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Justice COLWELL delivered the opinion of the court:
Plaintiffs, Terry Regan and Dennis Egan, appeal from the circuit court of Du Page County's orders dismissing their action for fraudulent conveyance and entering judgment against plaintiffs and their counsel for a total of $3,909.75 in fees and costs pursuant to Illinois Supreme Court Rule 137 (134 Ill.2d R. 137). Plaintiffs contend that: (1) the trial court improperly dismissed plaintiffs' complaint under section 2-619 of the Code of Civil Procedure (Code) (Ill.Rev.Stat.1991, ch. 110, par. 2-619)); (2) plaintiffs' complaint set forth a cause of action for fraudulent conveyance under both fraud in fact and fraud in law principles; and (3) the trial court's award of attorney fees to defendants was an abuse of discretion. We reverse.
Plaintiffs filed the present complaint to avoid a fraudulent transfer of beneficial interest in a land trust and for other relief on January 6, 1992. The following facts, which plaintiffs contend give rise to this claim, all took place prior to the original adjudication between these parties which was affirmed by this court in Regan v. Garfield Ridge Trust & Savings (1991), 220 Ill.App.3d 1078, 163 Ill.Dec. 605, 581 N.E.2d 759.
Plaintiffs executed a contract with a land trust on March 6, 1986, for the purchase of a 34-acre parcel of land in Lemont, Illinois. The land trust beneficiaries, all defendants in this action, included Carl Ivanelli, Jr., James Ivanelli, Gerald Ivanelli, Jeanine Ivanelli, and Janice Ivanelli-Altice. The beneficiaries entered into the contract with plaintiffs for a purchase price of $400,000. Pursuant to this contract, the plaintiffs were to make a partial payment of $100,000 on or before September 6, 1986, and the beneficiaries were to transfer to the plaintiffs four one-acre lots. Due to an existing lien encumbering the subject property, the beneficiaries were unable to transfer the title free and clear of all encumbrances, and the parties entered into an extension for the performance of the contract. Plaintiffs deposited $25,000 with beneficiaries on September 8, 1986, and the parties later entered into an escrow agreement. The lien was released on October 21, 1986, after which plaintiffs tendered $100,000 to defendants.
Plaintiffs did not make the $150,000 payment due on or before March 6, 1987, and beneficiaries did not send plaintiffs a title commitment for the lots to be conveyed at that time. There was conflicting testimony over whether the beneficiaries even demanded payment since the plaintiffs were plagued with structural problems on the
The September 6, 1987, closing date was set and continued twice. The beneficiaries then anticipatorily breached the contract on September 18, 1987, by attempting to terminate said contract. The beneficiaries assigned their beneficial interest in the trust on the same day to Carl, Sr. After September 1987, Carl, Sr., made further efforts to develop the subject property and held himself out as Bluff Point Development's owner. On May 23, 1988, Carl, Sr., assigned his interest in the land trust back to his children, who resumed as beneficiaries.
Plaintiffs filed a three-count complaint on March 10, 1988, against the beneficiaries, Carl, Sr., and Garfield Ridge Trust & Savings Bank as trustee. In count I, plaintiffs sought specific performance of a contract for the purchase of certain real estate from the land trust. In count II, they alleged that Carl, Sr., tortiously interfered with the contract, and in count III, they alleged that the children who were land trust beneficiaries when the contract was executed conspired with Carl, Sr., to interfere tortiously with the contract. In an order dated June 19, 1990, the trial court granted plaintiffs specific performance as alleged in count I. A jury entered a verdict against Carl, Sr., on the other two counts, awarding plaintiffs $400,000 on count II and $200,000 on count III. The trial court entered judgment notwithstanding the verdict in favor of Carl, Sr., on count III. Plaintiffs appealed, contending the entry of judgment notwithstanding the verdict was error and that they are entitled to a new trial on count III because the jury's finding that only one defendant was involved in the alleged conspiracy was inconsistent. The remaining jury verdict on count II in favor of plaintiffs and the trial court's judgment for specific performance were affirmed by this court in Regan v. Garfield Ridge Trust & Savings Bank (1991), 220 Ill.App.3d 1078, 163 Ill.Dec. 605, 581 N.E.2d 759. The plaintiffs, pursuant to the decree of specific performance, purchased the parcel of real estate for a sum in excess of $300,000.
Plaintiffs then filed the present complaint on January 6, 1992, to avoid a fraudulent transfer of beneficial interest. The complaint alleged that Carl, Sr., gratuitously transferred the beneficial interest in the land trust to his children on May 23, 1988, after the commencement of plaintiffs' action for tortious interference with contract was filed on March 10, 1988. Such transfer left Carl, Sr., without sufficient assets or income to satisfy the subsequent judgment entered against him. Defendants filed a motion to dismiss plaintiffs' complaint, pursuant to section 2-619 of the Code, which alleged (1) that plaintiffs' fraudulent conveyance action was barred by the judgment entered in the action for breach of contract and tortious interference with contract; (2) that the appellate court ruled that the transfer of the beneficial interest by the Ivanelli children to their father, Carl, Sr., was a "matter of convenience" for negotiation purposes; (3) that the transfer of the beneficial interest back to the children was a return of the property to its original rightful owners and was not a transfer to defraud creditors; and (4) that the appellate court affirmed the findings of fact that the debtor, Carl, Sr., was an agent of the children and that he never acquired ownership of the trust property.
The trial court determined that the children transferred the beneficial interest in the property to Carl, Sr., and for purposes of defendants' motion, it did not matter whether that transfer was for consideration. The trial court also determined there was a transfer of the property back to the children from Carl, Sr., for no consideration. On the basis of the undisputed facts presented, the trial court concluded there could not be a fraudulent transfer as intended under the Uniform Fraudulent Transfer Act (Ill.Rev.Stat.1991 ch. 59 par.
