text:
Judge Nugent
10-05243 Duggins et al v. Bratt (Doc. # 145) - Document Text
- Details
- Category: Judge Nugent
- Published: 11 April 2013
- Written by Judge Nugent
SIGNED this 28th day of March, 2013.
KIMBERLY DAWN BRATT, ) Case No. 10-12055
) Chapter 7
Debtor )
TODD DUGGINS and )
WILLIAM F. CUMMINGS, Receiver for )
Shanannigans, L.L.C., )
Plaintiffs )
vs. ) Adversary No. 10-5243
Defendant. )
Case 10-05243 Doc# 145 Filed 03/28/13 Page 1 of 24
Sometime in his life, nearly every guy wishes he could own a bar. When Todd Duggins met
Dean Bratt, he realized that wish. Dean invited Duggins and Clifford Lewis to invest in a south
Wichita club called Shanannigans. The three formed a limited liability company to acquire the club
from another limited liability company owned by Dean and Kim Bratt, Bratt Investments, L.L.C.
When Dean and Duggins fell out, Duggins placed the bar in receivership. Bratt Investments filed
a chapter 11 case here and, when that effort failed, Dean and Kim filed a chapter 7 case. When Dean
failed to follow court orders, he was dismissed from that case, leaving Kim, who was never a
member of the Shanannigans LLC, on the hook both as a debtor and as a defendant in Duggins' and
the state court receiver's action for exceptions to discharge based upon actual fraud and fiduciary
When a debtor has incurred a debt by actual fraud or false representation, that debt may be
excepted from her discharge under § 523(a)(2)(A), if the debtor actually made false representations
on which her creditor justifiably relied. If that debtor commits an act of defalcation while standing
in a fiduciary relationship to the creditor, that debt is excepted, too. This adversary proceeding
involves determining whether defendant Kimberly Bratt, the last defendant standing in this case,
defrauded Todd Duggins by inducing him to invest in the Shanannigans bar with her husband and
Clifford Lewis. It also requires me to determine if Kim, who was the secretary, but not a member
of Shanningan's, L.L.C., the entity that owned the bar, had a sufficient fiduciary capacity to the
company to support its defalcation claim under § 523(a)(4).
Claims and Summary Ruling
The plaintiffs in this nondischargeability action assert separate claims against Kim Bratt.
Case 10-05243 Doc# 145 Filed 03/28/13 Page 2 of 24
Plaintiff Duggins, a one-third member and officer of Shanannigans, L.L.C., contends that Kim
fraudulently induced him to invest $25,000 and become a member of the LLC, in violation of 11
U.S.C. § 523(a)(2)(A). Plaintiff Cummings (the "Receiver"), asserts a claim on behalf of the LLC
under 11 U.S.C. § 523(a)(4), claiming that Kim committed defalcation while acting in a fiduciary
capacity by converting corporate assets and failing to account for funds and property that belonged
to the LLC.
Because Duggins failed to prove by a preponderance of the evidence that Kim made false
representations or otherwise engaged in actual fraud with the intent to deceive him, Kim is entitled
to judgment on his § 523(a)(2) claim. The Receiver failed to show that Kim had the requisite
fiduciary capacity to support a claim under § 523(a)(4) where no funds or property of the LLC had
been entrusted to her and she had neither a technical nor an express trust relationship with the LLC.
Kim is entitled to judgment on that claim, too.1
The plaintiffs' § 523(a) claims to except debtor's debt from her discharge are core
proceedings under 28 U.S.C. § 157(b)(2)(I) over which this Court may exercise subject matter
This adversary proceeding began in November of 2010 with plaintiffs' nondischargeability
1 At the two-day trial of this matter in February, 2013, the plaintiffs appeared by their
attorney Joseph H. Cassell. Defendant Kimberly Bratt appeared pro se.
2See 28 U.S.C. § 1334 and § 157(b)(1).
3 The Court has incorporated the parties stipulations of fact contained in the final pretrial
order. Adv. Dkt. 105.
Case 10-05243 Doc# 145 Filed 03/28/13 Page 3 of 24
claims being asserted against Kim Bratt and her husband Dean Bratt, who at that time was also a
debtor in the Bratts' joint bankruptcy case.4 After Dean twice failed to appear for his first meeting
of creditors, the chapter 7 trustee moved to dismiss his bankruptcy case and that motion was granted
on July 18, 2012. As Dean was no longer seeking a chapter 7 discharge, this proceeding was moot
as to him, so I dismissed him as a defendant sua sponte. 5 Dean's dismissal left Kim as the sole
defendant here, though his role in the events giving rise to the complaint remains important.
Kim and Dean are married. Each owns a one-half interest in Bratt Investments, L.L.C. (Bratt
Inv).6 Bratt Inv holds and manages a number of real estate properties and was itself a chapter 11
debtor.7 Among those properties was a bar called Magoo's. Sometime in 2007, Bratt Inv acquired
a commercial strip center where it intended to open and operate Shanannigan's Bar and Grill
4 The Bratts initially filed a chapter 11 case in June of 2010. It was converted to a
chapter 7 case on February 6, 2012.
5 See Bankr. Dkt. 230; Adv. Dkt. 99. As Dean had been dismissed from the chapter 7
case, he could not expect to receive a discharge in any event.
6 To further complicate the prosecution and trial of this adversary proceeding, Kim and
Dean are in the process of divorcing but, as of the date of trial, that action is incomplete and
remains pending. Kim was represented by counsel in this adversary proceeding until January of
2013 when her attorney withdrew. The final pretrial order was entered in October of 2012, while
Kim was represented. See Adv. Dkt. 105.
7 Bratt Investments filed a chapter 11 small business bankruptcy in this Court on August
20, 2010 (Case No. 10-12851). At a confirmation hearing conducted on April 21, 2011, the
Court confirmed Bratt Investments' plan, but no confirmation order was ever prepared or
entered. By September, the U.S. Trustee had filed a motion to convert or dismiss the case
because the debtor failed to filed monthly reports or to pay its quarterly fees. At the hearing on
that motion on November 10, I directed that a confirmation order be entered in 14 days or the
case would be dismissed. At a further hearing on December 8, in the absence of a confirmation
order or the filing of the missing reports, I ordered the case dismissed and an order of dismissal
was entered on December 16, 2011. The case was closed in June of 2012.
Case 10-05243 Doc# 145 Filed 03/28/13 Page 4 of 24
(hereafter referred to as Shanannigan's East or SBG).8 This property was encumbered by a first
mortgage loan in favor of Meritrust Credit Union (formerly Boeing Wichita Credit Union).
In late 2007 or early 2008, Dean invited Duggins and Clifford Lewis to invest in the SBG
venture and become one-third "partners" with him. Dean asked Duggins to invest $25,000 in SBG.
In early 2008, the three partners formed Shanannigan's L.L.C. to own and operate the bar. At the
first annual meeting of members of the LLC on January 11, 2008, Dean announced that he would
sell a third of the company each to Duggins and Lewis, effective January 1, 2008, making the three
men equal one-third members of the LLC. At that meeting, Dean was elected president of the LLC,
Lewis was elected vice-president, Duggins was elected treasurer, and Kim, who was not a member,
became secretary. Kim had no equity or other direct legal interest in the bar.
Bratt Inv had acquired the SBG property sometime in the fall of 2007. Lewis Lewis had
assisted in some remodeling work that was done prior to SBG's opening on January 18, 2008. Bratt
Inv sold SBG to Shanannigan's LLC, subject to the Meritrust mortgage, under a contract for deed
dated April 21, 2008. The terms and conditions of the contract stipulated that, among other things,
Dean Bratt would have "operational control" of the bar. Shanannigan's opened for business on
January 18, 2008, well before the contract was signed and closed. Duggins paid his $25,000
investment to Bratt Inv in June, 2008.9
Duggins worked daily at SBG from the time it opened until February of 2010, departing a
month before the bar closed. During the first year of SBG's operations, Kim worked there, too,
8 In addition to SBG, Guardian Interlock was a tenant at one end of this strip center and
had a monthly rent obligation of $500, payable to SBG.
9 See KAN. STAT. ANN. § 17-7686(c) recognizing that an individual may be admitted as a
member of a LLC and receive a LLC interest without making a contribution.
Case 10-05243 Doc# 145 Filed 03/28/13 Page 5 of 24
handling daily bookkeeping and management functions. In the spring of 2009, either Bratt Inv or
Dean and Kim as individuals opened a second Shanannigan's on the west side of Wichita (hereafter
referred to as SW). Duggins and Lewis had no ownership interest or involvement in the west bar.
Kim ran the SW bar after it opened.
In 2009, Duggins sued Dean in state district court to gain access to the books and records of
the LLC. In that case, the state court appointed William F. Cummings the receiver for the company.
The state court receivership case remained pending at the time of trial of these nondischargeability
Before meeting Dean and getting into the club business, Duggins had operated a cement
flatwork business for more than 20 years. He closed that business in order to devote his attention to
SBG. He had no prior experience in the restaurant or bar business. He met Dean through a mutual
friend sometime in late 2007 or early 2008. According to Duggins, the three owners'
"understanding" was that each LLC member would be "working partners," even though, as noted
above, the terms and conditions of the contract for deed on the property between Bratt Inv and
Shanannigans, LLC granted Dean "operational control" of Shanannigans.10
Duggins ran the kitchen and cooked during the day shift. Dean typically worked during the
lunch hour. Kim also worked and supervised the day shift with Duggins, handling the daily
bookkeeping for SBG, payment of vendors, and preparing the payroll. Cliff worked and ran SBG
during the night shift. The bookkeeping consisted of "day sheets" that tallied cash in and out of the
cash registers. These sheets were closed out after each shift. Cash was deposited at Meritrust
10 The Terms and Conditions, signed by Duggins but not Lewis, were dated June 10,
2008. Ex. A, p. 2.
Case 10-05243 Doc# 145 Filed 03/28/13 Page 6 of 24
nightly. In June of 2008, Kim or Dean hired Virginia Boyd Accounting to prepare compilations of
the company's accounts; Kim was the principal contact with Boyd Accounting. Periodically,
someone from Virginia Boyd Accounting would pick up the day sheets and prepare a running record
of the business's income and expenses. Duggins had no contact with Boyd Accounting until the
summer of 2009 when he inquired about the status of his 2008 K-1 statement he needed to prepare
his individual 2008 tax return.11
Duggins was SBG's treasurer, but he performed no duties typically associated with that
office other than occasionally writing or signing checks to vendors when deliveries were made to
the bar. All three members of the LLC plus Kim had check signing authority, but Kim wrote the
vast majority of the checks. For the first several months of SBG's operations, deposits and checks
were commingled with Bratt Inv business activities and run through the Bratt Inv checking account.
Kim says she was opposed to this practice but that Dean had directed it. Duggins had access to the
financial records of SBG, but says that because he was new to the restaurant and bar business, he
was unfamiliar with the day sheets or other financial records that Kim maintained. He was never
trained to perform the daily bookkeeping function but he would periodically inquire of Kim how
SBG was doing and whether they "were making any money." He had access to the check register
and could ascertain the checks being written.
The evidence of what Duggins was told to induce his investment or who told it to him is
scant at best. He testified that Dean introduced him to Kim and that she was present when Dean told
him that SBG was subject to no debt other than the Meritrust first mortgage. Dean told him that in
11 Schedule K-1 is issued by a partnership or LLC to report a partner or member's share
of income, deductions, credits, etc.
