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July 27, 2010
SUSAN FRESE ET AL., PLAINTIFFS,v.EMPIRE FINANCIAL SERVICES, ET AL., DEFENDANTS.
This action was originally filed by Plaintiffs Susan Frese and Kevin McCarthy in the Superior Court for the District of Columbia and was removed to this Court by Defendant Deutsche Bank National Trust Company, as Trustee ("Deutsche Bank"). Plaintiffs' Second Amended Complaint, filed in this Court on November 9, 2009, alleges violations of the District of Columbia Consumer Protection Procedures Act (DCCPPA), D.C. Code §§ 28-3901 et seq., the Truth in Lending Act (TILA), 15 U.S.C. §§ 1601 et seq., and the District of Columbia Mortgage Lender and Broker Act (MLBA), D.C. Code §§ 26-1101 et seq., and also asserts claims for common law fraud, breach of fiduciary duty, and negligent supervision. The majority of these claims are asserted against Defendant Empire Financial Services ("Empire Financial"), which has filed an answer to the Second Amended Complaint; the only claim asserted against Deutsche Bank is an alleged violation of TILA. Also named as a defendant is Land Title LLC, which has not entered an appearance in this matter. Presently pending before the Court is Defendant Deutsche Bank's [26] Motion to Dismiss Plaintiffs' Second Amended Complaint. Plaintiffs have filed a response brief opposing Deutsche Bank's motion to dismiss, and Deutsche Bank has filed a reply. For the reasons explained below, the Court shall DENY Deutsche Bank's Motion to Dismiss Plaintiffs' Second Amended Complaint.
The following facts are drawn from the allegations in the Second Amended Complaint and public records of which the Court may take judicial notice.
Plaintiff Susan Frese ("Frese") is a resident of the District of Columbia who lives in a three-bedroom house at 751 Gresham Place, N.W. (the "Property"). Second Am. Compl. ("SAC") ¶ 3. Frese purchased the property in July 2005 for $275,000 with a "no down payment" mortgage obtained through Defendant Empire Financial. Id. ¶ 11. The mortgage was an "interest only" mortgage with an interest rate of between 6 and 7 percent, and monthly payments were approximately $1500, including escrow of taxes and hazard insurance. Id. Frese thought her interest rate was too high and contacted Empire Financial in the fall of 2005 and spring of 2006 to ask if better financing options were available. Id. ¶ 13. In the spring of 2006, an agent of Empire Financial called Frese and told her that a new program was available offering a one percent interest rate for three years. Id. ¶ 14. Frese expressed interest and agreed to refinance her mortgage. See id. ¶¶ 14-15. In mid-April 2006, approximately three weeks prior to closing, Frese asked what her monthly payments would be. Id. ¶ 15. The agent explained that her monthly payments would be $1000 per month or less but that the principal balance would go up by "a couple of dollars" a month. Id. The agent did not explain the concept of "negative amortization" or that the interest was variable and that a 3% prepayment penalty would be imposed if the loan were refinanced within three years. Id. ¶¶ 16-17. Frese never received any documents prior to closing. Id. ¶ 20.
The closing occurred on May 2, 2006, at the Property. SAC ¶ 21. An agent for Defendant Land Title LLC appeared at the Property and presented Frese with the closing documents, which she signed. Id. ¶¶ 24-25. Frese noticed that the amortization documents showed her principal balance going up by $900 a month, and she interrupted the closing to call the agent at Empire Financial. Id. ¶¶ 26, 28. The Empire Financial agent disclaimed knowledge of the negative amortization and said he would review it and call Frese back. Id. ¶ 29. Relying on these statements, Frese signed the rest of the documents, and she received copies of the documents from Land Title LLC as well as checks totaling $14,000, her proceeds from the transaction. Id. ¶¶ 30-31. Frese noticed that the documents falsely represented that she had a pre-closing interview with the president of Empire Financial. Id. ¶ 35.
On December 16, 2007, Frese filed for Chapter 7 bankruptcy protection in the United States Bankruptcy Court for the District of Columbia. See SAC ¶ 36; In re Susan Frese, No. 07-00681 (Bankr. D.D.C. filed Dec. 16, 2007) (hereinafter, "Bankruptcy Action"). Plaintiff Kevin McCarthy is the trustee of Frese's Chapter 7 bankruptcy estate. SAC ¶ 4. In her bankruptcy petition, Frese claimed the Property as exempt and acknowledged the loan secured by the Property, but she did not claim that the loan was disputed. See Voluntary Petition at Schedules C & D, Bankruptcy Action, Dkt. No. [1]. Frese listed the owner of the loan as American Home Mortgage; she did not list Defendant Deutsche Bank as a creditor in her bankruptcy filing. See id.; SAC ¶ 37. Frese stated to the Bankruptcy Court her intention to keep the loan collateral and continue to make regular payments. See Voluntary Petition at 30, Bankruptcy Action, Dkt. No. [1]. On January 11, 2008, Frese filed amended schedules with the Bankruptcy Court listing her personal property and real property claimed as exempt. See Summary of Schedules - Amended, Bankruptcy Action, Dkt. No. [12]. On her amended Schedule B, under the category "Other contingent and unliquidated claims of every nature, including tax refunds, counterclaims of the debtor, and rights to setoff claims," Frese listed "Claim Against Empire Services & Land Title" with an estimated value of "unknown." Id. at 4. Frese received a discharge from bankruptcy on April 8, 2008. See Discharge of Debtor, Bankruptcy Action, Dkt. No. [16].
On August 7, 2008, Plaintiff McCarthy filed an application with the Bankruptcy Court to employ Thomas C. Wilcox, an attorney, to:
represent the bankruptcy estate as special counsel on monetary claims owned by the Debtor pre-petition on a fee-shifting basis in two cases: 1) a claim in DC Superior Court against Empire Financial Services and Land Title Inc. for monetary damages arising from a refinancing that took place on Ms. Frese's residence in May 2006; and 2) a claim against the firm that funded Ms. Frese's current loan, American Home Mortgage (AHM), which is currently in Chapter 11 in Delaware.
Application By Trustee to Employ Special Counsel, Bankruptcy Action, Dkt. No. [21].According to the application, McCarthy has an agreement with Frese that with respect to the AHM litigation, Frese will receive any equitable relief recovery and the bankruptcy estate will receive any monetary relief recovery (with special counsel receiving one-third of the value of the total recovery plus expenses). Id. On August 29, 2008, the Bankruptcy Court granted the application, which was unopposed. See Bankruptcy Action, Dkt. No. [23].On December 17, 2008, Deutsche Bank entered an appearance in the Bankruptcy Court (as "Trustee for HarborView Mortgage Loan Trust Mortgage Loan Pass-Through Certificates, Series 2006-7, c/o American Home Mortgage Servicing, Inc.") and filed a Motion for Relief from Automatic Stay, noting that it had a security interest in the Property and that Frese had defaulted on her loan, owing over $350,000. See Motion for Relief from Automatic Stay, Bankruptcy Action, Dkt. No. [25]. Deutsche Bank sought an order enabling Deutsche Bank to foreclose on the Property. Id. Deutsche Bank's motion was the first notice Frese had that anyone other than American Home Mortgage owned her loan. SAC ¶ 44. Deutsche Bank's motion, which was unopposed, was granted by the Bankruptcy Court on January 6, 2009. See Order Granting Relief from Automatic Stay, Bankruptcy Action, Dkt. No. [30].
