" for the 2011-12 season.
Allen polished off her resume by helping bring home another State Championship to the city of Belmont by leading the team in scoring by averaging approximately 20 points per game with six boards, two blocks, and two assists.
"I am glad to be moving on and this is a big day," explained Allen. "I felt like Northeast was where I needed to be and I really like their head coach. He reminds me of my high school coach so . . . it is a good thing!"


text:
Inspiring speaker: Christy Harpold, school social worker, and Theresa Kuntz, both from J.B. Stephens Elementary, took the time to thank Scott Swan, Channel 13 news anchor, for being the keynote speaker at the Greenfield Central School Foundation's Red Letter Gala in September. He delivered an inspiring message about the importance of education, noting that his mother and grandfather were both educators. He also shared two of his most memorable feature stories, one of which was about Josh Bleill, who lost both legs from a roadside bomb yet continues to show perseverance, as well as be an inspiration to others. The other was about a teacher who writes letters to his current and past students.
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