text:
I will try to keep this question simple. I've done much research on the topic, and haven't found any solution.
GUI Tests fail when doing maven builds on Hudson (Jenkins). Hudson is running as a service, logged on as Local System. I have enabled the service to interact with the desktop, but the tests are still failing.
The machine is a WinXP 64bit, but I have the option to migrate to Win7 64bit if that will fix this.
How do I get GUI tests passing during a hudson (maven) build?


text:
LAST MINUTE DISCOUNT!If you are looking for a room at the last minute, we do offer special room rates for people booking within 24 hours of their stay. To find out the best rate please call us:
Georgian House Newsletter!
Gatwick Airport
London's second largest and second busiest airport.
Some Facts about Gatwick Airport
Gatwick is the busiest single runway airport in the world, the second largest airport in the UK and the sixth busiest international airport in the world. Its development strategy for the future focuses on the airport's expansion as a single runway, two terminal airport, as it grows to handle around 40 million passengers a year, within the next ten years.
BAA, the world's leading airport company, owns seven UK airports - Heathrow, Gatwick, Stansted, Southampton, Glasgow, Aberdeen and Edinburgh.
What to do at Gatwick Airport
Gatwick Airport offers a unique shopping environment with a huge range of world famous designer brands and familiar high street stores, restaurants and bars, all guaranteeing value for money. With tax free prices for all passengers, there's no better place to buy the latest fashions, finish off your outfit with a pair of designer sunglasses or an elegant watch, choose a divine perfume or take home a bottle of fine wine or malt whisky.
The restaurants and bars at Gatwick Airport are continuously evolving to satisfy the tastes of every traveller. To guarantee high quality food and exceptional value for money you'll find a mix of brand names famous the world over and alongside new and interesting concepts. We guarantee that if a restaurant or bar is part of a national chain, you will not pay a penny more than you would on the UK high street. If the unit is non-branded, you will pay average UK high street prices. Children are welcome in all Gatwick Airport restaurants, and in many cases children's menus are available - please ask in the restaurant for more details.
Travel to Gatwick Airport
Gatwick Airport has superb public transport links. There are more than 900 rail services a day to and from the airport and more than 400 express coach services serve the airport daily. From Gatwick Airport there is Gatwick Express train, running frequently directly to London Victoria Station, taking just 30min. From Victoria Station it is just 7-8min walk to Georgian House Hotel. Tickets are £17.70 for a single, or £31.05 for a return. For more information about the Gatwick Express service visit
For more information visit www.gatwickairport.co.uk
Georgian House Hotel is ideally situated in a very central location, so visiting sights all over London is quick and easy. Why not book Georgian House Hotel when you land at Gatwick Airport? You can book online or email to make a reservation on firstname.lastname@example.com, or telephone on 0044(0)207 834 1438

subset: commoncrawl


text:
- Home
- About MacNews
- Forums
- News
- Category Reviews
- Archives
- Advertising
- User/Login
- Tech Support
- Contact
- Connect Tools
This MacNews Category Review looks at home planning and design software for Mac OS X. Products covered include AC3D, EasyDraw, Archibald BAU, HomeCalcX, HomeLoan Companion, HomeWorks, Interior Design Collection, Liqud Ate Here, Live Interior, LoanVision, MacLoanPro, Mortgage Maker, Mortgage Manager, Power Amortize, Quick Amortize, Savings & Loans, Simple Houeskeeping Book, SketchUp, Sweet Home 3D, VectorWorks Architect and VersaCAD.
AC3D is 3D software for creating imaginary models and virtual landscapes and cities, design buildings, home projects, land, sea, space, and air craft, and more.
EasyDraw is a vector-based drawing application for Mac OS X. It offers a tool for technical drawings or illustrations. You can use EazyDraw to create illustrations, logos, floor plans and elevations, technical diagrams, flow charts, maps, web graphics and more.
Archibald BAU
Archibald BAU is a Mac OS X business project planning/calculation tool for architects, engineers and general project organization.
HomeCalc X is a mortgage payment calculator for Mac OS X.
HomeLoan Comparison
HomeLoan Comparison is software for comparing different loans simultaneously or variations of the same loan. You can view monthly breakdown tables, graphs and more.
HomeWorks is a home finance program that's designed to reduce the time spent keeping records. Your records are kept in a document file and viewed much like a word processor document, and you can keep more than one document open on your desktop to work between them without having to load and reload files. With HomeWorks, you can keep your check transactions, cash transactions, and charges together in the same document, or in separate documents at your whim. Move complete records (or groups of records) between documents with simple cut/copy/paste operations. What could be easier? Do it your way!
Interior Design Collection
The Interior Design Collection for LightWave/Inspire 3D/Strata Studio Pro/Infini-D is a collection of over 500 real world scaled LightWave 3D and Inspire 3D Objects. They can be used to create complete and furnished home environments.
Liquid Ate Her
The Liquid Ate Her (no, really that's the name of the company) offers several home design products (Design Your Own Home 3D Walkaround, Design Your Own Architecture, Design Your Own Landscape, Design Your Own Home Suite, etc.).
Live Interior
Live Interior is software for designing a house, apartment, office and other interiors with a virtual walk-through. The program enables you to visualize your home or office layout in either 2D or 3D views. The program comes with 1,000-plus 3D objects including brand name furniture and 50-plus editable interiors and 2D plans. The program integrates with Google 3D Warehouse and can import Google SketchUp objects. The program allows you to switch between 2D and 3D modes to preview interiors. Objects can be added and edited in both modes.
LoanVision is a mortgage origination, calculation and processing application. It includes the Uniform Residential Loan Application (1003) and Transmittal Summary (1008) as required for use by both Fannie Mae and Freddie Mac. LoanVision also includes a new plug-in interface that allows its developers to create custom forms and databases for their customers, Loan Prospector interfaces, a oan Overview report, support for Advantage Credit credit reports and other tweaks.
Mac LoanPro
Mac LoanPro is a banking and lending package that features master calculator, custom schedule, loan comparison and more.
Mortgage Maker
Mortgage Maker lets you play around with the variables in a mortgage loan to find a combination that qualifies. The program is free for personal use. It computes the "qualifying ratios" that the banks use to rate loans. Its Backsolve feature answers questions like "how much house can I afford on this income?" or "How much does my spouse/partner need to make for us to get into that house." It also handles refinances and estimates closing costs. For real estate or mortgage professionals, the program offers a way to print quick estimates for clients.
Mortgage Manager
Mortgage Manager is a mortgage tracking application whose functions include estimating deductible interest for any year, savings in interest in relation to extra principal payments, tracking payments made, and printing all or part of a loan schedule.
Power Amortize
Power Amortize is software for calculating loan payments; it also prints amortization tables.
Quick Amortize
Quick Amortize is a Mac OS X amortization tool for quickly amortizing loans.
Savings & Loans
Savings & Loans is calculating software that will allow you to compute interest rates, payments, and more. format that will answer your financial planning questions, enable you to maximize your savings, and learn how to best plan for your future, say its developers.
Simple Housekeeping Book
Simple Housekeeping Book is a Japanese housekeeping book that offers a schedule of payment, credit card payment, accounting, budget and more.
SketchUp by Google was developed for the conceptual stages of design, and allows for 3D form creation, modification and communication. You can build models from scratch, or you can download what you need. People all over the world share what they've made on the Google 3D Warehouse. It's a huge, searchable repository of models, and it's free.
Sweet Home 3D
Sweet Home 3D is a is a free interior design application that helps you place your furniture on a house 2D plan, with a 3D preview.
VectorWorks Architect
VectorWorks Architect is designed to streamline every phase of the design and production process. With it you can create dynamic 2D and 3D designs, glide through your projects with a streamlined interface, and access various features and resource libraries.
VersaCAD is computer aided design (CAD) software for architects, engineers, designers, illustrators and educators. It models in real world coordinates with automatic scaling to paper.