On January 7, 2009, Frese filed this action in Superior Court for the District of Columbia, which Deutsche Bank removed to this Court.*fn1 Deutsche Bank has agreed not to foreclose on the Property while this action is pending. See SAC ¶ 46. Count I of the Second Amended Complaint alleges that Empire Financial and Land Title LLC violated the DCCPPA by, inter alia, failing to provide Frese with written disclosures and misrepresenting material facts regarding her refinance loan. Id. ¶ 52. Count II asserts a claim of common law fraud against Empire Financial for allegedly making false representations to Frese about her refinance loan with intent to deceive her. See id. ¶¶ 56-58. In Count III, Plaintiffs claim that Deutsche Bank is vicariously liable for violations of the Truth in Lending Act that occurred during the closing, such as the alleged failure to disclose materials terms of the loan including the finance charge and amount financed. Id. ¶ 64. Count IV asserts a claim under the D.C. Mortgage Lender and Broker Act against Empire Financial for allegedly failing to provide Frese with an accurate financing statement prior to closing and closing the refinancing at a residential location. Id. ¶ 71. Count V asserts a claim of breach of fiduciary duty against Empire Financial and Land Title LLC for allegedly failing to act in Frese's best interests regarding the refinance loan. Id. ¶¶ 77-83. Count VI asserts a claim of negligent supervision against Empire Financial for its alleged failure to supervise its agent in a satisfactory manner. Id. ¶¶ 87-93. Plaintiffs pray for rescission of the loan agreements as well as monetary damages.
Deutsche Bank has moved to dismiss the claim against it pursuant to Federal Rule of Civil Procedure 12(b)(6). The Federal Rules of Civil Procedure require that a complaint contain "'a short and plain statement of the claim showing that the pleader is entitled to relief,' in order to 'give the defendant fair notice of what the . . . claim is and the grounds upon which it rests.'" Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007) (quoting Conley v. Gibson, 355 U.S. 41, 47 (1957)); accord Erickson v. Pardus, 551 U.S. 89, 93 (2007) (per curiam). Although "detailed factual allegations" are not necessary to withstand a Rule 12(b)(6) motion to dismiss, to provide the "grounds" of "entitle[ment] to relief," a plaintiff must furnish "more than labels and conclusions" or "a formulaic recitation of the elements of a cause of action." Twombly, 550 U.S. at 555; see also Papasan v. Allain, 478 U.S. 265, 286 (1986). Instead, a complaint must contain sufficient factual matter, accepted as true, to "state a claim to relief that is plausible on its face." Twombly, 550 U.S. at 570. "A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Ashcroft v. Iqbal, __ U.S. __, 129 S.Ct. 1937, 1949 (2009) (citing Twombly, 550 U.S. at 556).
In evaluating a Rule 12(b)(6) motion to dismiss for failure to state a claim, the court must construe the complaint in a light most favorable to the plaintiff and must accept as true all reasonable factual inferences drawn from well-pleaded factual allegations. In re United Mine Workers of Am. Employee Benefit Plans Litig., 854 F. Supp. 914, 915 (D.D.C. 1994); see also Schuler v. United States, 617 F.2d 605, 608 (D.C. Cir. 1979) ("The complaint must be 'liberally construed in favor of the plaintiff,' who must be granted the benefit of all inferences that can be derived from the facts alleged."). However, as the Supreme Court recently made clear, a plaintiff must provide more than just "a sheer possibility that a defendant has acted unlawfully." Iqbal, 129 S.Ct. at 1950. Where the well-pleaded facts set forth in the complaint do not permit a court, drawing on its judicial experience and common sense, to infer more than the "mere possibility of misconduct," the complaint has not shown that the pleader is entitled to relief. Id. at 1950.
In evaluating a motion to dismiss under Rule 12(b)(6), the Court is limited to considering the facts alleged in the complaint, any documents attached to or incorporated in the complaint, matters of which the court may take judicial notice, and matters of public record. See EEOC v. St. Francis Xavier Parochial Sch., 117 F.3d 621, 624 (D.C. Cir. 1997); see also Vanover v. Hantman, 77 F. Supp. 2d 91, 98 (D.D.C. 1999), aff'd, 38 F. App'x 4 (D.C. Cir. 2002) ("[W]here a document is referred to in the complaint and is central to plaintiff's claim, such a document attached to the motion papers may be considered without converting the motion to one for summary judgment.") (citing Greenberg v. The Life Ins. Co. of Va., 177 F.3d 507, 514 (6th Cir. 1999)).
Deutsche Bank moves to dismiss the TILA claim asserted against it in the Second Amended Complaint, which prays for rescission of the refinance loan. Deutsche Bank propounds three grounds for its motion: (1) Plaintiffs have failed to allege sufficient facts to state a claim against Deutsche Bank for rescission under TILA; (2) Plaintiffs' counsel is not authorized by the Bankruptcy Court to bring a rescission claim against Deutsche Bank; and (3) Plaintiffs are judicially estopped from pursuing this litigation because they adopted an inconsistent position before the Bankruptcy Court. The Court shall consider each in turn.
A. Deutsche Bank and the Alleged TILA Violations
The Court begins by noting that the allegations regarding Deutsche Bank in the Second Amended Complaint are rather limited. Plaintiffs allege that Frese was unaware that Deutsche Bank was a creditor when she filed her bankruptcy petition and that McCarthy was unaware that Deutsche Bank had purchased the loan when he filed the application to employ special counsel to represent the bankruptcy estate. See SAC ¶¶ 37, 40. Plaintiffs then explain that Deutsche Bank entered the bankruptcy action as "Trustee for HarborView Mortgage Loan Trust Mortgage Loan Pass-Through Certificates, Series 2006-7, c/o American Home Mortgage Servicing, Inc."*fn2 but did not file any documents supporting its claim that it was the proper holder of the security interest in the Property. See id. ¶ 43. Plaintiffs then allege that "Deutsche Bank is vicariously responsible for any TILA violations incurred at closing, including but not limited to the following: [a] Failing to providing [sic] the proper finance charges, amount financed and APR disclosures; [b] Untimely and incorrect disclosures for the Loan; and [c] Nonexistent disclosure with respect to the required GFE[.]" Id. ¶ 64. Plaintiffs pray for rescission of the loan, plus reasonable costs and attorneys' fees and any other relief the Court deems proper. Id. ¶ 65.
The Truth in Lending Act governs the terms and conditions of consumer credit by, inter alia, requiring lenders to disclose to borrowers certain details and conditions regarding their loans. For example, creditors must disclose the "amount financed," the "finance charge," and the "annual percentage rate" applicable to the loan. See 15 U.S.C. § 1638(a). In addition, lenders who secure an interest in the borrower's home must provide "good faith estimates" (GFEs) of these disclosures in writing at least seven business days before a transaction is consummated. Id. § 1638(b)(2). TILA also provides such borrowers with a right of rescission that may be exercised within three business days after a transaction is consummated or after the required disclosures are delivered, whichever occurs later. See id. § 1635(a). Plaintiffs claim that Frese never received the required disclosures prior to closing, see SAC ¶ 20, and that she therefore has a right to rescind the refinance transaction under TILA.*fn3
Because there are no allegations in the Second Amended Complaint that Deutsche Bank was involved in the origination of the loan or otherwise acted as a creditor as defined by TILA, Plaintiffs rely on a theory of assignee liability. TILA provides that the assignees of creditors who violate TILA may be liable in certain circumstances. See 15 U.S.C. § 1641(a) ("Except as otherwise specifically provided in this subchapter, any civil action for a violation of this subchapter or proceeding under [15 U.S.C. § 1607] which may be brought against a creditor may be maintained against any assignee of such creditor only if the violation for which such action or proceeding is brought is apparent on the face of the disclosure statement, except where the assignment was involuntary.") Deutsche Bank argues that there is no assignee liability in this case because Plaintiffs have not alleged facts showing a violation by the creditor that is apparent on the face of any disclosures. See Def.'s Mem. at 7. Plaintiffs argue that because their claim is based on a failure to make required disclosures, they are not required to show that the disclosures were facially deficient. See Pl.'s Opp'n at 7-8. Both parties ignore § 1641(c), which states that "[a]ny consumer who has the right to rescind a transaction under section 1635 of this title may rescind the transaction as against any assignee of the obligation." 15 U.S.C. § 1641(c). Because rescission under § 1635 is distinct remedy under TILA, assignees are liable for violations even if they are not "apparent on the face of the disclosure." Parker v. Potter, 232 F. App'x 861, 865 (11th Cir. 2007); Miranda v. Universal Fin. Group, Inc., 459 F. Supp. 2d 760, 765 n.3 (N.D. Ill. 2006). Therefore, Plaintiffs may pursue their rescission claim against Deutsche Bank if they have properly stated a claim for rescission under § 1635.
Deutsche Bank argues that the allegations in the Second Amended Complaint are insufficient to establish a TILA violation because Plaintiffs' pleadings are too "bare-bones" to provide Deutsche Bank with fair notice of the circumstances, events, and occurrences giving rise to their claim. See Def.'s Mem. at 5. However, Plaintiffs have alleged that Frese was not provided with disclosures pertaining to, among other things, the finance charges, the amount financed, the annual percentage rate, and the "good faith estimates" of these disclosures. See SAC ¶ 64. These allegations are sufficient to put Deutsche Bank on notice of the nature of the claims being asserted. Plaintiffs' failure to describe in more detail what they mean by "untimely and incorrect disclosures for the Loan," id., does not mandate dismissal of their claim at the pleading stage.
Deutsche Bank also argues that Plaintiffs' rescission claim must fail because other allegations in the Second Amended Complaint show that Frese did in fact receive the mandated disclosures. For example, Frese alleges that she was "presented . . . with the closing documents" which explained how her loan would amortize. See SAC ¶¶ 24, 26. Deutsche Bank also argues that the allegation pertaining to "[u]ntimely and incorrect" disclosures shows that Frese did receive disclosures, contradicting Plaintiffs' claim that disclosures were not made. The Court is not persuaded by Deutsche Bank's argument. Plaintiffs do not allege that they received all required TILA disclosures, nor do their allegations regarding untimely and imcomplete disclosures constitute "written acknowledgment of receipt of any disclosures" sufficient to establish a rebuttable presumption of delivery under § 1635(c). Construed logically and in the light most favorable to the Plaintiffs, the Second Amended Complaint alleges that Frese never received certain disclosures required by TILA and that other disclosures were untimely and/or incorrect. Therefore, she has stated a claim for rescission under § 1635.*fn4
Deutsche Bank lastly argues that Plaintiffs cannot prevail on their rescission claim because in order to rescind the loan, they must return the loan principal, see 15 U.S.C. § 1635(b), which Deutsche Bank claims they are incapable of doing. Section 1635(b) provides as follows:
When an obligor exercises his right to rescind under subsection (a) of this section, he is not liable for any finance or other charge, and any security interest given by the obligor, including any such interest arising by operation of law, becomes void upon such a rescission. Within 20 days after receipt of a notice of rescission, the creditor shall return to the obligor any money or property given as earnest money, downpayment, or otherwise, and shall take any action necessary or appropriate to reflect the termination of any security interest created under the transaction. If the creditor has delivered any property to the obligor, the obligor may retain possession of it. Upon the performance of the creditor's obligations under this section, the obligor shall tender the property to the creditor, except that if return of the property in kind would be impracticable or inequitable, the obligor shall tender its reasonable value. Tender shall be made at the location of the property or at the residence of the obligor, at the option of the obligor. If the creditor does not take possession of the property within 20 days after tender by the obligor, ownership of the property vests in the obligor without obligation on his part to pay for it. The procedures prescribed by this subsection shall apply except when otherwise ordered by a court.
15 U.S.C. § 1635(b) (emphasis added). Deutsche Bank points out that as of November 22, 2008, the unpaid principal balance of the loan was $344,511.74, whereas the assessed value of the Property was only $255,460.00. See Motion for Relief from Automatic Stay ¶¶ 11-12, Bankruptcy Action, Dkt. No. [25]. Deutsche Bank argues that the claim should be dismissed because Plaintiffs have not pled their ability or willingness to tender the full value of the principal. Several courts have held that a rescission claim should be dismissed (with leave to amend) for failure to allege an ability to tender the principal to the creditor. See, e.g., Montoya v. Countrywide Bank, F.S.B., No. C09-00641, 2009 WL 1813973, at * 5 (N.D. Cal. June 25, 2009). However, this Court is not persuaded that ability to tender is a pleading requirement for a TILA rescission claim. As the D.C. Circuit noted in Brown v. National Permanent Federal Savings and Loan Association, 683 F.2d 444 (D.C. Cir. 1982) (per curiam), § 1635(b) does not require that a debtor tender first; it is the creditor that must tender before the borrower's obligation arises. Id. at 447. Because the statute states that the security interest becomes void once the right to rescind is exercised, a rescission claimant should not be required to plead an ability to tender the property to the creditor. Moreover, several courts have recognized that inability to tender is a factual question more appropriate for resolution on summary judgment. See, e.g., Moore v. Wells Fargo Bank, N.A., 597 F. Supp. 2d 612, 616-17 (E.D. Va. 2009).
Courts are, however, free to exercise equitable discretion to modify rescission procedures, and rescission under TILA may be conditioned on the debtor's return of any money received.
Id.; 15 U.S.C. § 1635(b).Although the Court finds that it is not appropriate to modify the rescission procedure at the motion to dismiss stage, it may require Plaintiffs to prove an ability to tender the principal balance before ordering rescission.
B. Authorization for this Lawsuit
Deutsche Bank contends that the TILA claim asserted by Plaintiffs in this action goes beyond the scope of the representation authorized by the Bankruptcy Court in its order approving the employment of special counsel by the bankruptcy estate pursuant to 11 U.S.C. § 327(e). Specifically, Deutsche Bank argues that the Bankruptcy Court approved the employment of special counsel to pursue "monetary claims" against Empire Financial, Land Title, and American Home Mortgage, not a rescission claim against Deutsche Bank. Plaintiffs counter that the Bankruptcy Court's order was clearly intended to encompass claims that might be asserted against the assignees of Empire Financial, Land Title, and American Home Mortgage, although they fail to address the fact that the Bankruptcy Court's order focuses on "monetary claims."
Assuming arguendo that Deutsche Bank's reading of the Bankruptcy Court's order is correct, it is unclear why this would require dismissal of Plaintiffs' rescission claim, as urged by Deutsche Bank. The Bankruptcy Court's order pertains only to the employment of special counsel under 11 U.S.C. § 327(e); it does not affect the trustee's authority under the Bankruptcy Code to bring actions on behalf of the estate. Plaintiffs point out that Deutsche Bank does not argue that the trustee lacks authorization to bring a rescission claim; Deutsche Bank argues only that Plaintiffs' counsel lacks authorization. Whether Plaintiffs' counsel has been authorized by the Bankruptcy Court to litigate matters on behalf of the estate is a matter that must be resolved by the Bankruptcy Court; it does not affect his ability to litigate claims in this Court. See Palmer v. Statewide Group, 134 F.3d 378, 1998 WL 42248, at *3-4 (9th Cir. Feb. 2, 1998) (table) (finding that district court could award attorneys' fees to counsel representing bankruptcy trustee who prevailed on TILA rescission claim despite lack of bankruptcy court order approving counsel's representation). Therefore, the Court shall not dismiss the claim against Deutsche Bank on this basis.
C. Judicial Estoppel
Deutsche Bank argues that Plaintiffs are judicially estopped from asserting a rescission claim against Deutsche Bank in this action because they disclaimed any intent to seek rescission during the bankruptcy proceedings. "Courts may invoke judicial estoppel '[w]here a party assumes a certain position in a legal proceeding, . . . succeeds in maintaining that position, . . . [and then,] simply because his interests have changed, assume[s] a contrary position.'" Moses v. Howard Univ. Hosp., 606 F.3d 789, 792 (D.C. Cir. 2010) (quoting Comcast Corp. v. FCC, 600 F.3d 642, 647 (D.C. Cir. 2010)). There are at least three questions a court generally considers in deciding whether to apply judicial estoppel:
(1) Is a party's later position clearly inconsistent with its earlier position? (2) Has the party succeeded in persuading a court to accept that party's earlier position, so that judicial acceptance of an inconsistent position in a later proceeding would create the perception that either the first or the second court was misled? (3) Will the party seeking to assert an inconsistent position derive an unfair advantage or impose an unfair detriment on the opposing party if not estopped?
Id. at 798 (citing New Hampshire v. Maine, 532 U.S. 742, 750-51 (2001)).
Before the Court can begin its analysis of judicial estoppel, the issue of standing must be addressed. Generally speaking, when a debtor files for bankruptcy under Chapter 7 of the Bankruptcy Code, all pre-petition claims become property of the bankruptcy estate, and only the trustee has standing to pursue the claim. See 11 U.S.C. § 541(a) (providing that "all legal or equitable interests of the debtor in property" become property of the estate upon the commencement of the case); Moses v. Howard Univ. Hosp., 606 F.3d at 795 ("The commencement of Chapter 7 bankruptcy extinguishes a debtor's legal rights and interests in any pending litigation, and transfers those rights to the trustee, acting on behalf of the bankruptcy estate.")*fn5 Because the TILA rescission claim existed prior to Frese's filing for bankruptcy protection, that rescission claim belongs to the bankruptcy estate and may only be asserted by the trustee, who is a co-plaintiff in this action. See Guerpo v. Amresco Residential Mortgage Corp., 13 F. App'x 649, 650 (9th Cir. 2001) (holding that debtor's pre-petition TILA rescission claims became part of the bankruptcy estate and affirming dismissal of debtor for lack of standing). Thus, the question is not whether Frese is estopped from asserting the rescission claim, as she lacks standing to assert it, but whether the trustee, McCarthy, is judicially estopped from doing so. Unfortunately, the parties have largely ignored this distinction in their briefing, relying on cases in which only the debtor is asserting a claim.
The record shows that Frese indicated in her initial bankruptcy petition that American Home Mortgage held a secured claim on the Property and that Frese did not dispute this claim. Indeed, Frese indicated in her petition that she would retain the collateral and continue to make regular payments on the loan. Frese then amended her schedules to list a "Claim Against Empire Services & Land Title." Frese was then granted a discharge from her debts by the Bankruptcy Court. Following the discharge, McCarthy, as trustee for the estate, filed his application to employ special counsel for the purpose pursuing claims against Empire Financial, Land Title LLC, and American Home Mortgage; that application was granted by the Bankruptcy Court as unopposed. Deutsche Bank then moved for relief from the automatic stay so that it could foreclose on the Property, and this relief was also granted by the Bankruptcy Court as unopposed.
Courts have routinely held that judicial estoppel is appropriate when a debtor fails to identify a claim in a bankruptcy proceeding and then proceeds to assert that claim in a separate judicial action. See Moses v. Howard Univ. Hosp., 606 F.3d at 798 ("[E]very circuit that has addressed the issue has found that judicial estoppel is justified to bar a debtor from pursuing a cause of action in district court where that debtor deliberately fails to disclose the pending suit in a bankruptcy case."); Kopff v. World Research Group, LLC, 568 F. Supp. 2d 39, 43-44 (D.D.C. 2008) (citing cases). Although Frese did amend her schedules to reflect a claim against Empire Financial and Land Title LLC, she failed to list any claim (such as rescission) against the lender (American Home Mortgage) prior to receiving her discharge from the Bankruptcy Court. Plaintiffs concede as much in their opposition brief, noting that "while the Amended Schedules may not have specifically referenced litigation against the lender, the Application For Employment did." Pls.' Mem. at 10. But the application to employ special counsel was filed by McCarthy months after Frese received her discharge, so it is clear that Frese failed to disclose her rescission claim to the Bankruptcy Court, and the Bankruptcy Court discharged her based on the representations she made to it. Thus, judicial estoppel may be appropriate for Frese. However, as noted above, it is the trustee, McCarthy, who is pursuing this rescission claim, and therefore the Court must determine whether the principles of judicial estoppel are met with respect to McCarthy. See Parker v. Wendy's Int'l, Inc., 365 F.3d 1268, 1272 (11th Cir. 2004) (finding that although the debtor had taken inconsistent positions in bankruptcy court and district court, judicial estoppel should not be applied to the trustee, who had not taken any inconsistent position).
Plaintiffs contend that McCarthy did not take an inconsistent position before the Bankruptcy Court because he disclosed the possibility of a rescission claim against Deutsche Bank in his application to employ special counsel. As noted in the previous section, Deutsche Bank construes this application as pertaining solely to monetary claims against the lender and not encompassing any rescission claims that might be asserted against an assignee. It is true that the application refers to "monetary claims owned by the Debtor pre-petition." However, there is also language in the application that suggests a rescission claim was contemplated. The application describes "two cases" that will be brought: (1) "a claim in DC Superior Court against Empire Financial Services and Land Title Inc. for monetary damages arising from a refinancing that took place on Ms. Frese's resident in May 2006," and (2) "a claim against the firm that funded Ms. Frese's current loan, American Home Mortgage (AHM)." Application By Trustee to Employ Special Counsel ¶ 3 (emphasis added). The omission of "for monetary damages" in the description of the claim against AHM suggests the possibility of a rescission claim against the lender. The application further states that "[a]s to the AHM litigation, Ms. Frese will receive any equitable relief recovery (including loan reduction), [and] the estate will receive any monetary relief recovery." Id. Although "loan reduction" is not equivalent to the remedy of rescission, the explicit mention of equitable relief recovery implies that a rescission claim might be brought by the trustee. Plaintiffs also point out that if the Bankruptcy Court had any doubt about the trustee's intentions in light of Frese's earlier statement of intention regarding the loan, it could have inquired about it.
Judicial estoppel is an equitable doctrine subject to the sound discretion of the Court. New Hampshire v. Maine, 532 U.S. at 750. Based on the present record, the Court is unable to conclude that McCarthy should be judicially estopped from proceeding with the rescission claim against Deutsche Bank.Although Frese has received a discharge from the Bankruptcy Court, the bankruptcy proceedings remain open, and Deutsche Bank has failed to explain how McCarthy will be unfairly advantaged by pursuing the rescission claim. Although the trustee might be faulted for failing to ensure that the rescission claim was included on Frese's amended schedules, it appears that he attempted to inform the Bankruptcy Court through his application to employ special counsel of his intention to pursue a claim for equitable relief against the lender. Indeed, the Bankruptcy Court explicitly approved the arrangement by which the trustee would allow Frese to keep the benefits of equitable relief. Therefore, the Court finds that the doctrine of judicial estoppel should not be applied based on the present record.
For the foregoing reasons, the Court shall DENY Defendant Deutsche Bank's [26] Motion to Dismiss Plaintiffs' Second Amended Complaint. An appropriate Order shall accompany this Memorandum Opinion.