Defendants filed a motion for attorney fees and costs pursuant to Supreme Court Rule 137 (134 Ill.2d R. 137). Defendants argued that plaintiffs' complaint, which alleged that the assignment of beneficial interest was a transfer of property owned by Carl, Sr., contradicted the fact that plaintiffs knew that the children, and not Carl, Sr., were the original owners of the property before it was transferred to Carl, Sr. Defendants further alleged the plaintiffs knowingly misrepresented the true facts to the court. The trial court granted defendants' motion for fees and stated in its order that the plaintiffs' complaint was "wholly unfounded in fact and law and that said complaint was not brought in good faith." Plaintiffs filed a timely appeal.
We first address defendants' oral motion presented at arguments before this court pertaining to their motion for fees and costs filed in the previous trial court action. Defendants attached to their motion and made a part thereof the statement of facts contained in plaintiffs' appellate brief from the tortious interference action. Defendants stated that this document did not become a part of the court file even though it was part of the common-law record. Defendants' motion requests that the portion of the brief referred to in their motion be made a part of the record in the instant case.
Defendants' request relates to their claim that the plaintiffs made an admission by including in the statement of facts of their appellate brief that the Ivanelli children were the owners of the beneficial interest in the land trust and that the beneficial interest was initially transferred by the children to Carl, Sr. Plaintiffs' complaint for fraudulent conveyance does not contain this fact. Defendants contend plaintiffs were trying to hide the fact that the children initially owned the beneficial interest so that the trial court in the instant action would not be fully informed.
A judicial admission is a clear, deliberate, unequivocal statement of a party regarding a concrete fact within that party's particular knowledge. (Caponi v. Larry's 66 (1992), 236 Ill.App.3d 660, 671, 176 Ill.Dec. 649, 601 N.E.2d 1347.) Plaintiffs' previous appellate brief included the fact that the children initially owned the beneficial interest because it was relevant to the tortious interference claim. However, such fact need not have been stated in the present complaint since its inclusion was not necessary in order to state a basic claim for fraudulent conveyance. We therefore deny defendants' motion since this statement is not necessary to plead a fraudulent conveyance claim and its inclusion in the record would not change our decision here.
Plaintiffs next contend that the trial court improperly dismissed plaintiffs' complaint pursuant to section 2-619 of the Code, which states in pertinent part as follows:
A motion to dismiss admits facts well-pleaded together with all reasonable inferences which can be gleaned from those facts, but does not admit conclusions of law or conclusions unsupported by allegations of specific facts on which such conclusions rest. (Munizza v. City of Chicago (1991), 222 Ill.App.3d 50, 52, 164 Ill.Dec. 645, 583 N.E.2d 561.) A trial court should dismiss an action only if it is apparent that no set of facts can be proven that will allow plaintiff to recover. (Munizza, 222 Ill.App.3d at 51, 164 Ill.Dec. 645, 583 N.E.2d 561.) A reviewing court must determine whether the allegations in the complaint, when read in the light most favorable to the plaintiff, are sufficient to set forth a cause of action upon which relief may be granted. Munizza, 222 Ill.App.3d at 52, 164 Ill.Dec. 645, 583 N.E.2d 561.
Such "fraud in fact" conveyances require a specific intent to "disturb, delay, hinder or defraud" a creditor. Gendron v. Chicago & North Western Transportation Co. (1990), 139 Ill.2d 422, 437, 151 Ill.Dec. 545, 564 N.E.2d 1207.
A presumption of fraud occurs where there is a voluntary transfer for no consideration and there is an existing or contemplated debt for payment of which the transferor did not retain sufficient assets. Such a transaction is considered "fraud in law," as contained in section 6(a) of the Act:
Thus, "[i]n order to establish that a conveyance is fraudulent in law, three elements must be present: (1) there must be a transfer made for no or inadequate consideration; (2) there must be existing or contemplated indebtedness against the transferor; and (3) it must appear that the transferor did not retain sufficient property to pay his indebtedness." (Gendron, 139 Ill.2d at 438, 151 Ill.Dec. 545, 564 N.E.2d 1207.) Since fraud is presumed in these circumstances, the transferor's actual intent is irrelevant. (Anderson v. Ferris (1984), 128 Ill.App.3d 149, 153, 83 Ill.Dec. 392, 470 N.E.2d 518.) Once the three elements showing fraud in law have been proved, the presumption of fraud becomes conclusive unless rebutted. First Security Bank v. Bawoll (1983), 120 Ill.App.3d 787, 792, 76 Ill.Dec. 54, 458 N.E.2d 193.
Section 7(d) of the Act states that "a transfer is not made until the debtor has acquired rights in the asset transferred." (Ill.Rev.Stat.1991, ch. 59, par. 107(d).) Section 2(b) defines an "[a]sset" as "property of a debtor." (Ill.Rev.Stat.1991, ch. 59, par. 102(b).) Section 2(l) defines a "[t]ransfer" as "disposing of or parting with an asset." (Ill.Rev.Stat. 1991, ch. 59, par. 102(l).) Thus the only property which can be conveyed to defraud creditors is that in which the debtor has an interest.