Case 10-05243 Doc# 145 Filed 03/28/13 Page 7 of 24
exchange for his investment of $25,000, Duggins would become a one-third "partner" in the
business. He later learned that the ad valorem taxes on the property were in arrears, but even after
learning that, he remitted his investment in June of 2008.12 Though he testified that he "worked
more with Kim than with Dean," Duggins could not clearly identify any representations that Kim
made to him at any time before Shanannigans, L.L.C. was formed, before the January 11, 2008
annual meeting, the bar's opening, or before he paid in his investment.
Clifford Lewis's testimony supports a finding that Kim made no representations to Duggins
or Lewis to induce their investment. Lewis had worked for Dean at Bratt Inv's bar, Magoo's, and
had always wanted to own his own business. After Dean obtained the Shanannigans property in
October of 2007, he invited Lewis to become an owner. Lewis contributed construction and
remodeling labor to prepare the bar to open. All of Lewis's discussions concerning investment were
with Dean, none were with Kim. Lewis did not meet Duggins until after SE opened. Lewis paid his
investment in January of 2008. Because Dean credited him with "sweat equity" for the work he'd
performed in the preceding fall, his cash contribution was limited to $10,000. As with Duggins, Kim
made no direct representations to Lewis concerning his investment.
Cash control was loose, to say the least. One former employee testified that she was
permitted to take cash advances from the register and often did so. Employees frequently paid
vendors with checks that Kim signed in blank and left in the register. Kim paid several of her
personal credit card bills with SBG checks, but claimed that the purchases on the bills were for items
used at SE. There were several instances where it appeared SBG checks were used to pay expenses
12 Duggins actually paid the $25,000 by a check dated June 10, 2008 payable to Bratt Inv
and negotiated by Dean on June 11, 2008.
Case 10-05243 Doc# 145 Filed 03/28/13 Page 8 of 24
incurred at rental properties owned by Bratt Inv. And, after Bratt Inv acquired and opened
Shanannigan's West, Duggins and Lewis suspected that SBG funds had been diverted to support the
cost of opening the other bar. Duggins's review of the SBG check register in the spring of 2009 led
him to suspect that there were several questionable transactions, including what appeared to be
expending SBG funds for goods and services used by SW. There also appears to have been some
trading back and forth between the bars, particularly of labor and inventory.
In 2009, after Duggins had examined the SBG check register, Duggins became concerned
about the business's direction and asked to see the company's books. When he was unable to see
the books, he filed the state court receivership litigation on which part of this complaint is based and
obtained control of the accounting records from Virginia Boyd Accounting. Duggins left SBG in
February of 2010. A month later, the bar closed. During his 26 months of work at SBG, Duggins
never drew a wage or salary and received no draw or distribution from the LLC.
Much of the plaintiffs' case focused on numerous account transactions large and small in an
effort to prove Kim's alleged defalcation of SBG funds and property. There is little question that
Kim wrote checks on the SBG account for items and expenses not associated with or attributable
to Shanannigans business. But, Kim did not occupy the express or technical trust relationship with
the LLC that would support excepting her debt to the receiver from her discharge under § 523(a)(4).
Given that she was not a fiduciary within the meaning of that section, no detailed findings of fact
concerning the extent of the alleged defalcation debt need be made here.13
13 This finding is not a finding that defalcation of some sort did or did not occur. The
receiver only alleged that Kim committed fraud or defalcation while in a fiduciary capacity. He
did not plead a cause of action for larceny or embezzlement.
Case 10-05243 Doc# 145 Filed 03/28/13 Page 9 of 24
Debtor Kim Bratt did not actually defraud Todd Duggins nor fraudulently induce
his investment in Shanannigans, L.L.C. under § 523(a)(2)
Section 523(a)(2)(A) provides that if a debtor contracts a debt by making a false statement
upon which her creditor justifiably relies, that debt may be excepted from the debtor's discharge.
Likewise, a debt incurred by actual fraud or false pretense is excepted from debtor's discharge.14
Duggins claims that Kim made false statements of material fact to induce him to invest $25,000 in
the Shanannigans enterprise and to become a one-third owner and member in the LLC. What he
stated he would prove in the pretrial order differed significantly from the evidence produced at trial.
In the pretrial order, Duggins asserts:
Defendant represented to Duggins that if he made the $25,000.00 investment,
Duggins (i) would be the company Treasurer and have control of, and responsibility
for, the company's books and records, (ii) that Shanannigans did not have any debt
except payment on its purchase contract for the real estate (actually payment on Bratt
Investments, LLC's underlying mortgage to Meritrust Bank) where Shanannigans
and tenant Guardian Interlock were located, (iii) that Duggins would be provided a
business prospectus/plan and (iv) that Duggins would be provided a complete
accounting for the company's business activities from January through June 2008.
None of the above occurred.15
At trial, Duggins offered no evidence concerning representations (iii) and (iv). With regard to the
alleged representation that the company had no debt, Duggins testified that he was told that
Shanannigans only owed the mortgage against the real estate that it assumed when it acquired the
bar from Bratt Inv under the contract for deed. Duggins identified two additional debts that were
not disclosed to him, an unpaid bill owed to a flooring contractor who worked on the remodel of the
14 Diamond v. Vickery (In re Vickery), ___ B.R. ___, 2013 WL 979099; BAP No. 12-051
(10th Cir. BAP Mar. 13, 2013) (liability under § 523(a)(2) is not limited to a misrepresentation
but includes the broader conduct of actual fraud or false pretense as an independent basis for
15 Adv. Dkt. 105, pp. 5-6.
Case 10-05243 Doc# 145 Filed 03/28/13 Page 10 of 24
premises in 2007 prior to SBG's opening and unpaid real estate taxes for 2007 of approximately
$5,000. This is all the evidence of misrepresentations of company debt he offered. He could not
definitively link the misrepresentations to Kim. Duggins met Dean through a mutual friend.
Sometime later, Dean introduced Duggins to Kim. Duggins did not identify which statements were
attributed to Dean or whether any of them were attributable to Kim. He implied that Kim was
present when the representations were made, but he could not articulate when and where the
representations were made other than they occurred prior to the opening of the bar and grill in
January. He did not carry his burden of proving that Kim fraudulently induced him to invest.
With respect to the alleged representations in (i) that Duggins would be the treasurer and
have financial control, Duggins indeed was elected treasurer of the LLC at the January 11, 2008
annual meeting. At all times, he had check signing authority. As noted before, Kim was elected
secretary. Duggins testified that Kim retained charge of the books because he had no prior
experience running a bar or restaurant and was unfamiliar with the types of records and forms
utilized by SBG. The parties apparently contemplated that Kim would "train" Duggins on the
company's books and records, but that never occurred. Either Duggins and Kim were unable to
cooperate on the financial aspects of the operations and the transition of the bookkeeping function
to Duggins or Duggins did not have the time to perform financial duties while running SBG's day
shift. Duggins candidly admitted that he had on-site access to the check register and other financial
records but that he did not comprehend most of the books and records due to his inexperience in
the restaurant/bar business.
Serving the fresh start objective of bankruptcy, exceptions to discharge should be narrowly
Case 10-05243 Doc# 145 Filed 03/28/13 Page 11 of 24
construed and any doubts resolved in Kim's favor.16 To prevail on his actual fraud claim under §
523(a)(2), Duggins had to prove by a preponderance of the evidence that Kim made a
misrepresentation of a material fact with the intent to deceive Duggins, that Duggins relied upon the
misrepresentation, that his reliance was justifiable, and that Kim's representation caused him to
sustain a loss.17 As applied to the evidence here, the existence of the first element – a
misrepresentation by Kim – is, at best, vague and inconclusive. Duggins provided little detail of the
circumstances surrounding the alleged representations – the "who, what, where, and when" of the
representations. And when placed in the context that Duggins would be going into business with
Kim's husband, that Duggins was introduced to Dean through a third party, and that he was
introduced (at some unspecified point) to Kim by her husband, Duggins failed to present a
compelling or even a credible case of fraud on the part of Kim. It is not sufficient to impute fraud
upon Kim by her holding the office of secretary or the fact that she was the spouse of Dean. And
nothing in the evidentiary record shows that Dean was acting as Kim's agent.18 In short, Kim, not
her husband, must have made the actual misrepresentations to Duggins or somehow participated in
the fraud. The Court is simply not persuaded by the evidence that Kim, having met Duggins second
16 In re Kaspar, 125 F.3d 1358, 1361 (10th Cir. 1997).
17 Fowler Bros. v. Young (In re Young), 91 F.3d 1367, 1373 (10th Cir. 1996); Grogan v.
Garner, 498 U.S. 279, 287 (1991) (Section 523(a) discharge exceptions are subject to the
preponderance of the evidence standard of proof.).
18 See Columbia State Bank, N.A. v. Daviscourt (In re Daviscourt), 353 B.R. 674, 686-87
(10th Cir. BAP 2006) (Court would not impute debtor-husband's fraud upon defendant-debtorspouse
to except guarantee of company line of credit from discharge, even where the defendant
spouse was a 50% owner and officer of the company, without some additional evidence that the
debtor-spouse intended her husband to act as her agent.); First New Mexico Bank v. Bruton (In re
Bruton), 2010 WL 2737201 at *5-*6 (Bankr. D. N.M. July 12, 2010) (LLC husband-member's
fraud would not be imputed to LLC wife-member).
Case 10-05243 Doc# 145 Filed 03/28/13 Page 12 of 24
hand and not a proposed partner with him, made any misrepresentations to Duggins with the
requisite intent to deceive Duggins into investing in the venture.19
Even if Kim were found to have made the representations, there is no evidence of Duggins'
reliance. In Field v. Mans, the Supreme Court addressed the reliance element in a § 523(a)(2) case,
adopting the less stringent, subjective "justifiable reliance" standard.20 Under that standard, Duggins
had no duty to investigate the accuracy of the representations unless they were patently false and
their falsity was apparent to him at the time they were made. For example, if Duggins had been
shown or provided financial records prior to his investment that reflected debt other than the
mortgage, his reliance would not be justified. Before determining whether his reliance was
justifiable, the Court must consider whether he relied at all.21 Again, the evidence is non-existent.
The Court heard no evidence that if Duggins had known these other debts existed or knew that he
would not have responsibility for SBG's books and financial records, he would not have made the
investment. Discontinuing his flat work business suggests some level of reliance, but Duggins never
stated that had he known of the additional debts or that he would not be given responsibility for the
financial records of the company, he would not have acted as he did. In fact, six months passed
between the time he became treasurer of the LLC and when he actually made his $25,000
investment. He had access to the financial records during all that time. Moreover, Duggins was