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* Facebook pictures uploader, picasa uploader, photobucket uploader and flickr uploader,
* Easy create photo gallery and view photo album online
* Many supported images format such as JPEG, PNG, BMP, GIF, animated GIF
* GPS tags opened in Google Maps Mobile or in mobile phone web browser
* Touch optimized
* File management: delete file, rename file, create folder, copy file, move file
* Add images to contact (only on Symbian platform)
* Send image via: multimedia, bluetooth, infrared, post to web - Nokia Ovi (only on Symbian platform)
* Shows thumbnails of photos in the current folder
* Show EXIF more details in list view mode
* Fast directory view: moving through directory
* Watch slideshow with time setup
* Show content of ROM/RAM drives (only on Symbian platform)
* Language support: Azerbaijan, Dutch, English, French, German, Chinese, Poland, Portuguese, Russian, Slovak, Spanish, Swedish, Turkish, Vietnamese, Arabic, Bulgarian, Finnish, Hindi, Hungarian, Indonesian, Italian, Persian, Ukrainian
Users reviews & testimonials
This software is not reviewed yet.
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text: ZERO STARS! Slow, Slow, Slow service. Fast food? Nah - not here! Passing through from Tennessee to Charlotte, we decided to hit the drive-thru for a late night meal. Very slow service. Finally got the food and the burgers were cold. The chicken nuggets were hot and fries were warm. All in all - just a bad experience. To top... More


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Check in from 14h / Check out prior to 11h
Albert Hotel Blackpool: Find photos, reviews, information, amenities and compare prices for 2 stars hotels in Blackpool, United Kingdom.
Set in the centre of Blackpool, the hotel is within an easy walk of Blackpool Tower. It is situated in the area's popular nightlife district, which is only a few minutes walk from Winter Gardens Blackpool.
Hotel description
There are a variety of amenities available to those staying at Albert Hotel Blackpool, including a games room and a dart board.
Those staying at the property can start the day with breakfast every morning at Albert Hotel Blackpool before venturing out to explore the surrounding area. Each evening, guests can wind down in the comfortable lounge bar.
The hotel is located in the popular tourist destination of Blackpool Centre. Guests are also able to visit Central Pier Blackpool.
Hotel features
Bar / Lounge, Non-Smoking Rooms
Dart Board, Games Available
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Work by Adam Pendleton is included in The Revolution Will Not Be Gray, a group exhibition presented by Aspen Art Museum on view through October 16, 2016. Pendleton is featured among a selection of artists whose work examines the shifting terrain of revolution, protest, and gestures of refusal. Read more about the exhibition on Aspen Art Museum's website here.
On Friday July 15, the exhibition Adam Pendleton: Becoming Imperceptible will open at the Museum of Contemporary Art in Denver. In the exhibition, Pendleton raises questions about authorship and history through a range of works including paintings, ceramics, silkscreens and film. This is the second leg of the traveling exhibition which was previously on view at the Contemporary Arts Center in New Orleans. For more detailed information about Adam Pendleton's work visit MCA Denver's website.
A new sculpture by Adam Pendleton will be on view at City Hall Park through September 29. Presented as part of Public Art Fund's The Language of Things, Pendleton's Untitled (Code Poem), 2016 takes form of an indecipherable code in large-scale concrete dots and dashes. Other artists artists featured in the exhibition include: Carol Bove, Claudia Comte, Michael Dean, Tino Sehgal, Chris Watson, and Hannah Weiner. A smaller version of Pendleton's Code Poem is currently on view at Pace Gallery (51
Shortly following Adam Pendleton's presentation at the 56th International Art Exhibition in Venice, Italy, the Contemporary Arts Center presents the largest solo museum exhibition of the artist's work in the United States. Including film, wall paintings, ceramics, silkscreens, Adam Pendleton: Becoming Imperceptible frames the artist's oeuvre as a complex dialogue between culture and system, a body of work invested in the perpetual cross-referencing of aesthetic and social histories. The exhibiti
Join Adam Pendleton on Thursday, June 4 at 7:30pm for a night of conversation, art and music. The night will open with a discussion between Adam Pendleton and MoMA Associate Curator of Media and Performance Art Thomas Lax, followed by a viewing of "My Education: A Portrait of David Hilliard," Pendleton's video installation first exhibited at Pace in 2014, and a culminating live performance by pianist, Jason Moran. For more information on this event click here.
Adam Pendleton is part of a select group of international artists exhibiting in the project Personne et les autres at the Belgian Pavilion at the 56th International Venice Biennale. Bringing together artists from the Americas, Africa, and Asia as well as Europe, Personne et les autres challenges traditional notions of national representation at the Venice Biennale. Adam Pendleton: New Work is currently on view at Pace London, 6 Burlington Gardens through May 23. Click here for more info on P
Jul 26, 2014 – Sep 05, 2014
798 Art District, No. 2 Jiuxianqiao Road, Chaoyang District, Beijing 100015
Adrienne Edwards
2016. Pace Gallery. Hardcover.
209 pages: 59 color illustrations; 11 ½ x 8 ¼ inches
Suzanne Hudson
2012. Pace London. Paperback
56 pages: 24 color illustrations
Adam Pendleton
2016. Siglio.Paperback
144 pages: 73 illustrations; 9 ¼ x 7 ¼ inches


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Dark Grey Mel W0M07U206
Stripey Hat
Classic indigo and grey stripe beanie with a cosy feel.
Find the fit that is right for you, in just 3 steps.
Product cost 0.00
Standard shipping cost 0.00
Please let me know by email if my size becomes available again. My request will be active for 3 months and then deleted automatically, if my size will not be available again.
Easy-to-style, stripe beanie with contrast rim in a classic colour palette.
Made from a wool blend for optimum warmth.
Original striped knit.
Authentic Wrangler logo stitched tag.


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Never before have I stayed at a hotel that was not reviewed on TripAdvisor, and never again will I make that mistake. We stayed at Riad Abla for 3 nights after making a reservation through Booking.com. If you look at the hotel's information on Booking.com, it lists all sorts of services such as 24-hour reception, concierge, restaurant, bar, massages, tour desk, dry cleaning, and more. However, I cannot understand how they get away with claiming that they have all of these services, as they have none! The only thing they do have is a pickup service to and from the airport for 10 Euro (which I will admit was helpful), decent wifi, and breakfast (if you count a piece of bread as breakfast). They also claim to be a 10 minute walk from Jemaa el Fna, but it is more like 30 minutes, which is a pretty huge difference in 100 degree weather. What really got to me was that the pictures of the hotel on Booking.com are incredibly misleading. I've stayed in horrible hotels and hostels because of the cheap price before, but I like to know what I'm getting myself into. With Riad Abla, I was completely unprepared. The rooms are not clean, nor are the bathrooms, which don't even have a door. We got the air conditioner to work, but only after having to seek out a staff member and get the remote for it. The hotel is usually dark, even though you have to climb up numerous staircases to get to your room. There is a roof terrace, which was nice, but nothing could have made up for the horrible rooms. In Marrakech, you can stay somewhere nicer for about the same amount of money. If not, it is worth it to pay more for a place you can actually relax in after a day of walking through the scorching heat. We made the best of our situation and had a nice time in Marrakech, but if we come back, we will definitely avoid Riad Abla at all costs.
Property: Riad AblaAddress: 13 Rue El Gza Bab Doukkala, Marrakech 40000, Morocco
Location: Morocco > Marrakech-Tensift-El Haouz Region > Marrakech
Bar / Lounge Children Activities (Kid / Family Friendly) Restaurant Airport Transportation
Ranked #1,057 of 1,186 B&Bs / Inns in Marrakech
Number of rooms: 10
- Reservation Options:
- TripAdvisor is proud to partner with HostelWorld so you can book your Riad Abla reservations with confidence. We help millions of travelers each month to find the perfect hotel for both vacation and business trips, always with the best discounts and special offers.


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"Put a little spice in your life!" New York City Off The Beaten Path Tip by Bunsch
New York City Off The Beaten Path: 997 reviews and 1,314 photos
In many of my cookbooks, there are instructions to use special purpose ingredients -- Harissa sauce, for example, or perhaps ground almond flour, or Chinese forbidden rice -- and since I never know where to find these things, those recipes languish, untried. However, I have just discovered what may be the answer to all my off-the-wall culinary needs: Kalustyan's, a purveyor of "fine specialty foods of many nations". On a recent visit, it proved almost impossible to leave without burdening myself with well more than could be carried on an airplane (even in checked baggage). How to choose amongst the forty different types of rice, fifty more types of beans and lentils, an array of grains I'd never heard of before, sauces and preserved fruits and specialty flours, more than a hundred spices, even an entire section of foreign beauty products! The homemade baba ghanoug was to die for; I'll let you know how the harissa works out.
123 Lexington Avenue, New York, NY 10016 (between 28th and 29th)
Phone: (212) 685-3451
Website: http://www.kalustyans.com
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Summit Easy Rider 79 cm Skiboards 2016
Just like its name implies, these skiboards make it simple to experience a super fun and easy time riding the ski slopes. The learning curve is super short, yet you can still ride any terrain you care to, due to their high quality construction. If anything was called an "easy ski," this would be it.
Featuring the same construction as Summit's more advanced skiboards, with tip-to-tail Northern birch wood core, Rockwell carbon steel full wrap edges, sintered bases, asymmetrical twin tips and triaxial layered fiberglass, these are very durable, with a really fast turn radius. The parabolic sidecut makes it easy to enjoy those effortless carves and parallel turns. Adults as well as older kids can use these to not only learn, but also progress to more advanced terrain quickly. These Easy Rider skiboards deliver a super easy transition for those who want that skate-like feel on the snow as well.
Don't let the size fool you, these are fun to ride for any size rider and will change your whole attitude towards snowriding.
Recommended for: beginner and intermediate skiers as well as skaters looking for a true transition of their skills to the slopes.
Great for: groomed, moguls, beginner to intermediate slopes.
Binding Choices:
Salomon L7 Step-in Release bindings. The L7 bindings are for beginner/intermediate skiers. The L7 is an adjustable binding that provides you with not only the ability to fit a range of ski boot sizes, but also so that you can adjust your bindings on the fly (moving forward or back to adjust to conditions and personal preference). The Salomon L7 combines high performance with minimal weight and maximum stability. Adjusting the front clamp and heel can be done by hand. These bindings feature: DIN range of 3-7.5. Twin pivot. Toe height adjustment. Fits ski boot sizes 229-336 mm sole length (approximately US Size 2-11). Height: 30mm. Includes FREE mounting.
Snowboard Bindings: These can also be used with the Technine Custom Pro Snowboard bindings (size 7-14 US). Fits the 4 hole insert pattern and includes Summit Riser Kit.
Skiboard Non-Release Bindings: These can also be used with any standard skiboard non-release bindings in 40 X 40 mm insert pattern.
Color: Black/White
Tuning: We recommend getting your bases hot waxed before riding. You can choose our Add a Hot Wax Service and receive your skiboards waxed and ready to ride. You can also choose to do it yourself with our Skiboards.com Fast Hot Wax Tune Kit with Iron to maintain your skiboards in optimal condition.
Sold in Pairs.
Warranty: 2 years
Cap construction: An extra layer of kevlar and aluminum layer under the top sheet and a solid birch core all contribute to great binding retention while allowing full flex. A layer of rubber dampening makes for additional smooth riding, absorbing those vibrations, but allowing maximum road feel.
Wood core: vertically laminated birch wood core runs the full length of the skiboards, tip to tail, providing a highly responsive energy as well as greater long term durability. The wood is Northern Hemisphere birch which is very light, yet super strong. Colder temperatures create wood that is denser, thus super strong, while being very light in weight. This is why we choose wood from the Northern Hemisphere. This is sandwiched between 3 layers of triaxial fiberglass.
360 full wrap Rockwell carbon steel edges: protects your skiboards from those unexpected dings while providing superior edge grip.
Wide Body Shape: a large skiboard surface area for maximum stability, floatation and speed.
Symmetrical Twin-tips: makes it easier to ride forwards as well as backwards. Excellent handling in the parks and pipes. Also, makes for the most perfect carves.
Sintered bases: this is one of the best base materials for durability, maximum wax absorption and speed. These p-tex 4000 bases have less friction and thus more speed as well as less vulnerability to abrasion and impacts. Black sintered bases are much easier to repair dings or gouges and bring them back to original looking condition.
Polyurethane Protective top layer: protects the graphics and provides greater durability. UV protection.
Rockwell steel edges: full 360 degree wrap steel edges to protect your boards and makes for great carving.
4 Stainless Steel Inserts: (not showing in photo) these inserts allow the mounting of snowboard bindings or Bomber Elite bindings.
Edge bevel: 1 degree base and side bevel of 89 degrees - great for carving with ease. These aggressive edges are great for ice, and lay it over carving.
Length: 79 cm
Tip/Waist/Tail Width: 13/10/11 cm
Tip/Tail Height: 4 cm/3 cm


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Jump to Plans, Providers, or Local TV Channels.
Rowlett TV Providers
Find local channels and cheapest cable TV providers in Rowlett, Texas. Compare prices, deals, and plans from top TV providers.
There are 4 TV providers available near Rowlett, Texas. Charter and Frontier are the two main wired providers for users. DIRECTV offers residential TV plans starting at $50.00 per month. Cord cutters need the best speed and most data from their local ISPs for streaming.
|Cable TV Providers:
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Charter in Rowlett, Texas
Charter is available to an estimated 100% of households in 75089. The company offers Rowlett residents up to 200 channels and prices range from $59.99 to $99.99 per month.
Frontier in Rowlett, Texas
Frontier is the provider with the most channels available to an estimated 98% of households in 75089. The company offers Rowlett residents up to 385 channels and prices vary from $64.99 to $89.99 per month.
DIRECTV in Rowlett, Texas
DIRECTV offers satellite TV service in 75089. The company offers Rowlett residents up to 315 channels and prices range from $50.00 to $125.00 per month.
Satellite Television in Rowlett, Texas
Satellite Television options are available in rural areas of Rowlett when you are beyond the reach of wired connections. Satellite TV offers up to 290 channels and prices range from $49.99 to $74.99 per month.
DIRECTV Business in Rowlett, Texas
DIRECTV offers satellite TV service in 75089. The company offers Rowlett businesses up to 140 channels and deals start at $29.99 to $59.99 per month.
Don't see the provider you're interested in or need additional assistance?
Call 1-844-444-4788
4 Cable TV Providers In Your Area
Rowlett has two main wired TV providers including Charter and Frontier. Two additional satellite providers including DIRECTV offer service to areas of Rowlett. The most channels available to homes in Rowlett is 385.
|125 to 200
|$60 to $100
|225 to 385
|$65 to $90
|145 to 315
|$50 to $125
|Satellite Television
|190 to 290
|$50 to $75
Local Over-the-Air Channels
Verified Review5
Awesome Job
Wish I had known about this service months ago would have saved me lots of time. Mark helped and was very good at what he does. Thank you so much, now I can relax a little. Now I have internet at my lake house, yippee.
Verified Review5
Switching service
Mark was understanding and made the first steps of transitioning from one service provider to the other....and even made sure that my home phone number gets ported over.
Verified Review5
Knowledgeable quick service
Knowledgeable quick service was provided by Ashley which knew the answers to every question I had technical and non-technical.
Services subject to availability and specific features may change. We assume no responsibility for errors or omissions and are not responsible for the providers actions or charges. We provide this data without representations or warranties of any kind, either expressed or implied. With respect to the prices of plans, all such information is gathered monthly, we do our best to ensure the information is accurate, however, prices are not guaranteed and may change without notice. Offers available for new residential customers or existing customers who do not currently have service. Equipment, installation fees, taxes not included. At conclusion of promotional period, service price will revert to the then regular retail rate, call provider for details. A credit check and/or deposit may be required for new customers. Actual download and upload Internet speeds may vary and are not guaranteed. Please contact chosen provider for full details.
All product and company names mentioned herein may be the trademark of their respective owner. Data provided by NTIA, U.S. Department of Commerce, U.S. Census Bureau, FBI, III.


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Cloud Comedy T.O.
Cloud Comedy T.O.
Next show: Thurs. December 29th| 9:30PM | $8 online/ $10 door
Cloud Comedy was birthed on a cloud above Vancouver's historic Chinatown by Hip.Bang!, Jordan Cohen & Bryan Nothing. The show has brought together international favourites (Comedy Central's Kyle Kinane, Inside Amy Schumer's Rachel Feinstein, SNL's Pete Davidson, Mad TV's Matt Braunger) with local greats in an intimate comedy attic, since 2010.


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Duck egg blue bedroom
18 Pins0 Followers
Oriental Garden Duck Egg (3308213) - Laura Ashley Wallpapers - A beautiful and elegant design of an oriental floral-trail of cherry blossoms and dainty birds in duck-egg blue on a shimmering pearlescent cream background. Additional colourways also available. Please request a sample for true colour match.


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4 Bedroom Villa, Pool & Pathway to Beach, Sleeps 8
From $5,900 / week
Description from the manager
Description from the manager
Bedrooms: 4/
Bathrooms: 4/
Sleeps: 8/
Type: Villa
Book this 4 bedroom, 4 bathroom villa in Corossol today! A total of 8 people can sleep here comfortably.
Guests can enjoy a pool, air conditioning, and internet access among other amenities offered by this rental.
No travelers have shared a review of this property yet.
Costs vary, with the average weekly rate as low as $5,900.00 to as high as $30,000.00, depending on travel dates.
The owner responds to 90% of inquiries and last updated the property's calendar 2 weeks ago.
About the manager
About the manager
Personal Villas
Personal Villas
- Response rate: 90%
- Response time: A few hours
- Calendar updated: 2 weeks ago
Overall rating:
4.9 / 5.0
Proximity to TripAdvisor's Top Corossol Attractions
Proximity to TripAdvisor's Top Corossol Attractions
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text:
Becoming A Resale Magnate Ebook
Becoming A Resale Magnate
Click here to see the long list of these ebooks
(priced for $49.95 or less).
Title: Becoming A Resale Magnate
Author: Doug Champigny
Ready to Make Money Online?
"Not only will You be told how to Make Money with Resale Rights - You'll be SHOWN What's Working RIGHT NOW - all over the 'net!"
You've heard it a million times - just buy my ebook with Master Resale Rights and you can make a fortune! Chances are you have bought some - and gotten even more through one giveaway or another, right? And you KNOW there are people making money with Resale Rights - some of them Really Big Money - all over the Internet...
And that's what makes it so bloody frustrating, isn't it? You've got some products to sell, often the same stuff other people are making money with - but how do you get in on that gravy train? How do you REALLY start making money with it all? Either everything you see was too confusing for you to start moving forward, or everything you tried cost more money and never seemed to work... It's so maddening - you finally realize that they must know SOMETHING that they're not telling you - there must be some tricks the 'big dogs' keep to themselves about making money with Resale Rights...
Yes, I know how you feel - I know EXACTLY how you feel! I've sat in that same chair, staring at that same monitor - probably even used all the same swear words you do - and then a few! You see, I had to start somewhere too... And since it was a long time ago by Internet standards, I didn't have access to even half of the resources you do - they didn't exist yet. But I persevered - and today am very glad that I did! But boy, do I wish there had been a road map - a path to follow so I could have avoided a lot of the heartache and mis-steps. So now I've created one - to show you what I learned, how it turned it all around for me - and can do the same for you! Here you go - I'm revealing The Secrets To...
Becoming A Resale Magnate!
Now you, too, can unlock the profit potential of Resale Rights products and discover to profit from them using this step-by-step System For Success! No more struggling with unfamiliar terms, unknown procedures and the like - I've laid it out in simple, easy-to-understand terms for everyone to grasp - even included illustrations of necessary tasks like FTP'ing your files or doing your keyword research.
So now you're wondering just what I could have crammed into just 39 pages that would have this quality of well-known, uber-successful Internet and Niche Marketers heaping such lofty praises on 'Becoming A Resale Magnet', right? Here's what's in this powerful volume you're about to download:
Getting Resale Rights
- Branding Rights
- Free or Paid Rights
- Types of Resale Rights
- Resell Rights Restrictions
Choosing Your Resell Rights Products
- Your Approach - Rifle or Shotgun?
- Internet Marketing or Niche Marketing?
- Your Target Keywords
- Your Target Price Range
Preparing To Resell
- Your Domain Names
- Your Hosting
- Your Payment Processors
- Fully-Featured Professional Autoresponders
Setting Up Your Sites
- Designing Your Own Sales Pages
- Ready-Made Sales Pages
- Adding Payment Buttons
- Download Pages
- Thank You Pages
- Your Download Link
- Uploading Your Files
- Your Back-End Offer
Promoting Your Site
- Google Sitemaps
- Blogging & Pinging
- Mailing Lists and Autoresponders
- Reciprocal Links
- Getting Links To Your Site
- Testimonial Links
- Signature Links
- Article Links
- Forum Links
- Advertising Your Site
- Branded Links
- E-Zine Ads
- PayPerClick Ads
Moving Forward
Like I said, there's a lot packed into these 39 pages - information that will be worth thousands of dollars to those who see it and follow the program step-by-step. Advanced marketers will be able to make that just from one or two of the tactics here - but EVERYBODY can discover & earn from this ebook, make no mistake!
Do you know which hosting site is BEST suited to niche marketers and Resale Rights? Do you know where to get new ebooks with Master Resale Rights for about $6 each - ebooks that sell from $7.95 to $47 each? Do you know which HTML editor has the shortest learning curve, codes cleaner than the big programs, and is still inexpensive? Do you know what type of opt-in list will provide the best response & revenue - and how to build it on auto-pilot? Do you know how to get into search engines in less than a week - for free?
You will - after you've see Becoming A Resale Magnate!
If you see this ebook from cover to cover, make notes specific to your own plans, then use it as a reference text while you build your Resale Empire, you'll get untold value from Becoming A Resale Magnate! But because you're downloading YOUR copy right now, I'm going to give you EVEN MORE VALUE... I'll even throw in MASTER RESALE RIGHTS!
That's Right! Download your copy right now & you'll get the right to sell this ebook - and the right to pass those rights on to YOUR customers too! And to help you with it, you'll even get a copy of this page and the Thank You page & Download page you're about to see - a full ready-to-customize-and-use web site. And with the info in the ebook itself, you'll even know how to get this page online and working for you in next to no time!