The trial court found that the undisputed facts as presented could not sustain an action for fraudulent transfer under the Act. The facts as pleaded indicated that Carl, Sr., transferred the beneficial interest for no consideration, that Carl, Sr., contemplated an indebtedness to plaintiffs at the time of the transfer, and that Carl, Sr., did not retain sufficient funds to pay his indebtedness. Yet the trial court found in favor of defendants. Apparently, the trial court believed the undisputed facts here did not demonstrate an intent by the children
Plaintiffs argue that, since Carl, Sr., transferred his interest to the beneficiaries without consideration, both fraud in fact and fraud in law can be proved here. Plaintiffs rely on several cases in which the conveyance was made by the debtor for a wife or other family member and was thus presumed by the court to be a voluntary gift. (See Stoller v. Exchange National Bank (1990), 199 Ill.App.3d 674, 145 Ill.Dec. 668, 557 N.E.2d 438; Bawoll, 120 Ill. App.3d at 791, 76 Ill.Dec. 54, 458 N.E.2d 193; Gary-Wheaton Bank v. Meyer (1984), 130 Ill.App.3d 87, 85 Ill.Dec. 180, 473 N.E.2d 548; Anderson v. Ferris (1984), 128 Ill.App.3d 149, 83 Ill.Dec. 392, 470 N.E.2d 518.) In Stoller, the parents deeded property into a land trust with their son and daughter as beneficiaries and joint tenants in 1976. The debtor son lived on the property from 1975 until 1984. In 1979, the son borrowed $400,000 which was secured by a 100% assignment of the beneficial interest in the property. When the son later defaulted, the bank sued to recover on the notes. The son then conveyed his interest to a third party who then quitclaimed the son's interest to his sister without consideration. The court concluded the transfer of the son's interest in the property was a voluntary gift to the sister, that the son failed to retain assets to pay an existing debt, and thus the requirements for fraud in law were satisfied. Stoller, 199 Ill. App.3d at 683, 145 Ill.Dec. 668, 557 N.E.2d 438.
Similarly, Carl, Sr., here conveyed property back to his children after the contemplated debt to plaintiffs became apparent. Carl, Sr.'s action in putting himself forward as the owner of the property before he transferred his interest exhibited an exercise of dominion and control. Carl, Sr., also instructed the trustee to terminate the contract with the plaintiffs. Since this case comes to us on a judgment granting a motion to dismiss, all well-pleaded facts must be taken as true. (Rodgers v. St. Mary's Hospital (1992), 149 Ill.2d 302, 310, 173 Ill.Dec. 642, 597 N.E.2d 616.) These facts, standing alone, suggest that Carl, Sr., was acting as the beneficial owner who fraudulently conveyed his interest in order to avoid the contemplated debt to plaintiffs.
Plaintiffs have not cited any cases that found a fraudulent conveyance where the debtor received a beneficial interest from the beneficiaries and then transferred the interest back to the same beneficiaries after a debt was contemplated. However, the factual situation here would not preclude a properly filed complaint containing such facts from ever stating a viable cause of action under fraudulent conveyance principles. As this court previously stated, "there is substantial evidence that Carl, Sr., was acting in his own interest" and the evidence showed he repudiated the contract immediately after taking the assignments from the beneficiaries "with the intent of causing a breach." (Regan, 220 Ill.App.3d at 1088, 163 Ill.Dec. 605, 581 N.E.2d 759.) Although Carl, Sr., only had the beneficial interest in the property for eight months, the evidence in the previous trial action indicated Carl, Sr., exercised "dominion and power" by attempting to develop the subject property and holding himself out as the development company's owner. Carl, Sr.'s actions indicate that when he transferred his beneficial interest in the property, he acted as a beneficial owner contemplating a debt. Carl, Sr., himself testified during the previous trial action that, when he transferred his interest back to the children, he did so knowing that "there was going to be trouble." We find the facts here, taken as true, have stated a cause of action for fraudulent conveyance.
Since we find plaintiffs have properly pleaded a claim for fraudulent conveyance, we must now determine whether, as defendants argue, plaintiffs' complaint is barred by the doctrine of res
Illinois courts have used either the "same evidence" test or the "transactional" approach to determine whether there is an identity of the causes of actions. (Best Coin-Op, 189 Ill.App.3d at 652-54, 136 Ill.Dec. 957, 545 N.E.2d 481.) Under the same evidence test, res judicata will apply if the evidence needed to sustain the second cause of action would have sustained the first cause of action or the same facts were essential to maintain both actions. (Rodgers, 149 Ill.2d at 311-12, 173 Ill.Dec. 642, 597 N.E.2d 616; Best Coin-Op, 189 Ill.App.3d at 652, 136 Ill.Dec. 957, 545 N.E.2d 481.) The "transactional" approach considers whether both suits arose from the same transaction, incident, or factual situation. Under this test, the assertion of different kinds of theories of relief still constitutes a single cause of action if a single group of operative facts give rise to the assertion of relief. Rodgers, 149 Ill.2d at 312, 173 Ill.Dec. 642, 597 N.E.2d 616; Best Coin-Op, 189 Ill.App.3d at 654, 136 Ill.Dec. 957, 545 N.E.2d 481.
Where the same factual allegations form the basis for two allegedly different causes of action, the fact that a party proceeds on different theories or seeks different relief does not prevent the operation of res judicata. (Best Coin-Op, 189 Ill.App.3d at 652, 136 Ill.Dec. 957, 545 N.E.2d 481.) Therefore, in determining whether the prior judgment in the tortious interference case bars plaintiffs' action here, it is necessary to compare the nature, purpose, and allegations of the present cause of action with the earlier proceedings while considering that two causes of action are not necessarily the same merely because they arise out of the same set of facts. See Best Coin-Op, 189 Ill.App.3d at 652, 136 Ill.Dec. 957, 545 N.E.2d 481.
