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August 21, 2007
IN RE: JEAN LEONARD HARRIS, DEBTOR.JEAN LEONARD HARRIS, AN INDIVIDUAL, APPELLANT,v.SANDRA WITTMAN, AN INDIVIDUAL; JACK SWAIN, AN INDIVIDUAL; PYLE, SIMS, DUNCAN & STEVENSON, A PROFESSIONAL CORPORATION; GRANT AND ZEKO, A PROFESSIONAL CORPORATION; AND ) DOES 1 TO 10, INCLUSIVE, APPELLEES.
Bankruptcy No. 99-32841-B7
Bankruptcy Adversary No. 06-90289
The matter before the Court is the appeal of the Bankruptcy Court's dismissal of a breach-of-contract action originally filed in state court by Appellant Jean Leonard Harris.
I. Background
On July 26, 1999, Appellant Jean Leonard Harris filed a voluntary Petition for Bankruptcy under Chapter 7 of the United States Bankruptcy Code in United States Bankruptcy Court, Southern District of California, Case No. 99-32841-B7 ("Bankruptcy Case"). (Record on Appeal ("ROA") 779-80.) The Bankruptcy Case created an estate (the "Bankruptcy Estate") consisting of, among other things, all claims and causes of action against third parties. See 11 U.S.C. § 541.
Appellee Sandra Wittman was appointed Chapter 7 Interim Trustee on July 29, 1999. (ROA 782.) On March 21, 2000, Wittman filed a "Complaint for Turnover of Property; Avoidance of Fraudulent Conveyances; Avoidance of Liens; Avoidance of Preferential Transfers; Avoidance of Post-Petition Transfer; Conspiracy; Declaratory Relief; and Injunctive Relief" in Adversary Proceeding No. 00-90157 (the "Adversary Proceeding"). (ROA 821-46.) Among the Defendants in the Adversary Proceeding were Harris and his wife, Sandra Harris. (ROA 821-46, 898.) In the Adversary Proceeding Complaint, Wittman alleged that the transfer from Harris to his wife of, among other assets, Quatre Corporation stock,*fn1 and a business and related property known as "Alpine Personal Storage" (the "Alpine property"), was voidable and recoverable by the Bankruptcy Estate as a fraudulent transfer of property. (ROA 821-46.)
In July 2000, Wittman and Appellee Jack Swain, a creditor of the Bankruptcy Estate,*fn2 entered into an "Agreement for Use and Assignment of Interests and Prosecution of Claims" (the "Swain Agreement"). (ROA 852-69.) Under the Swain Agreement, Swain was to prosecute the Adversary Proceeding as the Special Representative of the Bankruptcy Estate, in exchange for which he would receive reimbursement of his costs and expenses, and would retain a percentage of the net recovery from the Adversary Proceeding. (ROA 855-56.) On July 14, 2000, Wittman filed a Motion of the Trustee to Assign Claims to Jack Swain as Special Representative. On November 6, 2000, the Court entered an order approving the assignment. (ROA 848-69.)
On November 19, 2002, the Bankruptcy Court advised the parties that it was granting Swain's motion for summary judgment. (ROA 895.) After the Court's ruling, the parties reached a settlement of the entire Adversary Proceeding. (ROA 897-907.) Appellees Pyle Sims Duncan & Stevenson, Peter Duncan, Grant & Zeko and Miles Grant signed the Stipulation for Settlement as the attorneys for Swain. (ROA 900.) The Stipulation for Settlement and the Settlement Agreement were approved by the Bankruptcy Court on January 8, 2003. (ROA 923-26.) Under the Stipulation for Settlement, Sandra Harris and/or Harris were required to transfer, inter alia, all outstanding shares of the Quatre Corporation, all outstanding shares of the Unicus Corporation, title to the Alpine property and a 1957 Mercedes-Benz automobile to the Bankruptcy Estate. (ROA at 901, 903.)
On May 2, 2003, Wittman filed a Motion for Sale of Personal Property under 11 U.S.C. Section 363(b), seeking Bankruptcy Court approval for the sale of the certain assets of the Bankruptcy Estate to Swain, including stock of Unicus Corporation and the 1957 Mercedes-Benz.*fn3 (ROA 938-49.) In an affidavit in support of the Motion, Wittman stated that it would be in the best interest of the Bankruptcy Estate to sell certain assets, including the Unicus Corporation stock and the Mercedes, to Swain in exchange for a waiver of claims and cash consideration. (ROA 951-56.) On May 16, 2006, Harris filed an opposition brief, arguing that the Motion "is forbidden by the clear terms of the November 19, 2002, Settlement Agreement," and the "Motion is a sham transaction wherein Swain has concocted imaginary consideration to steal away the assets of the bankruptcy estate." (ROA 961, 966.) On June 30, 2003, the Bankruptcy Court issued an Order Approving Trustee's Motion for Sale of Personal Property under 11 U.S.C. Section 363(b) (the "June 30 Order"). In the June 30 Order, the Bankruptcy Court approved the sale of the stock of Unicus Corporation to Swain, finding that Swain was a buyer in good faith pursuant to 11 U.S.C. § 363(m) and that the sale of the Unicus Corporation stock is retroactive, such that the Unicus stock was never part of the Bankruptcy Estate within the meaning of 11 U.S.C. § 541. (ROA 968-77.)
Harris appealed the June 30 Order to this Court. On October 22, 2003, this Court (Huff, Judge) dismissed the appeal, finding that Harris' appeal was moot because Harris had failed to seek a stay of the June 30 Order as required by 11 U.S.C. § 363(m). (ROA 995-98.) Harris argued that the sale of the Unicus stock was invalid and outside the protection of § 363(m) because Swain was not a good faith purchaser, specifically arguing that Swain did not pay value for the stock, and Swain and the trustee colluded to perpetrate a fraud on the Estate and the other creditors. (Id.) Judge Huff affirmed the Bankruptcy Court's factual findings that the sale was entered into without collusion, that the sale was in the best interest of the Estate, and that Swain was a good faith purchaser. (Id.) On February 28, 2005, the Ninth Circuit affirmed Judge Huff's dismissal of Harris' appeal of the June 30 Order. (ROA 1016-18.)
On May 2, 2006, Harris filed a complaint in the Superior Court for the County of San Diego, State of California (the "Complaint"), naming all Appellees as defendants. (ROA 47-63.) The Complaint included claims for relief for breach of contract, breach of fiduciary duty, fraud, negligent misrepresentation and constructive fraud. (Id.) Harris did not seek or obtain the permission of the Bankruptcy Court prior to filing the Complaint or at any time thereafter. (ROA 1247.) In the Complaint, Harris alleged: "Because the allegations herein are ultra vires to the duties of these Defendants to Plaintiff's bankruptcy Estate, not capable of being authorized by the bankruptcy court, and beyond the jurisdiction of the bankruptcy court to adjudicate, no prior approval of the bankruptcy court is needed to bring these allegations against these Defendants in this Court." (ROA 48.)
On May 15, 2006, Wittman removed the case from state court to the Bankruptcy Court as adversary proceeding No. 06-90289-PB7. (ROA 385-86.) On June 7, 2006, Harris filed a motion for remand. (ROA 106-16.) The Bankruptcy Court denied the motion on July 17, 2006. (ROA 1080.)
On June 12, 2006, Harris had filed a motion to withdraw the reference with this Court, seeking an order withdrawing the referral of the case to the Bankruptcy Court. On August 16, 2006, this Court (Moskowitz, Judge) ruled that federal subject matter jurisdiction existed, and denied Harris's motion for withdrawal of the reference. (ROA 1477-81.)
All Appellees filed motions to dismiss the Complaint under Federal Rule of Civil Procedure 12(b)(6), on the grounds that, inter alia: (1) the Complaint is barred due to the failure of Harris to seek approval of the Bankruptcy Court prior to filing it; and (2) each Appellee is entitled to derived quasi-judicial immunity as a result of the entry of the June 30 Order. (ROA 150-218, 1337-1356.)
On July 21, 2006, while the motions to dismiss were pending, Plaintiff filed a First Amended Complaint ("FAC"), which dismissed all claims for relief except for the breach of contract claim. (ROA 8-44.) The breach of contract claim remained unchanged from that in the original Complaint. Specifically, the FAC alleges that the Appellees breached the Settlement Agreement and the Stipulation for Settlement by "contriving" claims for fees and costs, and Appellees "then transferred the Alpine Property [i.e., the Unicus stock] to themselves, as consideration for assuming their contrived claims against [the Bankruptcy] Estate, and did so nunc pro tunc such that [the Bankruptcy] Estate never received any income from the Alpine property or any benefit from the settlement agreement." (ROA 13.)