text:
An excerpt from the new Demons, Saints, & Patriots: Catholic Visions of Native America Through The Indian Sentinel (1902 – 1962). The Bureau of Catholic Indian Missions published The Indian Sentinel "as both a chronicle of Catholic Indian missions activities and an impassioned public relations tool to save a beleaguered missionary venture."
By Mark Clatterbuck
Many missionaries through the 1920s no longer perceived Native customs and religious beliefs as a genuine threat to reservation Catholicism. In turn, spoofs on so-called Indian superstitions, and photographic gimmicks at the expense of tribal customs, were employed as humorous props in Sentinel advertisements and appeals for donations. This development paralleled a rising tide of Catholic triumphalism which rendered formerly-feared indigenous ways as largely benign relics of a fast-fading culture. In the contest between Church and paganism, the outcome was no longer in doubt in the great majority of missionaries' minds. Christianity and civilization had conquered, and time was now on truth's side.
In subsequent decades, the Indian as mission-prop did not disappear from Indian missionary literature so much as it morphed into a new version of itself. The practice gradually moved beyond photos of funny feathers and mock arrows to feature, instead, Indians role-playing staged versions of themselves. Beginning in the 1930s, then peaking in the 40s and 50s, Catholic Indian children were employed as actors and actresses portraying their former – more savage, more tribal, more "authentically Indian" – selves. Thus the feared Indian of yesterday, as he existed in the white imagination, literally became a plaything in the hands of missionary priests, mission school teachers, Sentinel readers, and unwitting white audiences across the country.
The shift from appropriating elements of traditional Native culture in quaintly humorous advertising ploys, to conscripting actual Indian converts as dramatic representations of their pre-Christianized ancestors, was presaged by a subtle but significant rhetorical development which took place in the mid-1930s. Previously, Indians in traditional dress who appeared in Sentinel photographs were either referred to simply as traditional or old-time Indians, or – even more likely – received no particular comment at all. Over time, missionary writers begin referring to such Indians, instead, as wearing costumes. For example, Indian children in traditional tribal dress at a 1933 Catholic Indian Congress are described as being "in costume." A 1934 photo offers readers "Crow Indians in Tribal Costume." Another photograph from the same year, this one of a Zuni named Joe Quemap-hone in Navaho dress, carries the caption: "HOW INDIAN BOYS PLAY INDIAN." It is no longer traditional regalia which Indians wear, but "costumes" – something one puts on while pretending to be something one is not. The shift in rhetoric suggests that these Catholicized Sentinel subjects are no longer real Indians in the traditional sense. They are fake Indians, former Indians who, as new-Indian converts, occasionally play at being "real" Indians. It was most often the mission children who were dressed up by missionaries to play these presumed-dead shadows of themselves.
The fascination with Indians-playing-Indians continues into the 1950s as the irony associated with the phenomenon is heightened through further cultural alienation taking place among the tribes. A Franciscan sister among the Northern Cheyenne of Montana tells the following playground tale. One day while the children of St. Labre Mission are out at recess, one of the children yells to his classmates, "Let's play Indian!" The sister writes that "immediately the St. Labre playground resounded with blood-curdling yells. Little Indians were playing Indians!" But the purpose of the article is not to highlight the irony or the tragedy of the event, but rather to request donations to fund the food and resources necessary to "keep the 175 youngsters happy and healthy so that they can keep on 'playing Indian'…" In another article, a young music teacher offers a lengthy description of how his Indian students wear white clothes, have white hobbies, use white expressions, and glory in white fashion trends. Then he includes a photograph of his choir showing all the girls smiling in fringed buckskin dresses, and all the boys' heads wrapped in Tontoesque bandanas as they prepare for a musical performance. In this way, the Catholic-trained, white-cultured Indians of his school are transformed into make-believe performance Indians for white audiences by dressing them the way non-Natives imagined "real" Indians (meaning pre-Christianized Indians) must have dressed. It was a play within a play within a play: Indians at Catholic boarding school acting like whites acting like Indians.
The Indian-playacting trend heralded a campaign by missionaries to redefine for Native Catholics (and their white audiences) what it means to be a "real Indian." They did so via a two-part strategy: first, by legitimating (on a variety of stages) the theatrical role of the "fake Indian" in American popular culture; second, by confining the image of the traditional Native American to the wasteland of an imaginary Past in the nation's collective memory.
The shifting identity of the so-called "real Indian" (was she the Native traditionalist? the Catholic? the Catholic pretending to be a traditionalist?) presented obvious difficulties for the missionary priest struggling to sort out his own identity. As the trappings of Native cultures were increasingly viewed as innocuous relics of an irrecoverable (and thereby harmless) past, missionaries began experimenting with the extent to which they themselves could play the part of the Indian. And, so, Indians playing Indians for whites were joined by whites playing Indians for Indians. The highly decorated tribal headdress became the chief symbol of this popular movement. The earliest Sentinel photograph of a priest wearing a headdress appears in the May 1941 issue. In February 1949, readers find a photograph of Father Vincent Egan in an elaborate headdress, holding a toy bow and arrows in his hand. He is dressed for his role in a pageant being performed by his Piute congregation for the benefit of a white audience celebrating Pioneer Day in Burns, Oregon.
Playing Indian – whether Indians for whites, or whites for Indians – boils down to a conflict of identities. How traditionally Native can an Indian remain once baptized a Catholic? How Native should (or can) a white missionary become to win an Indian to the Christian faith? Sister Ruthelda is clearly aware of such dilemmas in a reflective 1953 article entitled "Let's Play Indian." Far from being another attempt to dress up Catholic Indians as quaintly remembered savages, or to costume priests in tribal regalia, Ruthelda wrestles, instead, with the need for missionaries to realistically identify with Indians without assuming a false identity in the process. She writes that Indian missionaries are learning more and more that successful work requires them to follow the lead of Saint Paul in becoming "all things to all men." Toward a clearer understanding of what this entails, she explicitly opposes attempts by missionaries to "play Indian." Rather, to become Indian means "to take on in some way the feelings of the Indians and try to see their problems with their eyes." These reflections remind us that serious wrestling with Catholic-Native identity was taking place behind the mission stage curtains and rodeo spectacles. For while some missionaries were busy making faux-Indian pageants with their Catholic converts, others were engaged in a far more fruitful – and far more difficult – task: making a more authentically Indian religion out of reservation Catholicism.
Mark Clatterbuck has been actively engaged in the Native-Christian encounter in the US for more than fifteen years, including time spent living and teaching on the Rocky Boy's Chippewa-Cree Reservation in Montana. His most recent articles include two oral history projects exploring dual religious identities of Native Catholics and Native Pentecostals among eastern Montana tribes ("Sweet Grass Mass and Pow Wows for Jesus" and "In Native Tongues"). He holds a Ph.D. in Religion and Culture from the Catholic University of America in Washington, DC. Beginning this fall, he'll be an Assistant Professor of Religion at Montclair State University in New Jersey.
Disclaimer: Clatterbuck is a member of The Revealer's literal family.
For more new books on Native Americans, see the New York Times June 13 book review, "Books About the Indian Wars."


text:
Hello, my name is Craig Berlin and I'm the new editor of The Smoking Cuban. I covered the Mavericks for Bleacher Report this summer and then took over TSC as well as becoming Dallas Mavericks Examiner.
Please visit us and sign up via e-mail to get our alerts as soon as they are published. In addition, you can follow us on Facebook, Pinterest or especially Twitter for all the latest updates from the team and the best DFW journalists.
We have almost completed getting up new player profiles on the whole team and are watching training camp closely so please stop by htp://www.thesmokingcuban.com and join the conversation!
Lets Go Mavs!
Views: 96
© 2016 Created by hoopmaster. Powered by


text:
the basics
- Name:
- Mindy Hong
- Location:
- Chicago, Illinois
- Member since:
- July 2011
- Style(s):
- Casual Chic, Simple/Understated, Modern, Handmade
- Interests:
- party planning, photography, DIY projects, cooking, baking
nice to meet you...
I'm an accountant by day but a party planner/DIYer/photographer by night. Little details and all things creative make my heart go pitter patter!
Latest Update
No updates available
clipboard albums


text:
Print Shop Prices
Digital Projects
Projects may be sent to the Panther Print Shop by the following methods
- Online Project Submission Form
- Dropped off, on either a CD or a USB thumb drive.
- Drop of a master copy of your project.
Please contact the Print Shop for further details or if you have questions about a project.


text:
Recent Activity
Video, Audio
January 31, 2011
287(g) programs have surged into the public consciousness in recent years. Now operating in 72 jurisdictions, the 287(g) program authorizes state and local law enforcement officers to screen people for immigration status, issue detainers to hold unauthorized immigrants on immigration violations, and begin the process of their removal from the United States.
Video, Audio
May 25, 2010
A discussion on possible reforms to the immigration adjudication system and the recent report on the topic by the American Bar Association's Commission on Immigration.
Video, Audio
March 22, 2010
U.S. Citizenship and Immigration Services Director Alejandro Mayorkas details his agenda for his agency and discusses top priorities for USCIS.


text:
Makeover Caramel-Pecan Apple Pie RecipeRead Reviews Be the first to add a review
4.5 18 24
I lost 120 pounds and want my favorite pie to fit my new eating habits. This version better suits a healthy lifestyle and still delivers out-of-this-world taste. —Ronda Davis, King, North Carolina
- 7 cups sliced peeled tart apples
- 1 teaspoon lemon juice
- 1 teaspoon vanilla extract
- 1/4 cup finely chopped pecans
- 1/4 cup packed brown sugar
- 2 tablespoons sugar
- 4-1/2 teaspoons ground cinnamon
- 1 tablespoon cornstarch
- 1 unbaked pastry shell (9 inches)
- 2 tablespoons all-purpose flour
- 2 tablespoons sugar
- 2 tablespoons cold butter
- 1/4 cup finely chopped pecans
- 1/4 cup caramel ice cream topping, room temperature
- In a large bowl, toss apples with lemon juice and vanilla. Combine the pecans, sugars, cinnamon and cornstarch; add to apple mixture and toss to coat. Pour into pastry shell.
- In a small bowl, combine flour and sugar. Cut in butter until mixture resembles coarse crumbs. Stir in pecans. Sprinkle over filling.
- Bake at 350° for 55-60 minutes or until filling is bubbly and topping is browned. Immediately drizzle with caramel topping. Cool on a wire rack. Yield: 8 servings.
Originally published as Makeover Caramel-Pecan Apple Pie in Healthy Cooking August/September 2009, p20
Reviews for Makeover Caramel-Pecan Apple Pie
Please Log In or Join to add a rating and review.
Click stars to rate
Any changes to your rating or review will appear where you originally posted your review
Reviewed Nov. 28, 2013
"It was great! Loved by everyone."
Reviewed Sep. 29, 2013
"I made this pie today I thought is was very good cant tell it was on the light side still plenty sweet pie is my thing LOL"
Reviewed Sep. 29, 2013
"I made this pie today it was very good pie is my thing I like the lighter version cant tell ."
Reviewed Mar. 29, 2011
"this is one of the best pies i've ever had! you would NEVER know it was a lower fat version. abosolutely awsome!"
Reviewed Nov. 16, 2010
"OMG so good!!"


text:
Camera, Corona, KH-4B
The KH-4B was the last and most advanced camera system used in Project Corona, America and the world's first photoreconnaissance satellite program. Between August 1960 and May 1972, when the program ended, 145 Corona satellites were launched and they produced over 800,000 usable images of the USSR and other nations. Film return capsules containing the exposed film separated from the spacecraft in orbit, reentered the atmosphere, and were retrieved in midair. The Itek-made KH-4B camera was used from 1967 until the end of the program and under ideal conditions produced a ground resolution of 6 feet. This artifact was reconstructed from spare parts and was transferred to NASM by the National Reconnaissance Office in 1995.
Transferred from the National Reconnaissance Office.
- Country of Origin
- United States of America
- Manufacturer
- ITEK Corporation
- Location
- National Air and Space Museum in Washington, DC
- Exhibition
- Space Race
- Type
- SPACECRAFT-Unmanned-Instruments & Payloads
- Materials
- Metal, glass, polyester film
- Dimensions
- Overall: 68 × 62 × 65 in., 514.8kg (172.7 × 157.5 × 165.1cm, 1135lb.)


text:
Thank you very, very much for the great desciptions and detailed information
It really is interesting to read about the different possible landing sites.
Best regards from Sweden
Here is a riddle: What takes more than 60 locations, 5 years, and 150 scientists to decide? The landing site for the Mars Science Laboratory (MSL) rover Curiosity. Picking the landing site for a spacecraft to land on another planet is always serious business. And the job of finding the best location for Curiosity to set down on Mars was no exception.
Curiosity's mission is geared towards understanding whether Mars could have ever been habitable. And recent data from NASA's orbiting spacecraft (Odyssey and the Mars Reconnaisance Orbiter) and the Mars Exploration Rovers suggests the planet has had a long and complicated history of changing environmental conditions and landscapes. Combine that with the fact that the landing site could be anywhere between 30 degrees north and south of the equator and below an elevation of 0 kilometers (relative to the Martian datum) and there is a lot of territory to consider.
The vast majority of the sites proposed for consideration (Figure 1) were within the general bounds outlined above and many possess attributes making them attractive as possible landing sites. Moreover, the design of the rover enables consideration of a variety of sites. So science merit became the major discriminator of which site would eventually win out.
Over a series of workshops, the science community and MSL science team came together to discuss and evaluate the various proposed sites. The diverse expertise represented at the workshop coupled with ample discussion time ensured each site got a good look. As the process went along, more and more sites were dropped from consideration as potential issues were identified. Finally, four sites remained, all of which were deemed satisfactory for MSL and each with a substantial group of science advocates. These four sites include a relict river delta in Eberswalde crater, a 5 kilometer (3.1 mile) thick section of layered rocks in Gale crater, ancient alluvial and possible lake beds in Holden crater, and ancient sequence of clay-bearing rocks near Mawrth Vallis (Figure 2). The four sites became the focus of intense study and discussion at the final two workshops, with efforts geared towards understanding how the rocks in and near the sites were emplaced and whether they might be accessible to Curiosity once on the ground. As data related to the sites poured in and evaluations went on, the four final sites have become arguably the best imaged and studied locations on the surface of Mars. In the end, there was no "smoking gun" that was found to rule out any of the four final candidate sites and the community reiterated their satisfaction with any one of them. Much more information about each of the proposed landing sites can be found on Marsoweb.
The Curiosity science team then met and considered all of the information related to the sites. Both science potential and risks to rover landing and traversing were considered. In the end, Gale crater was selected as the landing site because the thick section of rocks (Figure 2) was deemed likely to enable study of changing conditions on Mars over a time when the abundance and duration of water on the surface was decreasing over time. As water is an important factor in evaluating potential habitability, the chance to access the rocks that record the changes from relatively wetter to drier present an opportunity to learn a great deal about Mars as a planet and its potential to support life.
Curiosity lifts off towards the Red Planet late in 2011 and will arrive at Mars in mid-2012. In the days and months leading up to landing at Gale crater, the MSL science team will continue to pore over existing and new images to plan the best path towards rocks they feel hold the clues to understanding Mars' habitability. Once on Mars and on the move, Curiosity will provide images and information from its science payload of instruments that will enable all of us to follow along in the excitement of exploration and learn more about how one of our neighboring planets evolved over time.
John Grant is a geologist in the Center for Earth and Planetary Studies at the National Air and Space Museum and served as the co-chair of the Mars Landing Site steering committee for the Mars Science Laboratory.
Tags: Mars
Pingback: Curiosity – coming to Mars – maybe | Watts Up With That?
Thank you very, very much for the great desciptions and detailed information
It really is interesting to read about the different possible landing sites.
Best regards from Sweden