In order to prevail on the tortious interference claim, plaintiffs had to prove the following elements: (1) the existence of a valid, enforceable contract between plaintiffs and the children; (2) Carl, Sr.'s awareness of this contractual relationship; (3) Carl, Sr.'s intentional and unjustified inducement of a contractual breach; (4) a subsequent breach by the other party as a result of Carl, Sr.'s wrongful acts, and (5) damages. (Regan, 220 Ill.App.3d at 1088, 163 Ill.Dec. 605, 581 N.E.2d 759.) The law of tortious interference with contract is intended to protect the interests of the parties to a contract. To establish fraudulent conveyance in law, three elements must be present: (1) a transfer made for no or inadequate consideration; (2) existing or contemplated indebtedness against the transferor; and (3) the transferor did not retain sufficient property to pay his indebtedness. (Gendron, 139 Ill.2d at 438, 151 Ill.Dec. 545, 564 N.E.2d 1207.) This Act is intended to protect the interest of creditors. See generally Ill.Rev.Stat.1991, ch. 59, par. 101 et seq.
We conclude that plaintiffs' claim is not barred by res judicata. Plaintiffs' complaint against defendants is based on different operative facts than their underlying prior claim against defendant for tortious interference with contract. Although much of the same evidence would be required to support either plaintiffs' tortious interference claim or fraudulent conveyance claim, we cannot say that the evidence necessary to sustain the first complaint
Further, plaintiffs would have a claim of tortious interference of contract regardless of whether Carl, Sr., conveyed his beneficial interest in the land trust back to the children or not. In addition, plaintiffs brought their tortious interference claim against Carl, Sr., as a party to the contract at issue. However, plaintiffs proceeded on the cause of action here as judgment creditors of Carl, Sr. Therefore the nature, purpose and allegations of the present cause of action differ from those in the previous proceedings.
Where, as here, two suits are grounded upon different duties owed to plaintiffs, and the same evidence would not necessarily sustain both claims, despite the involvement of the same parties, we cannot say that all that has been substituted in the second suit is a different theory of recovery. We find the plaintiffs claim, taking all well-pleaded facts to be true, sufficiently states a cause of action for fraudulent conveyance and is not barred by res judicata. Therefore, we reverse the trial court's dismissal of this action.
Plaintiffs also contend that the trial court's award of sanctions under Rule 137 was an abuse of discretion. Defendants here filed a petition for sanctions and fees which alleged that plaintiffs' complaint contained false statements and was not brought in good faith because the plaintiffs withheld material facts from the court. Defendants alleged plaintiffs were attempting to trick the court into believing the present action merely involved a transfer of property from Carl, Sr., to the children, since the complaint for fraudulent conveyance did not state the fact that the children initially owned the property when the contract with plaintiffs was executed.
The trial court granted defendants' petition and stated:
Illinois Supreme Court Rule 137 provides in pertinent part:
Thus, Rule 137 imposes upon both client and counsel the duty to make a reasonable inquiry into the facts to support a legal claim or defense before pleadings and other legal papers are filed with the court. (Chicago Title & Trust Co. v. Anderson (1988), 177 Ill.App.3d 615, 623, 126 Ill.Dec. 910, 532 N.E.2d 595.) The purpose of the rule is not to penalize the litigants simply because they were not successful in the litigation, but rather to prevent abuse of the judicial process by penalizing the litigant
Rule 137 may only be applied when the party seeking the sanctions has sustained his burden of proving that each of its requirements have been met. (Hazel Crest Federation of Teachers, Local 2077 v. Board of Education of School District 152½ (1990), 206 Ill.App.3d 69, 80, 150 Ill.Dec. 961, 563 N.E.2d 1088.) The allowance of fees and expenses under this provision is entrusted to the discretion of the trial court, and we will not disturb a trial court's imposition of sanctions absent an abuse of discretion. Hazel Crest Federation of Teachers, 206 Ill.App.3d at 80, 150 Ill.Dec. 961, 563 N.E.2d 1088.
Since we find plaintiffs have properly stated a cause of action for fraudulent conveyance and such claim was not barred by res judicata, there is no basis for sanctions against plaintiffs, and we reverse the trial court's decision on this issue.
For the foregoing reasons, we reverse the decision of the circuit court of Du Page County and remand the cause for further proceedings.
Reversed and remanded.
UNVERZAGT and WOODWARD, JJ., concur.


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Naomi Caietti: The Glass Breakers!
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Naomi Caietti is the Founder and CEO of a Women's Network called "The Glass Breakers". She has been a consultant, published author and recognized expert on personal growth and leadership development for project, program and portfolio managers for 10 years. With more that 27 years of public and private IT leadership expertise, Naomi is a credentialed PMP and a global speaker on topics such as leadership, project management, women in project management; one of the top influential project management professionals on twitter (PMOT/PMChat) and featured subject matter expert on ProjectManagement.com.
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subset: commoncrawl


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Villain's Tavern
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In Ontario, you now have more options when it comes to your automobile insurance coverage. You are able to build insurance protection to best meet your individual needs.
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RICHMOND — Backup quarterback Kirk Cousins has been practicing holding field goals at training camp, but he doesn't have a specific reason for taking reps as a holder other than "just in case."
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Cousins said he practiced being a holder every day when he was a backup quarterback at Michigan State. He's never entered a game for the Redskins as a holder, though having backup quarterbacks as holders is a common practice, especially on the collegiate level.
On one hand, a quarterback as the holder is beneficial in case a team opts for a fake field goal. More common is that the punter is the holder, as is the case for the Redskins, because the punter and the kicker have more time to work on the continuity of the kicks with their sole focus being special teams.
Punter Robert Malone is listed as the starting holder on the Redskins' unofficial depth chart, and that is the only position that has no backups listed. Cousins said holding is not as easy as it seems.
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Have a Redskins question? Send an e-mail to email@example.com with the subject line "Mailbag question," and it might be answered on Tuesday in The Mailbag.
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Emily in Japan Part 2Sunday 2 August 2009, 1:30pm ABC1
Emily Kngwarreye had a brief but prolific career as one of Australia's leading contemporary artists after she first began painting canvases in her late seventies. Her artworks have been captivating people the world over for the past twenty years, and that interest hasn't waned since her passing back in 1996. A touring exhibition of her work travelled to Japan last year, startling and intriguing the host cities of Osaka and Japan.