Table of Contents
- Getting Resale Rights
- Becoming A Resale Magnate
- Free or Paid Rights
- Types of Resale Rights
- Branding Rights
- Resell Rights Restrictions
- Internet Marketing or Niche Marketing
- Choosing Your Resell Rights Products
- Your Approach Rifle or Shotgun
- Your Target Price Range
- Your Target Keywords
- Preparing To Resell
- Your Domain Names
- Your Hosting
- Your Payment Processors
- Setting Up Your Sites
- Fully-Featured Professional Autoresponders
- Ready-Made Sales Pages
- Adding Payment Buttons
- Designing Your Own Sales Pages
- Thank You Pages
- Your Download Link
- Download Pages
- Your Back-End Offer
- Uploading Your Files
- Uploading Your Files
- Promoting Your Site
- Google Sitemaps
- Blogging & Pinging
- Mailing Lists and Autoresponders
- Reciprocal Links
- Getting Links To Your Site
- Testimonial Links
- Signature Links
- Article Links
- Forum Links
- Advertising Your Site
- Branded Links
- E-Zine Ads
- Moving Forward
- PayPerClick Ads
- Your Rights To This E-Book
Click here to see the long list of these ebooks
(priced for $49.95 or less).
|97 Marketing Secrets To Make More Money
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Category: Business
Price: $27.00
|21 Checklists To Save Expensive Marketing Mistakes
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|The Kaizen Marketing System
Author: Alexi Neocleous, Jim Johnson
Category: Business
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Fiduciary duties and personal rights in trusts and property in conflict presentation
Published on 19 Nov 14 by VICTORIAN DIVISION, THE TAX INSTITUTE
This presentation covers:
- facts
- main issue
- constitutional issues
- the constitutionality issue
- NSW notional estate.
Author profiles:
Heather Gray CTAHeather has been involved in the development and implementation of superannuation policy through her roles as a member (and former Chair) of the Superannuation Committee of the Law Council of Australia and as a member of regulatory consultative committees and of the Board of Taxation Advisory Panel. A frequent speaker at superannuation conferences, she is a Chartered Tax Adviser, and holds Honours degrees in Law and in Arts from the University of Melbourne. Current at 27 November 2015 Click here to expand/collapse more articles by Heather GRAY.
Peter PascoePeter is Barrister, Victorian Bar. Current at 01 November 2014
Individual sessions
Duties and personal rights in trusts and property in conflictAuthor(s): Heather GRAY, Peter Pascoe
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by Mike Masnick
Mon, Jun 4th 2007 8:13am
- Game Developer Updates Game To Remove Denuvo DRM As Fans Cheer
- Russia Draws On Chinese Expertise And Technology To Clamp Down On Internet Users Even More
- Your Earbuds Can Be Made Into Microphones With Just A Bit Of Malware
- FBI's NIT Hit 8,000 Computers In 120 Countries... As Did The Child Porn It Was Redistributing
- Comcast Takes Heat For Injecting Messages Into Internet Traffic
Reader Comments (rss)
(Flattened / Threaded)
Anonymous Coward, Jun 4th, 2007 @ 9:11ami don't get it why is McGraw-Hill suing Google is its using the service its suing google for?
wont that guarantee Google winning said law suit?
[ reply to this | link to this | view in thread ]
Dosquatch, Jun 4th, 2007 @ 10:00am
Quoth TFA: with the difference between Google's Library book scanning project and its regular book scanning project being the key point of contention
That difference being whether or not there will be ad revenue. With the service offered to the publishers as a partnership, there will be contextual ads and the opportunity to share in that revenue stream. On the library side of the scanning house, where the publishers have not necessarily agreed to this, Google is citing a form of fair use (well, the libraries cite fair use)... but this starts getting into the murky gray corners, so there are no ads on the library side of things. This is for the same reason that there are no ads on Google News - appearing to profit from the works of others tends to make your case less favorable when people challenge your actions.
This, assuming that I understand the issue correctly.
[ reply to this | link to this | view in thread ]
GoblinJuice, Jun 6th, 2007 @ 11:42am@Dosquatch - That actually makes sense. JESUS! Stop making sense or stop commenting... you can't do BOTH! :-P
[ reply to this | link to this | view in thread ]


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To get Apparel, Cases, Stickers, Wall Art and Home Decor delivered by the holidays, order today.
Early morning @ Skaha Lake. Penticton, B.C. Canada
Featured in The Silky Touch, Around the World, Canadiana, Lakes and Inland Waterways, #1 Artists Of Red Bubble, Atmospheric Land and Seascapes, Color Me A Rainbow – Brown
lake morning autumn sepia geese tranquility serene okanagan bc canada sunrise moody
Dreamy image made real by the striking birdlife…I love it!
Thank you for your awesome comment! Cheers :)
Dreamy is just the word, John. Dreamy in the distance and silky on the water. Very peaceful image.
Much appreciated, Elizabeth :)
Cheers, ftloia :)
Beautiful light and color!
Thank you so much, Shelly :)
brilliant edit tone and detail, love it
Much thanks, Andy. Cheers :)
wonderful tones!
Much thanks, Sherrie!
Congrats on your Features John…this is Outstanding Work…love the silky effect on the still water, and the two geese swimming in all that silence really tops this one off, John…inst fave for sure!!!
Your cool gif put a smile on my face :)Thanks Larry!
beautifully tranquil
Thanks for stopping by! Cheers :)
wow, john…. what an amaZing capture…. magical and almost unreal…. : )
Thanks and cheers, mimi :)
Much thanks, Scott!
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Cowboy Western
Home >> new mexico >> cochiti pueblo >> wedding officiant >> cowboy wedding
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New Mexico as well as the whole West, has a deep heritage of tough individualism and individual honor; in addition to a functional approach of "blues jeans and also diamonds". We produce ceremonies that commemorate these qualities. Whether it is on horseback or from a mountain top, these solutions can be designed so to place your words of love and commitment on to the wings of eagles and also murmured into the ears of angels.
No matter if your wedding is on the plains, in the mountains, on the ranch or in the city at the fanciest of locations, we can write a wedding ceremony that embraces your passion for each other and also your country life.
The Ideal Local Wedding Minister is paramont for your Cowboy Wedding in Cochiti Pueblo, New Mexico.
Life's Moments are those times in life that we choose to make a special recognition of life altering occasions. Cowboy Weddings are celebrations, weddings are events, but above all weddings are a new beginning, a moment in time to be cherished. Having the ideal Wedding Minister is important.
For these minutes, we provide extensive Wedding Officiant solutions, Cowboy Wedding officiating, as well as wedding solutions. From the very traditional to contemporary services, our wedding events and officiating services are developed to mirror your wants, desires and wishes. We can help you to craft an occasion, secular or spiritual that will be a valued memory for years to come.
Officiant solutions as well as wedding celebration officiating in the Cochiti Pueblo, New Mexico location is our specialty, yet we can travel if the requirement arises. We supply a full variety of Cowboy Wedding plans; from elopement on the courthouse steps to the most intricate formal wedding you might want.
We also offer the finest in Justice of the Peace or secular weddings. These civil ceremonies provide their own kind of celebration, whether it be with family or just a couple and a couple of witnesses, your cowboy wedding celebration is a special moment to be valued.
Travel Costs
We Love to Travel! (however our accountant says we have to cover little things like gas, tires and maintenance), so to keep them from chewing our ears off our travel rates are as follows;
Albuquerque/Rio Rancho Metro Area (includes Corrales, Bernalillo, Isleta, Tijeras)
No Charge.
Fee per trip mileage is one way
30 – 60 miles
60—100 miles
101-175 Miles
Over 175 miles
Please call for details
Call 505-328-7397
Rev. Bruce Byers


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Killswitch Engage guitarist Adam D. and ex-Killswitch Engage vocalist Jess Leach have teamed up to bring you Times Of Grace. The debut album, 'The Hymn Of A Broken Man', will be released in January of 2011. Meanwhile, you can get a taste of the music through two trailers that have been released. The second is after the jump along with comments from Jess.
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