text:
Abades Nevada Palace4
Price FromView Rooms
- Very Good
- 1 guest reviews
"This is a very nice hotel. This was a leisure stay but it was clear from every angle before we booked that this was a business type hotel. T..."
About the hotel
The Abades Nevada Palace is a very modern hotel with distinctive avant-garde architecture close to the centre of Granada. It has a spectacular lobby area and rooms with a minimalist, contemporary style which, thanks to the building's elliptical shape, enjoy views over the city, the Alhambra and the Sierra Nevada. The hotel features an excellent convention centre and a wonderful spa area.
The picturesque historical centre of Granada can be reached within a 10-minute drive; the ski resorts of the Sierra Nevada are about 30 minutes away by car.
Read MoreLess
Facilities Show/hide
- Hotel services
- 24 Hour Reception , 24 Hour Room Service
- Leisure
- Gymnasium
- In room facilities
- Safety Deposit Box
- Other
- Doctor on call , Lift to all floors , Public Air Conditioning
Useful Info Show/hide
- From 14:00 hours
- Until 11:00 hours
- The price shown is based on the occupancy and dates you have searched for. Prices and availability are subject to change based on the arrival date, number of nights and occupancy searched for. All prices are inclusive of all local taxes.
- Pets are not allowed
Customer Reviews
Our reviews are from genuine LateRooms.com customers. We verify that the customer has stayed before leaving a review.
Very Good
100% would recommend it to a friend
Customer service
Food quality
Room quality
Business before pleasure
This is a very nice hotel.
This was a leisure stay but it was clear from every angle before we booked that this was a business type hotel. The front desk & restaurant service (we only had breakfast) was very good. The reception area is very nice, clean & well presented. The rooms are smaller than in a Holiday Inn Express & there were a couple of minor maintenance issues, but all-round, good. There was no traffic noise, despite the hotel being very easy to spot from the motorway. The parking costs 15 euros a day in the basement car park, but we were able to park for free on the street to the side of the hotel. For an non-hotel priced snack there is a Lidl right next door. Bob.
Read More Less


text:
There are only 12 days left to get your Christmas lists crossed off, which still leaves enough time to skip the big box retailers and put something together fashioned from your creative self.
I admit I have only made one gift so far this season, but after my BFF and I curated this awesome list of 25 homemade gifts, I've added to my holiday 'to-do' list with a few more. Here are some of my favorites from The Creative Mama Homemade Gifts Pinterest board:
I paid good money for one of these at a local retailer and after my sister admired it a few times, I'll be making her one. It saves me money and I get to choose exactly the color I want for her – a brushed metallic gold.
These belts are so inexpensive to make – I won't tell if you won't. My sister and I are like twins – if she has one, I'm going to need one. I'm planning to make her one or two and myself one (or three), too.
I know it's not Halloween, but what kid doesn't like a superhero cape year round? I already whipped out four of these for my kids and my nephews, they are easy and inexpensive to make.
I adore this idea – a DIY fort kit. It comes with everything a kid needs to build a fort in his bedroom, back yard or right in your living room. Simple, inexpensive and you may already have everything you need.
I usually make or bake treats for our friends and neighbors and I'm planning on trying out this peppermint bark to see if it makes the grade.
Soaps and scrubs are another easy homemade gift that your girlfriends will love. I'm a sucker for anything striped so I find this peppermint striped soap darling and festive.
Kids will love making these snow globes for their grandparents or friends. Save a few jam or applesauce jars and pick up the figurines at Goodwill.
Dad or grandpa will adore a handkerchief personalized by little hands.
For all 25 homemade gift ideas, visit TCM Homemade Gifts Pinterest board.
What are your favorite homemade gifts? Please share in the comments so we can add to our board!


text:
The Parties: Big Ticket Gala
"Someone's going to buy that for their kid? For seven hundred dollars?" a woman wondered aloud, pointing to the Tony Hawk autographed skateboard deck. The board was but one of many silent auction items at the Super Bowl Host Committee's Big Ticket Gala at the Phoenician in Scottsdale Wednesday night. Her outrage was real, but no doubt fueled by many too many glasses of red wine. "He's wearing a white fur coat," she said in amazement as she spied a vintage photo of Joe Namath that went for more than a grand, a good value in her eyes.
Tickets for the black-tie event, which featured Jay Leno and Chris Berman, were being offered for $2,500 a pair on Craigslist.com. The proceeds went to the Arizona Super Bowl Host Committee and the Pro Football Hall of Fame.
Here are some near-final silent auction sale prices:
Framed Joe DiMaggio and Mickey Mantle photo and autographed balls: $7500.
A helmet signed by Archie, Eli, and Peyton Manning: $1750
Pat Tillman commemorative Cardinals jersey: $750
Bart Starr signed painting: $700.
Signed photo of Mike Ditka flipping the bird: $500.
Willie Mays signed photograph of the catch: $400
–Allen St. John


text:
Vhong Navarro was in trouble this morning, May 29, 2014 when he attended the preliminary hearing of the rape case filed by a lesbian, his former co-worker in the popular comedy series "I Love Betty La Fea aired on ABS-CBN some years ago. Based on the narration of the stunt woman, she was forced to perform oral sex by Vhong Navarro during the break of a comedy series.
Despite her narration, some observers are questioning her credibility because of the timing of her rape complaint against the actor-TV host. As you all know, Vhong is on his legal battle against Cedric Lee, Deniece Cornejo, Zimmer Raz, Jed Fernandez, Ferdinand Guerrero, Bernice Lee and Jose Paolo Calma due to an incident that happened in Forbeswood Condominium last Jan. 22.
According to Vhong, he was beaten up, tortured and extorted by Cedric Lee and his men on the evening of Jan. 22, but based on Cedric Lee's narration, Vhong as allegedly raping Deniece on that evening, he said, his team had only responded to Deniece's call for help. Deniece filed a rape complaint against Vhong, but due to lack of evidence, the Department of Justice dismissed the case.
After a few weeks, Roxanne Cabanero came out and filed a rape complaint against the actor, until now, the DOJ is still weighing her case, but according to some reports, the justice department will resolve her case very soon. Yesterday, while Vhong was walking outside the court, Roxanne Cabanero and Florencia Cornejo also went out and cussed the actor.
Reports also added that Roxanne threw a pair of sunglasses to Vhong Navarro while the latter was walking outside the court. Incidentally, Roxanne has nothing to do with rape complaint filed by a lesbian, but she was there and cussing Vhong Navarro. Has someone instructed her to go there to get the attention from the media?
Suggested Links
- Tony Calvento: Jed Fernandez wants to testify again vs Cedric Lee, Deniece
- Vhong Navarro case: Deniece Cornejo is adjusting to life behind bars
- Will Vhong Navarro attend the hearing of Cedric Lee & Zimmer Raz's filed motion?
- Tony Calvento gives update in the Vhong Navarro-Cedric Lee-Deniece Cornejo case


text:
See you at GlassFish Day!
By pelegri on May 04, 2007
Hope to see many of you in 3 days at GlassFish Day. A number of us are going to be there - I'll try to create a list of Community Attendees at the wiki.
Look around for us at the GlassFish demo stations and elsewhere wearing GlassFish T-Shirts. Come ask us any questions about the technology, the community, or how to partner with us. GlassFish Day is free and you should register to ensure space, but if you read this late, just drop by.
Remember to ask us about the multiple freebies and special events through the day; we are going to hand out t-shirts, GF bumper stickers, USB memory sticks and some GlassFish Champion awards.


text:
Jobless Rates Fall in 52 of 55 Counties
Written by Your 5News Team
Created on May 17, 2013 @ 6:03PM
CHARLESTON, W.Va. (AP) - Unemployment rates fell in 52 of West Virginia's 55 counties in April.
WorkForce West Virginia said Friday that jobless rates rose in Monongalia and Pocahontas counties, while the rate in Jefferson County remained steady.
Monongalia County continues to have the lowest rate in the state at 4.2 percent. Counties with the highest rates were Webster, 12.7 percent; Clay, 12.2, and Pocahontas, 11.3.
West Virginia's seasonally adjusted unemployment rate was 6.6 percent in April, down four-tenths of a percentage point from March's rate.
Add your CommentYou must have an active WDTV.COM user account to post comments. Please login to your account, or create your free account today!
Comments (0)