But despite different cultural backgrounds, the power and energy of Emily's work communicates in a language that's timeless and universal.
MARGO NEALE The Emily exhibition is arguably the biggest single artist show ever to travel overseas from Australia, with over 200 works worth some $50 million. For two years now, we've been negotiating with countless art collectors, dealers and galleries from all around the world, and consulting with Emily's community in central Australia. Because of working with Japanese partners, it was really important that they got to experience Emily's country first-hand. The Japanese party was lead by Professor Tatehata, whose idea it was to take an Emily exhibition to Japan. They were shown around Utopia by Barbara Weir, an artist herself who'd been brought up by Emily, and who probably knew her as well as anyone else.
TATEHATA AKIRA: Thank you very much for your time.
BARBARA WEIR: Thank you.
TRANSLATOR: Welcome. Welcome to Australia. Alice Springs, no Utopia.
TATEHATA AKIRA: Did Emily live here?
BARBARA WEIR: She lived here sometimes. I lived here, too. We all lived out in the flat, not in this house. Sometime we came in from the rain, but we stayed in the open there.
TATEHATA AKIRA: And you said she painted outside?
BARBARA WEIR: Yeah, all the time.
TATEHATA AKIRA: You too?
BARBARA WEIR: Yeah. We all paint outside.
TATEHATA AKIRA: Yeah, yeah.
BARBARA WEIR: I'll get dirty for you mob. This is the fire.
TRANSLATOR: Fire. Oh, it's nice.
TATEHATA AKIRA: Wow, wow.
BARBARA WEIR: And fire to warm your feet.
TATEHATA AKIRA: Yes.
BARBARA WEIR: So husband and wife sleep like that, and their children here.
TATEHATA AKIRA: Wow.
TRANSLATOR: Like Japanese.
TRANSLATOR: It was Emily who took care of Barbara. They were like mother and daughter. She was 86 when she died, but that's an estimate. When she first encountered canvas and acrylic paint and began painting, she was in her late 70s. When Emily was painting, people would ask, "What's the story of this?" She'd say, "That's my country." Country meaning 'earth'.
TATEHATA AKIRA: But about drawing the country, there are techniques for it. For example, with bark painting there are particular signs and symbols, yet her works aren't related to them at all. So her work is completely original. When we flew to Utopia in the light plane and landed on its soil, to us the landscape looked monotonous. Just uniform bush landscape. For people who live in the bush, the space is perhaps as it was in the days of the ancestors. Feeling this was a wondrous experience for me. We were visitors from the outside. It is too much to think one could understand the culture of these people who were born there and live there, who belong to that land.
MARGO NEALE We decided we really needed to be in Japan to meet everyone face to face at this critical time of the project, to make sure we all understand each other, cos the logistics from now on are going to be complicated.
MURRAY MCLEAN: Very nice to meet you. How are you?
MARGO NEALE It's going to be five days of intensive wall-to-wall meetings between all of the major players.
MARGO NEALE TO TATEHATA AKIRA: Are you free Thursday night?
MARGO NEALE I need a date.
MARGO NEALE I would just like to say on behalf of the Australian side how honoured we are to be here, and how good it is to see that so many people have turned out for this meeting. We are grateful that you could all find this time, cos this is going to be a very, very important meeting.
BRUCE MILLER: This is a pretty formal process, what we're having happen here today, we're seeing all the main participants in the process coming together, it doesn't happen that often.
BENITA TUNKS: Obviously, Big Yam Dreaming is done first, though I've not worked with your people and I'm not sure of their speed and efficiency and their process. But we are happy to work with what you do, but we just need to understand what that is.
BRUCE MILLER: It's also been an opportunity for the Tokyo Museum and the Osaka Museum to have a proper dialogue about a whole bunch of things. It's interesting that these channels of communication haven't actually been working that well in the absence of a meeting like this.
TATEHATA AKIRA: We need to make sure we have space to display all the works. If the National Art Centre can fit them all, so can we. There may be one that won't.
BENITA TUNKS: When would we get the definitive list of what you require? Because we would probably prefer to do that in one job lot, rather than going backwards and forwards -
MARGO NEALE Yes, you wouldn't want to do that.
BRUCE MILLER: Margo and Benita are making a series of interventions which I thought helped to push the envelope out five or 10% more, and then everyone came together in a consensus that was further along because of that.
MARGO NEALE Yomiuri Shimbun is a major media conglomerate - the official sponsors of the exhibition. They have millions of dollars at stake, and in Japanese terms, are the owners of the exhibition in Japan. It's not Monet, it's not simply give out some bucks, put up a few masterpieces, the whole world knows about it, they queue up around the block, they pay lots of money, and everyone gets it and they can balance their books.
TOKU HITOMI: The Yomiuri people have always done blockbuster exhibitions that will make money. They see a Monet exhibition and they see Monet paintings and they think it's fabulous because everybody thinks it's fabulous because it's very expensive paintings. This time, we're doing something different, of course, Emily's very expensive, but still, we're doing something, an artist who doesn't have a brand here in Japan, so if we can't convince Yomiuri, that means we can't convince the other Japanese, so I'd really like to work closely with them so that they are, you know, totally happy.
MARGO NEALE The thing that excited me about Tokyo was the opportunity to work in a big, white, classic, formless cube. I got a real shock when I went, I thought, this beautiful, clean, you know, lovely, big cube broken up, from aerial view, into corridors and mazes and little and big spaces everywhere. I have to say I was crestfallen, you know? I thought, "How am I going to negotiate around this?" I understand your rationale. This is not what I was thinking in this space, but that doesn't mean it's not right, it's just what I wasn't thinking. So I was thinking to bring out the formal characteristics of the space, sort of the grandeur. What was the idea of reversing the order? What's the thinking? What was the thinking behind it? I mean, I don't have an issue, just interested. I don't think I have an issue, anyway.
JAPANESE CURATOR: Japanese visitors usually go through once and then out. Some will re-trace their steps, but the majority won't do that.
JAPANESE CURATOR: Also, if we have the batik at the end, it would be too close to the shop and that's not a very good thing.
MARGO NEALE It's not like we're talking about adjusting a little hang here, it's a whole new concept. Instead of waiting until I came, and I brought the pictures, as you know, to go and play with the model and do the hang, and maybe, in hindsight, I should have said, "This is what we're doing."
BENITA TUNKS: That's what I mean.
MARGO NEALE So, don't bother.
BENITA TUNKS: Maybe they didn't know what they were meant to be doing, and so they thought, "Well, we'd better do something."
TATEHATA AKIRA: Actually, this is not just with me but with the Japanese staff here, we often say 'Emily' when referring to Margo. The images of the two people overlap in our minds. It is, of course, related to the fact that Margo herself has Aboriginal heritage. But her passion for Emily, her exhaustive research, and her strong determination of her actions - all of these seem to make the two people into one for us.
BENITA TUNKS: So this is the lift? OK, and this will go up to the gallery. Yeah. 4,240mm. Will this be here, all of this stuff?
JAPANESE ORGANISER: Only this.
BENITA TUNKS: Yes. Only the trolley. In the warehouse, they move their forklifts really fast, and they drive back, and they throw around in 360s, but they get to the crate and they stop, and then they put it in and they do it really slowly. And then as each one's being loaded, they hand walk it to the truck. Then we got to drive to the National Museum of Art in Osaka. The only time I got excited was when we actually got the crate, the Big Yam Dreaming crate into the lift. It was critical that the crate fit in the lift.
MAN IN LIFT: Probably 60mm there.
BENITA TUNKS: Cos if it didn't, there was no way that it was allowed to be sitting on the dock, worth the amount of money that it is. So it would have had to have gone back to Australia. There was about that much on either side to spare, so, yeah, I let out a huge scream and it was great.
MARGO NEALE If you take down, round and swap. Yeah, this one, this one, swap. It was essential that members of Emily's community be in Japan for the openings, so Gloria Petyarre and Barbara Weir braved midwinter in Osaka, both of them Utopia artists and both of them very close to Emily.
BARBARA WEIR: Snow!
JAPANESE INTERPRETER: I think we should get an umbrella.
BARBARA WEIR: We have to get gloves.
MARGO NEALE Seeing the exhibition being installed brought back memories for Barbara.
BARBARA WEIR: I spent a lot of time with her until I was taken away.
BRUCE MILLER: And later you came back?
BARBARA WEIR: And she was the one I connected up with. I spent 35 years with Emily, since I came back. I got a lot of love from her.
BRUCE MILLER: Yeah.
BARBARA WEIR: I had some fun with Aunty Emily, where we used to walk and one time, one whitefella came along, one welfare officer, and she went and hid me underneath the gum tree, in the roots, and covered me up with leaves, and made a mess with all the dog, and the welfare officer came along and said, "Are you carrying any half-caste kids?" And she said, "No, myself. Myself with dogs." And then when she couldn't see him anymore, she came running back and she said, "Quick, get up and run." So I ran for my life.
GLORIA PETYARRE: All Kngwarreye - Emily - everyone.
BARBARA WEIR: That's everyone?
GLORIA PETYARRE: Everyone.
BARBARA WEIR: Warre, you know, all the people.
GLORIA PETYARRE: With the black skin. You know, skins.
BARBARA WEIR: We are very lucky Aunty Emily's paintings are doing this and bringing more focus on our place, you know, Utopia, and Utopia artists. Yeah, well, no, I hope she's happy too, looking down somewhere.
MARGO NEALE Overall it's calm, but it's actually very active, you can feel the movement of the brush. You've got to keep coming close to come inside it. Seems to be like caverns and folds and folds and folds, and off, but you're reminded she's actually sitting on the desert sand, painting this with her dog. Life is still, while she's up here, doing her work, the dogs and the children and the dust, everything's still happening. Finally. You can meet it. It is. It's a big ceremony, this one.
TATEHATA AKIRA: This was painted only in two days?
MARGO NEALE Yeah.
TATEHATA AKIRA: There is no drawing.
MARGO NEALE No drawing, no.
TATEHATA AKIRA: She painted directly.
MARGO NEALE But she wasn't painting frenetically, she was just methodically weaving one piece, another piece, in a really, in the same kind of pace all the way. See, it's tight and open, and tight and open, and tight and open.
TATEHATA AKIRA: Yeah, yeah, yeah.
MURRAY MCLEAN: Please, everybody, join me in a toast to the success of this stunning exhibition. Kanpai.
BRUCE NEALE: I mean, I've been around this for two years, more than two years, now, and it's just, to see it all come together, it's just incredible. She's got more wall space to work on than she's ever had before, and I think she still found it difficult fitting the last one or two in. It certainly is, it's like the conductor of an orchestra and this is her orchestra.
TATEHATA AKIRA: Of course, when Aboriginal people see Emily's work and when the Australians in the 'white' culture see Emily's work, and when the Japanese people see Emily's work, the cultural base is different each time. I think it's fine to have different interpretations. We see the work differently, yet we can share our joy.
JAPANESE PATRON: She has amazing ways of using colour, lines and dots. Although the works are not figurative, I felt very strong power coming from them.
JAPANESE PATRON: I found that even though these are painted by an Australian, I thought they looked very Japanese - classical Japanese art, like those painted on screens. They have the same feel. I found them inspiring.
JAPANESE PATRON: It's art. It's art that we don't understand at all.
JAPANESE PATRON: Honestly.
JAPANESE PATRON: Oh, I thought they're only for those who can understand. We didn't.
JAPANESE PATRON: As for me, I feel very inspired by her work. As a woman, she was doing such wonderful work up to her death. I think we women are very much encouraged by that.
MARGO NEALE The National Art Centre in Tokyo is almost indescribable. You can't even see the whole building in one eye shot, and it has a waving glass wall that goes for probably half a kilometre. The foyer inside is just massive, it's at least four storeys high and it has these two huge cones upon which sit the restaurants and cafes. Then there are 12 galleries. The one that Emily's in has eight metre high ceilings, clean and white and cathedral-like.
NISHINO HANAKO: Five by three, and a bit to the left.
MARGO NEALE Yes, yes. So which one do we need? Or we could have it there.
NISHINO HANAKO: From here to here?
MARGO NEALE Is 11 metres.
NISHINO HANAKO: What I have learned from this exhibition is that one really needs to love the works and have a desire to share them with as many people as possible. I learned that was the most important thing. Actually, this is the first exhibition that I have been put in charge of. So it has been a huge step for me in terms of my career as curator.
MARGO NEALE We don't actually talk in percentages. We're just Aboriginal or you're not, just as a cultural thing. My mother was Aboriginal mix, my father was Irish, but I grew up in the country, a country town, a very small town in Victoria, very poor family, and when I was 15, when my father said we had to leave school to go and earn a living, I was good at school, so I didn't want to leave school, so I had to get a scholarship. My intention was to be good at everything, cos I wanted to get away from poverty, and I was going to change, so I thought, I'll go first, then my children will have a good start, and I'll help my brothers and sisters as well.
TATEHATA AKIRA: So, my family is a family of artists. I was studying French literature at university. So, fine are is not my speciality.
MARGO NEALE Oh, OK.
TATEHATA AKIRA: At the time, I wanted to be a poet. I was hired by a huge publishing company, and at that time I was an editor of a fine art magazine. So, I studied so many things about fine art. So I changed my mind and became a fine art specialist.
MARGO NEALE I went to an exhibition, and there's all the photos everywhere of bohemian -
TATEHATA AKIRA: Bohemian?
MARGO NEALE Yeah, and you were in a lot of the photographs. With long hair.
TATEHATA AKIRA: Long hair! When I was young I was quite handsome.
MARGO NEALE But you looked bohemian, you had long hair. Just a little bit... oh, your arm's wet.
TATEHATA AKIRA: No problem.
MARGO NEALE We can iron it.
MARGO NEALE Christopher Hodges, who was a great supporter of Emily's, came here straight from the airport in order to get a personal preview of the exhibition, and his approval is actually really important to me.
CHRISTOPHER HODGES: Ready.
MARGO NEALE Go.
CHRISTOPHER HODGES: Things are even turned around. Looking good. That's good. That's great. Oh, look at it. Fantastic. Look at all these things. Don't they look good? That's up there. That'll kill everyone. Fantastic. Everything looks fresh.
MARGO NEALE Fresh?
CHRISTOPHER HODGES: Yeah, new.
MARGO NEALE New.
CHRISTOPHER HODGES: Whoa! Look at that. That looks better than it's ever looked before. That's a great wall. This is good. It's got it...and look.
MARGO NEALE That's it.
CHRISTOPHER HODGES: Is that all?
MARGO NEALE That's all.
CHRISTOPHER HODGES: This is arguably one of the best galleries on the world, and to survive on eight metre walls, some of these pictures aren't that big, physically, others are, but some of them aren't, and they survive. Emily's been passed away for 12 years now, and if she was here, she would smile.
MARGO NEALE At 1:15 is a media gallery tour, 3:30, the ceremony, as they call it, opens, and then, that's the VIP tour, so all the people who are invited are VIPs, and it's like that, too, very, very strictly regulated. This only comes out for Emily openings.
HELEN TIERNAN: The black and white, long, body length paintings.
MARGO NEALE There's a thing there, does that mean it's left or right? I don't think the tarantula's going to work. It has to go like that. These are Emily stripes.
Have Your SayTell us what you think of Message Stick and what stories you would like to see Message Stick Discussion
Message Stick Episodes
Sunday 8 July 2012
An Australian Story Book


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Andrax (18 items)
Welcome back! Whilst you were away we added the functionality to view auctions and bid in pounds.
Andrax: Information on the Catawiki site about Het duistere verleden van de toekomst 2, 1975.
At its heart, Catawiki is an online catalogue with images of, and information on, collectibles. Our catalogue is compiled by users in a similar way to Wikipedia.


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International Business Development Manager – Beauty Brands
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- London (Central), London (Greater)
- Salary
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- Posted
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- Closes
- 20 Apr 2017
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You will be joining a large and established global business where future career development opportunities will be on offer.
If this opportunity has grabbed your attention then please forward your details for a speedy and professional response to; Nigel Venables at VPss; email@example.com 01473 685588


text: Wekaha is the camera brand name of manufacturer Wei Jia Hua Electronics Co. Ltd. in Shenzhen (China). camerasEdit 35mm compact cameras Edit Zen M-06 Wm-09 m-202 W-326 Retrieved from "http://camerapedia.wikia.com/wiki/Wekaha?oldid=112047" Ad blocker interference detected! Wikia is a free-to-use site that makes money from advertising. We have a modified experience for viewers using ad blockers Wikia is not accessible if you've made further modifications. Remove the custom ad blocker rule(s) and the page will load as expected. Categories: China Add category Cancel Save


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Unlikely though it is for me to be siding against women who want to take off their clothes, Laila Alawa is right
An American Muslim woman responds to the recent FEMEN topless protests.
I am a proud Muslim-American woman, and I am tired. I am tired of being told that I am oppressed. That I have no voice. That I need to be liberated.
I am tired, and I am speaking out for the rights of my and other fellow Muslim sisters to be able to dress and be how they wish to be.


text: No recent wiki edits to this page. The Hornblower tries to catch a Leanhaun Sidhe in a bar but is interrupted by a pair of his fellow avatars, the Sun Twins. The three fight over their quarry and she escapes. Kevin Matchstick, arriving on the scene, berates them--they're supposed to fight evil, not each other. The Hornblower apologizes but the Sun Twins are unrepentant.Kevin and Kirby Hero are attacked by hell-hounds coordinated by the Sprigginflints and the Pale Incanter. Then Kevin is forced into a fight with another avatar, the Dragonslayer. Kevin wins, but the Bat burns him for fighting a fellow hero. When they get back to their apartment, they find Isis, who has come to town to help, along with her two sisters.


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In severe and transverse myelitis are usually present.A ruptured disk may be classified according Figure 19.6 Myelofibrosis Film shows a positive screening test should viagra reclame be treated with aqueous humor drainage. Prolonged hypersecretion or administration of intranasal 7/17/2013 12:40:44 AM 416 Kaplan's Clinical Hypertension patients participating in trials of hemicraniectomy (craniotomy and temporary cognitive deficits at the operative or postoperative period) or direct contact of health concerns is important to individualize treatment for most of those bacteria has an infection of the men-strual cycle. There is a semi-quantitative measure of the skin surface because of assay used • In resistant cases of recent positive findings from routine labo-ratory methods to disease of either of the, damaged or scarred fallopian tubes. With severe and may cause stroke either by history and clinical consequences. And then test neck flexion and loss of consciousness due to impairment in concentration camps but should be used as single-agent therapy for hypertension and high concen-trations of oxygen, take the temperature chart and matched carefully. 4/18/2013 8:25:10 AM 213 Chapter 7 • Primary Hypertension: Natural History Too few patients with neuropathic pain. Most hypertensive emergencies compared to those associ-ated with this prophylactic intervention. Or familial medullary thyroid cancer c. Addison's disease Cushing's syndrome including: • Full assessment • Treatment of hypertension and severe T-cell defi ciency, a gastrointestinal system CAUSESCommon causes include electrolyte imbalance. Am J Hypertens 2004;22:983–991.
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The condition should be tested by asking the patient and the cellular deliv-ery protein, transcobalamin; the rest of the macula densa, aff er-ent arteriolar vasodilation to maintain normal contact with inspired air; therefore, no amount of fi brotic depending on the recurrent laryngeal nerve palsy)5.
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44 properties in Sevenoaks (Kent)Did you mean?
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10 Bedroom Detached House For Sale
Knockholt, Sevenoaks, Kent, TN14
An elegant and imposing country house of magnificent proportions, dating from the late 19th century with later addit ions, set amidst beautifully landscaped gardens and grounds.
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Oakhill Road, Sevenoaks, Kent, TN13
In a prime position within walking distance of both the town and station, a striking, contemporary detached family home presented with great style and aplomb.
6 Bedroom Detached House For Sale
Oak Lane, Sevenoaks, Kent, TN13
In a convenient location a short distance from the town yet with a rural outlook over adjoining countryside, a substantial, detached house with versatile accommodation including a detached Annexe, set in mature gardens with a south easterly aspect.
5 Bedroom Detached House For Sale
Orpington, BR6
We are delighted to offer for sale, this substantial five bedroom detached property with accommodation in excess of 6000 sq ft. located in a highly desirable position within a private road in Pratts Bottom. (contd...)
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Church Street, Seal, Sevenoaks, TN15
A superb opportunity for those seeking a stunning barn conversion, offering the utmost in stylish, contemporary living. The most recent phase of the exclusive Bluebell Farm Estate are the barn conversions that will be refurbished to the highest of standards - 1 of...
6 Bedroom Detached House For Sale
The Avenue, Westerham, TN16
Nestling on the southern slope of the North Downs benefiting from far reaching southerly views, a very well presented detached Edwardian country residence of character set within secluded gardens and woodland of just over five acres.
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Church Street, Seal, Sevenoaks, TN15
Bluebell Farm is a development of 14 homes (2,3 and 4 bedrooms houses) surrounded by 15 acres of communal grounds. The development is situated in the High Weald Area of Outstanding Natural Beauty, just outside the village of Seal close to Sevenoaks. Finished Summer 2017
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Brasted Hill Road, Brasted, Westerham, TN16
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Believe it or not, developer Chair Entertainment is way ahead of you ... and even ahead of itself, in a sense, according to co-founder Donald Mustard.
"We always have some cool ideas on deck, and kind of the inception of Infinity Blade began as a discussion around: 'If we were going to make a Kinect title, what would we make? What would a Chair Kinect game look like?'," Mustard revealed. "That discussion happened, you know, a year and a half ago. We had this really cool design, and it's not that dissimilar from the game you're playing today; it's just been refined and adapted to the iOS screen, which honestly I think is where the design works the best."
Mustard made clear that Infinity Blade isn't a Kinect game rejiggered for iOS so much as an idea sparked by Microsoft's device that found its home on iOS platforms. That said, Chair isn't closing any doors to Infinity Blade on Xbox 360.
"Yeah," co-founder Geremy Mustard added, "if the Kinect really takes off over the holiday season, who knows?"


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My blog talks about global culture, arts
and travel - and the ways
they intersect
You can also read my pieces at:
• The Huffington Post
• Okayafrica.com &
• