text:
Outgoing Caps reporter Adam Vingan (Photo by Monumental, modified by Prewitt)
In three meetings this season, the Capitals have outscored the Penguins 10-1. Inside the Metro, only Carolina has a worse intra-division record than the Penguins (7-11-4). Crosby's reportedly having an off-year, and the fans are quite grumpy.
And none of that matters tonight.
The Penguins are still an excellent team. Crosby's decline is mostly meaningless statistical noise; he's still the best playmaker in the league, and the team's record against the Metro doesn't tell me much about who's gonna win tonight. Like every game, this one will be decided by who's got the better goalie and which team helps him out the most. I peeked at the Caps' lines, and I think it'll be the home team who wins this one and secures a regular-season sweep for the first time in five years.
8 PM on NBCSN. Do the thing.
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The Washington Capitals need to beat the living bejesus out of the Pittsburgh Penguins tonight. Not only would a win push the Caps past their rivals in the standings and sweep them in their season series, a win would also send a message. Basically: We're not putting up with your BS.
Eight days ago, Alex Ovechkin slashed Kris Letang in the ankles. Ovechkin claimed he was trying to shoot a loose puck at the net. Instead Letang fell dangerously into the end boards. Ovechkin was not whistled for a penalty and Letang left the game briefly.
The Penguins, rattled, lost focus on the two points. Instead, they spent the third period doling out cheap shots to Ovechkin and the Capitals, dispensing frontier justice rather than trying to win.
The fans followed their team's lead. A Penguins fan poured beer on the Ovechkin and trainer Greg Smith during a stoppage in play.
The Capitals kept their eyes on the prize. They scored two goals in the third period, one from Joel Ward and an empty netter from John Carlson, to win 3-1.
I know you can't print out GIFs and pin them to a bulletin board, but I hope the Caps remember how Pittsburgh played last week. Here's a reminder.
The rivalry is back. After two games in which the Washington Capitals obliterated the Pittsburgh Penguins, we actually had a contest this time. The Caps and Pens were perfectly matched for forty minutes. Then they went bananas on each other.
Alex Ovechkin opened us up with a thrilling breakaway goal after a bad Pittsburgh line change. Things were looking great for the visitors until Steve Downie of all freaking people crashed the net to end Braden Holtby's shutout streak over Pittsburgh after 143 minutes.
The third period went to hell as Ovechkin slashed Letang and the refs forgot how to do their jobs, but no one scored until the Penguins lost control. During five-on-three, Nick Backstrom sent a great pass to Joel Ward, eagerly waiting on the weak side. John Carlson sealed the deal with an empty-netter from like 170 feet away. Oh yes.
Caps beat Pens 3-1!
From Caps Instagram: "My name is Alex Ovechkin, I lead the nhl in goals."
The Capitals have had the Penguins number so far this season, and that number is zero. In 120 minutes of hockey, Washington has outscored Pittsburgh seven goals to none.
But the Penguins of February 17 are healthier than previous versions, and Holtby has been averaging 3 goals against over the last 10 days. It'd be a nice trick to end the road trip with another blowout over a division rival, but the Caps are gonna have to bring the ruckus to get it done.
The lineup makes me think they might pull it off. Puck drop at 7 PM on CSN.
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After Friday's Caps' 3-2 win over the Ducks, Adam Vingan of NHL.com put out this tweet:
On Dec. 4, the Capitals trailed the Islanders and Penguins by 12 points each. Two months later, they trail by one and two, respectively.
— Adam Vingan (@AdamVingan) February 7, 2015
(If you're not already following Adam on Twitter, please do so now.)
That's a pretty impressive run for the Caps. Here's each Metro team's record from December 4 to February 6.
A few days removed from Adam's tweet, the Caps now sit three points behind the Islanders and two behind the Penguins. Let's take a look, at the team level, at some of the possible underlying factors behind the Caps' substantial gains in the standings since early December.
When you're on a four-game losing slump, the very best thing you can do is play one of your biggest rivals on the second day of a back-to-back.
The Pens are pretty banged up, but the Capitals are full-on desperate right now. I'm expecting fireworks. It's on that NBC Sports' rivalry night thing at 8 PM.
Crash the net.
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Another day, another chance at redemption.
First off, nobody's panicking here. I said NOBODY'S PANICKING HERE but maybe just a teensy and perhaps a little urgency might be good?
Last night, playing against the Blue Jackets and their preposterous annoying cannons (can we dump those in a river pleeeease), we didn't see as much of the sloppy play visited upon us since mid-January. Still, we did see too many penalties and overall our game still isn't looking as tight as it had been looking. Time for a little more yelling we think, Coach Trotz.
How was your holiday break? Did you get any good gifts? I got a neat shirt. Please, please, please tell me you washed your RMNB shirt before you put it on. This is serious, man. Promise me.
Tonight the Pittsburgh Penguins host the Capitals at Consol. It's the first match-up of the season between the two– at 7:30 PM on NBC Sportsnet. It's gonna be a show.
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Matt Niskanen, late of the Pittsburgh Penguins, is one of the marquee defensemen expected to go to free agency tomorrow. New Caps beat writer Alex Prewitt covered the buzz around Niskanen in the Post this morning.
A move to Washington would keep Niskanen with his old defensive coach, Todd Reirden, who coached the blueliner in Pittsburgh and can speak knowledgeably about the player to the Caps front office. And at a glance, Niskanen looks like a very strong player.
Let's check out ExtraSkater.com, which is the best site on the internet next to the Benedict Cumberbatch Name Generator. Last year with Pittsburgh, Niskanen saw 53.4 percent of shot attempts belong to his team during 5v5– a number 7.3 percent better than when he was off the ice. In 2012-13, he had a 51.2 percent shot-attempt percentage, a 3.6 percent improvement compared to when he was on the bench.
That looks fantastic, but hold on a second.
The home team led their lower-seeded opponent three games to one. Then the goalie got hot.
In those final games, the opposing goalie put up a brick wall and his defense kept shots to the outside. Despite a massive advantage in possession, the home team– a favorite to win the Cup– lost game seven.
Despair reigned. The team's star, an exemplar of offense, failed to score when it counted most. The team's goalie looked manifestly flawed.
So the team looked inward. Where did we go wrong? Is this the wrong way to play? Who do we blame?
All the eyes turned to the coach.
Russian Machine Never Breaks is not associated with the Washington Capitals; Monumental Sports, the NHL, or its properties. Not even a little bit.
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United States District Court, N.D. California
August 26, 2014
In re KUPFER; KUPFER, et al., Appellants,v.SALMA, et al., Appellees
Page 813
For Konstantin Kupfer, Debtor, Margarita Kupfer, Debtor, Appellants: Iain A. Macdonald, LEAD ATTORNEY, Macdonald | Fernandez LLP, San Francisco, CA; Matthew Jon Olson, Macdonald Fernandez LLP, San Francisco, CA; Merle Cooper Meyers, Meyers Law Group, PC, San Francisco, CA; Reno F.R. Fernandez, III, Macdonald Fernandez, San Francisco, CA United State.
For Karim Salma, Creditor, Roberta Salma, Creditor: as Trustees of the Salma Family Trust, Lindsey S. Bruel, Creditor, Riyad R. Salma, Creditor, Miscellaneous: Merle Cooper Meyers, LEAD ATTORNEY, Meyers Law Group, PC, San Francisco, CA; Michele Thompson, LEAD ATTORNEY, Meyers Law Group, P.C., San Francisco, CA; Philip Sochet Keith, LEAD ATTORNEY, Attorney at Law, San Francisco, CA.
For Laith K. Salma, Creditor, Miscellaneous: Merle Cooper Meyers, Meyers Law Group, PC, San Francisco, CA.
Judge Dennis Montali, Miscellaneous, Pro se, San Francisco, CA.
USBC Manager-San Francisco, Miscellaneous, Pro se, San Francisco, CA.
Page 814
Re: Dkt. No. 1
WILLIAM H. ORRICK, United States District Judge.
This bankruptcy appeal raises the question of the extent to which attorney's fees and costs awarded against the Debtors, Konstantin and Margarita Kupfer, in a pre-petition arbitration proceeding that established the Debtors' obligation to Creditors for the breach of two leases are subject to the Bankruptcy Code's cap on claims by creditors for damages resulting from the termination of a lease.[1] The Hon. Dennis Montali of the United States Bankruptcy Court determined that the fees and costs are not capped. I agree -- the fees and costs are collateral damages. The order of the Bankruptcy Court is AFFIRMED.
The facts of this case are not in dispute. The Debtors were tenants of the Creditors under two separate commercial leases for property located at 1375-1395 Burlingame Avenue, Burlingame, California. Excerpts of Record (" E.R." ), Dkt. No. 7-1, 35. The Debtors defaulted on each lease at different times prior to their bankruptcy petition. E.R. 39-41.
A. Suite 106
The Debtors--at that time, the tenants--entered a 10-year lease for Suite 106 in March 2008. E.R. 35. They took possession on May 20, 2008. Id. In September 2009, they stopped paying the minimum
Page 815
rent due, thereby breaching the lease. E.R. 40. However, the Debtors continued to occupy the property. Id. The Creditors--at that time, the landlords--commenced an action for unlawful detainer on March 14, 2011. E.R. 36. The Debtors then filed counterclaims for breach of contract, constructive eviction, negligent interference with contract, nuisance, and other causes of action. Id. The parties later stipulated to a move-out date of May 2, 2011, and brought their disputes to arbitration under the lease's binding arbitration procedure. E.R. 36, 83-85.
In arbitration, the Creditors were awarded $241,893 for unpaid rent and late fees from September 2009 until the stipulated move-out date of May 2, 2011; $140,768.65 for rent and interest from the move-out date until the arbitration began on October 15, 2012; and $495,805 for the remainder of rent due under the lease term, ending June 30, 2019, after reductions for stipulated setoffs and discounting. E.R. 40-41. The total award was $878,466.
B. Suite 205
The Debtors entered a 10-year lease for Suite 205 in April 2008. E.R. 102, 104. They took possession on April 1, 2008. E.R. 36. They made their last rent payment in May 2010. E.R. 41. The property was then re-leased to a new party as of November 30, 2010, for a lease term starting December 1, 2010, and ending January 31, 2016. E.R. 41. The new tenant began paying rent on February 1, 2011. E.R. 41.
In arbitration, the Creditors were awarded $112,483 for rent and interest due until the new tenant's first rental payment on February 1, 2011, and $296,450 for the remainder of rent due under the lease term, ending March 31, 2018, after reductions for setoffs and discounting. E.R. 41-42. The total award was $408,933. The Debtors' counterclaims were denied. E.R. 43-44.
C. Arbitration fees
In arbitration, the Creditors were awarded $137,250 for attorney's fees and $56,934.18 for arbitration costs--a total of $194,184.18 (collectively " fees," except as otherwise stated). See E.R. 44-46. The arbitration award issued on June 19, 2013: adding the fees and costs to the damages for Suite 106 and Suite 205, the total award amounted to $1,481,583.18. E.R. 46.
Almost a month later, on July 16, 2013, the Debtors petitioned for bankruptcy under chapter 11 of the Bankruptcy Code. The Creditors filed a proof of claim--a document providing proof of a " right to payment," Travelers Cas. & Sur. Co. of Am. v. Pac. Gas & Elec. Co., 549 U.S. 443, 449, 127 S.Ct. 1199, 167 L.Ed.2d 178 (2007)--with the Bankruptcy Court on September 17, 2013, based on the arbitration award. The Debtors then filed an objection to the claim based on the Bankruptcy Code's cap on claims " for damages resulting from the termination of a lease of real property." 11 U.S.C. § 502(b)(6). As applied to this case, the cap consists of unpaid rent prior to surrender, plus " rent reserved" measured at the cost of rent for 15 percent of the remaining lease period. Id.
With respect to Suite 106, possession of the leased property was surrendered on May 2, 2011. E.R. 36. Applying the 15-percent measurement, there were 447 days' worth of rent reserved for the remainder of the lease period. When added to the $241,893 due prior to the surrender date, this yielded a claim for Suite 106 capped at $529,511.43. Appellants' Am. Opening Br. 2-3; Appellees' Br. 5-6.
Page 816
With respect to Suite 205, possession of the leased property was surrendered on November 30, 2010. E.R. 36. Using the 15-percent measurement, there were 402 days' worth of rent reserved for the remainder of the lease period. When added to the $77,527 due prior to the surrender date, this yielded a claim for Suite 205 capped at $189,708.33. Appellants' Am. Opening Br. 2-3; Appellees' Br. 5-6.
For both leases, the total capped claim for unpaid rent and rent reserved was $719,219.76. The parties do not dispute this figure. Rather, they disagree about whether the $194,184.18 in fees awarded at the arbitration also falls within that cap and cannot be claimed. The Bankruptcy Court held that the section 502(b)(6) cap is a restriction only on claims for future rent, whereas the fees are a collateral claim to which the cap does not apply. E.R. 171, 175-76. It noted that the fees and costs award was not rent reserved, citing McSheridan, 184 B.R. at 99. The Bankruptcy Court therefore allowed the Creditors' claim in the amount of $913,403.94--the sum of the capped claims for rent and the claim for fees. E.R. 176. The Debtors then filed this appeal.
Under 28 U.S.C. § 158, district courts have jurisdiction to hear appeals of the " final judgments, orders, and decrees" of bankruptcy courts. 28 U.S.C. § 158(a)(1). In such proceedings, " [t]he district court acts as an appellate court, reviewing the bankruptcy court's findings of fact under the clearly erroneous standard and its conclusions of law de novo." In re Daniels-Head & Assocs., 819 F.2d 914, 918 (9th Cir. 1987); see also Fed. R. Bankr. P. 8013. The facts of this case are not in dispute, so I will review the legal issues de novo.
Section 502 of the Bankruptcy Code provides that claims against a bankruptcy estate are " deemed allowed, unless a party in interest . . . objects." 11 U.S.C. § 502(a). Once an objection is made, the bankruptcy court will review the claim and allow it " except to the extent" it contravenes or exceeds any of the nine enumerated claims caps. 11 U.S.C. § 502(b); Travelers Cas. & Sur. Co. of Am., 549 U.S. at 449.
Here, the relevant claims cap applies " if such claim is the claim of a lessor for damages resulting from the termination of a lease of real property." 11 U.S.C. § 502(b)(6). The amount of the cap is equal to the sum of two kinds of " rent" damages: unpaid rent and rent reserved. 11 U.S.C. § 502(b)(6)(A)-(B). Unpaid rent is defined as the rent due at the time of the bankruptcy petition or the property repossession or surrender--whichever is earlier--and is claimable in full. 11 U.S.C. § 502(b)(6)(B). Rent reserved is defined as the future rent for a fraction of the lease term after this date. 11 U.S.C. § 502(b)(6)(A); see, e.g., In re Connectix Corp., 372 B.R. 488, 493 (Bankr. N.D. Cal. 2007) (clarifying that rent reserved is defined as rent for a fraction of the lease's remaining time and not simply a fraction of the gross future rent). The formula for calculating rent reserved may vary according to the circumstances, but as relevant to this case, it amounts to the future rent for 15 percent of the remaining lease term.[2]
Page 817
See 11 U.S.C. § 502(b)(6)(A). Because unpaid rent and rent reserved together comprise the total claims cap, and because claims for " damages resulting from the termination of a lease of real property" are allowed " except to the extent" they exceed this cap, all other lease termination damages are effectively barred.[3] See, e.g., In re AB Liquidating Corp., 416 F.3d 961, 963 (9th Cir. 2005); In re Healthy Hut Inc., 506 B.R. 526, 531-32 (Bankr. D. Haw. 2014); In re Denali Family Servs., 506 B.R. 73, 80 (Bankr. D. Alaska 2014); In re Iron-Oak Supply Corp., 169 B.R. 414, 419-20 (Bankr. E.D. Cal. 1994). But since section 502(b)(6) only reaches claims arising out of lease termination, all damages collateral to lease termination are unaffected by the claims cap and may be claimed in full. See, e.g., In re El Toro Materials Co., Inc., 504 F.3d 978, 981 (9th Cir. 2007).