text:
It's only Jeremy Golden's second year heading up the theatrical arts program at Aliso Niguel High School.
As the director of "Les Miserables," which continues with performances this weekend, he didn't hesitate to dive into one of the biggest productions – in terms of students, cost, and effects – the school has seen.
Golden is a former member of the Chance Theater in Anaheim Hills and has done stints teaching at Santa Margarita High School and in Texas.
Q. How long has this production been in the works? Give us a feel of the scale of it.
A. We knew going into this that this is one of those shows that's a massive production in every aspect. We did our auditions the last week of December when we were still in school so that the students could take the music home, learn it, and come back with a head start. So we have really been working on this for four months. It's been an aggressive rehearsal schedule because we needed it. We've got a cast of 50, and a crew of another 40 and a student orchestra of 32, so we're looking at more than 120 students involved in the production, and you need every single one of them because the students run every aspect of the production. They are the house crew. They run all of the sound. They do all the set changes. They do the costuming. They are the ones running the show.
Q. Was it your idea to do "Les Miserables?"
A. It's been probably my favorite musical since it opened for the first time. I knew that this is something that I wanted to do one day, but choosing to do it at this time was a leap of faith. I knew this was something that would really grow our department. I knew this was something that would excite people with the movie that had just come out, and it's a really good way to grow what we're doing here.
Q. What's been the highlight so far of the four-month process?
A. I think it's been really exciting how this cast and crew has bonded together for this common purpose. It's been so difficult, and they've gotten so tired, so worn out – but to see little moments that you see they're bonded together. Just this last weekend, we took the cast and crew to the Town Center here in Aliso Viejo, and we did a flash mob out in front of the movie theater. And it was really well received. Those moments, you can see them coming to life.
Q. You talked about the massive amount of students, but also the resources. How do you pay for all that?
A. The budget for this show is a lot more than it's ever been. We've estimated a $15,000 budget, and we're definitely going to go there. We may go a little beyond that. It's just massive. The set that we're doing – I mean we didn't have to do the revolving stage. ... We didn't have to do the lighting or the costumes we're doing. We could've pulled back, but I just decided we're going to go for this full out. So we've had to pull out new options all along the way as far as fundraising, parent contributions. We know that we're going to sell it well, or that we expect (that), but that's all money on the other side. We don't get funds from the school, from the district. We're all self-funded.
Q. What else should we know (about the play)?
A. I really want to emphasize that I knew this show would be a life-changer for these students and for our audiences. The message that it has to send – to love another person is to see the face of God – I see that within each other as well, that's how I see them bonding. Taking the theme of this show and putting into practice in what they're doing here, it's been amazing.
Briana Gelfer
Plays: Madame Thenardier
Role: "She's like the slave owner. She just continuously beats the girls, she yells at (Cosette, one of the main characters). She's her husband's accomplice, but her husband doesn't always have the smartest ideas, so she's kind of subtly helping him along."
How she plays it: "You have to get really mean, 'cause she's a cruel woman. Her life is grungy. She's really grungy and gross and disgusting. It's really, really fun to play."
Nathaniel Kostecka
Plays: Jean Valjean
Role: "Jean Valjean is an ex-con who breaks his parole in order to start a new life in which he then becomes the mayor of a town in France. After that he ends up revealing ... his true identity to save an innocent man. There's just a whole list of things that happens after that result in him getting a daughter and then his eventual death at the end."
How he plays it: "It's a very powerful and challenging role. It's a very emotionally charged role, where every word, every action – you have to really feel it to make it real. Otherwise, you can tell it's an act. Beyond that, the actual music itself is very difficult."
Hannah von Gremp
Plays: A prostitute and Courfeyrac
How she plays it: "Being a prostitute, I obviously do what a prostitute does. That's one of my characters that's been the hardest for me because I'm not really that kind of person nor will I ever be that kind of person, so it's been kind of a struggle. Courfeyrac, though, has been kind of fun because I've looked up a lot about the character, and really get into him and who he is. I climb up there and shoot people, I die. It's really fun!"
Andrea Hardwick
Plays: Eponine
Role: "It's interesting because a lot of it people would play really sad because she's heartbroken through the whole play it seems. But really, a lot of people forget she's tough. Her heart is breaking in front of her but she's pushing through it because she has this image of love. It's kind of heartbreaking in a way, but it's really fun to try and portray that and not be like, 'pity me.'"
How she plays it: "I worked a lot with one of our directors. You really look at notes and how they're written. It was really interesting to dissect the music and the lyrics differently and find a nice happy medium."
Madeline Fitzgerald
Plays: Babet, part of Thenardier's gang
Role: "There's a lot of sneaking around, being really creepy. We're kind of the bad guys, the underbelly of society. We're kind of supposed to be those disgusting people that you see us and you just want to shudder."
How she plays it: "It's a lot of fun, but it gets kind of weird because it's like how many times can I just sneer at people and it still be creepy? So you have to figure out ways to mix it up. But it's fun because we're in a group, and you can have the whole gang to play off of."
Nathan Samskey
Plays: Javert
Role: "Javert is the cop hunting Jean Valjean his whole life. He chose to make his life good and follow the law all the time. That's why he's so against Valjean."
How he plays it: "The trick to it is being strict, kind of military-like, and realizing that nothing is supposed to faze you. You have to let emotion happen, but kind of hold it back, almost. It took awhile, cause I'm kind of a teddy bear."


text:
Another Update on Jerry Lawler
Nov 10, 2010 - by Steve Gerweck
– Jim Ross posted the following update on his twitter, regarding Jerry Lawler:
Talked to king 2nite. He's got a severe staph infection confirmed in his knee. Daily IV injections of antibiotics. May have 2 it cut out.


text:
- Home
- Gluten-Free Food Reviews
- Gluten Free Bartender App
Gluten Free Bartender App
- By Advertising Product-Review
- Published 12/12/2013
- Gluten-Free Food Reviews
- Unrated
Advertising Product-Review
This article is a paid advertising product review for this Web site. For more information about our advertising programs, including how you can see your company's ad on this site, please visit our advertising page.View all articles by Advertising Product-Review
I tried out a new app called "Gluten Free Bartender." This app is designed to make life easier for people to find gluten-free drinks. The "Drinks" section opens by default, and in it you will find categories: beers, champagne, ciders, liquors, mixers, wine coolers, wines, and miscellaneous.
What I really liked about the app was the ability to view categories by brand, or by recipes that can be made using a particular brand. You can also easily add items and recipes to a "Favorites" list. Another nice feature is the ability to see dated gluten-free information about the product which comes directly from the manufacturer, including contact information.
Visit their site for more info.
Review written by Scott Adams.
As always, Celiac.com welcomes your comments (see below).


text:
Enter North East Live competitions
by Sunderland AFC
Details of two fantastic contests ahead of summer gig.
Following on from the success of 2013's North East Live event at Sunderland's Stadium of Light, some of pop's biggest acts will come together as AEG brings the phenomenal summer music event back to the region.
The music extravaganza, headlined by Jessie J, will also feature live performances by Rizzle Kicks, The Saturdays, The Vamps and Union J, as well as Jason Derulo, who is jetting in especially from the USA, plus Katy B, Neon Jungle and Rixton.
After the tremendous response from local schools to last year's competitions we would like to give students the opportunity to play their part in the music extravaganza with two competitions.
Primary school pupils from across the region are being asked to design a programme on this year's concert with creativity and originality at the core of the competition.
Classes from the participating schools are to use the logos, images and biographies attached in the ideas pack to create their perfect programme. We are encouraging classes to be as unique as possible and use whatever tools are at their disposal including the old fashioned stick and glue, or computer design if you are tech savvy.
The winners of the competition will receive tickets for the full class and accompanying adults to North East Live. The class will also receive a money can't buy montage from the day and copies of the programme will also be printed for the school to keep.
Secondary school pupils, college and university students will also have the chance to participate, with a competition to test their writing skills. They are being asked to submit a mock review of what the concert will be like and the winner will be invited to attend the show and write an actual review, which will appear online on the SAFC website.
If you would like additional information on how to get involved please email firstname.lastname@example.com.
Note: All entries must include name and age and should be submitted by the school, no later than Monday 2 June. Entries should be submitted via email to firstname.lastname@example.com in person at Black Cat House, or by post to: Schools North East Live Competition, Sunderland AFC, Stadium of Light, Sunderland, SR5 1SU.


text:
Shamrock came to us from a rural animal control with a single puppy to raise. Her pup's been adopted, and now it's Shamrock's turn. She is a little shy at first, but once she gets to know you she will give you tons of kisses and even gentle hugs. She snores when she sleeps and snorts when she is happy. She even has a great big smile on her face when she is having a good time. She plays fetch, walks nice on a leash, loves belly rubs, loves snuggling, and she runs like the wind in a fenced yard.
Shamrock is potty trained, good with kids, and good with other dogs as well. She is a sweetheart that will make an excellent family dog.
Shamrock is eligible for "Paws for Consideration." Take her home for a few days and see if she fits into your household. Come and meet her at the Georgia SPCA.
Our dog and puppy adoption fees are $250. That includes spay/neuter surgery, disease testing (dogs testing positive for heartworms are treated; however, we do not add that charge to our adoption fee), up to date vaccinations, deworming, up to date flea/tick & heartworm prevention, a 24Petwatch microchip and 30 days of 24PetWatch pet insurance.


text:
Contact: Ron Vitale, Managing Director
Suite 3803, 1045 Huai Hai Middle Road, Shanghai, 200031 China
Phone: +86 21 6252 1040
Fax: +86 21 6473 6190
Email: email@example.com
Web: http://www.perkinseastman.com
Perkins Eastman is an architecture, interior design, and planning firm with over 900 employees and 14 offices around the world, including Shanghai. The firm was founded in 1981 and is now one of the largest and most respected design organizations in the world.
The firm specializes in a broad range of building types including: healthcare, education, senior living, research facilities, broadcast and entertainment, residential, commercial, retail and mixed-use.


text:
If you are an atheist, agnostic, humanist, etc. that would like to meet some like-minded friends, then join us at our next social dinner at Red Robin Burgers in Beaverton on Sept. 9th. All event details can be found here: http://tinyurl.com/l6rd4sl .
This is hosted by The Center for Philosophical Naturalism. This is a group to help people explore what it means to be naturalistic-minded (not believing in supernatural superstitions). We sponsor many debates, discussions, and social events likes this.
Superstition is to religion what astrology is to astronomy the mad daughter of a wise mother. These daughters have too long dominated the earth." ~Voltaire
Other Portland-area community, secular, and philosophical groups can also be found at meetup.com, such as these:
-- The Center for Philosophical Naturalism: http://tinyurl.com/l6rd4sl
-- Sunday Assembly: http://tinyurl.com/kkc8nyw
-- Westside Science & Religion Disc.: http://tinyurl.com/bkmhdl5
-- Center for Inquiry: http://tinyurl.com/mps923r
-- Humanists of Greater Portland: http://tinyurl.com/kmbmt57
-- Atheists Etcetera: http://tinyurl.com/nhjr3ha
-- Philosophy Workshop: http://tinyurl.com/pzs4ajc


text:
Land snails of Turkey: Zonites osmanicus
We collected these shells on and around Honaz Mountain, southeast of Denizli, Turkey, during our survey earlier last month. I identified them tonite about an hour ago. First I thought they were Z. casius, a species that had been recorded from the general area. But they turned out to be flatter and more keeled than Z. casius (see photo below).
Zonites osmanicus (left) and Z. casius (right).
Zonites osmanicus was described by Riedel in 1987 (Annales Zoologici, 41:1-42). It is endemic to Turkey. In fact, most known Zonites species are endemic to Turkey. They may have originated on some land mass that subsequently got incorporated into the Anatolian Peninsula.


text:
Judge Somers
11-06236 Redmond, Brooke Trustee v. CJD & Associates a/k/a Davidson-Babcock (Doc. # 70)
- Details
- Category: Judge Somers
- Published: 11 March 2014
- Written by Judge Somers
Redmond, Brooke Trustee v. CJD & Associates a/k/a Davidson-Babcock, 11-06236 (Bankr. D. Kan. Mar. 10, 2014) Doc. # 70
Click here for the pdf document.
SIGNED this 10th day of March, 2014.
Designated for publication
In Re:
BROOKE CORPORATION, et al.,
Chapter 7 Trustee of Brooke
Corporation, Brooke Capital
Corporation, and Brooke Investments,
Inc. ,
CJD & ASSOCIATES, LLC, a/k/a
(jointly administered)
Case 11-06236 Doc# 70 Filed 03/10/14 Page 1 of 22
Defendant CJD & Associates, LLC (CJD), moves under Bankruptcy Rule 7015
and Civil Rule 15(a)(2)1 to file an amended answer denying the Plaintiff's allegation that
CJD is an insider of Debtors, which CJD admitted in its previously filed answer.2
Plaintiff opposes the motion primarily on the ground that the amendment would be futile
since CJD satisfies the statutory definition of a per se insider.3 For the reasons examined
below, the Court denies the motion.
The background facts are undisputed and not complex. Brooke Corporation
(Brooke Corp) and Brooke Capital Corporation (Brooke Capital) filed voluntary Chapter
11 petitions on October 28, 2008. Prior to that date, CJD (a Kansas limited liability
company) was a wholly-owned subsidiary of Brooke Brokerage Corporation, which, in
turn, was wholly owned by Brooke Corp. Brooke Capital was a majority-owned
subsidiary of Brooke Corp.
On February 2, 2012, the Trustee filed his Amended Complaint against CJD. It
seeks to avoid preferential or fraudulent transfers made by Brooke Capital to CJD, and to
1 Fed. R. Bankr. P. 7015 adopts Fed. R. Civ. P. 15 for adversary proceedings.
2 This Court has jurisdiction over the parties and the subject matter pursuant to 28 U.S.C.
§§ 157(a) and 1334(a) and (b), and the Standing Order of the United States District Court for the District
of Kansas that exercised authority conferred by § 157(a) to refer to the District's bankruptcy judges all
matters under the Bankruptcy Code and all proceedings arising under the Code or arising in or related to a
case under the Code, effective July 10, 1984. Furthermore, this Court may hear and finally adjudicate this
matter because it is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(F) and (H). There is no
objection to venue or jurisdiction over the parties.
3 Plaintiff appears by John J. Cruciani and Michael D. Fielding of Husch Blackwell LLP. CJD
appears by Paul D. Sinclair, Jason L. Bush, and Brendan L. McPherson of Posinelli PC.
Case 11-06236 Doc# 70 Filed 03/10/14 Page 2 of 22
recover the value thereof. Paragraph 8 of the Amended Complaint alleged:
CJD & Associates, LLC d/b/a Davidson-Babcock ("CJD") is
a Kansas limited liability company. Prior to Debtors'
bankruptcy filing on October 28, 2008, CJD was a wholly-
owned subsidiary of Brooke Brokerage Corporation who, in
turn, was wholly-owned by Debtor Brooke Corporation.
Thus, for all times relevant to this lawsuit, CJD was an
"insider" (as that term is defined by 11 U.S.C. § 101(31)) of
one of [sic] more of the Debtors because CJD constituted an
"affiliate" (as that term is defined by 11 U.S.C. § 101(2)).4
CJD's answer to the Amended Complaint, filed on April 2, 2012, in response to
paragraph 8 stated,
Defendant admits that prior to the Debtors' bankruptcy filing
on October 28, 2008, CJD was a wholly-owned subsidiary of
Brooke Brokerage Corporation who, in turn, was wholly-
owned by Debtor Brooke Corporation. As stated, Defendant
denies that it is a Kansas limited liability company as it was
administratively dissolved. The remainder of the allegations
in paragraph 8 consist of legal conclusions to which no
response should be required. To the extent a response is
required, the remaining allegations are denied.5
Paragraph 120 of the Trustee's Amended Complaint, included in Count I, which
seeks to recover preferential transfers, alleged, "At all times relevant to this matter,
Defendant was an insider of the Debtors."6 CJD's answer stated, "Defendants [sic]
admits paragraph 120 of the Complaint."7 None of the affirmative defenses raised by
4 Doc. 5, 2, ¶ 8.
5 Doc. 10, 2, ¶ 8.
6 Doc. 5, 21, ¶ 120.
7 Doc. 10, 7, ¶ 120.
Case 11-06236 Doc# 70 Filed 03/10/14 Page 3 of 22
CJD alleged that it was not an insider of any of Debtors.
CJD filed its motion for leave to file an amended answer on December 19, 2013.
It proposes to amend its response to paragraph 8 by deleting the sentence, "The remainder
of the allegations in paragraph 8 consist of legal conclusions to which no response should
be required," and adding the following sentence: "Defendant denies that it is an 'insider'
(as that term is defined by 11 U.S.C. § 101(31)) of one or more of the Debtors because
CJD constituted an 'affiliate' as that term is defined by 11 U.S.C. §101(2)."8 CJD also
proposes to amend its response to the allegations of paragraph 120 of the Amended
Complaint to read, "Defendant denies paragraph 120 of the Complaint."9 The proposed
amended answer also includes as an affirmative defense that CJD was not a insider of
A. The Applicable Standard.
Civil Rule 15(a)(2), applicable to amendments other than those permitted as a
matter of course, provides that "a party may amend its pleading only with the opposing
party's written consent or the court's leave. The court should freely give leave when
justice so requires." But "[t]he liberal amendment policy prescribed by Rule 15(a) does
not mean that leave will be granted in all cases."10 In the Tenth Circuit, leave to amend
8 Doc. 66-2, 2, ¶ 8.
9 Id., 7, ¶ 120.
10 6 Charles AlanWright, et al., Federal Practice and Procedure, § 1487 at 699 (3d ed. 2010).
Case 11-06236 Doc# 70 Filed 03/10/14 Page 4 of 22
may be refused when there is "'a showing of undue delay, undue prejudice to the
opposing party, bad faith or dilatory motive, failure to cure deficiencies by amendments
previously allowed, or futility of amendment.'"11 The futility analysis determines
whether the proposed "claim or defense . . . is legally insufficient on its face."12 "[I]f a
complaint as amended could not withstand a motion to dismiss or summary judgment,
then the amendment should be denied as futile."13
B. The Parties' Positions.
CJD argues that the Trustee is unable to show undue delay, prejudice, bad faith, or
dilatory motive. The case is in the early stages of litigation, with written discovery in
progress and no depositions having been taken. Further, according to CJD, the
amendments are not futile since the Trustee's allegation that CJD is a statutory or per se
insider fails because insider status, on which the Trustee relies, applies to corporations,
but not to limited liability companies, such as CJD.
The Trustee first responds that leave should be refused because CJD delayed for
over 21 months before requesting leave to amend to its answer and the Trustee would be
unduly prejudiced by such amendment. In addition, and as his primary objection, the
Trustee argues that the amendment would be futile as a matter of law because CJD is a
11 Duncan v. Manager, Dep't of Safety, 397 F.3d 1300, 1315 (10th Cir. 2005) (quoting Frank v.
U.S. West, Inc., 3 F.3d 1357, 1365 (10th Cir. 1993)).
12 6 Wright, et al., Federal Practice and Procedure, § 1487 at 733.
13 Id. at 743 (citing Bauchman ex rel. Bauchman v. West High School, 132 F.3d 542 (10th Cir.
1997) and other cases).
Case 11-06236 Doc# 70 Filed 03/10/14 Page 5 of 22
statutory insider of Brooke Corp and Brooke Capital.14
C. The Court Rejects the Trustee's Contention that Leave Should Be Denied
Because of Undue Delay or Undue Prejudice.
Although over 21 months passed since CJD filed the answer which it now seeks to
amend, undue delay is not measured by time alone. The circumstances of the case must
be considered. This litigation has not progressed significantly. If the defense to the
insider allegation is allowed at this time, the course of the litigation will not be
significantly different from what it would have been if CJD had denied insider status in
its original answer. For the same reason, the Trustee's contention that he would be
unduly prejudiced by the amendment is unpersuasive. It is true that allowing the defense
would cause the Trustee to spend additional time and incur additional expense. But CJD
should not be bound by an admission because the other party relied upon it when the
litigation was in its early stages.
D. The Court Finds that the Proposed Amendment Would Be Futile.
The parties agree that the motion for leave should be denied if the defense to be
added by the amended answer could not survive a motion for summary judgment. In
support of his futility contention, the Trustee argues that CJD is a per se insider of Brooke
Corp under § 101(31)(E) because it constitutes an "affiliate" under § 101(2)(B) and (C).
CJD responds that because it is a limited liability company (LLC) rather than a
14 The Trustee also objected that CJD's addition of an affirmative defense denying insider status
would be futile, since the assertion that a defendant is not an "insider" is not an affirmative defense but
rather simply an attack on a prima facie element of the Trustee's case. Doc. 67, 11-12. In its rely brief,
CJD agreed with this position and no longer seeks leave for this particular amendment. Doc. 68, 9.
Case 11-06236 Doc# 70 Filed 03/10/14 Page 6 of 22
corporation, it is not an "affiliate" and therefore not an "insider." The legal issue
presented by the Trustee's opposition to the motion is therefore whether CJD is a
corporation for purposes of the definition of "affiliate," and therefore an "insider" of
Brooke Corp and Brooke Capital.
1. CJD is an "affiliate" of Brooke Corp under § 101(2)(B), and therefore an
"insider" of Debtors Brooke Corp and Brooke Capital under § 101(31)(E).
a. Arguments and authorities supporting the Trustee's position.
Section 101(31) states the term "insider" "includes" those categories of persons
enumerated in the definition, such as a director, officer, or other person in control of a
corporate debtor, and a relative or general partner of an individual debtor. Courts agree
that the use of the word "includes" in the definition indicates that Congress did not intend
for the statutory list to be exclusive, and that there are two types of insiders: (1) those
entities specifically mentioned in the definition, and (2) those not listed but who have a
sufficiently close relationship with the debtor that their conduct is made subject to close
scrutiny.15 The first category constitutes statutory or per se insiders, those "'whose
affinity or consanguinity gives rise to a conclusive presumption that the individual or
entity commands preferential treatment by the debtor.'"16 The second category is present
when it is shown "that the person or entity in fact had a relationship with the debtor that
15 Rupp v. United Security Bank (In re Kunz), 489 F.3d 1072, 1078-79 (10th Cir. 2007) (quoting
Miller Avenue Prof'l & Promotional Servs. v. Brady (In re Enterprise Acquisition Partners), 319 B.R.
626, 631 (9th Cir. BAP 2004)).
16 Id., 489 F.3d at 1079 (quoting Enterprise Acquisition Partners, 319 B.R. at 631).
Case 11-06236 Doc# 70 Filed 03/10/14 Page 7 of 22
was sufficiently close that the two were not dealing at arm's length."17
Even though an LLC controlled by a corporate debtor is not included in the list of
persons in § 101(31)(B), the Trustee contends that CJD is a per se insider of Brooke Corp
and Brooke Capital under § 101(31)(E), which defines "insider" to include an "affiliate,
or insider of an affiliate as if such affiliate were the debtor." "Affiliate" is defined by
§ 101(2)(B) to mean a "corporation 20 percent or more of whose outstanding voting
securities are directly or indirectly owned, controlled, or held with power to vote, by the
debtor." The Trustee contends, and CJD does not dispute, that if CJD were a corporation,
under these definitions, it would be an insider of Debtors Brooke Corp and Brooke
Capital. This is because before Debtors' bankruptcies, CJD was a wholly-owned
subsidiary of Brooke Brokerage Corporation (Brooke Brokerage) and Brooke Brokerage
was majority owned by Brooke Corp. Thus, if it were a corporation, CJD would have
been an "affiliate" of Brooke Corp, since 100% of its securities would have been
indirectly owned or controlled by Brooke Corp because of Brooke Corp's majority
ownership of Brooke Brokerage. Moreover, since Brooke Capital was a majority-owned
subsidiary of Brooke Corp, Brooke Capital was an "affiliate" of Brooke Corp under
§ 101(2)(B), and CJD (as a corporate "insider" of Brooke Corp) would also have been an
"affiliate" and therefore a per se insider of Brooke Capital under § 101(31)(E).
The Trustee further contends, but CJD disputes, that although CJD was in fact a
17 Id., 489 F.3d at 1079.
Case 11-06236 Doc# 70 Filed 03/10/14 Page 8 of 22
limited liability company, it was nevertheless a "corporation" as defined by § 101(9) for
purposes of the definition of "affiliate." Section 101(9) provides:
The term "corporation" —
(A) includes —
(i) association having a power or privilege that a
private corporation, but not an individual or a
partnership, possesses;
(ii) partnership association organized under a
law that makes only the capital subscribed
responsible for the debts of such association;
(iii) joint-stock company;
(iv) unincorporated company or association; or
(v) business trust; but
(B) does not include limited partnership.
Although LLCs are not included in the enumerated entities, this omission does not
preclude finding that LLCs are "corporations" for purposes of the Code. The term
"corporation" only "includes" the entities enumerated in the statute. Under the Code's
rules of construction as stated in § 102(3), the terms "'include' and 'including' are not
limiting." The clear meaning of the definition of "corporation" is that entities not
enumerated in the statute may also be considered "corporations."
Although the construction of the definition of "corporation" is a matter of federal
law, applicable state law defines the powers and privileges of the entity. Under Kansas
law, an LLC is a business organization "which offers the possibility of combining the
limitation on individual liability normally associated with the corporate form with the
conduit tax treatment of items of income, gain, loss, deduction and credit normally
Case 11-06236 Doc# 70 Filed 03/10/14 Page 9 of 22
associated with the partnership form."18 Like a corporation, a "limited-liability company
may own property in its own name, and members have no ownership interest in specific
limited-liability company property."19 Like a corporation, an LLC's "liabilities in tort are
solely those of the LLC and . . . no member or manager may be liable solely based on
their status as a member or manager."20 Members of LLCs, like stockholders of
corporations, are authorized to bring derivative suits.21 The Court concludes that a
Kansas LLC has powers and privileges that a corporation, but not an individual or
partnership, possesses.
In the bankruptcy context, an LLC has been found to fit within the definition of a
"corporation" for purposes other than the definition of an "affiliate." There is no question
that an LLC may file a petition under Title 11.22 As one court has stated, this is because
"an LLC, by virtue of its structure and limited liability features, fits comfortably within
the Bankruptcy Code's definition of 'corporation' and, hence, is a 'person' eligible to be a
18 Edwin W. Hecker Jr., Limited Liability Companies in Kansas, 63 J. Kan. B. Ass'n 40, 40
19 In re App. for Tax Exemption of Kouri Place, L.L.C., 44 Kan. App. 2d 467, 470, 239 P.3d 96,
99 (2010) (citing K.S.A. 17-76,111).
20 University of Kansas v. Sinks, 565 F. Supp. 2d 1216, 1239 (D. Kan. 2008).
21 Halley v. Barnabe, 271 Kan. 652, 661-62, 24 P.3d 140, 146-47 (2001).
22 See In re Midpoint Development, L.L.C., 466 F.3d 1201, 1203-07 (10th Cir. 2006) (upholding
dismissal of Oklahoma LLC's Chapter 11 petition because under Oklahoma law, debtor ceased to exist
when it filed articles of dissolution several months prior to filing bankruptcy); In re Lovell's Amer. Car
Care, LLC, 438 B.R. 355 (table), unpub. op. available at 2010 WL 2769056, *3-6 (10th Cir. BAP 2010)
(Wyoming LLC eligible to file bankruptcy when certificate of dissolution had not been filed before date
of filing of bankruptcy petition).
Case 11-06236 Doc# 70 Filed 03/10/14 Page 10 of 22
debtor."23 An LLC is considered a "corporation" under Bankruptcy Rule 7007.1, which
requires a corporation that is a party to an adversary proceeding to file an ownership
Several courts considering per se insider status have held that LLCs fit within the
definition of a "corporation." These include Longview Aluminum, L.L.C., 25 a decision by
the Seventh Circuit Court of Appeals. In that case, the Chapter 11 trustee brought an
adversary proceeding to set aside, as preferential transfers, prepetition payments that the
debtor LLC had made to one of its managing members, who was alleged to be an insider.
The court noted that "[t]he Bankruptcy Code's definition of a corporation includes
unincorporated limited liability companies."26 The court then analogized the position of a
member of an LLC to the director of a corporation and concluded that "a member of an
LLC can be a statutory insider within the meaning of 11 U.S.C. § 101(31)(B)."27
In Barman, 28 the court sustained the Trustee's objection to discharge of the
debtors, Harold and Evelyn Barman, on the ground that they had refused to obey a court
23 Gilliam v. Speier (In re KRSM Props., LLC), 318 B.R. 712, 717 (9th Cir. BAP 2004). Section
109 provides that only certain "persons" may be debtors under Chapters 7 and 11. "The term 'person'
includes individual, partnership and corporation." 11 U.S.C. § 101(41).
24 See Fed. R. Bankr. P. 7007.1, Advisory Committee Note (2003).
25 In re Longview Aluminum, L.L.C., 657 F.3d 507 (7th Cir. 2011).
26 Id. at 509, n.1.
27 Id. at 510.
28 Solomon v. Barman (In re Barman), 237 B.R. 342 (Bankr. E.D. Mich. 1999).
Case 11-06236 Doc# 70 Filed 03/10/14 Page 11 of 22
order in another bankruptcy case concerning an insider, BHB Enterprises, LLC (BHB),
organized under South Carolina law. Harold Barman was a member of BHB. The
debtors admitted that they were insiders of BHB, but denied that BHB was an insider of
theirs. The court examined § 101(31), which provides that an "insider includes [,] . . . if
the debtor is an individual[,] . . . [a] corporation of which the debtor is a director, officer,
or person in control . . . [and an] affiliate, or insider of an affiliate as if such affiliate were
the debtor."29 It also examined § 101(2)(B), which defines "affiliate" to mean a
"corporation 20 percent or more of whose outstanding voting securities are directly or
indirectly owned, controlled, or held with power to vote, by the debtor." It then
concluded, based upon an examination of the characteristics of limited liability companies
under South Carolina law, "that a limited liability company, such as BHB, is sufficiently
analogous to a corporation" for purposes of determining insider status.30 The court held
that "BHB is an 'affiliate' (and thus an insider) of Harold Barman because he owned, or
directly or indirectly controlled, one third of the voting rights in BHB [and that] BHB is
also within the statutory definition of an 'insider' of Harold Barman because he is one of
its three members and thus holds a position that is analogous to that of a 'director, officer
or person in control' of BHB."31
29 Id. at 348 (quoting 11 U.S.C. § 101(31)(A)(iv) and (E)) (emphasis added by the court).
30 Id. at 348.
31 Id. at 349.
Case 11-06236 Doc# 70 Filed 03/10/14 Page 12 of 22
In Lull, 32 a 2009 decision, the court relied on KRSM Properties and Barman to
hold that a member-managed Hawaii LLC should be treated as a corporation for purposes
of the definition of "insider." In that case, the debtor and Zapara were each 50% owners
of interests in JWL, LLC. More than 90 days prepetition, the debtor made transfers to
Zapara which the trustee sought to recover as preferential transfers. The court held:
Under the Barman reasoning, and because an LLC is within
the Code's definition of "corporation" under § 101(9)(A),
JWL may be treated like a corporation for the purposes of
insider analysis, and under 11 U.S.C. § 101(31)(A)(iv) its
insiders include "director(s), officer(s) or person(s) in
. . . As the only members of an LLC, Debtor and
Zapara had co-equal rights in the management and conduct of
the company's business as a matter of law. . . . JWL is an
"affiliate" of Debtor because Debtor controlled or held fifty
percent of the "voting securities" of JWL (and because an
LLC fits within the Code's definition of "corporation" under
§ 101(9)(A)). Zapara is also an "insider" of JWL and thus an
insider [of] the debtor under § 101(31)(E) because she also
controlled or held 50% of the "voting securities" of JWL.33
Very recently, the Parks34 court thoroughly examined the question of whether an
LLC, organized under Washington law, was a "corporation" for purposes of the definition
of "insider." The court began its analysis with the principles of statutory construction. It
noted that the definition of "corporation" uses the expansive word "includes," and was
32 Kotoshirodo v. Zapara (In re Lull), 2009 WL 3853210 (Bankr. D. Haw. Nov. 17, 2009).
33 Id. at *4.
34 Sherron Assocs. Loan Fund XXI (Lacey) L.L.C. v. Thomas (In re Parks), 503 B.R. 820 (Bank.
W.D. Wash. 2013).
Case 11-06236 Doc# 70 Filed 03/10/14 Page 13 of 22
"persuaded that 'corporation' as used in § 101(9)(A) is not limited to those entities
specifically itemized in statute."35 It found this approach to be consistent with that taken
by the Seventh Circuit in Longview Aluminum, discussed above, when it held that "a
member of an L.L.C. was equivalent in relationship to a director of a corporation, thereby
expanding the definition of 'director' in § 101(31) [defining insider] to include other
L.L.C. members."36 Next, the court applied the "presumption that equivalent words have
equivalent meaning when repeated in same statute,"37 and observed that in the non-insider
context it has been "found that an L.L.C. 'fits comfortably within the Bankruptcy Code's
definition of "corporation."'"38 The state law treatment of LLCs further supported the
court's conclusion that an LLC was included in the broad definition of "corporation" for
purposes of the definition of "insider."39
b. Authorities supporting CJD's position.
In support of it motion to amend, CJD anticipates the Trustee's argument that the
amendment would be futile and asserts that the "problem with the Trustee's allegations as
to the insider status of CJD is that CJD was not a corporation, but a limited liability
35 Id. at 827-28.
36 Id. at 828.
37 Id. (citing Cohen v. de la Cruz, 523 U.S. 213, 220 (1998)).
38 Id. (quoting Gilliam v. Speier (In re KRSM Props., L.L.C.), 318 B.R. 712, 717 (9th Cir. BAP
2004) (considering whether LLC was a "person" for purposes of the Code and therefore eligible to file a
petition) and also citing Fed. R. Bankr. P. 7007.1, Advisory Committee Note (2003)).
39 Id. at 828-29.
Case 11-06236 Doc# 70 Filed 03/10/14 Page 14 of 22
company."40 It then discusses several cases to support its argument.
The first case is Enterprise Acquisition Partners, a decision of the Ninth Circuit
BAP, which did not concern the status of an LLC, but observed that "[p]articularly in
light of the conclusive presumption of preferential treatment that arises from a
determination that an entity is a per se insider, there is no justification for expanding the
definition of per se insider beyond what is plainly contained in the statute."41 CJD then
relies upon several cases which apply the Enterprise caution.
The first cited case relying on Enterprise is Weddle, 42 in which the Chapter 7
trustee brought an adversary action to avoid the recording of a judgment against the
individual debtors that was done more than 90 days prepetition by a limited liability
company controlled by the father of one of the debtors. The debtors were members of the
LLC and each held a 5% ownership interest in 100 common units. Because neither
membership in, nor management or control of an LLC is specifically addressed in the
definition of "insider" in § 101(31), the plaintiff, relying on Barman, argued that
"insider" status should be found because the debtors were persons in control of the LLC,
and the "insider" definition concerning "corporations" found in § 101(31)(A)(iv)
applied.43 The court cited the Enterprise instruction not to enlarge the list of per se
40 Doc. 66, 4.
41 Enterprise Acquisition Partners, 319 B.R. at 632.
42 Elsaesser v. Cougar Crest Lodge, L.L.C. (In re Weddle), 353 B.R. 892 (Bankr. D. Idaho 2006).
43 Id. at 897.
Case 11-06236 Doc# 70 Filed 03/10/14 Page 15 of 22
insiders beyond those in the statute, and held that "[s]ince a[n] LLC of which debtor is a
member, director, officer or person in control is not among the list of per se, statutory
insiders, Plaintiff's argument fails."44
Next, CJD relies upon Lull, 45 a 2008 bankruptcy decision from the District of
Hawaii. In this preference action, the bankruptcy trustee contended that Tipaldi had
received an avoidable transfer from debtor Lull more than 90 days prepetition. Both Lull
and Tipaldi were members and managers of Tower Creek, LLC. The trustee (like the
Plaintiff-Trustee in this case) contended that Tipaldi was a per se insider of the debtor
because § 101(31)(E) defines "insider" to include an "affiliate, or insider of an affiliate as
if such affiliate were the debtor," and the LLC was an "affiliate" of the debtor under the
corporate portion of § 101(2)(B). Although acknowledging that some courts have found
that an LLC is "sufficiently analogous to a corporation to permit a court to apply the
corporate provisions of § 101(31) to a LLC,"46 the court noted that the Ninth Circuit had
not decided the question, but the Ninth Circuit BAP had instructed that the definitions
should not be expanded. The court therefore concluded that the "Weddle court's holding
that a limited liability company is not a per se insider of a debtor who is a member of the
company is the more sound result."47
44 Id.
45 Kotoshirodo v. Dorland and Assocs., Inc. (In re Lull), 2008 WL 3895561 (Bankr. D. Haw.
46 Id. at *8.
47 Id. at *9.
Case 11-06236 Doc# 70 Filed 03/10/14 Page 16 of 22
In its reply brief, CJD argues that the Tenth Circuit would adopt its argument over
that of the Trustee. The case relied on is Kunz, 48 where the court held that the debtor's
title of "director emeritus" of a bank did not make him a "director" of the bank or a per se
insider of the debtor, for the purpose of avoidance of allegedly preferential transfers from
the debtor to the bank. The court determined that the meaning of "director" as used in the
definition of "insider" is "a person who is a member of the governing board of the
corporation and participates in corporate governance."49 This meaning was found to
contrast with that of "emeritus," which refers to a person "'holding after retirement . . . an
honorary title corresponding to that held last during active service'" or "'retired from an
office or profession.'"50 The court therefore held that the debtor was not an "insider" of
the bank, and that a director emeritus was not equivalent to a director for the purposes of
insider status. The court rejected the trustee's argument that the term "director" must be
construed to included any kind of director, which would equate a managing director with
a former director. The court's construction was found to be more consistent with the
"overall understanding of the function of the statutory definition of 'insider' — as well as
true to the actual language."51 According to CJD, this analysis demonstrates that "the
Tenth Circuit understands, like the Enterprise line of cases, that an expansion of the
48 In re Kunz, 489 F.3d 1072.
49 Id. at 1077.
50 Id. at 1078 (quoting Webster's Third New Internat'l Dictionary 741).
51 Id. at 1079.
Case 11-06236 Doc# 70 Filed 03/10/14 Page 17 of 22
definition of an insider beyond what is plainly stated in the statute is unnecessary."52
c. The Court finds the Trustee's arguments and authorities to be more
persuasive than CJD's.
The Court finds that the Trustee's position is fully supported by the plain meaning
of the applicable definitions. The cases cited by the Trustee holding that an LLC is
within the statutory definition of a "corporation" for purposes of the definition of
"affiliate" are persuasive. The Code defines a "corporation" to include an "association
having a power or privilege that a private corporation, but not an individual or a
partnership, possesses."53 A Kansas LLC has such powers and privileges, and CJD does
not argue to the contrary.
Once it is determined that a Kansas LLC fits within the Code's definition of
"corporation," CJD's status as an "insider" of both Debtors Brooke Corp and Brooke
Capital follows from the definitions of "affiliate" and "insider." An "affiliate" is defined
to mean a corporation "20 percent or more of whose outstanding voting securities are
directly or indirectly owned [or] controlled . . . by the debtor." Debtor Brooke Corp
owned Brooke Brokerage Corporation, which in turn owned CJD. Brooke Corp therefore
indirectly controlled CJD, making CJD an "affiliate" of Brooke Corp, and therefore an
"insider" of Brooke Corp since "insider" is defined by § 101(31)(e) to include an
"affiliate." Further, Debtor Brooke Capital was a majority-owned subsidiary of Brooke
52 Doc. 68, at 7.
Case 11-06236 Doc# 70 Filed 03/10/14 Page 18 of 22
Corp and therefore an "affiliate" of Brooke Corp under § 101(2)(B). Since CJD is an
"insider" of Brooke Corp, which is an "affiliate" of Brooke Capital, CJD also is an
"insider" of Brooke Capital under § 101(31)(E).
Contrary to the Enterprise line of cases relied upon by CJD, the foregoing analysis
is not an expansion of the definition of per se insider by analogizing an LLC to a
corporation; it is a straightforward application of the Code definitions. The Weddle
decision on which CJD relies characterized the plaintiff's argument in support of insider
status as requesting the court to "apply by analogy the insider definition concerning
corporations found in § 101(31)(A)(iv)."54 Rather than examining whether the LLC
satisfied the Code's definition of "corporation," which is the linchpin of the Trustee's
argument in this case, the Weddle court followed the Ninth Circuit BAP's admonition not
to expand the definition of per se insider. Further, the 2008 Lull decision, also relied
upon by CJD and which followed Weddle, arose in the same bankruptcy proceeding and
was decided by the same judge as the 2009 Lull decision which supports the Trustee's
argument, a development that casts doubt upon that judge's earlier analysis.
The Court finds the Trustee's analysis to be consistent with the Tenth Circuit's
decision in Kunz, which, contrary to CJD's implication, did not adopt the Enterprise
directive to limit per se insiders to those enumerated in § 101(31) without regard to the
Code's statutory definition of "corporation." Rather Kunz was decided, as is this case,
54 Weddle, 353 B.R. at 897.
Case 11-06236 Doc# 70 Filed 03/10/14 Page 19 of 22
upon the plain meaning of the statutory definitions. As observed by the Kunz court, "it
was the legislative intent that a person with a relationship designated in the statute be
treated as an insider because of the high potential for control inherent in those
relationships."55 For purposes of per se insider status in preferential transfer litigation,
this Court sees no relevant distinction between a corporate and an LLC subsidiary of a
debtor; there is an equally high potential for control inherent in both relationships. If the
presumption of preferential treatment applies to a corporation, it should also apply to a
similarly-situated LLC.
2. CJD is not a per se insider of Brooke Corp under § 101(31)(E) because of
the operating agreement between CJD and Brooke Brokerage.
In addition to the foregoing argument, the Trustee argues that CJD is an insider of
Brooke Corp based upon the allegation that CJD was being operated under an operating
agreement with Brooke Brokerage.56 Section 101(2)(C) defines an "affiliate" an a
"person whose business is operated under a lease or operating agreement by a debtor."
The Court agrees with the Trustee that an LLC is a "person" for purposes of this
55 Kunz, 489 F.3d at 1079.
56 A Certificate of Amendment and Restatement of the Operating Agreement of CJD &
Associates, L.L.C. dated December 31, 2004 (Doc. 67-1) is included in the record with a supporting
affidavit of the Trustee (Doc. 67-2). The Operating Agreement provides that the business and affairs of
the company shall be managed by its manager, which for purposes of the agreement is referred to as the
board of directors. Doc. 67-1, 1. The directors are elected by the members, (Doc. 67-1, 7), and Brooke
Brokerage Corporation is named as holding 100% of the membership interests (Doc. 67-1, 5). CJD's
objection to the Trustee's arguments premised upon the Operating Agreement relies in part upon the fact
that there is no evidence that the Operating Agreement was in effect when the transfers in issue were
made. Although the Court agrees there is no such evidence, it prefers to address the Trustee's arguments
based upon the construction of the Bankruptcy Code, rather than the fact-question of the effective dates of
the Operating Agreement.
Case 11-06236 Doc# 70 Filed 03/10/14 Page 20 of 22
definition. The Code defines "person" to include an "individual, partnership, and
corporation."57 Although an LLC is not included in the list, courts find an LLC is a
"person" for purposes of determining its eligibility under § 109 to file a petition.58
But the Court finds that the operating agreement relied upon by the Trustee does
not satisfy the "affiliate" definition. To qualify as the basis for "affiliate" status, the
operating agreement must be with a debtor; here the operating agreement was with
Brooke Brokerage, a non-debtor. To overcome this deficiency, the Trustee argues that
the "debtor" means Brooke Brokerage because "[i]n applying § 101(31)(E) [which
defines "insider" to mean "affiliate, or insider of an affiliate as if such affiliate were the
debtor]" to § 101(2)(C) [defining "affiliate" to mean a "person whose business is operated
under a lease or an operating agreement by a debtor"], the term 'debtor' means Brooke
Brokerage because it is 'as if' Brooke Brokerage (i.e., "such affiliate') 'were the
debtor.'"59 But this argument misconstrues § 101(31)(E), which provides for two routes
to "insider" status: (1) being an "affiliate" of the debtor; and (2) being an "insider" of an
"affiliate" of the debtor, as if such affiliate were the debtor. For purposes of the first
route, CJD is not an "affiliate" of a debtor based upon the operating agreement with non-
debtor Brooke Brokerage. For purposes of the second route, there is no Bankruptcy Code
definition providing that CJD is an "insider" of Brooke Brokerage, an affiliate of Brooke
58 See note 22.
59 Doc. 67, at 10.
Case 11-06236 Doc# 70 Filed 03/10/14 Page 21 of 22
Corp, because of the operating agreement. Under the Code definitions, an "insider" of an
"affiliate" of the debtor is treated the same as an "insider" of the debtor. This does not
mean that the "affiliate" is a debtor. The Trustee's argument misconstrues the phrase "as
if such affiliate were the debtor" in the definition of "insider." The Court therefore finds
that CJD cannot be an "affiliate" of Brooke Corp under § 101(2)(C) based upon an
operating agreement with Brooke Brokerage.
For the foregoing reasons, the Court denies CJD's motion to file an amended
answer denying the Trustee's allegations that CJD is a per se insider of Debtors Brooke
Corp and Brooke Capital. The proposed amendment would be futile because, under the
uncontroverted facts as to the relationship of CJD with the Brooke entities, CJD is a
statutory or pe se insider.
The foregoing constitutes Findings of Fact and Conclusions of Law under Rule
7052 of the Federal Rules of Bankruptcy Procedure, which makes Rule 52(a) of the
Federal Rules of Civil Procedure applicable to this proceeding.
# # #
Case 11-06236 Doc# 70 Filed 03/10/14 Page 22 of 22


text:
Candlewood Suites Corpus Christi-Spid
Candlewood Suites Corpus Christi-Spid
Quick Info
- Check In: 3:00 PM
- Check Out: 12:00 PM
- Minimum Check-In Age: 21
- Late Check Out Available
- Print Fact Sheet
- Chat With Us
- On-site Guest Self-Laundry Facilities
- Housekeeping Full Service
- Standard Wireless Internet service is free for all members
- On-site Fitness Center Available
It's hard to leave your best buddy at home when you're traveling for extended periods, so we provide a pet friendly experience. Restrictions and fees apply.
Whether you are booking suites for a family reunion or suites for your company's training needs, Candlewood Suites hotels can accommodate your group.
Workout whenever you want: Candlewood Gym always has an open door and lots of aerobic and cardio equipment to make it easier to stick to your exercise routine, no sweat.
The IHG Green Engage system is an online tool that gives our hotels the means to measure their day-to-day environmental impact.
Getting Here
Guest Reviews
Overall Experience
Nice Laundry
June 01, 2016
The laundry was very convenant to use following a week of travel. Large capacity commercial washers and dryers were available. The laundry connected to the gym.
nice rooms and great service
May 24, 2016
The hotel was great about getting me a room at last minute and the staff was very friendly and helping.
The rooms were of a nice size for the price paid.
Excellent staff
May 23, 2016
Ashley is a superstar. She helped my with a mistake that I made in my booking and she remembered my name after just a brief meeting.
Genita is a gem. She is a warm person who is comfortable with casual conversation.
May 05, 2016
I usually am very pleased with Candlewood Suites. But this location is absolutely horrible!


text:
New Orleans Saints linebacker Scott Fujita, a key member of the team's defense since the arrival of Coach Sean Payton, has reportedly signed a mutli-year contract with the Cleveland Browns.
The deal, reported in The Plain Dealer, would mean the defending Super Bowl champions have lost a starter in the annual free agent derby that began at midnight Friday. Fujita was an unrestricted free agent, just as he was when the Saints signed him before the 2006 season, and consequently New Orleans is not owed compensation from the Browns.
However, because the Saints have now lost a player they are able to enter the free agent market themselves and can sign a player for the same salary and bonus Fujita is slated to get from the Browns. Previously, the Saints were barred by a new league rule stating the four teams who played in their respective conference championship games were not allowed to participate in free agency unless one of their players was signed by another team. The terms of Fujita's deal with the Browns were not immediately known.
The move came somewhat suddenly, as neither Fujita nor his agent had given any indication they were on the verge of bolting New Orleans. The two could not immediately be reached for comment Sunday. Saints officials also had offered no comment on the situation late Sunday afternoon.
Originally a walk-on linebacker at California, Fujita was chosen in the fifth round of the 2002 NFL draft by the Kansas City Chiefs. He played three seasons for the Chiefs and one for Dallas before the Saints acquired him.


text:
Things to see and do - Paris
Leaving for France
Montmartre and the Belle Epoch :
Nearby tourist sites
Nearby hotels
Avalon Hotel - Gare du Nord Paris from72 €Book
Hôtel Maubeuge Gare du Nord from50 €Book
Montmartre Clignancourt from49 €Book
Things to do nearby
The Paris Pass: Access to Over 60 Museums & Attractions
- -135 €
- Book
Chic Outlet Shopping Experience at La Vallée Village
- -24 €
- Book
Disneyland Paris Express by Shuttle
- -101 €
- Book
Nearby Restaurants
Chez Michel
Cotation :
Type de cuisine : Traditional cuisine
Bistro Poulbot
Cotation :
Type de cuisine : Traditional cuisine
Cotation :
Type de cuisine : Modern cuisine
Montmartre and the Belle Epoch
Montmartre and the Belle EpochPedestrian, 5 km, 1 day
Montmartre, the village where Renoir painted and Suzanne Valadon, Utrillo and Picasso became the archetypes of picture postcard Paris... The charm lives on to this day, despite the number of tourists! Our tour will allow you to capture the beauty of Montmartre and its quiet corners where you can dream!Customise this route and add it to My travel book
Sacré-Coeur Basilica
After the catastrophe of 1870, a number of Catholics vowed to build a church consecrated to the Heart of Christ on the hill of Montmartre. Abadie was inspired by Saint-Front cathedral in Périgueux in drawing up the Romano-Byzantine plans of the basilica. Work began in 1876 and was completed in 1914, after a national subscription. From the dome, there is a view down into the interior of the church, but above, the view from the external gallery over a radius of 30 km is quite exceptional!
Église Saint-Pierre-de-Montmartre
This 12C church, part of the former abbey of Montmartre, is one of the oldest churches in Paris. Built on the site of a Merovingian temple, the church was altered in the 15C and 18C. In the interior, note its Romanesque-inspired architectural features, the works by the sculptor Gismondi (1980), as well as the stained-glass windows by Max Ingrand.
Place du Tertre
This old village square, lined by little houses and planted with trees has conserved its rural air. At least, in the morning before it becomes a centre of tourism on the hill, with cosmopolitan crowds whom numerous artists offer charcoal portraits. At n° 21, the headquarters of the Commune libre of Montmartre.
Dalí-Montmartre Space
Sculptures, lithographs and dry point etchings by Salvador Dali (1904-1989).
Rue Cortot
Numerous artists stayed at number 12: Renoir, Friesz, Dufy, Emile Bernard, Suzanne Valadon and her son Utrillo. The poet Pierre Reverdy (1889-1960) lived there before retiring to the Abbey of Solesmes.
Avenue Junot
This peaceful thoroughfare was opened in 1910 on the famous «maquis» of Montmartre, a piece of waste ground of ill repute where the windmills turned. Studios and pavilions are here today such as the Hameau des Artistes or the Villa Léandre (n° 25). A sculpture by Jean Marais evokes the author of Passe-muraille on the Place Marcel-Aymé.
Place des Abbesses
This square is the very heart of the village of Montmartre. Here, you can admire the Église Saint Jean de Montmartre, and the Square Jehan Rictus, which replaced the town hall of the 18th arrondissement, and where Verlaine was married. In the centre of the square, the métro station is one of only two in Paris to have kept its original entrance, designed by Hector Guimard.
Boulevard de Rochechouart
The famous Boule Noire dance hall (created at n° 118 in 1822), the Chat Noir cabaret (1881), and the Élysée-Montmartre dance hall (at n° 72) are legendary names in Parisian nightlife. Although the Chat Noir is no more, the Boule Noire, Élysée-Montmartre and La Cigale (n° 120) host frequent rock concerts and variety shows.
Place Charles-Dullin
This small shaded square is fronted by the former Théâtre de Montmartre (1822), which became the Théâtre de l'Atelier when Charles Dullin (1885-1949) came here in 1922. This innovative actor and producer was to have a lasting influence on French theatre.


text:
Ann Widdecombe, well on her way to being established as a National Treasure, features in a new exhibition of portraits by Lewes artist Leslie Hills.
Her 'Portraits for Charity' show returns to the Cancer Research UK shop on School Hill throughout September. Former MP Ann was happy to support the initiative in aid of the RNLI and Cancer Research UK.


text:
It is the time of year during which closing exercises are prevalent on a daily basis. This writer was privileged to have attended a very special culmination celebration program on Tuesday, May 20, 2014 at Rosemont Elementary/Middle Charter school #063 in Baltimore.
Sorors from the oldest African-American sorority, Alpha Kappa Alpha, founded in 1908, had been providing services to students at the school and this was the time during which they gave accolades for the growth they observed in the participants throughout the year. The service-oriented sorority has had a program with several areas of focus in which they emphasized Coping With Asthma, Transitioning to High School, Health/Nutrition, Peer Pressure, Tutoring, Mentoring and Character Building as well as Parental Involvement. The program was the result of a plan of action being submitted to the principal, who gave his overwhelming support to the sorors.
Related: http://www.examiner.com/article/oldest-african-american-sorority-brings-oasis-of-hope-to-bmore-inner-city-school
The program began with opening remarks by the principal, Dwayne Wheeler and the AKA Education Committee Chairperson, Frances Parks. The family and friends who had gathered were then led via Powerpoint in singing the Negro National Anthem, "Lift Every Voice and Sing".
Six of the young particpants presented a skit in which they spoke about the differences and changes the program had made in their self-concepts and lives. They spoke about their aspirations and other benefits of being in the program. (The young ladies had taken a worthwhile trip to Annapolis, courtesy of Senator Delores Kelley, and had even had lunch in her chambers.) Additionally, Thursday May 22, 2014, they are scheduled to have lunch at the Rusty Scupper, a very popular seafood restaurant in the Baltimore area.
Certificates were then distributed to the presenters and facilitators who had made the success of the program possible.
The eighth grade young ladies, who had participated in the mentoring/character building journey, were awarded various certificates, citations from Senator Kelley and other gifts. They were also presented with a framed global leadership postcard, as a constant reminder of this experience. The excitement was evident on each of their faces. The young ladies who had participated in the program throughout the school year are: Shannon Alford, Zybreal Johnson, Sabrea Starks, Venia Jeffries, Taija Phillip, Kiersten Morton, Cheree Johnson, Hayley Boutte, Christia Bostic and Valyncia Blackston.
Closing remarks were provided by the President of the Epsilon Omega Chapter, E. Francine Stokes-McElveen, Ms. Parks and Mr. Wheeler. A reception followed for the participants and supporters who were present.
The very accomplished AKA ladies involved are Frances Parks (AKA Education Committee Chairperson), Tamara Greenhill, Edmonia Yates, Anne Moore, Jean B. Owens, Dawn Ray, Cecelia King, and Adeline Wheless-Hutchinson.
Rosemont Elementary/Middle, 2777 Presstmann Street, is a charter school with oversight by Coppin State University. The principal of the school is Dwayne Wheeler. He can be reached at 410-396-0574.
Related: http://www.examiner.com/article/baltimore-sorority-trains-emerging-young-leaders