Following oral argument on the motions to dismiss, the Bankruptcy Court issued orders dismissing the action with respect to each of the Appellees. In granting Wittman's Motion to Dismiss, the Bankruptcy Court made the following written conclusions of law:
1. This adversary proceeding is a core proceeding pursuant to 28 U.S.C. Section 157(b)(2)(A)(N) and (O). The statutory predicates for the relief requested in the Motion are Federal Rules of Bankruptcy Procedure Rule 7012 and Federal Rules of Civil Procedure Rule 12.
2. This Court has jurisdiction over this adversary proceeding pursuant to 28 U.S.C. 1334.
3. Wittman was the duly appointed trustee of the Bankruptcy Estate, and was authorized to pur[su]e the Adversary Proceeding and comply with the Order.
4. Plaintiff did not first seek leave from this appointing Court before suing Wittman, and no applicable exception allowing suit without such leave exists. Consequently, the Court lacks subject matter jurisdiction, and dismisses this action pursuant to Federal Rules of Bankruptcy Procedure Rule 7012 and Federal Rules of Civil Procedure Rule 12(b)(1) and 12(h)(3). In re Crown Vantage, Inc., 421 F.3d 963, 970 (9th Cir. 2005); In re Kashani, 190 B.R. 875, 885 (9th Cir. BAP 1995).
5. Wittman is entitled to derived quasi-judicial immunity as a result of her actions taken in connection with the sale of the stock of Unicus Corporation to Swain pursuant to the Order. As a result, the Complaint fails to state a claim for relief against Wittman and the Court dismisses this action on an alternative basis pursuant to Federal Rules of Bankruptcy Procedure Rule 7012 and Federal Rules of Civil Procedure Rule 12(b)(6).
(ROA 1281-82.) The Bankruptcy Court's orders granting the other motions to dismiss were based on the same grounds. (ROA 1240-48 (adding: "Under the Agreement, Swain was the agent of Wittman and the Bankruptcy Estate in pursuing the Adversary Proceeding and in complying with the Order. Under the Agreement, Movant was the agent of Swain in prosecuting the Adversary Proceeding and in complying with the Order."), 1275-92, 1429-30.) With respect to the law firms, the Bankruptcy Court also stated:
6. Movant was not a party to the Stipulation for Settlement or the Settlement Agreement. The Complaint's sole claim for relief, after amendment, is for breach of contract. As a result, the Complaint fails to state a claim for relief against Movant and the Court dismisses this action on an alternative basis pursuant to Federal Rules of Bankruptcy Procedure Rule 7012 and Federal Rules of Civil Procedure Rule 12(b)(6).
(ROA 1248; see also ROA 1291-92.)
On August 23, 2006, Harris filed a Notice of Appeal. (Doc. # 1.) On August 30, 2006, one of the Appellees elected to have this appeal heard by this Court. (Id.) After receiving briefing from the parties, the Court heard oral argument on May 10, 2007.
II. Discussion
A. Statutory Basis for Appeal
This appeal is taken pursuant to 28 U.S.C. § 158, which states: "The district courts of the United States shall have jurisdiction to hear appeals . . . from final judgments, orders, and decrees . . . of bankruptcy judges entered in cases and proceedings referred to the bankruptcy judges under section 157 of this title. An appeal under this subsection shall be taken only to the district court for the judicial district in which the bankruptcy judge is serving." 28 U.S.C. § 158(a).
B. Standard of Review
"Removal of a case from state court to federal court raises questions of federal subject matter jurisdiction which are reviewed de novo. The party seeking removal has the burden of establishing federal jurisdiction, and normally, the existence of federal jurisdiction on removal must be determined from the face of plaintiff's complaint." Westinghouse Elec. Corp. v. Newman & Holtzinger, P.C., 992 F.2d 932, 934 (9th Cir. 1993) (quotation and citations omitted). Also, this Court reviews de novo a bankruptcy court's decision to dismiss a complaint pursuant to Federal Rule of Bankruptcy Procedure 7012 and Federal Rule of Civil Procedure 12(b)(6). See In re Stoll, 252 B.R. 492, 495 (9th Cir. BAP 2000). "When considering a motion to dismiss for failure to state a claim, a court must take as true all allegations of material fact and construe them in a light most favorable to the nonmoving party." Id. (citation omitted); see also Livid Holdings, Ltd. v. Salomon Smith Barney, Inc., 416 F.3d 940, 946 (9th Cir. 2005). "On a motion to dismiss, [a court] may take judicial notice of matters of public record outside the pleadings." MGIC Indem. Corp. v. Weisman, 803 F.2d 500, 504 (9th Cir. 1986) (citations omitted); see also U.S. ex rel. Robinson Rancheria Citizens Council v. Borneo, Inc., 971 F.2d 244, 248 (9th Cir. 1992) (a court "may take notice of proceedings in other courts, both within and without the federal judicial system, if those proceedings have a direct relation to matters at issue").
C. Subject-Matter Jurisdiction
The Bankruptcy Court found that this action is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(A), (N) and (O), and that it had subject-matter jurisdiction over this case pursuant to 28 U.S.C. § 1334.
"[T]he district courts shall have original but not exclusive jurisdiction of all civil proceedings arising under title 11, or arising in or related to cases under title 11." 28 U.S.C. § 1334(b). "Congress used the phrase 'arising under title 11' to describe those proceedings that involve a cause of action created or determined by a statutory provision of title 11. . . . The meaning of 'arising in' proceedings is less clear, but seems to be a reference to those 'administrative' matters that arise only in bankruptcy cases. In other words, 'arising in' proceedings are those that are not based on any right expressly created by title 11, but nevertheless, would have no existence outside of the bankruptcy." In re Harris Pine Mills, 44 F.3d 1431, 1435 (9th Cir. 1995) (quoting In re Wood, 825 F.2d 90, 96-97 (5th Cir. 1987)). "If the proceeding does not invoke a substantive right created by the federal bankruptcy law and is one that could exist outside of bankruptcy it is not a core proceeding; it may be related to the bankruptcy because of its potential effect, but . . . it is an 'otherwise related' or non-core proceeding." Id. (quoting Wood, 825 F.2d at 97). "[C]laims that arise under or in Title 11 are deemed to be 'core' proceedings, while claims that are related to Title 11 are 'noncore' proceedings." Id. (citing Robertson v. Isomedix, Inc., 28 F.3d 965, 969 (9th Cir. 1994) ("Core proceedings are matters concerning the administration of the estate and rights created by title 11.")).*fn4
In Harris Pine Mills, the plaintiff sued the trustee and the trustee's agents in state court for fraud, negligence, and negligent misrepresentation relating to the plaintiff's purchase of a division of the corporate debtor. The trustee removed the action to state court, and plaintiff filed a motion for remand which the district court denied. The Ninth Circuit affirmed the district court's ruling that the plaintiff's post-petition claims were core proceedings subject to federal jurisdiction: "Plaintiffs' post-petition state law claims asserted against the bankruptcy trustee and his agents for conduct inextricably intertwined with the trustee's sale of property belonging to the bankruptcy estate involved a core proceeding subject to federal jurisdiction." Id. at 1438. In so holding, the Ninth Circuit noted that "the clear majority of decisions from other courts that have touched on this issue hold that post petition state law claims asserted by or against a trustee in bankruptcy or the trustee's agents for conduct arising out of the sale of property belonging to the bankruptcy estate qualify as core proceedings." Id. at 1437.
Similarly, Harris' breach of contract claim in the FAC arises at least in part from the sale of the Unicus stock.*fn5 (ROA 13.) As in Harris Pine Mills, Harris' post-petition state-law breach of contract claim is asserted against the bankruptcy trustee and her agents for conduct inextricably intertwined with the sale of property belonging to the Bankruptcy Estate. Therefore, this action is a core proceeding subject to federal jurisdiction. See In re Harris Pine Mills, 44 F.3d at 1438; cf. 28 U.S.C. § 157(b)(2)(N) ("Core proceedings include, but are not limited to . . . orders approving the sale of property. . . .").
Harris disputes that federal jurisdiction exists. He argues that the Bankruptcy Court did not retain jurisdiction over the Settlement Agreement, and therefore the Bankruptcy Court had no jurisdiction over his state law claim that the Appellees breached the Settlement Agreement. He relies upon In re Valdez Fisheries Development Association, 439 F.3d 545 (9th Cir. 2006) in support of his argument. Valdez Fisheries involved a lawsuit between creditors, which involved interpretation of a settlement agreement between the debtor and one of the creditors. The Ninth Circuit did not address the issue of core jurisdiction, but held that no "related to" jurisdiction or ancillary jurisdiction existed, in part because the bankruptcy court did not retain jurisdiction over the settlement agreement. See id. at 547-50 (citing, inter alia, Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 379-82 (1994)). At minimum, Valdez Fisheries is inapposite because it did not involve a trustee and/or a trustee's representative(s) being sued in state court. As the Ninth Circuit earlier noted in Harris Pine Mills: "Most cases involving claims against bankruptcy trustees sued in state court appear to have resulted in the trustees' successful removal of the actions to federal district court. Cases finding state law claims to be noncore proceedings, however, do not involve trustees as defendants." Harris Pine Mills, 44 F.3d at 1437 n.10 (citations omitted).
This action is a core proceeding for the additional reasons that (1) the FAC alleges that absent the alleged misconduct by Appellees, there would have been more assets available to the Bankruptcy Estate (ROA 12-14), and (2) the FAC alleges that the Appellees' "contrived claims . . . were for pre-trial commissions, before and after trial attorney fees, pretrial costs, witness fees, recovery costs, pretrial and post trial associate counsel costs and trustee fees" (ROA 12-13). As stated by Judge Moskowitz when denying Harris' motion for withdrawal of the reference to the Bankruptcy Court:
I agree with [Bankruptcy Court] Judge Bowie . . . where Judge Bowie found under 1334 that there was jurisdiction. . . .
And I also agree that this was a core matter, under three provisions. Under 28 U.S.C. Section [157(b)(2)(A)] because it involves . . . matters concerning the administration of the estate; and two, it involves legal fees that lawyers would otherwise have to apply to get approval of from the bankruptcy estate, and also the rights and liabilities and duties of the bankruptcy trustee.
Also under [§ 157(b)(2)(E)], orders the turnover of property to the estate. That is essentially what this is . . . an order that they shall receive the real property. The parties made it into an order by having Judge Bowie so order the settlement. And then, finally, [§ 157(b)(2)(O)] which has been known as the catch-all provision, 'other proceedings affecting the liquidation of the assets of the estate.' (ROA 1477-78.)*fn6
Similarly, the Bankruptcy Appellate Panel ("BAP") for the Ninth Circuit held in Honigman, Miller, Schwartz & Cohn v. Weitzman (In re DeLorean Motor Co.), 155 B.R. 521 (9th Cir. BAP 1993) that state law claims against a trustee and the trustee's attorneys constituted a core proceeding subject to federal jurisdiction. In Honigman, the trustee in bankruptcy filed suit against John DeLorean and his attorney, Howard Weitzman, alleging a fraudulent transfer involving millions of dollars from DeLorean to Weitzman. DeLorean and the trustee settled their dispute and the trial court later ruled in favor of Weitzman in the trustee's lawsuit. Weitzman then brought a malicious prosecution action in state court against the trustee and the attorneys retained by the trustee to litigate the fraud action. The BAP stated: "Although the Weitzman action asserts a state law claim, as the functional equivalent of an action against the trustee, it is inextricably tied to the determination of an administrative claim against the estate and is similarly tied to questions concerning the proper administration of the estate. For these reasons, we determine that Weitzman's action against Schade and the Honigman defendants is within the scope of 28 U.S.C. § 1334(b) and a core proceeding within the scope of 28 U.S.C. § 157(b)." Honigman, Miller, Schwartz & Cohn, 155 B.R. at 525. As in Honigman, Harris' state law claim against the Appellees is "the functional equivalent of an action against the trustee," and "is . . . tied to questions concerning the proper administration of the estate." Id.
The Court finds that the Bankruptcy Court properly determined that subject-matter jurisdiction exists pursuant to 28 U.S.C. § 1334(b), and that this case is a core proceeding under 28 U.S.C. § 157(b).
D. Barton Doctrine
The Bankruptcy Court dismissed Harris' action because "Plaintiff did not first seek leave from this appointing Court before suing Wittman, and no applicable exception allowing suit without such leave exists." (ROA 1282.) This was an application of the "Barton doctrine,"*fn7 which, as applied by the Ninth Circuit, provides: "[A] party must first obtain leave of the bankruptcy court before it initiates an action in another forum against a bankruptcy trustee or other officer appointed by the bankruptcy court for acts done in the officer's official capacity." In re Crown Vantage, Inc., 421 F.3d 963, 970 (9th Cir. 2005) (citing, inter alia, In re Kashani, 190 B.R. 875, 883-85 (9th Cir. BAP 1995)). "The essence of the Barton doctrine is that parties may not commence or maintain unauthorized litigation. The only appropriate remedy, therefore, is to order cessation of the improper action." Id. at 976. The protection afforded by the Barton doctrine extends to others appointed by the bankruptcy court, including the trustee's counsel. See In re Balboa Improvements, Ltd., 99 B.R. 966, 970 (9th Cir. BAP 1989); see also In re DeLorean Motor Co., 991 F.2d 1236, 1240-1241 (6th Cir. 1993) ("We hold, as a matter of law, counsel for trustee, court appointed officers who represent the estate, are the functional equivalent of a trustee, where as here, they act at the direction of the trustee and for the purpose of administering the estate or protecting its assets. . . . The protection that the leave requirement affords the Trustee and the estate would be meaningless if it could be avoided by simply suing the Trustee's attorneys. Therefore, leave of the Bankruptcy Court must be granted before a suit may be brought against counsel for trustee, in their capacity as counsel for trustee, since such suit is essentially a suit against the trustee.").
It is undisputed that Harris failed to obtain leave of the Bankruptcy Court prior to suing Appellees. Harris argues that his failure to obtain leave is excused by the exceptions to the Barton doctrine.
There are two exceptions to the Barton doctrine. First, leave of the bankruptcy court is not required "when a trustee acts in excess of his authority and is sued in a state court for such acts." Leonard v. Vrooman, 383 F.2d 556, 560 (9th Cir. 1967) (holding that "a trustee wrongfully possessing property which is not an asset of the estate may be sued for damages arising out of his illegal occupation in a state court without leave of his appointing court"); see also In re Balboa Improvements, Ltd., 99 B.R. at 970. Here, the settlement and subsequent sale of the property at issue in the FAC was expressly approved by the Bankruptcy Court. (ROA 968-70 (order approving sale of the Unicus Corporation stock), 935-36 (order approving sale of the Mercedes Benz automobile).) The Bankruptcy Court expressly found that Swain's purchase of the Unicus Corporation stock was in "good faith," within the meaning of 11 U.S.C. § 363(m). (ROA 969.) This finding was affirmed by both this Court and the Ninth Circuit. (ROA 995-98, 1016-18.) Inherent in the Bankruptcy Court's orders is that the sale and the fees associated with the sale--which were disclosed to the Bankruptcy Court (ROA 938-49, 951-56)--were within the scope of the trustee's authority. See In re Martin, 287 B.R. 423, 435 (Bankr. E.D. Ark. 2003) (holding that "[b]ecause the Court approved the settlement reached by the Trustee, and the order approving the settlement has been upheld repeatedly despite Debtor's numerous collateral attacks," "[t]he Court finds that the acts complained of are in fact within the scope of the Trustee's authority, and as such, leave is required for Debtor or her parents to sue the Trustee or his attorney in another forum"). If, in circumstances such as are present here, a party could evade the requirements of the Barton doctrine simply by alleging that the trustee and/or her agents acted outside the trustee's authority, then the exception would swallow the rule.
The second exception to the Barton doctrine is codified in 28 U.S.C. § 959, which provides in part: "Trustees . . . may be sued, without leave of the court appointing them, with respect to any of their acts of transactions in carrying on business connected with such property." 28 U.S.C. § 959(a). As explained by the Ninth Circuit:
By its terms, this limited exception applies only if the trustee or other officer is actually operating the business, and only to acts or transactions in conducting the debtor's business in the ordinary sense of the words or in pursuing that business as an operating enterprise. Section 959(a) does not apply to suits against trustees for administering or liquidating the bankruptcy estate. Actions taken in the mere continuous administration of property under order of the court do not constitute an 'act' or 'transaction' in carrying on business connected with the estate.
In re Crown Vantage, Inc., 421 F.3d at 971-72 (quotations omitted) (noting that "[t]he few examples of suits that have been allowed under § 959(a) include a wrongful death action filed against an operating railroad trustee and suits for wrongful use of another's property"); see also In re DeLorean Motor Co., 991 F.2d at 1241 ("This exception does not apply to suits against the trustee for actions taken while administering the estate. Merely collecting, taking steps to preserve, and/or holding assets, as well as other aspects of administering and liquidating the estate, do not constitute 'carrying on business' as that term has been judicially interpreted.") (citation omitted); In re Balboa Improvements, 99 B.R. at 970 ("This section was intended to permit actions redressing torts committed in furtherance of the debtor's business. However, this section was not intended to apply to a breach of a fiduciary duty in the administration of a bankruptcy estate. The bankruptcy court is responsible for resolving issues affecting the administration of the estate.").
In the FAC, Harris alleges that "Wittman failed to perform her obligations to receive and carry on the storage and related businesses associated with the Alpine Property, and do so in at least the same manner as [Harris] would have so managed for the benefit of the remaining creditors and for himself, all as required by the Settlement Agreement, the Mutual Release, California Law and 28 U.S.C. § 959." (ROA 14.) Harris further alleges that Appellees "transferred the Alpine Property to themselves . . . and did so nunc pro tunc such that [Harris]' Estate never received any income from the Alpine Property . . . . [Appellees] then immediately sold [Harris]' assets for approximately $3,500,000 and distributed the profit among themselves." (ROA 13 (emphasis added).)
The allegations of the FAC do not support the contention that the suit is based upon the Appellees' "acts of transactions in carrying on business connected with [the Alpine] property."
28 U.S.C. § 959(a). In deciding whether "the facts and the remedy sought by the Appellant fall within the narrow parameters of § 959(a) and outside the jurisdiction of the bankruptcy court over the administration of the estate," the Court focuses on "the main purpose of the suit." In re Balboa Improvements, 99 B.R. at 970. The main purpose of Harris' suit is to seek damages caused by Appellees' alleged misconduct in the administration the Bankruptcy Estate, especially, Appellees' failure to transfer the property at issue to the Bankruptcy Estate. (ROA 8-15.) The alleged breach of contract was not premised on an act or transaction of Appellees in carrying on the business at the Alpine property. Therefore, § 959(a) is not applicable.
This Court affirms the Bankruptcy Court's dismissal of Harris' action because "Plaintiff did not first seek leave from this appointing Court before suing Wittman, and no applicable exception allowing suit without such leave exists." (ROA 1282.)
E. Immunity
The Bankruptcy Court dismissed Harris' action on the alternate grounds that Appellees are entitled to derived quasi-judicial immunity from Harris' suit. (See, e.g., ROA 1281-82.)
"The Trustee is immune for actions that are functionally comparable to those of judges, i.e., those functions that involve discretionary judgment." In re Castillo, 297 F.3d 940, 947 (9th Cir. 2002) (citing Antoine v. Byers & Anderson, Inc., 508 U.S. 429, 436 (1993)). "Although, like the common-law bankruptcy judicial officers, the trustee is charged with many legal, adjudicative, clerical, financial, administrative, and business functions, quasi-judicial immunity attaches to only those functions essential to the authoritative adjudication of private rights to the bankruptcy estate. Therefore we must examine the particular function here at issue." Id. at 951 (holding that a bankruptcy trustee is entitled to quasi-judicial immunity for both scheduling and noticing the confirmation hearing because "the scheduling and giving of notice of hearings are part of the judicial function of managing the bankruptcy court's docket in the resolution of disputes. This function is unquestionably discretionary in nature."); cf. Antoine, 508 U.S. at 432-36 (holding that a court reporter who was required to record court proceedings verbatim could not claim judicial immunity because his duties were not discretionary). "This protection [afforded by the immunity doctrine] extends to other bankruptcy court appointees, including counsel for the trustee." In re Bay Area Material Handling, Inc., 1995 WL 747954, at *5 (N.D. Cal., Dec. 6,1995) (citing Smallwood v. United States, 358 F. Supp. 398, 404 (E.D. Mo. 1973), aff'd mem., 486 F.2d 1407 (8th Cir. 1973)).
The allegations in the FAC concern the trustee and the trustee's agents performing the following functions: entering into the Settlement Agreement, transferring and selling assets of the Estate, and making claims for fees and costs. (ROA 10-14.) These functions are "essential to the authoritative adjudication of private rights to the bankruptcy estate." In re Castillo, 297 F.3d at 951 ("[Q]uasi-judicial immunity attaches to only those functions essential to the authoritative adjudication of private rights to the bankruptcy estate."). Therefore, the Appellees are entitled to quasi-judicial immunity from Harris' suit.
This conclusion is bolstered by the fact that, as set out above, Wittman and Swain obtained Bankruptcy Court approval for the settlement as well as the disposition of the assets at issue in the FAC, after disclosure to the Bankruptcy Court of, inter alia, the alleged "contrived claims" for fees and costs (ROA 938-49, 951-56). See In re Jacksen, 105 B.R. 542, 545 (9th Cir. BAP 1989) ("[A] trustee, who obtains court approval for actions under the supervision of the bankruptcy judge, is entitled to derived immunity.") (citations omitted).
The Bankruptcy Court's dismissal of Harris' suit is affirmed on the alternate basis of quasi-judicial immunity.
III. Conclusion
For the foregoing reasons, this Court AFFIRMS the orders of the Bankruptcy Court dismissing Harris' suit. The Clerk of the Court shall enter Judgment in favor of Appellees and against Appellant.
WILLIAM Q. HAYES United States District Judge
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06-10-2002, 06:16 PM #1WHT Addict
- Join Date
- Sep 2001
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- New York, NY
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DelhiNet Experience and GP himself
Greetings all. I would like to ask if anyone have bad experience working with DelhiNet as a business partner and as contractor for this guy.
Reason I asked is that he apparently have a personal vendetta against me because he was not happy with me after I applied withdrawal of services on him after he haven't paid the dues that is owned to me. Note.. I have worked for him for nearly 2 years and it just went downhill since then. Here is the copy of the discussion I have with him and his attitude of late now. It shows how much maturity he have toward other people in the business.
Elik: Plus realize this: I offered to work with you to resolve your problem and you just kept silence and going around threatening things. Just realize that what I have done is called withdrawal of services on you til you are forced to pay for the services since you have went behind my back and not talk to me in good faith. I told you what is owned to me and once it is settled, then everything can be put away. But no..you don't want to. So... the ball is in your court and like I said... I have evrything to put everything to put on your server to be back up and running in 5 minutes. Just you kept quiet and not said anything. So...who fault is it? Not me.
Elik: So..no response so far?
Elik: Gee GP...you still runs away as usual.
Elik: You really don't want to settle this like a honest person. Ed and few others are totally right about you. Shame that you have to have your history aired out as it is.
Elik: Really...you think you got a case against me? GP...don't really make me laugh.
Elik: GP.. I gotta admit. You really made me laugh when you say that you going to go after me by legal counsel. I gotta say...you are full of sh*t. You are full of hot air, since you don't want to talk to me at all.
Elik: Hey GP...you really got bad credability by attacking me every time I post something for my own uses. So..why don't you just get on with your life?
Elik: Laugh...you are such a wimp boy. It shows how much crediablity you got.
Elik: Since you go running away everytime I say something to you. Have fun.
gpsdnet: FO
Elik: Laugh....such words. You really got brains of a 7 year old kid who knows how to say that is all.
Elik: I really pity you.
gpsdnet: haha
gpsdnet: Fraud
gpsdnet: I will make life hell for you
Elik: Hardly....You owes me money..so.
gpsdnet: will not allow you to get a job anywhere
gpsdnet: you have our $5000 you sucker
Elik: GP.. it shows how much of a kid you are when you are acting like this.
gpsdnet: and our server
gpsdnet: and we will make your life hell
Elik: Nope....You owes me money..so that server becomes my property as payment against the dues owes me.
gpsdnet: piss off
Elik: Heh...Have fun. It shows how much maturity you got.
As for that comment about the $5000, he is very wrong on this. He submitted the money to have 2 servers built for this purpose. One server have already been built and delivered to the facility which it have been placed into use and the other one, which is a dual processor server. That server wasn't delivered for a while due to shipping problems with parts and replacements. Once I finally got it all taken care of, the business relationship have been broken by his breaking of the contract and not paying the 2 months of services that I have provided him. So I kept the server as payment against the outstanding dues and as colleratial.
So...I have to say, he really need to learn that there is right way and wrong way. He is going for the wrong way by trying to interfer into my business of bidding for contracts and such and he try his damnest to ruin my reputation here. I really feel sad for this fellow since he won't want to deal with this and settle it and put it behind him.
So...does anyone have that simliar situation and if you did, how do you resolve this? Since I want this idiot out of my life and have him shut up once and for all.


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Weekly wire: The global forum
These are some of the views and reports relevant to our readers that caught our attention this week.The 2015-16 Alliance for Affordable Internet Affordability Report
Alliance for Affordable Internet
Everyone should have access to the Internet. So concluded the 193 member states of the United Nations when they agreed on a new set of Sustainable Development Goals (SDGs) in September 2015. Underscoring the potential of the Internet to contribute to global development and empowerment, SDG target 9c calls for universal and affordable access in the world's least developed countries by 2020. Reaching this goal will require bold and immediate action. On our current trajectory, A4AI predicts that we'll only hit this target in 2042 — 22 years after the target date set by the global community. Without urgent reform, in 2020 we will see just 16% of people in the world's poorest countries, and 53% of the world as a whole, connected. We won't just miss the target, we'll miss by a mile.
The Future of Jobs: Employment, Skills and Workforce Strategy for the Fourth Industrial Revolution
World Economic Forum
Today, we are at the beginning of a Fourth Industrial Revolution. Developments in genetics, artificial intelligence, robotics, nanotechnology, 3D printing and biotechnology, to name just a few, are all building on and amplifying one another. This will lay the foundation for a revolution more comprehensive and all-encompassing than anything we have ever seen. Smart systems—homes, factories, farms, grids or cities—will help tackle problems ranging from supply chain management to climate change. The rise of the sharing economy will allow people to monetize everything from their empty house to their car. While the impending change holds great promise, the patterns of consumption, production and employment created by it also pose major challenges requiring proactive adaptation by corporations, governments and individuals. Concurrent to the technological revolution are a set of broader socio-economic, geopolitical and demographic drivers of change, each interacting in multiple directions and intensifying one another.
Weekly Wire: The Global Forum
5 Best Practices for Using Technology in Disaster Response
The Institute for Technology and Social Change
Working in humanitarian aid and disaster relief across several countries, I first joined the TechChange community as a student in the Tech Tools and Skills for Emergency Management online course in January 2012, and will soon be guiding discussions as a facilitator for the next round of the course that begins March 17, 2014. Since TechChange has offered this emergency management course six times since 2011, I've enjoyed stepping up my participation from student, to guest speaker, tech simulation demonstrator, to now a facilitator.In my opinion, disaster management is a field where nobody is really an expert in that different people have varied areas of expertise. A facilitated TechChange course like TC103 is an opportunity to get people of different backgrounds together, which is especially valuable in a field like disaster management, which evolves so quickly and can be tough to keep track of. Here are five lessons I have learned over the course of seven years of working in disaster response across Haiti, Liberia, Myanmar, Mali, and most recently the Philippines
The Guardian
Up to a billion people will remain in extreme poverty by 2030 unless countries focus on inequalities and confront social, economic and cultural forces that block their escape or pull them back into impoverishment, a major report warns. The report (pdf) by the Chronic Poverty Advisory Network (CPAN) asserts that many people may rise above the poverty line of $1.25 a day, only to tumble back when they are hit by a combination or sequence of shocks such as drought, illness and insecurity or conflict.
#2 from 2013: Challenges for India's Livelihood Youth Skill Development in Rural Areas
Our Top Ten blog posts by readership in 2013
This post was originally published on July 2, 2013
A critical element in India's 12th Five Year Plan (2012-2017) is the generation of productive and gainful employment on a sufficient scale. The aim of such planning is to systematically absorb the growing working population in the unorganized sector of an expanding economy. This sector contributes about sixty percent of the country's GDP. Infact, it employs workers in micro enterprises, unpaid family work, casual labor and home based work on a mammoth scale. In addition, it also absorbs migrant laborers, farmers, artisans and more importantly out of school rural youth.
In the last decade, the Indian economy has witnessed a structural transformation from agricultural activities to manufacturing and services oriented activities. A distinct feature of this transition has been a substantial decline in the absolute number of people employed in agriculture. However, according to the Planning Commission, a crucial factor in the migration of the labor force from rural to urban areas is its temporary nature and occurrence only in lean agricultural seasons. Besides, this large chunk of labor force is not available to participate in the manufacturing or the services oriented activities due to severe lack of appropriate skill sets. According to the Commission, the latter reflects rural distress, driven by the fact, that more than eighty percent of India's farming households are small and marginal, tilling only less than 2.5 acres of land.
Employment and Participation in South Asia: Challenges for Productive Absorption
It's a formidable task to describe the labor market in South Asia. The region's eight countries vary widely in size, ranging from less than one million people each in Bhutan and Maldives to 1.2 billion people- about three quarters of South Asia's population- in India. There is also diversity in stages of development, economic structures, social and cultural features. On the whole the economies of the eight countries in the region are essentially rural as well as agricultural and still unable to capture informal production activities of many individuals.
South Asian countries will add 1 million to 1.2 million new entrants to the labor force every month for the next two decades. They will further contribute about 40 percent of the total new entrants to the global working age (15-64) population. It goes without saying that creation of productive jobs (with jobs defined to include all wage work and self employment) will be the most dependable way out of extreme poverty for the South Asian region that is home to more than forty percent of the world's absolute poor. According to an United Nations survey, the region's current population of 1.65 billion will increase 25 percent by 2030 and 40 percent by 2050. Given the regions' demographic dividend in terms of a youthful population, the working age population is projected to increase even more – 35 percent by 2030 and by 50 percent by 2050.
Among the five of the large countries in the region, employment growth since 2000 was highest in Pakistan followed by Nepal, Bangladesh, India and Sri Lanka. The total employment in South Asia (excluding Afghanistan and Bhutan) rose from 473 million in 2000 to 568 million in 2010, creating an average of just under 800,000 new jobs a month. Besides, in all countries except Maldives and Sri Lanka, the largest share of the employed are the low end self –employed (involved in small scale enterprises with no more than five workers/family enterprise workers). Nearly a third of workers in India and a fifth of workers in Bangladesh and Pakistan are casual laborers (who incidentally have the highest poverty rates). Regular wage or salaried workers represent a fifth or less of the total employment. In the region as a whole, 55 percent of the 1.04 billion working age population is employed.
Thus, with over 490 million young people aspiring to join the work force in the region, there is a dire need to identify major challenges and put in place effective policies that can enable productive absorption of the young in high quality jobs.


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I cannot endure to waste anything so precious as autumnal sunshine by staying in the house. -Nathaniel Hawthorne
Frank Hilzerman blog
5 December 2016
2 December 2016
animal rights friday
28 November 2016
flower girl
23 November 2016
champagne on the snow
there comes a time in every woman's life when the only thing that helps is a glass of champagne. -Bette Davis
22 November 2016
18 November 2016
baby friday
16 November 2016
winter is here
14 November 2016
catching butterflies
well, I must endure the presence of a few caterpillars if I wish to become acquainted with the butterflies. -Antoine de Saint-Exupéry, in The Little Prince.
12 November 2016
with feline companion
7 November 2016
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Doctor insights on:
Abdominal Pain When Bending Over And Laying Down
Always have bad abdominal pain that comes & goes but I noticed/felt when laying down something is sticking out on left side of abdomin. Can't go to dr?
Get checked : it may not be anything significant that you sense sticking out from the left side of your abdomen when lying down. Still your abdominal pain for two months is worth investigating initially by a good clinical examination to make sure that your organs and their functions are fine. ...Read more
Belly Pain (Definition)
Belly pain is also known as Abdominal pain. Abdominal pain is pain that you feel anywhere between your chest and groin. This is often referred to as the stomach region or belly. Almost everyone experiences pain in the abdomen at one time or another. Most of the time, it is not caused by a serious medical problem. There are many organs in the abdomen. Pain in the abdomen can originate from any one of them, including: Organs related to digestion -- the end of the esophagus, stomach, small and large intestines, liver, gallbladder, and pancreas The aorta -- a large blood vessel that runs straight down the inside of the abdomen The appendix -- an organ in the lower right abdomen that no longer serves much function The kidneys -- two bean-shaped organs that lie deep within the abdominal cavity The spleen -- an organ involved in blood maintenance and infection control However, the pain may start from somewhere else -- like your chest or pelvic area. You may also have a generalized infection, such as the flu or strep throat, that affects many parts of your body. The intensity of the pain does not always reflect the seriousness of the condition causing the pain. Severe abdominal pain can be from mild conditions, such as gas or the cramping of viral gastroenteritis. On the other hand, relatively mild pain or no pain may be present with life-threatening conditions, such as cancer of the ...Read more
I have upper right abdominal pain when applying light pressure when standing and sitting, but nothing when laying down. What could this be?
Hard 2 say no exam: Classically right upper quadrant pain is suspected to come from the gall bladder, but it is hard to give a clear diagnosis without more history and an actual exam and maybe some lab tests or an ultrasound exam to look at the gall bladder. This may well be the case where a exam by a doctor can provide better info then an internet based forum. ...Read more
Could a side effect be severe abdominal pain only at night and only while laying down?
HUH !!!!: Side-effect of what ????? Please re-word and re-submit ...Read more
Sometimes i get cramps , abdominal pain , gassy and a little bit of diareah , and its only when i'm laying down , what could cause this , ?
Many: Many thinks may be the reason such as celiac, crohn and so on. It also may be "nothing". You want to check with your doc. Most likely nothing but it is better to be safe. ...Read more
I have lower abdominal pain that feels like a lower cramp. It is only relieved by laying down. What should i do?
Need context please: You haven't shared your age, co-morbidities, current medications, test results, if pregnant, nor the severity, timing, & precipitating factors regarding your "cramping" as described. The short answer is get evaluated, but more information may help better target an answer for you. ...Read more
Upper abdominal pain, under rib ( left side), had egd, ultra sound, labs. All come back good. Mostly pain when laying down. Can this be a hernia?
MRI: U/S is a good start but not the most definitive. If pain persists I would get a MRI of the abdomine. ...Read moreSee 1 more doctor answer
Should i get colonoscopy?I've left abdominal pain, worse laying down, bit of fat in stool but hasn't seen blood, no history of colon cancer, 36 yo, male
See doctor first: Would need more information to advise about need for colonoscopy: for example, change in bowel habits? Unintended weight loss? Duration of symptoms? Your doctor will want this information and will perform a physical exam, then be able to advise you on need for colonoscopy. ...Read moreSee 1 more doctor answer
I am 12 weeks pregnant. I have been having sharp on and off abdominal pain for 3 days now while sitting, laying down, sleeping. I tried to walk around, but it did not relieve it. Should i go to the ER? I'm worried.
Call your OB now: Call your OB now and discuss with your OB about your symptoms. If you are not able to talk to your OB now- then you go to er for more eval. Don't wait anymore. ...Read moreSee 1 more doctor answer
What causes sharp stabbing upper left abdominal pain that comes and goes. Worse when laying down. Throat feels tight too. Normal cardiac workup.
Gerd: Could be reflux/see pcp for further workup. ...Read moreSee 1 more doctor answer
The er dr just told me may have colitis. Is it contagious. Symptoms were lower abdominal pain cramps when standing fever and loose watery stool. When laying down very little pain.
Colitis: Colitis is a nonspecific term that denotes inflammation/irritation of the colon. It can be from a viral,bacterial,parasitic infection. It can be due to irritable bowel,food intolerance(gluten,lactose,excess roughage),medications or autoimmune disease. Avoid harsh roughage,take kaopectate and Tylenol,drink fluids and see your physician if symptoms persist or worsen. ...Read moreSee 1 more doctor answer
Abdominal Pain (Definition)
Abdominal pain is pain that you feel anywhere between your chest and groin. This is often referred to as the ...Read more
- Talk to a doctor live online for free
- Abdominal pain increases when laying down comes and goes
- Abdominal pain when bending over
- Lower abdominal pain when bending over
- Ask a doctor a question free online
- Pressure and pain in head when bending over
- Child abdominal pain when bending over nauseas
- Upper right abdominal pain when bending over
- Pain in my arms and hands when i lay down
- Talk to a urgent care specialist online for free


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News » Sports
1 thru 10 of 781 Stories
Bolt Says 200-Meter World Record Now Likely Beyond Him
Usain Bolt again said he doesn't plan to run the 200 meters in his final season, realizing that his world record of 19.19 seconds is now likely beyond him.
Watch: Bodybuilders Attempt to Bellydance in Hilarious Video
A new video posted by BuzzFeed is going viral this week, which shows a group of male bodybuilders attempting to bellydance for the first time.
Greg Louganis Awarded With AIDS Service Center NYC Changemaker Award
On Tuesday, November 29, AIDS Service Center NYC (ASCNYC) will mark a milestone: 25 years of serving New Yorkers navigating life with HIV/AIDS and other chronic health conditions.
Openly Gay Former NFL Player to Speak in Massachusetts
The first openly gay player to be drafted by an NFL team is heading to Massachusetts to talk about his life.
More Soccer Players Report Abuses as English FA Opens Review
English soccer's governing body launched a review Sunday into an escalating child sex-abuse scandal to discover what professional clubs knew about crimes being committed by coaches and what action should have been taken at the time.
Flanagan Stops Cruz in 8th to Keep WBO Lightweight Belt
Orlando Cruz of Puerto Rico will have to wait to become the first openly gay boxer to win a world title after being stopped in the eighth round by WBO lightweight champion Terry Flanagan on Saturday.
Long Song: Aretha's Anthem Gobbles Thanksgiving Conversation
Aretha Franklin's lengthy version of the national anthem ahead of the Detroit Lions-Minnesota Vikings matchup may have been as much a topic at Thanksgiving dinner as the game itself.
Soccer Star Cristiano Ronaldo Reportedly Called 'Faggot' After Heated Match
The use of gay slurs during soccer matches has been an ongoing issue and Real Madrid's superstar Cristiano Ronaldo was the latest victim of the hateful rhetoric.
Hurricane Showdown Blows Back into Town
The Hurricane Showdown, played over Thanksgiving weekend, is entering its 23rd year and features teams from across the United States and Canada.
Watch: Warwick Rowers Video Banned From YouTube, EDGE Has It Here
Anyone looking for a quick lunchtime thrill online may be disappointed today. The Warwick Rowers, that group of hot hardbodied young men from England, famous for their annual nude calendars, have been banned on YouTube.
1 thru 10 of 781 Stories


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|Property type
|Minimum Stay
|6 - 30 nights
Location: 8th Avenue - in the heart of Corozal Town
6 nights min stay $79.00/night ***or rental equivalent
14 nights min stay $69.00/night
30 days minimum stay - $55.00/night ***excluding December/January/February 2017 at $70/night WITH a minimum of 2 weeks rental or rental equivalent during those months.
*9% Belize government hotel tax not included in prices quoted.
Central-to-all Corozal Town and bay front by foot with safety, comfort and relaxation in the large manicured gated gardens with Palapas and our super all inclusive rates -- cheaper than a hotel room !
•NO extra fees for anything.
...& Feel SAFE & welcome in the completely gated gardens!
What is included in your exclusive Cottage?
•All Utilities included - no surprise!
•Fully Furnished
•Mahogany custom made kitchen
•Gas Stove with Oven
•Coffee Maker
•Toaster & Blender
•Pots & Pans
•Dishes & Utensils
•Shower & Kitchen Towels
•Split Air Conditioning with Remote
•Ceiling Fan
•32' Flat Color TV with Remote
•Queen Size Bed with Linens
•Private Balcony with table and chairs
•Exclusive Manicured Tropical gardens with private sitting areas
•Cushioned garden loungers & chairs
•Bathroom with Oversize Shower
•Separate enclosed toilet
•24/7 Wireless Internet
•100+ US channels Cable Television
**Maximum of Two Guests per Cottage**
•NO pets
•Free 5 gallons Crystal water, Coffee, Juices etc. toiletries to start you off!
•Free Bicycle Usage
•Free Weekly Housekeeping
A true oasis right in the center of the action!
With morning birds, children going to school, dogs, fresh fruits and vegetable market and local vendors with their fresh fruits and tortillas on their morning bicycles, monthly Art in the Park event etc. you will definitely be able to experience some of the local-Belizean-way-of-life - right from our gates !
***Check our CORAL COTTAGES WEBSITE for more information & photos at the bottom of the 'Owners Info' page.
Corozal Town is the fastest growing expat community in Belize. It is 5 minutes walk to the seafront and supermarkets, 10 minutes walk to the Farmers Market. 10 minutes drive to Corozal airstrip, with San Pedro 15 minutes away by plane. The fantastic Chetumal US style Shopping Malls and the new Chetumal International Airport are conveniently 25 minutes by car.
Experience a unique day trip to the famous Lamanai ruins, take the boat across the bay for photos and lunch, the boat for a day or two over to San Pedro island. Share your adventure with a Belikin beer and meal with some of Corozal's expats, by visiting several little bistros by the Bay, its rustic, its different, its friendly and so easy as the whole country - speaks English!
Local attractions:
Tour Guide can pick-you-up right from our gates !
Spanish Lookout & Mennonite Communities
Lamanai Mayan Ruin - (highly recommended)
Day out on the Four Mile Lagoon and/or Bay
Belize Zoo day excursion
Rio Hondo access and Chetumal/Corozal Bay
Access by boat to the New river
Boat day trip to San Pedro Island
Cave tubing, jungle exploration (highly recommended)
Palapas & small restaurants along the Corozal Bay
25 minutes to huge malls, Sam's Club, Office Depot, Wallmart & medical clinics in Chetumal, Mexico
15 minutes to Las Vegas Casino & Princess Casino
15 minutes to Corozal Free Zone for duty free shopping
Drive direct to Playa del Carmen and Cancun
Centrally located for scuba diving, eco-tourism
20 minutes by plane to La Isla Bonita Ambergris Caye, San Pedro
We have lived here in Belize since 2004 and have enjoyed every minute of it ! After San Pedro Island, we prefer living on the mainland as it allows us to explore by car, and Corozal gives us easy access into the Mexican Riviera.
Lilly purchased this cottage in 2012
Our reasons for choosing Corozal are many, including the peaceful atmosphere, the Bay for great morning walks, the proximity to modern services in Chetumal Mexico, the natural hurricane protection given by the Mexican mainland, and the reasonable cost of living. Belize, to our thinking, really is an undiscovered gem. Corozal is rated the Safest district in belize. You will so enjoy your stay..We look forward to introduce you to the Corozal we so appreciate in many ways.
We decided to build the Cottage on our property to accommodate the need of our returning guests who previously rented our Penthouse and Condo - Please do enquire if you need more space and a longer type of rental....
NEARBY ATTRACTIONS: Cerros Mayan Ruin
Mennonite Communities
Lamanai Ruins
Fishing on the Four Mile Lagoon or the Bay
Access to Rio Hondo and Chetumal/Corozal Bay
Access by boat to the New river and Lamanai
Municipal Boat Docking
Palapas and recreational areas along the Corozal Bay
25 minutes to Walmart, Sams Club and Office Depot across the border in Chetumal, Mexico
15 minutes to Las Vegas Casino and Princess Casino
15 minutes to Corozal Free Zone for shopping
Centrally located for tropical excursions, island adventures,
scuba diving, eco-tourism, mayan ruins and much more.
Mexican Riviera.
15 minutes by plane to La Isla Bonita Ambergris Caye
***GENUINELY GATED and CLOSE TO IT ALL !!
...is what makes us Unique.
Coral Cottages were well kept and the grounds were excellent. Iain was a gracious host and we enjoyed our few visits with him very much. Unfortunately, we did not get to meet Lilly as she was visiting her father who was ill. The Cottages were perfect for the two of us and a great place from which to investigate Corozal. We were only a short five minute walk to the water and a short walk into town. They provided two bikes which allowed us the opportunity to explore outside of town. Taxi service was good and reasonably priced - we would recommend Menzies Transport Service, they were excellent. Shopping for groceries, restaurants were withing walking distance and the people were wonderful and of course, the weather was certainly better than Ohio in mid-January to mid-February. It was a very enjoyable stay. Belize isn't Hawaii. It is a third world country but we found the people very pleasant and friendly and met several expats from the U.S. and Canada.
We would highly recommend Orchid Cottage for your vacation stay. The owners of the property are a warm caring lovely accommodating couple. The property gardens are beautiful. The location is excellent for walking to town or exploring the area. A plus is long walks along the waterfront. There is no need for a car as shopping is easy by foot or taxi to any location day or evening and very reasonable. Orchid Cottage is exceptionally clean and well equipped plus extremely comfortable. We became known to restaurant, bakery, farmers market owners and they all were so friendly saving what we needed till we came along to buy. Our stay in Corozal-Town was wonderful away from Cape Cod/Boston.
Our first experience in Belize was met with such a warm welcome. Lilly, her Husband and little Chico (dog) will greet you as if you are family. The cottages are very clean, well stocked, comfortable and very reasonably priced. Nata keeps the grounds like a 5 star resort. Great location, 5 min walk to the bay as well as many restaurants and grocery stores. Speaking of restaurants our favorite place for dinner was Blues, the food and atmosphere is wonderful!! Everyone we met locals and expats alike were very friendly. We will definitely stay here again, highly recommend.
Our first stay in Belize was made even more wonderful thanks to our gracious hosts! Unfortunately, we were unable to meet Iain, who was away on business, but upon our arrival Lilly made sure our comfort was priority; introducing us to a host of friendly local faces and showing us the local spots for grocery shopping and sundries. Their recommendations of restaurants and things to do and see are spot on! All the services they referred us to were professional, dependable and reasonably priced!
The Orchid Cottage is exactly as it is shown in the pictures and even more welcoming in person. It is cozy and well-appointed giving us all the comforts of home. The property is stunning, the grounds beautiful and well-manicured, and tended by the always smiling and cheery, Nathaniel. Minnie, the most adorable pup ever is always happy to come hang out and jump in your lap. Lilly and Iain have put much thought and consideration into the comforts of their guests. The location of the property is unbeatable – an easy stroll to the Bay, minutes to good restaurants, and to the market and downtown area. We always felt safe whether within the walls and locked gates of the property or walking around town. We especially enjoyed the food, drinks and conversation with locals at Jam Rock and Blue's. It was an unforgettable trip and we hope someday to return to this beautiful country and her diverse culture. If you plan to stay in Corozal, Coral Cottages is the best – the hospitality we experienced is unmatched. Hands down - a five star location.
This lovely cottage is exactly as shown on this site. With well maintained gardens, like-new cottage, safe gated area and very friendly people all around. Groceries are around the corner, good restaurants within 5 min walk along the Bay with cooling breezes. Enjoyed meeting our cottage neighbor Sue, Nat the grounds keeper and dear little Mini with her happy wagging tail. Reliable tours and transportation with Menzies Transfer company enhanced our distant travels to Lamanai river cruise and ruin excursion, Ambergris Caye (for water sports) and transportation to and from the airport. ... THANK YOU Lilly and Iain, we so enjoyed our stay in your charming Orchid Cottage. We always felt very safe with your locked gates and most comfortable with the clean and well set up cottage. Coming from such cold temperatures and having your very quiet and efficient air conditioning helped us to acclimatize to the Corozal heat (the sea breezes also very welcoming as natures natural AC). We especially enjoyed our walks along the Bay going to Copper Horse for breakfast, Jam Rock to chat with the expats while enjoying Belekin Belizean beer, and The Blues Rest for the best pizza cooked in an outdoor pizza oven while enjoying views of the Bay. Such a beautiful and diverse country Belize is and Orchid Cottage was a perfect home base to set out from. If Corozal is your destination then Coral Cottages is your place to stay.
The Coral Cottages are a wonderful lovely oasis in central Corozal. It is close walking distance to the whole town. The cottage is modern, fully equipped and very comfortable. The garden is very well taken care of and very private.
The place was safe and welcoming. I would recommend the Coral Cottages to anyone travelling to Corozal. Iain the owner, is friendly, helpful and a very nice fellow!
|Rate Period
|Weekend Night
|Monthly *
Long Term Rate
Feb 1 2016 - Jun 30 2017
30 night minimum stay
My Standard Rate
6 night minimum stay
|Tax Rate
*Booking Deposit is normally required for the stay reserved (confirms and guarantees your booking and is credited towards your rental fees on arrival)*. In return we block our Online Cottage Calendar for you.
9% hotel tax is not included in rates above and is payable on Arrival day.
* Approximate monthly rate. Actual rate will depend on the days of the month you stay.


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Date: 1939 ca.
Description: The Miller Brewing wagon, filled with barrels of beer, and a Miller delivery truck. The caption on the photograph reads "1855-1939".
Date: 1965 ca.
Description: Elevated view over railroad yards from the 27th Street viaduct.
Date: 1928 ca.
Description: An open drawbridge with a boat crossing below. The First National Bank is in the background.
Date: 1898 ca.
Description: Small sailboats in Milwaukee Harbor with buildings on the far shoreline in the background. There is a large sign on a roof that readsin part: "L.J. Petit.....
Description: Four men sit on the shore and look out at a ship on the water at the Wolf and Davidson ship yard.
Date: 1944-07-04
Description: People riding decorated bicycles in a 4th of July parade.
Date: 1943 ca.
Description: The corner of N. 5th Street and W. Wisconsin Avenue. Landmarks from left to right: Wisconsin Roof (dancing), Strand Theater, Miller High Life Spa, and the...
Date: 1875 ca.
Description: Stereograph of Wisconsin Street looking east from Spring Street.
Date: 1885 ca.
Description: Elevated view of buildings and street traffic.
Date: 1868 ca.
Description: Elevated view over rooftops looking towards Lake Michigan shoreline. Seaman's Furniture and Rooms building is surrounded by other commercial buildings. The...
Date: 1914
Description: A 1914 Cadillac Ambulance in a park. It's body was produced by the W.S. Seaman Company.
Date: 1925-09-15 ca.
Description: Automobile parked in front of large elm tree at the corner of N. 3rd and W. Center Streets.
Date: 1986-06-26
Description: Kids make a "train," with the bicyclist in the front pulling three girls on roller skates along a sidewalk.
Date: date unknown
Description: A boat near a small pier. Three people (two men and a woman) are on the boat, and five people (four men and a boy) are standing on the wooden pier. The n...
Date: 1941 ca.
Description: Milwaukee Works foremen and supervisors posing in front of a "high-speed, modernized gun carriage." At the right is Superintendent V.A. Guebard, and next t...
Date: 1876 before
Description: Stereograph. Winter scene of a residential area, looking down a snowy sidewalk near a retaining wall and a fence in Milwaukee, with a horse-drawn carriage...
Description: The Kunzelmann-Esser Furniture Co. building at S. 9th and W. Mitchell Streets.
Date: 1901-01-20 ca.
Description: A crowd gathers at Milwaukee Harbor standing on ice around the Julius Goll Jr. excursion boat.
Description: Exterior view of a 10-ton type "A" semi-gantry crane at the Allis-Chalmers Manufacturing Co. foundry yard. The crane is stamped with the text "Pawling & Ha...
Date: 1954-08-30
Description: Mary Ellen McCabe, 1954 Alice in Dairyland, enters State Fair Park in her official convertible, escorted by police officers on Harley-Davidson motorcycles...
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|YourMechanic Price
|Shop/Dealer Price
|1994 Chevrolet LLVL4-2.2L
|Service typeRadiator Replacement
|YourMechanic Price$271.79
|Shop/Dealer Price$335.86 - $485.61
|1995 Chevrolet LLVL4-2.2L
|Service typeRadiator Replacement
|YourMechanic Price$268.44
|Shop/Dealer Price$331.77 - $479.07
Real customer reviews from Chevrolet owners like you.
The radiator performs a critical function; it keeps the engine from overheating. While running, the engine produces heat. Coolant flowing through the system absorbs and removes extra heat from the engine. The coolant then passes through the radiator where it cools off and is later circulated back to the engine to absorb heat again. A radiator has two tanks that are connected to each other through aluminum or brass tubes. When the coolant passes through these tubes, the radiator cooling fan blows air across the radiator to lower the temperature of the coolant. The tank is usually made of plastic, and it is common for it to crack and start leaking coolant. If the tank or the tubes crack, coolant will leak , the vehicle will overheat and could cause severe engine damage. Radiators also tend to clog over time. When this occurs, not enough coolant flows through the radiator leading to heat build-up, causing the engine to overheat.
Have a car question? Get free advice from our top-rated mechanics.


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Oh man….oh man….OH MAN! It's FINALLY HERE! Take a look at the trailer for Aaron McGruder's "The Boondocks" Season 4 in the video below!
There is so much that needs to be addressed since "The Boondocks" Season 3 left off…we can't even imagine where McGruder will begin! We just know we can't wait to see it!
Best Music From 'The Boondocks'
Best Music From 'The Boondocks'
1. "Eff Grandad" – Thugnificent1 of 9
2. "Homies Over Hoes" – Gangstalicious2 of 9
3. "Don't Trust Them New Ni–as" – Uncle Ruckus3 of 9
4. Interlude: "Burn" – Tom4 of 9
5. "D-ck-Riding Obama" – Thugnificent and will.i.am5 of 9
6. "Booty Butt Cheeks" – Thugnifcent6 of 9
7. "Eff Thugnificent" – Grandad7 of 9
8. Its Alright To Crossdress For Christ8 of 9
9. "Go-Go Gadget Gospel" – Reverend Rollo Goodlove9 of 9
Marlon Wayans And Lord Jamar Twitter Beef For Hours [TWEETS]
Actor Jason Weaver Slams "Coon Celebrations" Of Lil Boosie's Release From Jail
Charlamagne: "We Don't Need Any More Slave Movies" [VIDEO]
FREE At Last: Rapper Lil Boosie Released From Prison
50 Cent Disrespects Diddy,Rick Ross And Steve Stoute On Instagram And Video [VIDEO]
Explosive Accusations Of Bank Fraud, ID And Car Theft Thrown At RHOA Star Phaedra Parks
50 Cent Gets In Steve Stout's Face Over Recent Comments Made In Interview [PICS]
Like TheUrbanDaily.com on Facebook to stay updated with the latest entertainment news and original interviews!


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5207 Honey Comb Drive Indianapolis, IN Apartments
Indianapolis, IN
Dogs Ok
Cats Ok
3 Bedroom
2 Bathroom
2 Baths
1,347 ft2 1347 ft2
Listing Description
Custom brick ranch - fully updated 3 bedroom, 2 full bath home - sw indy - wonderful custom brick ranch - fully updated 3 bedroom, 2 full bath home has 1350sf of fresh paint, new appliances, new flooring, all new bathrooms, new lighting and new mechanicals too, all just waiting for you to move right in! The large open kitchen has great cabinet and countertop space with a dining area that opens to the family room. Enjoy the separate living room for a quiet space to relax and entertain. The large master bedroom has it's own bathroom with shower. A large 2-car attached garage with opener. Large deck in the back for enjoying bbq's with friends and family overlooking the big yard that has a full privacy fence. Wonderful quiet location on the cul-de-sac in a lovely neighborhood on the south west side of indianapolis within minutes of the towns of camby and mooresville home to nice shopping and restaurants. This area has a "country feel" yet 20 mins to downtown and 15 mins to the airport. A favorite attraction nearby is southwestway park, which has over 300 acres including winding river golf course, a baseball field and miles of hiking and biking trails. Decatur township schools.


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Cowboys Clinch Playoff Spot After Redskins LossDallas is the first NFL team to clinch a playoff berth. The Cowboys qualified for the postseason with Washington's loss to Arizona Sunday.
Bettis, Lewis, Gonzalez, Woodson Named As Pro Bowl Legend CaptainsPro Football Hall of Fame running back Jerome Bettis and former NFL stars Ray Lewis, Tony Gonzalez and Charles Woodson will serve as 2017 Pro Bowl legends captains.
Cowboys Shuffle Roster Around Romo HopeThere is little chance of the Dallas Cowboys lifting themselves up to make the playoffs. But at the same time, there is little downside to holding out hope that they can.
Pros & Cons Of The 12 Super Bowl Hopefuls
Tony Romo Named NFC Offensive Player Of Month For DecemberCowboys quarterback Tony Romo has been named the NFC Offensive Player of the Month for December, the league announced Wednesday.
NFL NFC Playoff ScenariosThe Dallas Cowboys have won the NFC East and clinched a home game in this year's playoffs.
Thanksgiving Turn Shorter Than Usual For DallasGeorge Selvie rushed out of Dallas' locker room, already prepared for some down time on a short week even by the standards of the Thanksgiving-trained Cowboys.
DeMarco Murray Wins NFC Award For 2nd Straight MonthCowboys running back DeMarco Murray has been named the NFC Offensive Player of the Month for October, his second straight award.
Cowboys RB Murray Named NFC Offensive Player Of MonthDallas Cowboys running back DeMarco Murray is far and away the NFL's leading rusher. Now, he's being recognized for his gaudy stats.
Zack Martin Among NFC's Most Impactful RookiesToday, we turn our eyes to the NFC, identifying one rookie from each team that could have the biggest impact in 2014. Which Cowboys draft pick made the list?
Kaepernick, Strong Defense Help Establish 49ers Among NFL's Best In 2013Although they made a deeper playoff push a year ago, the 2013 season for the 49ers was far from a letdown. The team continued to improve each week, and heading into the off season know that they have a quarterback and defense that is going to make them contenders for years to come.
Broncos Advance To Super BowlThe Denver Broncos are back in the Super Bowl. They advanced with a 26-16 win over the Patriots in the Mile High City.


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NOW With Alex Wagner 06/17/14
Will the US turn to Iran for help with Iraq?
Ezra Klein talks to Amb. Nicholas Burns and Robin Wright about Pres. Obama's decision to send troops to Iraq and whether political engagement with Iran could help stop the chaos. ... more Duration: {{video.duration.momentjs}}
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