This latter distinction is at the heart of the dispute. In the bankruptcy proceedings, the Creditors argued that their pre-petition fees did not constitute lease termination damages. The Bankruptcy Court ruled in favor of the Creditors, holding that their claim for fees fell outside the section 502(b)(6) claims cap and allowing the fees in full. The Debtors argue that the fees are more accurately regarded as non-rent lease termination damages, which fall within the cap and are barred in full.
Non-rent damages potentially fall within the scope of section 502(b)(6). The claims cap amounts to the sum of unpaid rent and rent reserved, but it applies to the " claim of a lessor for damages resulting from the termination of a lease of real property." 11 U.S.C. § 502(b)(6). These are two distinct concepts. Lease termination may implicate not only past and future rent, but potentially non-rent damages as well. See, e.g., In re Brown, 398 B.R. 215, 218 (Bankr. N.D. Ohio 2008) (" Refitting costs . . . clearly fall within [the] category of non-rent claims. Other examples may include: repair costs, brokers' fees and taxes." ). The Debtors claim that the fees and costs are non-rent damages resulting from lease termination. Appellants' Am. Opening Br. 6; Appellants' Reply 2-3.
The Ninth Circuit's case law on section 502(b)(6) confirms that the claims cap applies to both rent and non-rent lease termination damages. In In re El Toro Materials, the Ninth Circuit considered whether tort claims for property damage were subject to the section 502(b)(6) claims cap where the tortious conduct also constituted breach of the lease. El Toro, 504 F.3d at 979. There, the debtor-tenants abandoned one million tons of mining waste on leased property. Id. The debtor-tenants then rejected their lease under section 365 of the Bankruptcy Code after petitioning for bankruptcy. El Toro, 504 F.3d at 979 n.1; see also 11 U.S.C. § 365(a). The Ninth Circuit Bankruptcy Appellate Panel (" B.A.P." ) concluded that the tort claims, as breaches of the lease, fell within the claims cap and were effectively barred based on In re McSheridan, which held that lease termination encompassed breaches of every covenant in a lease, even those causally unrelated to termination. El Toro, 504 F.3d at 981; In re McSheridan, 184 B.R. 91, 102 (B.A.P. 9th Cir. 1995) (" [T]he Panel does not believe that the damages for breach of covenants
Page 818
in this case is a separate claim from the termination damages in general." ).
On appeal, the Ninth Circuit held that this broad interpretation of the claims cap was inconsistent with the plain language of the statute, which specifically refers to damages " resulting from" lease termination. El Toro, 504 F.3d at 980 (" Saddleback's claims for waste, nuisance and trespass do not result from the rejection of the lease--they result from the pile of dirt allegedly left on the property." ). The Ninth Circuit also found this reading inconsistent with the purpose of the statute, which the court said was not to disfavor the claims of creditor-landlords as a class, but simply to restrict rent-based claims whose magnitude might otherwise displace competing creditors. El Toro, 504 F.3d at 980 (" [C]apping rent claims but allowing uncapped claims for collateral damage to the rented premises will . . . prevent[ ] a potentially overwhelming claim for lost rent from draining the estate, while putting landlords on equal footing with other creditors for their collateral claims." ). The Ninth Circuit therefore reversed the B.A.P. and overruled McSheridan " to the extent that McSheridan holds section 502(b)(6) to be a limit on tort claims other than those based on lost rent, rent-like payments or other damages directly arising from a tenant's failure to complete a lease term." Id. at 981-82 (emphasis added).
The Creditors view El Toro as supporting the proposition that section 502(b)(6) imposes a cap on rent reserved alone. Appellees' Br. 5-6. But the Ninth Circuit's holding in El Toro did not purport to eliminate the possibility that non-rent damages can result from lease termination, nor did it remove non-rent lease termination damages from the section 502(b)(6) cap. The Court merely effected a correction of controlling precedent by giving meaning to the plain language of the statute, which speaks of a causal relationship between lease termination and lease damages. El Toro, 504 F.3d at 980. Whereas the claims cap under McSheridan was all-encompassing, El Toro narrowed the scope of the claims cap to damages which, while not necessarily " rent," are at least causally related to lease termination in the same way as lost rent.[4]
Additionally, a test already exists for determining whether charges constitute rent reserved under section 502(b)(6), and this was not the test the Ninth Circuit used to define lease termination damages in El Toro. The rent reserved test was established in McSheridan, and El Toro did not overrule that portion of McSheridan. McSheridan, 184 B.R. at 99-100 (holding that charges do not qualify as rent reserved unless they are (i) designated as rent or as a tenant's obligation in the lease, (ii) related to the value of the property, and (iii) fixed, regular, or periodic charges). El Toro, on the other hand, provided its own " simple test" for lease termination damages: " Assuming all other conditions remain constant, would the landlord have the same claim against the tenant if the tenant were to assume the lease rather than rejecting it?" El Toro, 504 F.3d at 981. These are two distinct tests for two distinct concepts. Notably, the test for lease termination damages is broader than McSheridan 's test for rent
Page 819
reserved, and it encompasses the possibility of both rent and non-rent lease termination damages.
The B.A.P. has rejected attempts to use the test for rent reserved as a broader test for claims allowance under section 502(b)(6). In In re JSJF Corporation, the bankruptcy court disallowed a claim because it did not qualify as rent reserved under the three-part McSheridan test. In re JSJF Corp., 344 B.R. 94, 98, 101 (B.A.P. 9th Cir. 2006), aff'd and remanded, 277 F.App'x 718 (9th Cir. 2008). The B.A.P. reversed, holding that the bankruptcy court had misread McSheridan as not only defining rent reserved, but also establishing the test by which a creditor-landlord's claims are cognizable. Id. at 101. The B.A.P. explained, " a lessor may have an un-capped claim for something other than damages resulting from the termination of a lease." Id.
This brings us to the issue at hand. The parties agree that the Creditors' fees arising from the pre-petition arbitration constitute damages. Appellants' Am. Opening Br. 8; Appellant's Reply 1. They also agree that the fees are neither unpaid rent nor rent reserved, and are therefore non-rent damages. Appellees' Br. 7; Appellants' Reply 7-9. The pertinent question then is whether these non-rent damages " result[ ] from the termination of a lease of real property" under 11 U.S.C. § 502(b)(6) or are collateral to it.
A. El Toro provides the controlling test for lease termination damages, but it must be understood in context.
El Toro is the critical case to analyze in order to decide this issue. There, the Ninth Circuit announced what it called a " simple test" to determine the scope of the cap for lease termination damages following a post-petition rejection of the lease: " Assuming all other conditions remain constant, would the landlord have the same claim against the tenant if the tenant were to assume the lease rather than rejecting it?" El Toro, 504 F.3d at 981. The Ninth Circuit explained that the creditors' tort damages existed irrespective of the debtors' decision to assume or reject the unexpired lease in bankruptcy. Id. (" [H]ad El Toro accepted the lease and committed to finish its term[,] [t]he pile of dirt would still be allegedly trespassing on Saddleback's land and Saddleback still would have the same basis for its theories of nuisance, waste and breach of contract." ). Because the damages in El Toro were collateral to lease termination, the creditors' claim fell outside the section 502(b)(6) claims cap.
Both parties interpret this test in their favor. The Creditors argue that their entire fees claim results from breach of the lease rather than termination to place the fees outside the claims cap. Appellees' Br. 10. The Debtors argue that the Creditors' fees claim results entirely from lease termination and that all damages must therefore be subject to the claims cap. Appellants' Opening Br. 9-10; Appellants' Reply 11-12. Neither is wholly accurate, since fees for unpaid rent were equally available in a separate action on the contract or in a pre-termination action for unlawful detainer.
But there is a significant distinction between the circumstances in El Toro, which involved a post-petition rejection of a lease, and here, where the Debtors surrendered pre-petition after the adverse arbitration award. The " simple test" does not apply easily to a pre-petition award of fees because the damages have already been awarded as a result of Debtors' breach. In El Toro, the debtors had the option, pursuant to section 365(a) of the Bankruptcy Code,
Page 820
either to assume or to reject the lease. 11 U.S.C. § 365(a). The Ninth Circuit therefore framed its test as evaluating whether damages resulted " from the rejection of the lease." El Toro, 504 F.3d at 981 (emphasis added). This makes sense in the context of El Toro since by definition any damages arising after an unexpired lease is assumed could not be the consequence of lease termination. In other words, there could be no " claims based on lost rent, rent-like payments or other damages directly arising from a tenant's failure to complete a lease term." Id. at 982. Not so here, and the Debtors' argument is too facile as a result. They want to unring the bell by arguing hypothetically about what the Creditors would have done if only they had not terminated the lease and instead assumed the lease post-petition.
If the " simple test" in El Toro has any applicability, the Creditors have the better side of the argument. But in the pre-petition context, another portion of El Toro's reasoning, discussing other characteristics of collateral damages, is clearer and leads more readily to the correct result in this case:
The structure of the cap--measured as a fraction of the remaining term--suggests that damages other than those based on a loss of future rental income are not subject to the cap. It makes sense to cap damages for lost rental income based on the amount of expected rent: Landlords may have the ability to mitigate their damages by re-leasing or selling the premises, but will suffer injury in proportion to the value of their lost rent in the meantime. In contrast, collateral damages are likely to bear only a weak correlation to the amount of rent: A tenant may cause a lot of damage to a premises leased cheaply, or cause little damage to premises underlying an expensive leasehold.
One major purpose of bankruptcy law is to allow creditors to receive an aliquot share of the estate to settle their debts. Metering these collateral damages by the amount of the rent would be inconsistent with the goal of providing compensation to each creditor in proportion with what is owed. Landlords in future cases may have significant claims for both lost rental income and for breach of other provisions of the lease. To limit their recovery for collateral damages only to a portion of their lost rent would leave landlords in a materially worse position than other creditors. In contrast, capping rent claims but allowing uncapped claims for collateral damage to their rented premises will follow congressional intent by preventing a potentially overwhelming claim for lost rent from draining the estate, while putting landlords on equal footing with other creditors for their collateral claims. (footnotes omitted). Id. at 980.
Applying that analysis here, it is clear that the pre-petition fees and costs are collateral damages and are necessary to put landlords on equal footing with other creditors. The fees and costs bear only a weak correlation to the amount of rent owed. Debtors can choose when to file their bankruptcy petition, potentially obviating the need for litigation, and how aggressively to litigate (or as here, arbitrate) pre-petition lease obligations. To cap a landlord's claim to exclude fees and costs would put the landlord in a materially worse position than other creditors who obtained judgments because they were damaged by a debtor's conduct, particularly those who may have received attorney's fees awards in a different case. If the Debtors had filed their bankruptcy petition before litigation, there would be no pre-petition damages for litigating the breach. Their decision to wait until the conclusion of the arbitration to file their bankruptcy
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petition significantly impacted the landlord's damages. The arbitration panel determined that the fees were necessarily incurred, and awarded them pre-petition. Having chosen their strategy, the Debtors cannot avoid an award for the pre-petition fees.
The parties do not identify, and I could not find, a bankruptcy case regarding attorney's fees that is directly on point. The Creditors best case is In re MDC Systems, Inc., 488 B.R. 74, 80-81, 87, 94 (2013), a decision that allowed fees and costs arising from a pre-petition state court judgment against the debtor-tenant, in support of their argument that the fees at issue should not be capped. Appellees' Br. 8. But the bankruptcy court noted, unlike here, that " [t]he damages accrued while the Debtor was still obligated under the Lease prior to the surrender of the property in December 2007. In short, the debt for these attorney's fees arose independently from the Debtor's failure to complete its term (or the Lease's termination)." Id. On the other side, the Debtors rely primarily on In re Healthy Hut Inc., 506 B.R. 526 (Bankr. D. Haw. 2014), in which the court fully capped a claim for attorney's fees and broker's fees incurred post-termination. Appellants' Reply 9-10. But there was no pre- petition litigation award of fees there as a result of the debtors' breach. The Debtors identify no case where attorney's fees awarded by a court pre-petition for breach of the lease have been capped.
The Debtors also assert that section 502(b)(6) is not a cap on lease termination damages, but a cap limiting all damages arising from breach. Appellants' Opening Br. 6-7. The problems with the Debtors' interpretation are numerous. First, in eliminating lease termination from the statute, the Debtors would cap all damages resulting from breaches of covenants in the lease, effectively rehabilitating the overruled portion of McSheridan. Second, the Debtors would render El Toro 's test for lease rejection damages meaningless in situations where lease rejection was preceded by breach. Third, the Debtors would create a perverse incentive for debtor-tenants to reject otherwise beneficial leases in order to escape liability for the damages they would owe if the lease were assumed. See El Toro, 504 F.3d at 981 (" Interpreting the section 502(b)(6) cap to include damage collateral to the lease would also create a perverse incentive for tenants to reject their lease in bankruptcy . . . ." ). This view of section 502(b)(6) is erroneous.
The pre-petition award of attorney's fees and costs was collateral damages and not capped by Section 502(b)(6). The order of the Bankruptcy Court is AFFIRMED.
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liked it · Rating Details · 16 Ratings · 4 Reviews
Kansas-born Jess marries Paul and removes with him to the sultry paradise of Hawaii to challenge Paul's haunting past. All goes well until an act of disloyalty exposes Jess to the mythical beliefs of Hawaii, and she discovers the true weight of her husband's betrayal and heritage. The author weaves a chilling tale of old memories, secrets, and a clash of cultures--with an ...more
Paperback, 218 pages
Published December 1st 1961 by Ecco Press
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May 25, 2015 Lauri Saplad rated it really liked it
Shelves: hawaiian
This book was as amazing as it was disturbing. Ms. Spalding writes about some very taboo subjects, especially as a haole writing about the old Hawaiian culture. She seemed to be spot-on about the perception of haole by local people, especially in Kailua & particularly Lanikai. While many world cultures have tolerated, and in fact, encouraged incest as a way of keeping bloodlines "pure," it is shocking and wrong to our Christian & Western morality. To hear about it in recent times is ...more
Feb 13, 2008 Stacey rated it did not like it
Recommends it for: No one
This review has been hidden because it contains spoilers. To view it, click here.
Dec 03, 2013 Sharen rated it liked it
Linda Spalding has a way of grabbing the reader. Quite the story.
Linda Spalding, Kansas-born Canadian fiction and nonfiction writer, often explores world cultures and the clash between contemporary life and traditional beliefs. Born in Topeka, she lived in Mexico and Hawaii before moving to Toronto, Ontario in 1982.More about Linda Spalding...
Spalding's work has been honoured numerous times. Her non-fiction work, The Follow, was shortlisted for the Trillium Book Award and the Writers' Tr ...more
Spalding's work has been honoured numerous times. Her non-fiction work, The Follow, was shortlisted for the Trillium Book Award and the Writers' Tr ...more
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Note: Sample below may appear distorted but all corresponding word document files contain proper formattingExcerpt from Research Paper:
However, Nietzsche is keen to observe that the fact that there are varying standards of morality or different moralities does not mean that there is no form of biding morality. If this is the case therefore, then it is logical to argue that there are as well varying kinds of 'binding' originating from the varying moralities, for instance, the Christian binding cannot be deemed the same as the binding fronted by the Kantian philosophy on life. These two bindings have to be different it can be argued. Either of the Christian philosophies and moralities, or the Kantian moralities or any other out there cannot be said to be a universal phenomena but an evolution and a product of a specific circumstance meant to fulfill a given deficiency. The fact that they must have different 'bindings' also does not mean that they are therefore useless, indeed they are central for different people located at different places and possibly different times in life phases. The variance in the belief and the moralities that we hold is from what Nietzsche refers to as 'life itself' which is the valuation and giving preference to one thing or idea over the other, the discriminative aspect.
This philosopher was very concerned about the aspect of assigning a universal value to morality such that he considered it 'immoral' to assert that one standard should be used to measure morality. He asserts that the creation of positive value can only be derived from the 'pathos of distance' which is the long lasting feeling on the part of a 'higher ruling order' of its total superiority in relation to a 'lower' order, hence the idea of slave and master morality comes into play once more. Indeed it is the difference in the view and measure of morality that asserts the will of the master over the slaves hence creating the tension that exists between the two classes hence giving room for new morality to be created in a bid to reconcile the two classes and the existing differences. This then means that the aspect of slavery was not just a necessity as a tool to give pleasure to the upper class that were the masters to enable them produce their desired artifacts, but philosophically was a necessity in social-psychological aspect since it is only in a situation when the upper class has the lower class to look down upon and despise as inferior to themselves that the society is able to create positive values, that explains why the caste system was and still is existence and philosophically necessary as well.
On the perception of what is right or wrong, or good and the bad Nietzsche indicates that it is purely out of the inherent discrimination that exists within man. This involves man placing one thing as better or of value over the other. This then means that for man to have a positive discrimination of things, then there is need to have positive sense of self first and that, he says, can only exist in a society of 'rank-orders', where distance exists. Here therefore applies the objection that Nietzsche has against assigning a universal code to morality, he says this kind of approach tends to break down the rank-ordering that exists, and rightfully so, within the society. According to him, the rank-order dictates that there should be different codes of behavior or morality that governs members of a given rank to those that govern members of another rank. If this rank-order is destabilized, then the distance between the two ranks will be compromised and in effect, the ability to generate new positive values will diminish as well. This inability to generate new positive values is viewed as decadence and according to Nietzsche is the worst thing that can happen to a society. The health of a society in terms of morals depends on the continued ability to generate new positive values (Stanford Encyclopedia of Philosophy, 2010 ).
The other outstanding claim that Nietzsche makes concerns 'free will'. He asserts that there is nothing like 'free will' in the existence of man. However, the fact that he denies the existence of 'free will' does not mean that the will is unfree or is enslaved, but rather he claims that the pair, that is free and unfree will is a mere fiction of man and has not direct relationship or even practical application to 'the will'. The concept of 'free will' is seen here as an invention of the weak slaves who appropriated language to express their desires, which cannot be achieved as well. Nietzsche asserts that, in line with this argument, there is nothing like an 'agent' behind a given action, but just the action itself. For instance he gives an example that there is noting like 'it' rains but just raining itself. A person can be weaker or stronger but none of these implies that the person has the 'free choice' to be or not to be stronger or weaker. Therefore, he argues that the free will is used by the slaves in a quest to get power within and among themselves. The first thing is that the slaves use the free will to falsely upraise themselves by turning their weakness into the point and source of self-congratulation. Indeed, the slave is not aggressive or successful (as already noted above) due to the fact that they are weak but, with the free will, they have the fall back excuse to account for their lack of success or deficiency. They say they had a moral merit for not doing what they could have done to be aggressive. So, instead of accepting that they are weak and unable to do certain things, they claim that they are morally superior hence chose no to do it. The second thing is that the slaves use the free will to try and contain or confound the strong as much as possible. The argument of the slave is that, if they can successfully manage to fix their fictitious notion of free will in the thought trends of the strong, then, they shall have significantly improved their living conditions. This is bearing the fact that the strong will now think of the slaves as having free will hence the strong will start dropping some of their actions directed towards the slaves consequently making them less powerful than was before they believed in the free will of the slaves, a situation that is advantageous fro the slaves.
From this account of free will, Nietzsche therefore indicates that 'good' and 'evil' depends on the notion of the slaves about 'free will' and the same applies to the notions of 'guilt', 'remorse', 'sin' and such like. All these, he says are misinterpretations of the existing physiological conditions. For instance, he says guilt arises from the expectation that the person will suffer pain due to failure to discharge debts. This is a physiological condition which is a combination of the intrinsic fear and the need to direct aggression towards self.
Generally, Nietzsche rejects the assertion that there should be a prescription of morality and that this prescription should apply to all the people, and that the proper stand and evaluation should be such that everyone should in principle agree with the morality. He also emphasizes that the 'slave revolt' only produced 'reactive' values instead of new 'positive' values.
Philo G., (2011). The Basics of Nietzsche's Morality: Master and Slave Morality. Retrieved May 18, 2013 from http://voices.yahoo.com/the-basics-nietzsches-morality-7543272.html?cat=37
Raymond G., (2013). Nietzsche and Morality. Retrieved May 18, 2013 from http://onlinelibrary.wiley.com/doi/10.1111/1468-0378.00024/pdf
Roger C., 2008). Nietzsche and Morality. Retrieved May 18, 2013 from http://philosophynow.org/issues/70/Nietzsche_and_Morality
Stanford Encyclopedia of Philosophy, (2010 ). Nietzsche's Moral and Political Philosophy. Retrieved May 18, 2013 from http://plato.stanford.edu/entries/nietzsche-moral-political/[continue]
"Nietzsche And Morality Friedrich Nietzsche" (2013, May 20) Retrieved December 9, 2016, from http://www.paperdue.com/essay/nietzsche-and-morality-friedrich-90650
"Nietzsche And Morality Friedrich Nietzsche" 20 May 2013. Web.9 December. 2016. <http://www.paperdue.com/essay/nietzsche-and-morality-friedrich-90650>
"Nietzsche And Morality Friedrich Nietzsche", 20 May 2013, Accessed.9 December. 2016, http://www.paperdue.com/essay/nietzsche-and-morality-friedrich-90650
This is because he believes the people in the slave morality are suffering. He sees violation of their humanity. According to him, they do not have freedom and are weary. This perspective of Nietzsche concerning the slave morality is discouraging. This is because all human being should be free from oppression. Further, according to this description of slave morality it gives evidence that the people under it are miserable. Slave
"Slave morality is, for Nietzsche, clearly a decadent, unhealthy morality" and it is meant to relate to people putting across bitterness with regard to individuals controlling the social order. Slave morality is, in essence, focused on the well-being of humanity as a whole rather than just on the well-being of individuals in control. Nietzsche devised the concept of master morality as a means to provide the world with a more
C). These ideas were embryonic in nature laying the foundations of the modern Social Sciences. Republic was considered as a central piece of Western philosophy. Socrates challenged the pagan traditions and talked about some order in the society, however music and intoxication remained the central piece of that ideal life with a concept of providing temporary relief to the individual. The moral ideals were created through dialogue between mythos (Religion)
Together the two forms of morality combine to create the systems of morals and social balances which govern Christian nations all over the world. Along with slave morality being associated with the Christian religion, it is also closely related to Judaism as well. These two make up most of the religious beliefs of the Western world, and therefore were a major source of criticism for Nietzsche. He believed that all
Nietzsche's Morality Nietzsche Friedrich Nietzsche has been a leading mind regarding the concept of morality, which he attacks due to the subject of human nature. Morality is a matter subjected to two different aspects: "noble" or "master" morality, and "slave" morality. Here, the concept of "good" and "bad" become redefined value systems between the master and the slave. It is also in this idea of anti-morality that Nietzsche prescribes the parable of
In addition, the philosopher will approach the manner in which man achieves the understanding of the world. In his opinion, the knowledge which man generally has is not a pure one. On the contrary he will generally deal with appearances. He underlines that the value of a thing is generally not intrinsic nor universal. On the contrary people will consider a thing to be valuable or not depending on the
Philosophy In Die Welt als Wille und Vorstellung (The World as Will and Representation), German philosopher Arthur Schopenhauer presents his core philosophies. One of the themes in The World as Will and Representation is the function of the human will as providing the impetus for the manifest world and not just the means for understanding that world. In this way, Schopenhauer distinguishes himself from Kant and distances himself from the Kantian


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Supreme Court of New York, First Department
May 30, 2013
In re Michael Barrett, Petitioner-Respondent,v.New York City Housing Authority, Respondent-Appellant.
Kelly D. MacNeal, New York (Seth E. Kramer of counsel), for appellant.
Michael Barrett, respondent pro se.
Sweeny, J.P., Saxe, Moskowitz, Gische, Clark, JJ.
Order, Supreme Court, New York County (Emily Jane Goodman, J.), entered February 15, 2011, which denied respondent's cross motion to dismiss the petition, unanimously reversed, on the law, without costs, the cross motion granted, the petition denied, and the proceeding brought pursuant to CPLR article 78 dismissed.
The proceeding is barred by the statute of limitations since petitioner failed to file his petition within the time required by CPLR 217(1), namely, four months after respondent issued its final determination on December 16, 2009 (see Matter of Thornton v New York City Hous. Auth., 100 A.D.3d 556, 557 [1st Dept 2012]). This Court cannot extend the statute of limitations (see CPLR 201), nor does it have discretion to address the merits of petitioner's other arguments (Thornton at 557).
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The most authoritative and comprehensive calendar reference for teachers--revised annually to keep readers up-to-date! Offers unique facts, important holidays, and major anniversaries in a handy day-by-day calendar format. New to this edition is a blog that will feature content from the book, fresh ideas for incorporating information into curriculum, and occasional guest entries by some of our other authors on the teacher resource list.... Day in Kentucky, Aug 2 Disability Employment Awareness Month, Natl (Pres Proc), Oct 1 First School for Deaf: Anniv, Apr ... Apr 9 Easter Sunday, Apr 8 Easter Sundays Through the Year 2014, Apr 8 Holy Week, Apr 1 Orthodox Easter Sunday, ... TX), Nov 30 One Hundredth Day of School, Jan 27 Open House Day, Natl, Nov 14 Paraprofessional Appreciation Day, ... TN), Oct 18 School Boards Assn Annual Conf, Natl (Boston, MA), Apr 21 School Counseling Week, Natl, Feb 6 Schoolanbsp;...
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Beloit College names new VP for academic affairs
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Ann Davies, the Edwin F. Wilde, Jr. Distinguished Service Professor of Political Science at Beloit, was tapped for a two-year appointment in the position, effective June 1. The announcement was made April 27 by the college's new President-elect Scott Bierman.
"The college is extremely fortunate, and I am personally appreciative, that Prof. Davies is willing, even eager, to take on these responsibilities," Bierman said in a statement.
Davies will replace Lynn Franken, dean of the college since 2005, who has said she would step down at the end of the 2008-09 academic year to join the faculty in the English department.
A member of the college faculty since 1997, Davies has also served on a number of committees and task forces. She teaches courses in political theory and public law, and also serves as a pre-law advisor and contributor to the legal studies program. In 2005, she received the James R. Underkofler Excellence in Undergraduate Teaching Award. Davies was named the Wilde Professor in 2008, in recognition of her outstanding teaching, scholarship and service to Beloit College.
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RENTON, Wash. -- Quarterback Russell Wilson is the ninth player for the Seattle Seahawks to make ESPN.com's countdown of the top 100 offensive and defensive players, coming in at No. 26.
Wilson moved up 21 spots from his 2013 ranking, which one would expect after leading his team to a Super Bowl victory in only his second NFL season.
And he would garner a better ranking if not for the unfair perception by some people that he is only a game manager, sort of a point guard on the field who gets the ball to the right people and rarely makes a mistake.
Wilson certainly does those things, but he is also a pin-point accurate passer with a strong arm and is a dangerous runner who makes things happen with his ability to avoid pass-rushers.
ESPN Stats & Information shows Wilson was fourth in the NFL last season in yards per pass attempt at 8.3, and had the most scrambling yards at 434.
Few quarterbacks in NFL history has accomplished as much as Wilson in their first two seasons. His 24 victories are the most in league history for a quarterback's first two seasons. His .750 regular-season winning percentage (24-8) is second best among all active QBs. Only New England's Tom Brady is better with a .775 winning percentage (148-43).
Wilson is the fourth offensive Seahawk on the ESPN.com countdown, joining center Max Unger (84), offensive tackle Russell Okung (65) and receiver Percy Harvin (50).
The five defensive players listed so far are defensive tackle Brandon Mebane (94), outside linebacker Bruce Irvin (87), defensive end Cliff Avril (57), middle linebacker Bobby Wagner (41) and defensive end Michael Bennett (34).


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Supreme Court of New York, First Department
October 22, 2013
Pano Seretis, etc., Plaintiff-Appellant,v.Fashion Vault Corp. et al., Defendants-Respondents.
James W. Hyde, IV, Wells, for appellant.
Wachtel Missry LLP, New York (David Yeger of counsel), for respondents.
Gonzalez, P.J., Tom, Saxe, Manzanet-Daniels, Gische, JJ.
Order and judgment (one paper), Supreme Court, New York County (Sue Ann Hoahng, Special Referee), entered August 21, 2012 (as an order) and October 9, 2012 (as a judgment), dismissing plaintiff's claims, unanimously affirmed, without costs.
By the time of trial, the only remaining causes of action were the first, for an accounting; the second, alleging that defendant Frederick Margulies had converted and misappropriated nominal defendant Fashion Vault Corp.'s assets; the third, alleging that Margulies had breached his fiduciary duty to Fashion Vault; and the eighth, alleging that Margulies had breached the shareholders' agreement among plaintiff, Margulies, and Fashion Vault. The order of reference did not specify what the referee was to hear and determine; however, the parties agreed that it was the valuation of Fashion Vault's inventory and shares.
The complaint pleads the second and third causes of action as derivative claims. Furthermore, "allegations of... diversion of assets by officers or directors to their own enrichment, without more, plead a wrong to the corporation only, for which a shareholder may sue derivatively but not individually" (Abrams v Donati, 66 N.Y.2d 951, 953 [1985]).
The first cause of action seeks an accounting on behalf of both Fashion Vault and plaintiff individually. As a shareholder in a close corporation, plaintiff had the right to an accounting (see United Telecard Distrib. Corp. v Nunez, 90 A.D.3d 568, 569 [1st Dept 2011]). At trial Margulies produced the financial records of Fashion Vault and testified under oath regarding the disposition of the corporate assets, which fulfills defendants' obligation to account (see Malone v Sts Peter and Paul's Church Brooklyn, 64 NE 961 [1902]; Schreier v Mascola, 81 A.D.2d 909 [2nd Dept 1981]). Plaintiff's objections to the adequacy of the information provided were considered and rejected by the trial court, finding instead that the corporation's liabilities exceed its assets and that there was nothing to distribute to the shareholders (see e.g. Bartlett v Drew, 57 NY 587, 589 [1874]).
It is also true that plaintiff's eighth cause of action is an individual claim. However, contrary to the allegation of the complaint, Margulies' breach of the shareholders' agreement did not cause Fashion Vault's demise; rather, the corporation had financial problems from the beginning, when plaintiff was still involved in running it. Therefore, the court's error in implicitly classifying this cause of action as derivative is harmless.
We are not persuaded by plaintiff's contention that Margulies failed to meet his burden to come forward with evidence with respect to his disposition of Fashion Vault's assets. In response to plaintiff's evidence that Fashion Vault's inventory had a value of $1, 911, 788.33 at cost as of February 28, 2005, Margulies testified that inventory reports such as the one introduced by plaintiff did not reflect shrinkage, i.e., theft by employees and/or customers. Second, Margulies testified that he returned some inventory to Fashion Vault's vendors after February 28, 2005; his testimony was partially corroborated by a vendor and by documents. Third, Margulies testified that he caused some of Fashion Vault's inventory to be sold and that he used the proceeds from those sales to pay down Fashion Vault's debt to nonparty Valley National Bank; again, his testimony was partially corroborated by documentary evidence.
"[T]he decision of the fact-finding court should not be disturbed upon appeal unless it is obvious that the court's conclusions could not be reached under any fair interpretation of the evidence, especially when the findings of fact rest in large measure on considerations relating to the credibility of witnesses" (Thoreson v Penthouse Intl., 80 N.Y.2d 490, 495 [1992] [internal quotation marks omitted]).
Contrary to plaintiff's claim, the Special Referee's decision satisfies CPLR 4213(b) (see e.g. Marks v Macchiarola, 250 A.D.2d 499 [1st Dept 1998]).
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Title: Fifteen Shades of Gay (for Pay)
Author: T. Baggins
Cover artist: n/a
Publisher: Vodoo Lily Press
Amazon: Buy Link Fifteen Shades of Gay (For Pay)
Genre: Contemporary Romance
Length: 70000 words
Rating: 4.5 out of 5 stars
A guest review by Sirius
Summary: Great writing, closeted republican politician, male escort who thinks he is straight, but who is really and truly bisexual, one of the best female characters in this genre…and one of the least liked titles I have ever seen in this genre. Oh my.
Blurb :
Andrew Reynolds is determined to stay in New York City as long as his sister Marie, a cancer patient, needs him. But despite his good looks and talent, Andrew hasn't managed to find work as an actor. With his bank account empty and his credit cards maxed, Andrew needs money fast. Gay escorts make a nice living, but there's one problem–Andrew isn't gay.
Ever since his early teens, when Andrew's father shocked everyone by coming out, Andrew has been uncomfortable around gay men. Pretending to be gay will be the role of a lifetime. From male/male dates to erotic toys, spankings and more extreme play, Andrew must satisfy his clients without revealing his usual tastes.
Andrew's first date with closeted politician Cormac Donovan ends in disaster. Yet with each successive booking, the attraction between them grows. As Andrew struggles with unexpected new feelings, Cormac puts his senatorial career in danger. And what began as a way for Andrew to earn money becomes a one-way ticket to heartbreak–or lasting love.
If my summary did not make it clear, I extremely disliked the title of this book. It reflects the story pretty well, but if I had not seen the good reviews on Goodreads, I would have never picked it up, because I thought it was a parody of that book that must not be named. It is just my personal dislike – I do not want any book I like to have any association with that book :-). As I said, it definitely fits the story, but I thought that the writer who seemed to have such great writing skills (just look at that awesome blurb!) could have found another one which fitted the story too.
Fortunately the title is the only thing I really disliked about this book. The writing is vivid and engaging, both main characters have some pretty serious flaws and still the writer managed to make them likeable for this reader. The relationship between a closeted politician and a prostitute/escort is of course not a new set up in mm romance, but I thought that the book took the old trope and made it its own.
Both Andre and Cormac have flaws. I mean, I certainly never expected to like a closeted republican politician like Cormac – I could never blame any character or person in real life for being in the closet, but I certainly cannot stand hypocrites and boy, did Cormac look like one to me several times in the story. And I still loved him. I believed that he had a good heart, I got the reasons why he was so messed up and I believed that he wanted to do better.
In a sense Andrew was even more interesting to me. To tell you the truth I did not exactly expect to like him either, because "uncomfortable around gay men" according to the blurb IMO is the deeply understated characterization of how and what Andrew felt about gay men, something I also usually have no patience for in fiction or real life. Having said that, Andrew absolutely was not the character I expected him to be based on the blurb.
You know how often you read a book you think that character acts irrationally but your impression just does not match what the writer is trying to convey?
Well, I think in this book the writer conveyed the theme of the good person acting irrationally, explained why and made Andrew very sympathetic to me. I really loved Andrew and thought he and Cormac made a wonderful couple.
I also really loved Andrew's devotion and love of his sister Mari, who was a wonderful character, somebody I am not going to forget any time soon. The only thing I want to note is that the blurb states that Mari is a cancer patient and if you had a loved one battling cancer, consider the possibility that this book may upset you not because it was poorly handled, but because it was very realistically done IMO.
I am once again left with the thought that the good writer can make any plot trope, any character flaw (or almost any character flaw) shine for me. This book was just a joy to read and in the hands of lesser writer similar plot and characters could make me throw this book against the wall.
Sirius, thanks for sharing your experience with this book, I also skipped it because of the title and my dislike of THAT trilogy.
Now, that I read it, I'm very glad I did, it's an awesome read. I'm in zombie mode after staying up until 2AM to finish it, but it's worthy.
The sex scenes and the emotional part of the story are well interlaced, entertaining but also realistic.
Thanks Sirius – I was ready to skip the review based on the title of the book alone but then I read your summary and now I'm going to buy the book. I guess don't judge the book by its title as well as its cover!!
Perhaps add a comma to this phrase in the Summary? "male escort who thinks he is straight, but who is really and truly bisexual and one of the best female characters in this genre". Took me three read to realise that the best female character is not the male escort…
Sirius, I absolutely loved this book…and you're right, I didn't love the title so much, and I didn't read the other, but I'm thankful it wasn't a parody of that trilogy. I adored these characters not just Andrew and Cormac, but I also ended up liking Paresh (which I didn't think possible), I loved Marie and Andrew's parents and Hugh. It was such a great story.
Great review!
Thank you so much for reading and reviewing my book.
Thanks for this review, Sirius, which I completely agree with. I had not heard of this author or the book until I saw it listed here to be reviewed. I checked out the blurb, and it sounded so interesting that I took a chance and bought it right away.
The plot was much more involved than I expected, and I liked the author's writing style. But OMG, that title is the worst! I hope it doesn't deter too many readers from checking out the book!
I, too, loved this book and I really liked how wonderful the writing was. I couldn't believe I ended up liking these characters. Extremely complex MCs. I was prepared to hate them but ended up understanding their struggles.
As for Mari – 'nuff said – another complex character.
I read this book before you did and was debating reviewing it but as I mentioned to you I was too backlogged to do so soon. I agree with the rating. 🙂
I'm with you Sirius – that title reminds me too much of that other book. But based on your review I'm going to give it a shot. I love good writing and I've got to see how she handled "one of the best female characters in this genre". That would be a refreshing change! Thanks for the review. Great job!


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The Theme of Revenge in Shakespeare's Play Hamlet
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Pages: 1
Word Count: 779
Category: English
Sub-Category: English Literature
Topic: Shakespeare
Word Count: 779
Pages: 1
Revenge is defined as a desire to do harm in return for a wrong returning evil for evil vengeance Webster Dictionary Revenge is an extremely powerful tool which if not used properly can cause more detriment then benevolence In William Shakespeares Hamlet several of the characters are compelled to restore family honor by exacting vengeance Young Fortinbras reclaims his fathers lost honor by gaining territory Hamlet must avenge his fathers murder by killing Claudius and Laertes must avenge his father and his sister by exacting revenge upon Hamlet Each character is driven and controlled throughout the play by this desire and need for revenge Young Fortinbrass motive is to regain the land that his father has lost to Hamlets now deceased father Over the years Fortinbras has brewed up a plan to avenge his fathers death He has lived in Norway for many years undisturbed by the Danish Crown which has had its own problems in the past including the death of their king and the reelection of an incompetent know nothing king With Claudius the new King in power Norway is able to go on with their plans of reconquest of the lost territory Through this self-concerning attitude Shakespeare shows that internal conflict is the main force that compels the revenge in the three characters Fortinbras Laertes and Hamlet Fortinbras internal conflict is based on a nonviolent plan of revenge although if fighting is required he is more then prepared to take action In addition Fortinbras has to win back the honor for the Norwegian people Norway has been like a tributary state to Denmark ever since the battle of the two late Kings But do not be fooled Fortinbras is not the type of ruler who is all for the people by the people of the people On the contrary he is a determined all power to himself type of king who seeks to retake the land once lost by his father
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Date: 31 Dec 2016
You are invited to celebrate the arrival of the New Year in style at Whittlebury Hall's New Year's Eve Gala Ball, our most glamorous event of the year.
Start by enjoying our Heat and Ice Experiences on your day of arrival, before joining us for a Whittlebury Cream Tea from 3pm - 4.30pm.
Then get out your ball gowns, and suits, polish those shoes, and kick start your evening with Champagne and canapes in Bentleys from 7.15pm
As dinner is announced, a piper will play as you make your way to the Brooklands Suite to indulge in a delectable six courses. Don't miss the parade of beef!
After dinner you can enjoy the music from our live band, dance the night away and at midnight celebrate the arrival of the New Year.
Brunch will be served the following day in Aston's Restaurant from 8.30am - 12pm
The bar closes at 1.30am, with departures at 2am.
Just £229 per person*, includes bed and breakfast
Upgrade your overnight stay to also enjoy The Day Spa Heat and Ice Experiences, for just £29 per person*.
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Seating will be at party tables of 10 to 12.
Limited availability, so book your place now for the party night of the year, call us on 0845 400 1401*.
Alternatively Enquire Now using our online form.
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Six couples share how they make it work
How a fashion editor finally found her big boo in the Orange Is the New Black star.
For these two movie-loving travel junkies, dating on whims has helped to keep things fresh.
How two Broadway stars—one gay and deaf, the other straight and hearing—define friendship.
For this swedish couple, one wedding wasn't enough.
The Belgian duo behind the acclaimed productions Lazarus and A View From the Bridge work together to fuel—and contain—their creative flames.
How the musical collaborators became surrogate fathers to Ugandan youth


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Crew length boot socks in a stylish ragg-yarn are perfect for colder weather.
- Content: Combed Cotton, Polyester, Nylon, Spandex
- Sweat hard, wear cool, wash warm, tumble dry low. Repeat
Delivery and Returns
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Group Booking Terms and Conditions
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The remainder of the amount due will be charged to your credit card 1 week prior to arrival. Should numbers or room selection change, the per person deposit times the number of people who actually travelled will be deducted from the total accommodation charge levvied by the hostel.
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Cancellation without charge only five days in advance.
Any cancellations resulting from agreement to these terms and conditions under false pretences will result in loss of deposit.
General Group Booking Terms
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- In order to make a group reservation on Hostelworld.com it is necessary to pay a deposit. The balance is due directly to the hostel according to their payment conditions.
- The booking deposit is non-refundable.
- Please note that any cancellations must be notified directly to the hostel at least 24 hours in advance of your scheduled arrival date, unless otherwise stated in the hostel's conditions.
- Hostelworld.com are not responsible for changes or amendments to your reservation once it has been processed. All correspondence with regard to changes to your booking need to be dealt with directly with the hostel.
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"Dusit Zoo" Dusit Zoo Tip by SumTingWong
Dusit Zoo, Bangkok: 14 reviews and 44 photos
Dusit Zoo in Bangkok is a nice place to spend an afternoon. Here you can relax and see some of the world's most interesting animals. There is an awsome snake room at the zoo (although it costs about 20 baht extre to enter, well worth it). Dusit Zoo is also one of the only places in Thailand where you can still see a Tiger!
Address: Dusit, Bangkok
Directions: Near the Vinmanek Teak Palace
Phone: +66 2 281 2000
Website: http://www.zoothailand.org/
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MythTickle by Justin Thompson
- December 14, 2012
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Comments (15) (Please sign in to comment)
Put the knight before the slay, sorry, sleigh.
Merry Christmas to all, and to all, a good knight! (Good dragon, too.)
Aww…Looks like Boody's dad…
Love it every year, Justin!
And ever after, the Silent Knight was known as the Dragonsleigher.Oh, and has anyone noticed that there's Noel in Christmas? Didn't think so.
That looks like a tree from Bizzaro.
I'll never fergit the player who went to his coach with a "NOEL" Banner… and he said… Look Coach, It says LEON!
Would ya all please keep Justin in your thoughts and prayers on Monday at 1:00 he will be having a knee replacement. All prayers would be most appreciated by our whole family. God bless and a very Merry Christmas to all ;-)
Awesome artwork and poem as well big brother. Extra prayers coming your way for Monday. I'm sure I will talk to you before that, but if not good luck and wishes for a speedy recovery. Much love from Mom, Julie and myself ;:^)
I will.
We'll be with Justin in thought and prayer.
Absolutely, Tons of good karma coming his way.
Good Luck Justin. BTW, Did you ever have any interaction with the Freelancers Joust group. I ask because you had a picture of plate armor that looks just like an old friend's dress armor. Gene's based in TN now where he Pastors a Methodist Church in or around Gallatin. He travels the Renn Faire circuit a bit, and rides a Percheron named Jacques DeMolay. We were friends in the same youth group in neighboring states.
Heal quickly, don't overdo anything that may affect the knee. I think artificial knees have lifespans, but don't let it stop you from living.
ps: pain killers and alcohol are not advised, but I may have had some friends bring me champagne in the hospital one new year's eve (my birthday, I had hip plate replacement and bone and marrow transplant for Christmas) while on a iv morphine drip and after I starting feeling warm I was ready to use my iv tree for a scooter and start visiting other floors. Good friends, good times.
Previous post edited to correct an error. I knew better, and at least once corrected someone else for typing "Jason" when they meant "Justin".
Mea Culpa.
Merry Christmas and Happy Holidays to all
And Justin hope you have a swift and safe recovery best wishes to you and yours this holiday season
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Contact Suzuki Insurance:
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Suzuki Insurance is provided by Original Insurance Services Ltd, registered in England and Wales No. 05686831 at Batchworth House, Church Street, Rickmansworth, Hertfordshire, WD3 1JE and is authorised and regulated by the Financial Conduct Authority. It is underwritten by Allianz Insurance plc, registered in England No. 84638 at 57 Ladymead, Guildford, Surrey, GU1 1DB. Allianz Insurance plc is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority (Financial Services Register No. 121849).