19 The totality of the circumstances do not suggest that if the representations were made,
they were intended to deceive Duggins or that Kim knew the statements were false when made.
20 516 U.S. 59, 66 (1995) ("The question here is what, if any, level of justification a
creditor needs to show above mere reliance in fact in order to exempt the debt from discharge
under § 523(a)(2)(A).").
21 Id. at 70 (borrowing from common law fraud principles in interpreting the reliance
element of § 523(a)(2)(A), the Supreme Court noted that "both actual and 'justifiable' reliance
are required.")
Case 10-05243 Doc# 145 Filed 03/28/13 Page 13 of 24
present and helping to operate Shanannigans on a daily basis, working side by side with Kim.22
Duggins failed to satisfy his burden of proof on the § 523(a)(2)(A) fraud discharge exception.
Did Debtor Kim Bratt commit a defalcation while acting in a fiduciary capacity,
rendering her debt nondischargeable under § 523(a)(4)?
The Receiver claims that Kim converted SBG's funds and personal property and diverted
some of it to Bratt Inv for use on their rental properties, to Shanannigans West, or to her personal
use. If proven, these conversion contentions might support an exception to her discharge under §
523(a)(6), but the Receiver did not plead that theory nor was it made part of the final pretrial order.
Instead, the Receiver relied entirely on § 523(a)(4), alleging only that Kim committed defalcation
while acting in a fiduciary capacity.23
Section 523(a)(4) specifically excepts from discharge, debts that are incurred "for fraud or
defalcation while acting in a fiduciary capacity, embezzlement, or larceny."24 A defalcation under
this discharge exception is a debtor-fiduciary's failing to account for funds or property that were
entrusted to him or her in violation of a defined fiduciary duty.25 Proving this exception requires
demonstrating that a fiduciary relationship existed between the debtor and the objecting party and
22 Moreover, if the alleged misrepresented facts were so important to Duggins, the Court
questions why he proceeded to work compensation-free for over two years. If he truly relied on
the representations, one would expect much swifter reaction to the manner in which SBG was
being operated and his apparent lack of financial control.
23 Adv. Dkt. 105, pp. 11, § 7.1.D and 12, § 8. See Patrons State Bank & Trust Co. v.
Shapiro, 215 Kan. 856, 528 P.2d 1198 (1974) (corporate officer is personally liable for acts that
constitute conversion of property belonging to another, even though the acts were committed
while acting as an officer of the corporation).
24 11 U.S.C. § 523(a)(4).
25 Antlers Roof-Truss & Builders Supply, et al. v. Storie (In re Storie), 216 B.R. 283, 288
(10th Cir. BAP 1997).
Case 10-05243 Doc# 145 Filed 03/28/13 Page 14 of 24
that the debtor committed the defalcation in the course of that fiduciary relationship.26 Once the
creditor makes this showing, the burden shifts to the fiduciary to account for the entrusted property.27
Controlling Tenth Circuit law requires showing the existence of an express
or technical trust to support a § 523(a)(4) fiduciary defalcation claim.
While Kim may have had general fiduciary duties to the LLC under state law, whether she
was a fiduciary for § 523(a)(4) purposes is a matter of federal law. Applying controlling Tenth
Circuit authority makes clear that the Receiver's § 523(a)(4) claim falls short. In Fowler Bros. v.
Young, the Tenth Circuit noted that the fiduciary relationship required by § 523(a)(4) is different
from a general fiduciary relationship recognized by state law.28 The Fowler Bros. court described
the distinction:
Under this circuit's federal bankruptcy case law, to find that a fiduciary relationship
existed under § 523(a)(4), the court must find that the money or property on which
the debt at issue was based was entrusted to the debtor. [citations omitted]. Thus, an
express or technical trust must be present for a fiduciary relationship to exist under
§ 523(a)(4). [citations omitted]. Neither a general fiduciary duty of confidence, trust,
loyalty, and good faith, . . . , nor an inequality between the parties' knowledge or
bargaining power, . . ., is sufficient to establish a fiduciary relationship for purposes
of dischargeability. 'Further, the fiduciary relationship must be shown to exist prior
to the creation of the debt in controversy.' 29
Thus, as a matter of bankruptcy law, § 523(a)(4) contemplates a trust relationship that is narrower
than the general duty of one in a fiduciary relationship. It may be an express trust, defined in a
written or oral agreement that created the relationship and identified the property held in trust (the
26 Watson v. Parker (In re Parker), 264 B.R. 685, 700 (10th Cir. 2001).
27 Storie, 216 B.R. at 288.
28 Fowler Bros. v. Young (In re Young), 91 F.3d 1367, 1371 (10th Cir. 1996) (question of
fiduciary status is one of federal law but state law is relevant to the inquiry.).
29 Id. at 1371-72 (interior citations omitted).
Case 10-05243 Doc# 145 Filed 03/28/13 Page 15 of 24
res), the trustee, and the trustee's duties with respect to the res. Or, it may be a technical trust that
is imposed by statute.30 The statute must define the res, spell out the fiduciary duties of the party
to whom the trust property is entrusted, and the trust must have arisen on the res before the debtor
took the action that created the debt.31 The trust relationship must be imposed by the law rather than
implied from it.32 Unless the trust is an express or technical one, other relationships from which
general fiduciary duties might be implied by state law principles will not support a defalcation claim
under§ 523(a)(4). For example, a general attorney-client relationship has been found insufficient
to establish the fiduciary relationship required under § 523(a)(4).33 Neither is a partnership
relationship unless there is an express agreement or a state law creating a trust relationship.34
b. There was no express trust relationship between Kim Bratt and
Shanannigans LLC.
The Receiver offered no documentary or other evidence to show that an express trust had
30 In re Parker, 264 B.R. at 700, citing Allen v. Romero (In re Romero), 535 F.2d 618,
621 (10th Cir. 1976) (discussing the requisite fiduciary capacity under the Bankruptcy Act's
predecessor to § 523(a)(4)).
31 In re Kelley, 215 B.R. 468 (10th Cir. BAP 1997); In re Merrill, 252 B.R. 497 (10th Cir.
BAP 2000). See e.g., In re Tatro, 387 B.R. 833, 840 (Bankr. D. Kan. 2008) (State natural
guardian statute, KAN. STAT. ANN. § 59-3053(a), imposed trust relationship that satisfied §
32 Allen v. Romero (In re Romero), 535 F.2d 618, 621-622 (10th Cir. 1976).
33 Fowler Bros., supra; Parker, 264 B.R. at 700.
34 Smolen v. Hatley (In re Hatley), 227 B.R. 757, 760 (10th Cir. BAP 1998) (partners did
not have an express, written agreement establishing fiduciary relationship and neither Oklahoma
common law or Uniform Partnership Act created a trust relationship sufficient to satisfy §
523(a)(4)); Holaday v. Seay (In re Seay), 215 B.R. 780, 786-87 (10th Cir. BAP 1997) (same); In
re Zanetti-Gierke, 212 B.R. 375, (Bankr. D. Kan. 1997) (Under Kansas law, the statutory
provision delineating partners' accountability as fiduciaries, KAN. STAT. ANN. § 56-321(a)
(1994) did not create a technical or express trust and therefore partners are not fiduciaries for
purposes of § 523(a)(4)).
Case 10-05243 Doc# 145 Filed 03/28/13 Page 16 of 24
been created. None of the LLC's organic documents were offered as evidence at trial.35 While an
operating agreement was referenced in the first annual meeting minutes, it was not offered either.
Ordinarily that document would set out the identity of the manager, terms of governance, and duties
and liabilities of the members, manager, and officers of the company.36 The operating agreement
may have created an express trust, but it is absent from the record.
Kim Bratt's position as secretary of Shanannigans LLC did not impose a
technical trust on her or render her a § 523(a)(4) fiduciary;
The Kansas Revised Limited Liability Company Act governs the establishment and operation
of limited liability companies in Kansas.37 If a technical trust had been imposed upon Kim by statute,
it would be found in the LLC Act. There is no default provision in the Act that entrusts the funds
or property of the LLC to the members, the manager or the officers. Nor does any provision
delineate the attributes of a trust, articulate trust duties, or otherwise establish a trust relationship
among members and the manager. While § 17-7688 of the Act comes closest by addressing a
member's or manager's liability to third parties and recognizing a member or manager's potential
liability to the limited liability company, it does not expressly create a trust relationship.38 KAN.
STAT. ANN. § 17-7698 provides that, unless provided otherwise by the operating agreement, a
member or manager may delegate the power to manage and control the business of the LLC to an
35 See KAN. STAT. ANN. § 17-7673 (requiring articles of organization for formation of a
limited liability company);
36 See KAN. STAT. ANN. § 17-7668(b).
37 KAN. STAT. ANN. § 17-7662 to 17-76,142 (2007 and 2011 Supp.)
38 The Court notes that no reference is made in this statute to enforcing an "officer's"
liability to the company, see § 17-7688(c), though as noted infra, members and managers may
delegate rights and duties to officers. KAN. STAT. ANN. § 17-7698.
Case 10-05243 Doc# 145 Filed 03/28/13 Page 17 of 24
officer. No evidence suggested that any of the members "delegated" management and control of the
company to Kim. And, while KAN. STAT. ANN. § 17-76,134 indirectly recognizes that a member,
manager or "other person" may have fiduciary duties in law or equity to the other members or to the
company, those duties may be expanded or restricted by provisions in an operating agreement.39
The parties stipulated in the pretrial order that Duggins, Lewis, and Dean Bratt "were one
third equal partners [sic] in Shanannigans."40 The minutes of the first annual meeting of the
members of the LLC recite the members' proportionate ownership interests and note the election
of officers. The minutes refer to an operating agreement, but do not identify the manager or member-
manager of the LLC.41 Without the operating agreement in evidence, whether Kim's duties as
secretary included trust duties cannot be determined.42 Without the direct imposition of fiduciary
duties on Kim by the operating agreement or by statute, no technical trust arose.
The Receiver primarily relies on Kansas case law to contend that Kim's status as secretary
of Shanannigans LLC satisfies the fiduciary relationship requirement of § 523(a)(4).43 Kansas
39 As noted in In re Zanetti-Gierke, supra, the Kansas statutory provision recognizing a
partner's accountability as a fiduciary did not create a technical or express trust as required by §
523(a)(4). See also, In re Novak, 97 B.R. 47, 59 (Bankr. D. Kan. 1988).
40 Adv. Dkt. 105. Technically, the "owners" of a limited liability company are its
members, and are not "partners" per se.
41 Ex. 1. A limited liability company may be managed by its members or by a manager.
In re Metcalf Assocs.-2000, 42 Kan. App. 2d 412, 213 P.3d 751 (2009); KAN. STAT. ANN. § 177693
and § 17-7663(k).
42 The Kansas general corporation code requires a corporation to have at least one officer
who transcribes the minutes of the meetings. KAN. STAT. ANN. § 17-6302(a).
43 See Diederich v. Yarnevich, 40 Kan. App. 2d 801, 196 P.3d 411 (2008) (Under Kansas
law, directors and officers of professional corporation have a strict fiduciary duty to act in the
best interests of the corporation and its stockholders, requiring officers and directors to work for
the general interests of the corporation.); Newton v. Hornblower, Inc., 224 Kan. 506, 582 P.2d
Case 10-05243 Doc# 145 Filed 03/28/13 Page 18 of 24
corporate directors and officers owe a strict fiduciary duty to the corporation and its shareholders,
but that fiduciary relationship is a general duty to act in the best interests of the corporation and in
good faith. Standing alone, it does not rise to the technical trust relationship described by Fowler
Bros. Kansas courts have recognized that a member-manager of a limited liability company has a
similar general fiduciary duty to the company and its other members.44 No Kansas statutes or cases
equate this general duty with the entrustment of company money or property to an officer or create
a trust relationship and the accompanying fiduciary capacity necessary to support a finding of a
fiduciary relationship under § 523(a)(4).45 Without a statute defining the res, and the duties of the
fiduciary with respect to it, the Receiver cannot demonstrate that a technical trust has been imposed.
Whatever fiduciary duty Kansas law implicates for corporate directors and officers is a general one,
far short of the technical trust that Tenth Circuit authority requires in support of a defalcation
exception to discharge under § 523(a)(4).
Even if Tenth Circuit law relieves a corporation from demonstrating an
express or technical trust in § 523(a)(4) cases, that exception does not
apply here.
Two judges of this court have recognized what amounts to an exception to the "express or
1136 (1978) (recognition of same rule in context of a general corporation).
44 See Emprise Bank v. Rumisek, 42 Kan. App. 2d 498, 215 P.3d 621 (2009) (Membermanager
of limited liability company owed fiduciary duty to other members of company.).
45 Cf. In re Kalinowski, 482 B.R. 334 (10th Cir. BAP 2012) (Individual chapter 7 debtor
who controlled and acted as de facto manager of construction company organized as a limited
liability company and was subject to the New Mexico Construction Industries Licensing Act that
proscribed diversion of funds paid to the limited liability company to other construction projects,
stood in a fiduciary capacity for purposes of § 523(a)(4).). See also, Speer v. Dighton Grain,
Inc., 229 Kan. 272, 624 P.2d 952 (1981) (corporate officer is not personally liable for
conversion committed by corporation or one of its officers merely by virtue of holding office;
corporate officer must participate in or breach duty owed to owner of property to be held liable).
Case 10-05243 Doc# 145 Filed 03/28/13 Page 19 of 24
technical trust" requirement that neither Fowler Bros. nor any subsequent Tenth Circuit case have
discussed. In the Kansas bankruptcy court cases, the judges held that where the plaintiff asserting
the § 523(a)(4) claim is the corporation itself, the plaintiff need not show the existence of an express
or technical trust because an officer's general fiduciary obligation is sufficient to sustain the
objection under § 523(a)(4). In In re Karr, Judge Somers concluded that the relationship of a
corporate officer to a corporation "commonly imposes a fiduciary relationship."46 He noted that past
courts have concluded that "it has been long settled" that officers are fiduciaries of their
corporations, both under § 523(a)(4) and its predecessor, § 17(a)(4) of the Bankruptcy Act of 1898.47
Accordingly, when a corporation itself, rather than a creditor or shareholder, objects to the discharge
of a corporate officer's debt to it, no express or technical trust is required.48 In re Cowley supports
this proposition, holding that "with respect to the first element [express or technical trust], it has long
been settled that a corporate officer is a "fiduciary" of the corporation, within the meaning of §
523(a)(4) and § 17(a)(4), its predecessor section under the Bankruptcy Act of 1898."49 Cowley also
concludes that Kansas law "defines corporate officers as fiduciaries of the corporation" and calls
upon Pepper v. Litton as support for its general proposition that officers' and directors' fiduciary
46 442 B.R. 785, 801 (Bankr. D. Kan. 2011), citing Leah A. Kahl and Peter C. Ismay,
Exceptions to Discharge for Fiduciary Fraud, Larceny, and Embezzlement, 7 J. Bankr. L. &
Prac. 119, 122 (1998).
47 Id. at 801-02.
48 Id. at 802-03.
49 In re Cowley, 35 B.R. 526, 528-29 (Bankr. D. Kan. 1983). Cowley predates the Fowler
Bros. decision and no other Tenth Circuit authority since Fowler even references, far less
approves, this "corporate plaintiff" exception.
Case 10-05243 Doc# 145 Filed 03/28/13 Page 20 of 24
obligations may be enforced by corporations and their bankruptcy trustees.50 Judge Berger has
reached a similar conclusion in In re Markley. 51
But other courts in the Tenth Circuit have rejected the corporate plaintiff exception as being
contrary to Fowler Bros. In In re Green, 52 the debtor was the former vice president, secretary and
director of a corporation and ran it day-to-day. The corporation sought to except from debtor's
discharge a debt allegedly incurred by the debtor's self-dealing, breach of fiduciary duty, and
conversion of corporate property. The New Mexico bankruptcy court applied the Fowler Bros.
narrow view of fiduciaries covered by § 523(a)(4), requiring the existence of an express or technical
trust.53 It concluded that there was no trust. It found that no provision in New Mexico's Business
Corporation Act makes directors or officers of a corporation a trustee of corporate assets;
corporations themselves have the power to own and hold real and personal property. Even though
New Mexico's Act "arguably recognize[s] a generalized fiduciary duty of officers and directors to
the corporation," it did not specify any specific fiduciary duties that they must exercise over any
specific assets.54 The bankruptcy court also rejected debtor's argument that the existence of a
50 Id., citing Delano v. Kitch, 542 F.2d 550 (10th Cir.1976); Parsons Mobile Products,
Inc. v. Remmert, 216 Kan. 256, 531 P.2d 428 (1975); Newton v. Hornblower, 224 Kan. 506, 582
P.2d 1136 (1978). See also Pepper v. Litton, 308 U.S. 295, 306, 60 S. Ct. 238, 245, 84 L. Ed.
281 (1939) (Bankruptcy trustee of corporation may seek to subordinate claim of director or
officer who has violated fiduciary duties to corporation; this case was not a § 523(a)(4) discharge
exception case).
51 460 B.R. 793 (Bankr. D. Kan. 2011). See also In re Jenkins, 462 B.R. 822 (Bankr. D.
Kan. 2011) (Berger, J.).
52 386 B.R. 865 (Bankr. D. N.M. 2008).
53 Id. at 869.
54 Id. at 870. New Mexico's statute governing the duties of directors, provided: "A
director shall perform his duties as a director . . . in good faith, in a manner the director believes
Case 10-05243 Doc# 145 Filed 03/28/13 Page 21 of 24
general fiduciary duty, standing alone, suffices for § 523(a)(4) liability.
This Court is bound by Tenth Circuit case law such as In re Romero and In re Young
[Fowler Bros.], both of which require the existence of an express or technical trust
before finding a fiduciary duty that is subject to Bankruptcy Code section 523(a)(4).
There is no express trust in this case, and there is no technical or statutory trust
arising from New Mexico's Business Corporation Act.55
Karr and Markley present fact patterns that differ significantly from ours. In both cases, the
debtors were either sole or dominant shareholders, directors, and officers of their corporations. In
both cases, the debtors essentially controlled all corporate activity, including accounts. In Karr, the
debtor made misrepresentations to the other board members. In Markley, the debtor lived out of the
corporate accounts. Here, Kim was one of several officers, but was not a member or manager of the
company, and did not participate in the massive pattern of misconduct like that found in Karr and
Markley. Whatever financial responsibility she had for the company did not come by virtue of her
office. By contrast, Dean was a member of the LLC and wielded "operational control," suggesting
that he was the de facto member-manager of the company.56
Without a statutory provision that defines the trust res, imposes a trust relationship on the
trust property, designates a member, manager or "other person" as trustee, or describes the
"trustee's" duties with respect to the trust property, I cannot conclude that the law imposed a
fiduciary duty on Kim with respect to the funds and property of the LLC that would sustain a §
523(a)(4) action.
to be in or not opposed to the best interests of the corporation and with such care as an ordinarily
prudent person would use under similar circumstances in a like position." Id. at 871, n. 2.
55 Id. at 871. See also, In re Steele, 292 B.R. 422 (Generic fiduciary duties of trust,
loyalty, good faith and fair dealing that director of closely-held corporation owed to minority
shareholder did not rise to level of fiduciary relationship of kind required by § 523(a)(4)).
56 Ex. A, p. 2.
Case 10-05243 Doc# 145 Filed 03/28/13 Page 22 of 24
The Receiver only pled a fiduciary defalcation claim under § 523(a)(4); he
did not assert a claim for embezzlement or larceny.
Finally, § 523(a)(4) sanctions not only a fiduciary's fraud or defalcation, but also debtor's
commission of embezzlement or larceny. These two alternative prongs of § 523(a)(4) do not require
proof of a fiduciary relationship, but they do require proof of a certain mental state.57 The Receiver
did not allege either embezzlement or larceny in the final pretrial order; he only asserted a claim
based upon fiduciary fraud or defalcation.58 Indeed no reference at all was made to embezzlement
or larceny. Nor does the record suggest that an embezzlement or larceny claim was tried by the
implied consent of the parties. The Tenth Circuit Bankruptcy Appellate Panel recently reaffirmed
that such consent is only implied when "a party introduces evidence on the new issue or fails to
object when the opposing party introduces such evidence."59 Nor did the Receiver move to amend
the pleadings to conform to the evidence at trial which is the way to raise a claim that was not
initially pled.60 Moreover, there is no evidence of the elements of embezzlement and larceny,
including Kim's intentional misconduct, in the record. Allowing such an amendment would be
57 In re Zanetti-Gierke, 212 B.R. at 380 (embezzlement or larceny is actionable regardless
of debtor's fiduciary status). In the case of larceny, the creditor must prove debtor wrongfully
took property of another without the other's consent and with the intent to convert the property
to debtor's own use. Embezzlement differs from larceny in that the debtor's original taking was
lawful and then fraudulently appropriated. Both require a showing that debtor intended to
convert the property to his or her own use. Id. at 381.
58 In addition, plaintiff's trial brief clearly articulates that Kim's debt should be excepted
from discharge under the fiduciary fraud or defalcation prong of § 523(a)(4). No mention of
embezzlement or larceny is made in the trial brief. See Adv. Dkt. 124.
59 Diamond v. Vickery (In re Vickery), ___ B.R. ___, 2013 WL 979099 at *10; BAP No.
12-051 (10th Cir. BAP Mar. 13, 2013).
60 See Fed. R. Civ. P. 15(b)(2); Vickery at *10, citing Green Country Food Mkt., Inc. v.
Bottling Group,LLC, 371 F.3d 1275, 1281 (10th Cir. 2004) (Conforming the pleadings to the
evidence is within the trial court's discretion.).
Case 10-05243 Doc# 145 Filed 03/28/13 Page 23 of 24
unjust and constitute unfair surprise – particularly to an unrepresented debtor. Pursuit of a §
523(a)(4) embezzlement or larceny claim would have required the Receiver to prove that Kim
intended to appropriate SBG's funds and property to her own use. Kim was never placed on notice
that she was being accused of that.61
Todd Duggins failed to prove that Kim Bratt made false representations that induced him to
invest in Shanannigans, L.L.C. Likewise, the Receiver failed to show that Kim Bratt had the
requisite fiduciary capacity to support a claim of defalcation under § 523(a)(4). While state law civil
wrongs may have been committed by Kim Bratt or by others not party to this action, there is no basis
for excepting the debts claimed by Duggins and the Receiver from Kim Bratt's discharge. Judgment
should therefore be entered for Kim Bratt on the complaint and costs taxed to the plaintiffs. A
judgment on decision will issue this day.
# # #
61 In contrast, a defalcation requires no mental culpability on the part of debtor and
includes conduct that does not rise to the level of embezzlement or larceny. Storie, 216 B.R. at
287-89 (debtor-fiduciary need not subjectively intend to breach her fiduciary duty); Merrill, 252
B.R. at 506.
Case 10-05243 Doc# 145 Filed 03/28/13 Page 24 of 24
- << Prev
- Next


text:
This presentation highlights the latest strategies for casual furnishings retailers to succeed in todays market. The presentation answers several important questions including: How to reposition yourself as a decision helper, rather than a retail clerk; How to demonstrate your products quickly and concisely; How to build value and avoid the discount nightmare; and much more.
Wednesday, November 9, 20112:00 - 3:30 p.m. EDT
(To view the following video full screen, double-click on the presentation after it loads. To go back to regular screen, hit Esc.)
From San Diego, California, Greg Welsh is a 28-year sales veteran with eight years of retail experience, nine years as a corporate trainer and 11 years as president of the Welsh Sales Group a training and sales development company. Greg has personally trained over 15,000 sales professionals I the past 19 years in over 12 different countries and 48 of the 50 U.S. States. His expertise is in consumer products including: home remodeling, in-ground pools, portable spas, musical instruments casual furniture, green energy and many, many other consumer products and businesses.
He has been a featured speaker at many National Conventions and Annual Dealer Meetings.
In the Casual Furniture Category, Greg was the featured Sales Trainer for Tropitone Furniture from 2003 to 2008, conducting 150 seminars in the casual furniture category during that time. Greg contracted with the ICFA last year to design, write and star in their new Sales Training Program which he is here to promote in this webinar.

subset: commoncrawl


text:
Wes Borland doesn't care about Limp Bizkit anymore. The guitarist can't even say for sure that he's still in the predominant rap-metal band of the late '90s. To hear him tell it, Limp Bizkit may not be an active band — period.
"We're officially on hiatus, maybe even officially over," Borland said. "It's kind of up in the air. No one said, 'We're done as a band.' Everyone's just doing their own thing, and [some members] don't have time for this band anymore. I haven't quit, but I've also decided to stop thinking about Limp. I'm not going to keep trying to breathe life into a dying animal.
"It just ground to a halt," he continued. "We just basically stopped talking. I feel bad for the fans that [might] think something's actually going to happen with Limp [in the future]. It's not happening. The Unquestionable Truth (Part 2) is not coming out. If it does, I'd be super surprised. But you can never say never. Anything's possible. As of right now, none of my future plans include Limp Bizkit."
Borland, who rejoined Limp Bizkit nearly two years ago, said he's moving on with an all-consuming focus to his new band, Black Light Burns. Even if Bizkit frontman Fred Durst were to call him to discuss reviving the group, he said he'd have to think long and hard about involving himself in what would, in essence, be a side project for him.
"I can't keep my life in a holding pattern, and I can't think of a band that's completely inactive as my main project," he explained. "Black Light is all I'm focusing on."
In fact, Borland even considers himself more a member of Florida post-hardcore band From First to Last (see "From First To Last Are Done With Wes Borland, Target Rob Zombie" ) than he does Limp Bizkit. The guitarist strapped on a bass during the recording of FFTL's forthcoming LP, Heroine, and even toured with the band last fall. "I am definitely writing their next record with them," he said. "I'm basically the studio bass player for From First to Last, and we have an agreement that whenever I can make it out and play shows, I will."
These days Borland's been concentrating on Black Light Burns' debut, Cruel Melody. Due this summer and featuring 12 tracks, it boast guest spots by Bizkit bassist Sam Rivers, British singer/songwriter Carina Round, Concrete Blonde's Johnette Napolitano and From First to Last frontman Sonny Moore.
Borland intends to assemble a touring version of Black Light Burns, since the musicians he'd worked with on Cruel Melody (renowned session drummer Josh Freese, former Nine Inch Nails guitarist Danny Lohner and Telefon Tel Aviv keyboardist/programmer Josh Eustis) will likely be preoccupied with other projects.
Before Black Light Burns' debut hits stores, Borland hopes to embark on a brief club tour. This fall, he said, the touring version of the band will be opening for From First to Last as part of a full U.S. trek; Borland will take the stage with both bands, playing two sets a night. And that's fine by him.
"It took me a long time to find my voice as a singer, and I'm happy that I did," he explained. "I can't stress enough how good it's going to feel to get back out there again. This is it for me — finally. It's everything I've ever wanted to do, every kind of music I'm into, all cemented into one statement."
So what's happening with Limp Bizkit, who have largely disappeared since the release The Unquestionable Truth last May? Borland said Durst is currently bolstering both his film résumé (see "Fred Durst: The Next Martin Scorsese?" ) and his A&R credentials, signing bands like She Wants Revenge to his Geffen Records imprint, Flawless. Rivers is producing local talent at his Jacksonville, Florida, recording studio. DJ Lethal is producing as well as working with House of Pain and his other band, Tarzana.
Although "Fred and I have never gotten along," Borland admitted, he said relations within Bizkit were amicable after he reunited with them. But tensions started to mount in the weeks before the release of The Unquestionable Truth.
"When [Fred] came to us with the idea of not promoting it at all, and not touring, we were like, 'Huh?' And he said, 'Yeah, it will be great — like we're starting from the underground all over again,' " recalled Borland (see "Limp Bizkit: What Happened?"). "I just said, 'Um … all right. So we're going to release a record and not promote it and not tour, and this is going to do well how, exactly?' It was like, instead of firing an armor-piercing round out of a 10-story cannon at the moon, we got out the BB gun.
"Maybe he was already unhappy with the music, and he didn't really want to put it out there," Borland continued. "It was definitely self-sabotage. I don't think Limp is actually very relevant [to] people anymore. We've been one of the most hated bands in the world for a long time, and I just think people are over it.
"I have never really been a fan of what we've done," Borland said. "It's what we did, [albeit] not what I wanted to listen to all the time. I was 100 percent participating, but [I never felt as if] 'this is the end-all, be-all band I want to be with.' I always felt like I was placed with the wrong band, but I still felt it worked well."
Track list for Black Light Burns' Cruel Melody, according to Borland:
- "The Mark"
- "Animal"
- "Lie"
- "Coward"
- "Cruel Melody"
- "I Have a Need"
- "4 Walls"
- "Stop a Bullet"
- "One of Yours"
- "New Hunger"
- "I Am Where It Takes Me"
- "Iodine Sky"


text:
- R602.8.1 Materials.
Except as provided in Section R602.8, Item 4, fireblocking shall consist of 2-inch (51 mm) nominal lumber, or two thicknesses of 1-inch (25.4 mm) nominal lumber with broken lap joints, or one thickness of 23/32-inch (18.3 mm) wood structural panels with joints backed by 23/32-inch (18.3 mm) wood structural panels or one thickness of ¾-inch (19.1 mm) particleboard with joints backed by ¾-inch (19.1 mm) particleboard, ½-inch (12.7 mm) gypsum board, or ¼-inch (6.4 mm) cement-based millboard. Batts or blankets of mineral wool or glass fiber or other approved materials installed in such a manner as to be securely retained in place shall be permitted as an acceptable fire block. Batts or blankets of mineral or glass fiber or other approved nonrigid materials shall be permitted for compliance with the 10 foot horizontal fireblocking in walls constructed using parallel rows of studs or staggered studs. Loose-fill insulation material shall not be used as a fire block unless specifically tested in the form and manner intended for use to demonstrate its ability to remain in place and to retard the spread of fire and hot gases.


text:
Nov 18, 2010 11:21 AM
True confessions time: We've actually made gingerbread before just to breathe in the fragrance it wafts through the kitchen as it bakes. Then, of course, we'd end up eating said gingerbread, and then our jeans got tighter, and then we got frustrated, which lead to us baking MORE gingerbread to inhale the scent, which lead to us eating the new batch of gingerbread, which.... You get the point. Which is why it's a very, very good thing that we've now found Philosophy 'The Gingerbread Girl' Foaming Bubble Bath & Shower Gel ($16). We think it's a feminine update to their classic Gingerbread Man scent, with a spicy-sweet ginger fragrance, plus tiny flecks of gold shimmer that leave a light glimmer behind on your skin. It's even pre-packaged for holiday gifting in a glittering gingerbread house-themed box.
Gingerbread is a fabulous smell. I must give this a try - sounds too gorgeous to be true.
If you've got a product or service that you'd like to promote on Outblush, click here to find out about our advertising opportunities.
Outblush is a blog for girls who love to shop. Our staff digs up the best clothes, home stuff, beauty items, and more. New items are posted every day — bookmark us and check out:


text:
Mats Gustafsson
Mats Gustafsson
Mats Olof Gustafsson (born on 29 October 1964 in Umeå, Sweden) is a Swedish saxophone player and a stalwart on the Scandinavian free jazz scene. He is known for his tonal belligerence and intensity when improvising.
He first came to the attention of lovers of improvised music as part of a duo with Christian Munthe (started in 1986) and the band Gush (started in 1988). He has later played widely with musicians such as Peter Brötzmann, Joe McPhee, Paul Lovens, Barry Guy, Yoshimi P-We, Derek Bailey, Magnus Broo, Otomo Yoshihide, Jim O'Rourke, Thomas Lehn, Evan Parker, Misha Mengelberg, Zu, The Ex, Sonic Youth and many others.
Since the early 1990s, Mats Gustafsson has been a regular visitor to the U.S., forming a particular affinity with Chicago musicians such as Hamid Drake, Michael Zerang and Ken Vandermark and recording for the city's OkkaDisk label.
In addition to projects with musicians, Mats Gustafsson has worked extensively with artists from the worlds of dance, theatre, poetry and painting.
Mats Gustafsson presently lives in Gärsnäs, Skåne, Sweden.
How To Raise An Ox
More info >
More info >
More info >
© 2008 Atavistic Worldwide.
Developed by


text:
Show off your team pride for your favorite college or university football, basketball, baseball, or ice hockey team with our vast selection of collegiate NCAA university sports bedding collections. NCAA bedding collections are great for any kids, boy's and teens bedroom or a college dorm room. Our college and university sports bedding collections are NCAA licensed bedding and provides you with everything needed for your room to be a sports haven. Available in twin and queen sizes, our NCAA bedding is ideal for creating a NCAA inspired bedroom decor using our themed bedding including comforters, decorative accent pillows, bedrest pillows, standard pillow shams, bedskirts, sheets, valances, drapes, wall borders, wall hangings, and shower curtains. Select from the following NCAA bedding collections; Alabama Crimson Tide, Arkansas Razorbacks, Auburn Tigers, Duke Blue Devils, Florida State Seminoles,
continued.. Florida University Gators, Georgia University Bulldogs, Illinois Fighting Illini, Iowa State Cyclone, Iowa University Hawkeyes, Kansas University Jayhawks, Kentucky Wildcats, Louisiana State Tigers, Louisville Cardinals, Miami University Hurricanes, Michigan State Spartans, Michigan University Wolverines, Missouri Tigers, Nebraska Cornhuskers, North Carolina University Tar Heels, Notre Dame Fighting Irish, Ohio State Buckeyes, Oklahoma University Sooners, Penn State Nittany Lions, South Carolina Gamecocks, Tennessee University Volunteers, Texas A&M Aggies, Texas Christian Frogs,Texas Tech Red Raiders, Texas University Longhorns, Virginia Tech Hokies, West Virginia Mountaineers, and Wisconsin Badgers.


text:
- Flying Broomsticks
- Heart Of Cinema Shifts To Cannes
- Travels With Mom
- The Curtain Goes Up On Istanbul
- A Single Concert
- Stıll Lookıng On Afar?
- Prayer Beads, Coffee Cups, Lecterns And More
- Opeing Doors
- Japanese Art Through Turkish Eyes
- Puppets In Istanbul
- Ottoman Fountains
- Mediterranean Artists In Istanbul
- Festival For A Poetic City
- Celebrating Our 9 May Europe Day
- For A Start...
- Do You Know Hasankeyf?
- Treasures Of The Sultans In Moscow
- Topkapı Hosting The Kremlin
- Pecs Essen İstanbul
- A Concert For Film Buffs
- Turkish Literature In Word Languages
- International Works Film Festival
- Turkish Airlines Big Support For Golf
- Turkish Airlines Opens Office In Batum
- Travel Beyond Borders
- Gratitude From Pakistan
- Agents Dinner Astana
- Appreciation For Turkish Airlines From Moldova
- Appreciation For Turkish Airlines From Moldova
- Sochi: New Route To Russia
- Turkish Airlines Support For The Final 4
Festival For A Poetic City
The International Istanbul Poetry Festival is an event eminently befitting the city, especially in spring…
The International Istanbul Poetry Festival is bringing prominent poets of Turkey and the world together once again in Istanbul. The festival will kick off with a Zuhal Olcay concert at the Harbiye Muhsin Ertuğrul Theater on the evening of May 11. A number of Turkish and foreign poets who have carved a place in memory with their poems about the city will also read from their own works on opening night. Among these Istanbul poets are: Vedat Türkali, Turan Oflazoğlu, Melisa Gürpınar, Hüseyin Avni Dede, Christopher Middleton, Luis Alberto Cuenca, Vasiliki Papageorgiou and Marc Deleuze.
The theme of this year's International Istanbul Poetry Festival is the poetry and literature of Ireland. Taking this theme as its point of departure, a 'Modern Irish Poetry Exhibition' in the nature of a retrospective looking back from our day to W.B. Yeats will be held at the Beyoğlu Art Gallery. Another project based on the same theme is the 'Anthology of Modern Irish Poetry', currently in preparation.
A total of 44 poets, 20 Turkish and 24 foreign, are participating in the festival, which runs through May 15. Venues for the festival activities are: the Archaeological Museum, Yerebatan Cistern, Galata Tower, the D&R Bookshops, and various mansions around the city.


text:
|No. 63 Idaho Sets Up Boise State Rematch
BOISE - Two days after losing by the smallest of margins to Boise State the No. 63 Idaho men's tennis team will get another chance to upset the No. 52 Broncos.
Idaho advanced to the finals of the Boise State Spring Break Classic by defeating Ball State and Cornell on a bust Saturday.
"We played really well today and advancing to the finals is a great accomplishment for the team," Idaho Director of Tennis Jeff Beaman said. "This is a really strong field so to advance to the finals is impressive."
In the first round, the Vandals disposed of Ball State 4-2. Lachlan Reed, Adrian Simon, Stanislav Glukhov and Alex Joitoiu won singles matches to put the game out of reach before doubles play was needed.
The second round was similar to the first expect with the doubles portion being played. Idaho fell in doubles but won 4-3 with Reed, Simon, Glukhov and Joitiou all recording singles victories.
Idaho lost to Boise State 4-3 on Thursday in a match that came down to the third-set of the last singles match.
"We are looking forward to having another shot at Boise State," Beaman said. "Our first meeting was as close as a tennis match can get."
The Vandals face No. 52 Boise at 11 a.m. at the Boise State Appleton Tennis Complex on Sunday.


text:
BOULDER – University of Colorado women's tennis head coach Nicole Kenneally has announced that Tina Bokhua and Kyra Wojcik have each signed a National Letter of Intent to play tennis with the Buffaloes in 2014-2015. Both women signed during the NCAA's regular signing period.
Bokhua, who makes her home in Moscow, Russia, will major in business. She is a member of the Russian junior national team and has been ranked as high as ninth in her native Russia.
Bokhua's highest International Tennis Federation (ITF) junior ranking is No. 295. She took third place in the Russian championship (under 16 singles) in 2011 and was a runner up finisher in the doubles under 18 in 2013.
She won the 2014 ITF junior tournament (grade 4) in Finland and also the ITF grade 4 doubles in Belarus. Among her other runner up finishes was the 2013 grade 4 tournament in Finland; grade 5 in Russia in 2011 and 2012; and a 2012 doubles in Belarus (grade 5 ITF); and in Russia in 2011 and 2012 (grade 5 ITF).
"We are excited for Tina to join us in August," Kenneally said. "With the strong results which Tina has showed, she will add to the depth of our program, both in singles and doubles. It will also be fun to have a lefty on the team again as our last lefty (Erin Sanders) graduated in 2013. Tina is coming a long way from home and was highly recruited. We are pleased to welcome her to the Buff Family."
Wojcik, who resides in Goodyear, Ariz., will study biology in the fall of 2014 at CU.
Wojcik, a five-star recruit by Tennisrecruiting.net, is ranked among the top 50 in Florida (Girls 18s) and ranked as high as No. 4 in the southwest region (Girls 18s).
Ranked No. 135 nationally in the girls 18s, Wojcik won a pair of national L4 tournaments in the southwest and made two quarterfinals regional tournament appearances. She was a finalist of a 10,000 ITF doubles tournament in Bogota, Colombia and has defeated several top 50 ITF ranked opponents.
Wojcik is also ranked among the WTA (Women's Tennis Association) with a singles ranking of No. 1044, and doubles of No. 854.
"We are really excited to have Kyra join our program and we cannot wait to have her join us in August," Kenneally said. "We see a lot of upside to her game and believe she will fit right in with where we continuing to take the program within the Pac-12 Conference. We see her being a big contributor over the course of the next four years. Kyra had opportunities at several great institutions and we are humbled that she chose to compete and become a member of the Buff family."


text:
Sep 11, 2013 11:15 AM
Eliza writes: "Longtime reader, first time writer. I am getting married in March (yay!) but I am majorly striking out on finding bridesmaid dresses that won't break the bank or ruin friendships! Having been a bridesmaid myself several times, I know how important it is to choose well. I am looking for a pale pink dress for them (my colors are pale pink and gold), either short or long, and preferably under $200. I'm not picky on fabric, but I do have many different sizes (and one post-pregnancy body) to accommodate) so I was looking for a line that had a few necklines in the same color, or something that would be flattering on all types. If you found awesome gold shoes to go with the dresses that would be incredible too :) Please help!! Thank you so much!"
The common wedding conundrum: How to make everyone look fabulous without all going into debt. Luckily, as much as everyone fake complains about wedding dress shopping, it is actually a ton of fun, and there are a million options! Here are a variety of pale pink dresses that should flatter most body types and hide post-baby bumps. Hopefully your friends will all feel gorgeous in them so you all can focus on the party!
Note: #5 & 7 are from the same designer and are sure to complement one another.
1. Sleeveless Chiffon Short Dress with Beaded Straps ($149)
2. Nina Benicia ($50)
3. JS Collections Strapless Dress ($168)
4. J. Renee Evon Peep-Toe Pumps ($99)
5. Donna Morgan Rhea($178)
6. Nina Forbes ($79)
7. Donna Morgan Jessie ($178)
Frustrated in your search for that perfect leather handbag, red stiletto pump, or whatever makes your heart go thump in the night? Click here to check out our requests for you, the reader, and to contact us, and we might do the shopping work for you in a future Personal Shopper feature!
Lizzy here: I love drooling over designer goods all day, but get total satisfaction out of quality items at a great price. Buyer's remorse is a foreign term for me because I believe you can rock just about anything with the right attitude and accessories. (And because I meticulously look over every detail of an item before I buy.)
Wedding dresses for bridesmaids don't necessarily have to be expensive because they are usually being used only once. Simple wedding dresses will do as long as it complements the bride's looks.
If you've got a product or service that you'd like to promote on Outblush, click here to find out about our advertising opportunities.
Outblush is a blog for girls who love to shop. Our staff digs up the best clothes, home stuff, beauty items, and more. New items are posted every day — bookmark us and check out:


text:
About Us
Submit Press Release
Mobile & Palm
Network & Internet
File Sharing & Peer to Peer
Ares Galaxy Turbo Booster
Ares Galaxy Turbo Booster Full Description
Ares Galaxy Turbo Booster(AGTB) is a powerful acceleration plugin for Ares.
Full Description
Download Boosters
9, April 2014
1976 Kb
Download Ares Galaxy Turbo Booster »
Product Info
Ares Galaxy Turbo Booster(AGTB) is a powerful acceleration plugin for Ares file sharing program. State of the art software technology used by AGTB generates dramatically decreases of downloading time. The addon consumes very low resources from your computer and the nice and easy interface offers a great experience. AGTB is an essential accessory for any Ares user and is FREE. NO Ads, NO Adware, NO Spyware, NO Trojans bundled. Features: Interface is nice and accessible; Interface is easy operable by a system tray icon; Completed and bad files are cleared automatically; Searches more sources at user specified periods; Automatically resumes paused downloads; Configuration from last run is saved and auto loads on startup.
What's new in current version
Performance enhancements. User can now choose the network interface.
Ares installed.
Please contact Ares Galaxy Turbo Booster publisher,
Download Boosters
if you have questions or issues regarding this product.
ESET NOD32 Antivirus 5.0 scan report
Scanned files: 1 Threats detected: 0 Time: 0s
Clean and Safe Certified
Download version 6.1.6
was tested on www.softarea51.com
with ESET NOD32 Antivirus
on 25, July 2013
Kaspersky Anti-Virus 2013 scan report
Scanned files: 65 Threats detected: 0 Time: 12s
Clean and Safe Certified
Download version 6.1.6
was tested on www.softarea51.com
with Kaspersky Anti-Virus
on 25, July 2013
View Ares Galaxy Turbo Booster full scan reports »
Share Ares Galaxy Turbo Booster Review, AGTB is a powerful plugin for Ares Page
Page URL:
Buy Ares Galaxy Turbo Booster
license key or activation code online from RegNow! using one of these payment methods: Credit Card, PayPal, Bank/Wire Transfer, Check/Money Order, Open Invoice (European). The order process is protected via secure connection using VeriSign Secure Socket Layer (SSL) technology.
Using a crack or a pirated serial or key generator to activate Ares Galaxy Turbo Booster full version without buying a license key is against the law.
Featured downloads
Adobe Flash Player
Flash Player is a cross-platform browser plug-in that delivers breakthrough Web experiences to over 98% of Internet users
Download now!
Motorola Mobile PhoneTools Deluxe
Connect your laptop to your cell phone, use your cell phone as a modem; synchronize cell phone contacts and calendar with your PC. Complete Outlook integration. Create mobile media with ringtone software features, wallpaper and video editing tools.
Download now!
The award-winning Firefox Web browser has security, speed and new features that will change the way you use the Web. Don t settle for anything less
Download now!
Related downloads
Ares Galaxy Acceleration Tool
AresGalaxy Acceleration Tool is a new add-on for AresGalaxy file sharing program.
DC++ Acceleration Patch
DC++ Acceleration Patch is an exceptional download-acceleration application that will help you by boosting DC++ downloads spectacularly.
eDonkey Acceleration Patch
eDonkey Acceleration Patch is a powerful accelerator designed to speed up your eDonkey file sharing program.
BearShare Turbo Accelerator
BearShare Turbo Accelerator is an add-on for people who use BearShare P2P file sharing utility to downloadmusic, movies, books and any other files.
BitTorrent Acceleration Patch
BitTorrent Acceleration Patch is an innovative plug-in for BitTorrent. Architecture of the program is designed to permit you downloads of MP3s, movies and other desired files at highest speed.
WinMX Turbo Booster
WinMX Turbo Booster is a powerful plug-in for WinMX P2P application. Hottest technology applied boost up downloads speed and increase the amount of download sources.
CruX is a peer-to-peer client for Windows that allows you to download any file-type found on several popular P2Pnetworks. CruX is FREE. Simply download it and use it, no strings attached.
Shareaza Turbo Accelerator
Shareaza Turbo Accelerator is a potent add-on to Shareaza P2P application. Most modern technology used augment download speed and enlarges the amount of download sources.
WinMX Turbo Accelerator
WinMX Turbo Accelerator is a powerful plug-in for WinMX P2P application. Hottest technology applied boost updownloads speed and increase the amount of download sources.
Related Press Releases
Share Search Engine Friendly File URLs using Banckle File Sharing
Banckle File Sharing is a web based file storage solution in the market that allows you to quickly and securely share files with your customers, teams or anyone. Usually the file URLs are encoded with unintelligible strings when shared online and they are not readable by humans and bots as well. But now, with Banckle File Sharing, the file name is embedded within the file URL to makes it easily...
Introduction of Unoh Search - the Search Tool for Internet Explorer s Toolbar from Unoh Inc
Tokyo, Japan -- August 28-- Unoh Inc. introduces a new additionto their family of innovating Internet creations, Unoh Search. Unoh Search is asearch tool that is placed on your Internet Explorer toolbar that allows users toregain previously visited websites and pages by looking up certain keywords. UnohSearch will automatically accumulate all websites and pages that you have visited...
Idokorro Launches Mobile File Manager with Support for Windows File Sharing
Mobile Admin 2.5 allows users to manage remote and local filesand folders. The latest Mobile File Manager supports Windows File Sharingconnections, which allows users to browse their Windows network and access shareddrives, folders and files right from a BlackBerry handset.With Mobile File Manager, BlackBerry users can perform tasks such as: email filesfrom remote computers, edit web pages and...
Banckle File Sharing Remote Backup & File Storage in the Cloud
Banckle File Sharing is a perfect FTP replacement and online backup solution that allows you to send, receive and track shared files anytime from anywhere. The centralized cloud storage model makes all synchronized files available to any computers or devices linked to the service. Banckle File Sharing understands your business needs and ensures maximum security by encrypting all your shared...
Guruji com, India s first local internet search engine, announces a content sharing partnership with Infomedia India Ltd
Guruji.com India s first local internet search enginepartners with Infomedia India.Guruji.com, India s first local internet search engine, announces a content sharingpartnership with Infomedia India Ltd.Bangalore- November 10th, 2006: Guruji.com, backed by Sequoia Capital India, hasannounced a partnership with Infomedia India Ltd. Infomedia is one of India sleading media...
Search Tool Exposes An Internet That Most People Are Amazed To Discover
Today, Simply Brilliant Inc. announces the launch of SearchAutomator Pro, a search tool that turns an average searcher into an expert searcher- a skill that 's becoming increasingly important. "With search now being the #2 activity online, there 's never been a greater need fora tool like this than right now, " says Derek Franklin, the creator of SearchAutomator Pro. These...
Related software and technology conferences
ARES-IND 2013 - INDUSTRIAL TRACK at the Eighth International ARES Conference
Preliminary Call for Papers INDUSTRIAL TRACK At the Eighth International Conference on Availability, Reliability and Security (ARES-IND 2013) http://www.ares-conference.eu University of Regensburg September 2nd - 6th, 2013 Industrial Track The Industrial Track at the 8th International Conference on Availability, Reliability and Security (ARES-IND 2013) provides a...
ARES - The International Conference on Availability, Reliability and Security
The Third International Conference on Availability, Reliability and Security (
AReS 2013 - The Eighth International Conference on Availability, Reliability and Security
National Conference on Recent Issues in Network Galaxy (RING 2013)
Privacy policy
Terms of use
Request review
Copyright @2006-2011, Softarea51.com


text:
GREAT SHOT liked n voted,greets
beautiful photo
like e vote
Very nice view.
Like & Voted
Best wishes, OLYMPIST
Beautiful soft colored shot. Like + vote
Very nice photo!
Like it!
Best regards, Imre
Great picture! Like(45)+vote! Gretings from Israel. Ilan
Greetings, Krzysztof
Beautiful place like, voted
Greetings, Magdi
VOTED.... nice work
uouɐqǝl ɯoɹɟ spɹɐƃǝɹ - regards from Lebanon
►►►Ali Shaib◄◄◄
Excellent shot, VOTED + LIKE!
Greetings Z.
I Like-49 and Vote this very nice photo!!
Good luck in this contest.................!!
Greetings and best wishes from Greece-Piraeus.
Very beautiful.
Voted + Like
Best regards Dieter
Very beautiful photo !!!
Like 51 , V O T E D !!!
Friendly greeting and best wishes from Bulgaria , Rosi
Great photo!
Excellent Gallery!
I like it! + Yes
Regards and best wishes,
The promenade of La Coruña, one of the most beautiful. Where to go quiet and relaxing. Greetings from Spain ME GUSTA MUCHO
Fermosa imaxe da bahía coruñesa, con ese ceo gris tan característico. Like! Un saúdo.
Photo taken in A Coruña, A Coruña, Spain


text:
A big topic of discussion in ag-circles these days is whether or not increasing farmland values are legitimate or a "bubble". Bryce Hansen is a real estate broker and auctioneer with Hansen & Young Incorporated in northwestern Wisconsin. He says land values in his area have increased 20-30 percent in the last couple of years. He says the price varies by type, size of plot and location so you will see anything from $2,500 to $8,000 per acre. He credits some of the increase to urban sprawl from the Minneapolis-St. Paul area but another factor is the increasing number of cash crop farmers in Wisconsin. Those farmers want more land and that is leading to more demand and higher prices.
Hansen notes that while land values do cycle, there is additional support from the demand for ethanol and the export market, especially China.


text:
We had a great month of October in 'spreading the wealth' and assisting with 'stimulating the economy'.
The wife has been wanting a bolt action to learn to shoot and do some hunting with, so her birthday present was a Savage Edge XP in .223, came with 3-9x40 scope for $299. I know its not a 70 or 700, not going to be used for 300 yard elk shots in the mountains, but it will serve the purpose desired....and uses ammo I already have stocked up :smile: We go to the range next week
Next, went to the local gun show and found my son his first gun....a Remington 597 semi-auto .22. Absolutely perfect condition and beautiful blue/gray stained stock, 4x scope, and of course I had to get some 30 round spare mags :image035: He is so excited and the smile on his face and him expressing his appreciation was worth every penny. We head to the range next week to continue his learning and test out the rifle (I added a sling I had laying around)
Then a few aisles over....I found something I'd been wanting for awhile....an SKS to go with the AK, had a scope, good condition...couldn't pass it up
and lastly.....my Rock River AR-15 for duty came in, getting it on payroll deduction, no interest....came with Eotech, single point and 2-point slings, Streamlight TLR-1, and 3 30 round mags; I take the week long rifle class/certification next month
Attachment 21925Attachment 21926Attachment 21924Attachment 21923


text:
I had a request for a tutorial on how to apply shadow and to explain what I meant by crease, lid, etc. So here's a little explanation on the jargon.
Also, don't think I can't hear you snickering away at my primitive and sophistication-starved graphics. For some reason my computer isn't working optimally and so I can't open up too many programs. That's why I went into paint. This is the truth, plain and simple. I always have a spear made out of flint to whack you with if you disbelieve me.
The Lid:
The part contained within the yellow lines is the lid area (I think I deserve an award for this proclamation). It's pretty basic and this is where the 'main' shadow colour goes.
The Crease:
This part is where the eye socket meets the brow bone. The area that's enclosed by the lighter blue lines is bigger and I find it the easiest to manipulate without looking weird. In this area, I feather out the crease shadow and make the space designated to softening out the crease. The area is also bigger and I can get away with applying more colour here. For me, that's a good rule to follow I'm just going for the lid-crease-highlight combo.
In the area that's enclosed by the darker blue lines, I have less space to spread the crease shadow out. I like applying darker shadow in the inner crease area for different effects but if you're not familiar with it, I suggest you just familiarize yourself with your 'blending areas' first.
Blending Out:
After feathering out the crease shade in the designated areas, depending on the look, I blend the crease shade outward and inward. You can bend the crease deep into the lid or make it dip slightly into the lid shade. The same goes for the brow bone.
The Brow Bone:
This is the area under the brows and ends when it its the socket. I like to keep the shadow heaviest right under the brows and blend it into the crease.
I had a request for a tutorial on how to apply shadow and to explain what I meant by crease, lid, etc. So here's a little explanation on the jargon.
7 comments:
- anitakrishlee said...
Hey! They are well illustrated graphics :)1:39 AM
- An Indian's makeup musings said...
Gorgeous skin Anu !!! I Have a request - can you put up your skin routine for summer....9:04 AM
I am looking for new products and would love to know your routine!
Indian Girl
- nywele said...
thank you for such a helpful tutorial! I loooove Mulch. I always feel that my make-up skills are not sharp enough. I love the illustrations, it is very helpful!!9:04 AM
- Anu said...
Hey anita:
i'm glad you're defending me. at least one person who can join in on the flint-spearing of nay-sayers :P.
Hey indian girl:
i will post it asap. to be honest i'm recovering from the worse bout of adult acne i've had in a while thanks to my exams.
hey nywele:
so glad you liked it :). i love mulch too. i think if i EVER use up a shadow, it will be this one.
- worship-elle said...
Oh, love it. Thank yp. I also have a other question uhm, if you have a skin one like your what is the best way to add black eyeshow?3:55 AM
- Anjali Sinha said...
Escorts Services in Bandra3:11 AM
Escorts Services in Juhu
Escorts Services in Mumbai
Escort Girls in Mumbai
Escorts Services Juhu
Call Girl Mumbai
Juhu Escorts Services
Independent Mumbai Escorts
Adult Escorts in Juhu
Mumbai Escorts Girl
- Anjali Sinha said...
Escorts Services in Mumbai3:17 AM
Escorts Services in Bandra
Escorts Services in Juhu
Mumbai Escort Girl
Escorts Services Juhu
Call Girl Mumbai
Female Escorts In Mumbai
Juhu Escorts Services
Independent Mumbai Escorts
Independent Escorts in Juhu
Escort Girls in Mumbai
Mumbai Escorts


text:
- By Alexander Osipovich
- Nov. 25 2005 00:00
Last week, artist Mikhail Shemyakin presented 13 minutes of "Hoffmaniada," his first animated film, to a Moscow audience. The film is based on the tales of 19th-century German author E.T.A. Hoffman. Shemyakin is no stranger to Hoffman's works; in 2001, he designed the sets and costumes for a Mariinsky Theater staging of "The Nutcracker," the Tchaikovsky ballet based on a Hoffman story. Shemyakin and his collaborators at the Soyuzmultfilm animation studio plan to make "Hoffmaniada" a full-length feature -- if they can raise the funds to make the rest of the film.


text:
Image example:
When I first installed my Hyper 212 Evo I didn't follow the instructions closely, and did not do the above.
The machine seems to runs fine but I'm paranoid I damaged the 3770K in some way. The CPU has some scrapes on the top, but I bought it off of eBay so that may be the cause. What is the likelihood I damaged the CPU and how would I know?


text:
I having hoping for a decade for some genuine nude Mariah Carey pictures to surface. I am resigned to the fact it's not gonna happen so I make do with the next best thing. Check out this nude fake of Mariah. Mmm I think they've got the size of her boobs just right!
This image is from Celeb Defamer. They have fakes like this of thousands of famous women. From actresses to pop stars to sports women they've got it covered. Swing by and check out their free tour to see a little more.


text:
According to TSN, Canadian Olympic gold medalist Rob Blake of Simcoe, Ontario was inducted into the Hockey Hall of Fame in Toronto on Monday. Blake, who played 20 seasons in the National Hockey League with the Los Angeles Kings, San Jose Sharks and Colorado Avalanche as a defenseman, won a gold medal for Canada at the 2002 Olympic Winter Games in Salt Lake City.
Blake had 240 goals and 537 assists for 777 points in 1270 regular season games from 1989-2010. In the playoffs, Blake had 26 goals and 47 assists for 73 points in 146 regular season games. During the six games Blake played for Canada at the 2002 Olympic Winter Games, he notched one goal and two assists for three points.
Blake's finest offensive season in the NHL came in the 1993-94 season with the Kings. That season he had 20 goals, a career high 48 assists and a career high 68 points. Blake played in six NHL All-Star games, won the Norris Trophy for the best defenseman in the NHL while with the Kings in 1998 and won a Stanley Cup with the Colorado Avalanche in 2001.
Blake was inducted into the Hockey Hall of Fame on Monday with goaltending legend Dominik Hasek of the Buffalo Sabres, hockey coach Pat Burns of the Montreal Canadiens, power forward Peter Forsberg of the Colorado Avalanche, American star Mike Modano of the Dallas Stars and referee Bill McCreary. Interestingly, Forsberg was a two-time Olympic gold medalist for Sweden and Hasek won an Olympic gold medal for the Czech Republic at the 1998 Olympic Winter Games in Nagano.
There was more hockey news on Monday. According to the Canadian Press, the Vancouver Canucks have named Willie Desjardins as their head coach and the Philadelphia Flyers have traded Scott Hartnell to the Columbus Blue Jackets for R.J. Umberger and a fourth round pick in the 2014 NHL Entry Draft.


text:
May 22, 2007 12:49 PM
Make a bold, yet feminine, statement with this Silk Woven Top from Banana Republic ($78). The red silk top is adorned with a macramé woven front and knotted straps. It's so pretty and perfect for day or night.
If you've got a product or service that you'd like to promote on Outblush, click here to find out about our advertising opportunities.
Outblush is a blog for girls who love to shop. Our staff digs up the best clothes, home stuff, beauty items, and more. New items are posted every day — bookmark us and check out:


text:
I downloaded the ISO image for Ubuntu 11.10 and when I tried installing it did not work. It loads until where it shows you how the new Ubuntu looks like. On the desktop and the launcher there are "buttons" for installing and whenever I click on any of those nothing happens no matter how long I wait. But whenever I click on anything else it opens, like the "settings" etc. I don't know what the problem could be and I need your help.
When I was downloading the image my computer went to sleep and I realised after many minutes that it had stopped downloading and was "asleep". Could this have affected the image to make it not install? Everything else in the disk seems OK except for the install buttons. Help urgently, please.


text:
Gift to fund New Balance Foundation Marine Mammal Center, which will offer innovative childhood fitness programs
BOSTON, MA - November 2, 2007
The New England Aquarium announced Thursday evening that it has received a $3 million gift from the New Balance Foundation to help build the New Balance Foundation Marine Mammal Center and to develop innovative programs using seals and sea lions to promote childhood fitness.
As the Aquarium's newest signature exhibit, the New Balance Foundation Marine Mammal Center is designed to provide up-close visitor interaction with these truly amazing creatures. The Aquarium is planning to begin construction in the fall of 2008 with a grand opening in the spring of 2009 to coincide with the Aquarium's 40th anniversary.
During the second phase of this unique partnership, the New Balance Foundation "Get Your Feet Wet" programs will promote childhood activity and fitness by connecting kids to some of the most charismatic and athletic animals in the natural world – marine mammals. The program will feature a sea lion fitness mascot, custom sea lion fun and fitness sessions for kids and their families, and a special week-long program at the Aquarium's summer camp called the New Balance Foundation's Marine Mammal Maniacs.
"As the Aquarium moves forward with plans to build our new marine mammal center, the New Balance Foundation gift provides a crucial funding boost necessary for this exciting new facility," says Aquarium President & CEO Bud Ris. "This partnership is a wonderful and natural fit for both organizations".
"The New Balance Foundation is committed to encouraging childhood fitness and activity, and there is no better way to connect children to nature and the outdoors than through animals," says Anne Davis, Managing Trustee of the New Balance Foundation. "Our partnership with the New England Aquarium through the new marine mammal center will help kids get moving and active through exposure to some of the most engaging sea animals on the planet".
The New Balance Foundation is a long-term supporter of the New England Aquarium, particularly its programs with children. The Boston-based Foundation was a Founding supporter of the Aquarium's Harbor Discoveries Camp as well as its Future Leaders for a Blue Planet program. New Balance Athletic Shoe, Inc. is a long-time member of the Aquarium's Corporate Partner program.
About the New Balance Foundation
The New Balance Foundation is a charitable foundation established in 1981 and funded by New Balance Athletic Shoe, Inc. The Foundation's mission is to support effective charitable organizations which perform humanitarian services for the betterment of our children and our local community.
About the New England Aquarium
Located on the Boston waterfront, the New England Aquarium is one of the most prominent and popular aquariums in the United States. Hosting more than 1.3 million visitors each year, the Aquarium is also a leading ocean conservation organization with research scientists working around the globe and biologists rescuing stranded marine animals in New England.
New England Aquarium contact: Tony LaCasse, 617-877-6871
New Balance Foundation contact: Amy Vreeland, 617-746-2214
Events Calendar
Come see what's happening


text:
Links for 25th June 2008
By user12607856 on Jun 25, 2008
- Tribute To George Carlin
There are a lot of similar link out there. Yeah, I'm a couple day late. As I've mentioned before, I didn't enjoy everything he did, but you can't get away from the fact that he changed the face of comedy. Whether always for good or bad is hard to tell.
- Virgin's Data Visualization web page
Personally I'm not sure how particularly useful (or easy) their site is, to actually understand their data.
Representing large data sets in a visually easy-to-use intuitive manner is hard. There are probably a few PhD dissertations on this still to be written.
- Algorithm Geeks
Need a particular algorithm and can't work out how to do it, or find it when you go a-googling? Well here's your chance to elicit the help of lots of alpha-geeks.
I wonder how long it'll be before somebody comes up with the idea to take the "best of" from this group, and put it all together in a book...
(via Hackszine).


text:
On 1oth September 2009, fortysomething of Bobby's true friends met up at an old stomping ground - Hardy's in London - to remember our dear, recently departed friend.
It was a magical and memorable night, as these vibrant photos record..............
My dad was a semi-pro photographer, so I've been taking pictures for fifty years now, since I was a nipper. With the arrival of digital, then flickr, then blurb, everyone can publish their best work, and hooray for that. My approach to photography is simple - make your eye the lens. Crop as little as possible, photoshop as little as possible. Show what you see, never add in what wasn't there to begin with. Then edit ruthlessly. I hope you enjoy the results Mike
Comment posted.
Log in or create an account to post a comment.
Three years Published November 15, 2009
Driven Insane Published May 11, 2009
Lenseye in India Published May 10, 2009
The Fisher Kings Published November 18, 2007
Scotland from the sky Published November 05, 2007
lenseye Published September 19, 2007


text:
The Advisory Commission is led by a Chair and a Vice-Chair, each representing a Host country and a Donor country. They are appointed annually at the June meeting of the Advisory Commission from among its members according to alphabetical rotation, and serve for one year beginning 1 July. The Chair alternates at each appointment between a Host and a Donor country.
Mr. Ali Mustafa, Director of General Authority for Palestine Arab Refugees (GAPAR), Syrian Arab Republic
Ms. Veronique Hulmann, Director of the Swiss Agency for Development and Cooperation, Switzerland
The Bureau, in close consultation with the Advisory Commission Secretariat, enhances the effectiveness of the Advisory Commission, especially in preparation and facilitating of discussions leading to Advisory Commission meetings. The Bureau comprises the Chair of the Sub-Committee of the Advisory Commission, and two Vice-Chairs. These three officers, of which at least one must represent a Host country, are appointed by the Advisory Commission each year at its November session from among its members.
Bureau of the Sub-Committee
Ms. Segolene Adam, Deputy Director of Cooperation, Switzerland
Mr. Guy Lawson, Regional Refugee Coordinator, USA
H.E. Eng. Mahmoud Al-Aqrabawi, Director-General of the Department of Palestinian Affairs, Jordan


text:
By Katie Serignese
Nintex, provider of software that extends Microsoft SharePoint, introduced Monday Nintex Workflow 2010, its third-generation SharePoint workflow product. The product includes a new drag-and-drop workflow designer as well as other workflow features.
Users can extend Nintex Workflow 2010 by creating User Defined Actions with the drag-and-drop workflow designer. This feature enables users to export workflows to Visual Studio and to package and share workflow segments within other workflows.
Adding to the Microsoft SharePoint document management and collaboration platform, Nintex Workflow also enables users to automate business processes, such as integration across external applications and data sources, and connects to other systems including Microsoft CRM and Exchange Server.
Nintex Workflow 2007 customers with software assurance agreements can upgrade at not charge. Videos and a free 30-day trail are also available.
Thursday, July 15, 2010
No comments:
Subscribe to: Post Comments (Atom)


text:
Anna Merriman and Loren Genson | The Gazette
Residents whose homes were flooded and belongings destroyed in the May 12-13 storm that hit Northeast Ohio may find relief in loan assistance from the federal government.
Gov. John Kasich has requested loan assistance from the U.S. Small Business Administration to help residents affected by flooding.
The SBA has declared the storm and flooding a disaster in Medina, Lorain, Ashland, Cuyahoga, Erie and Huron counties, making affected homeowners, renters, businesses and nonprofit organizations eligible for a disaster loan.
People may replace their real estate with a loan of up to $200,000 and personal property with a loan up to $40,000.
Some Medina County residents had hoped to qualify for federal grants through the Federal Emergency Management Agency. But the storm didn't cause enough damage to meet FEMA criteria for grant assistance that would have covered the uninsured.
On Friday, the SBA released information on how to apply for loans and what requirements the SBA has before providing aid.
Residents in the northeastern corner of Medina County were hit hard by the storm that washed out roads, bridges and overpasses. Homes along Granger Road saw flooding throughout their first floor. In Brunswick, many basements flooded as storm sewers became overwhelmed by more than 4 inches of rain that fell within one hour.
In Lorain County, Lorain and North Ridgeville were among the hardest-hit areas. In Lorain, entire streets including Tower Boulevard were washed out in the storm, while North Ridgeville saw some of its residents rescued from flooded homes in boats.
Contact reporter Loren Genson at (330) 721-4063 or firstname.lastname@example.com. Contact reporter Anna Merriman at 329-7245 or email@example.com.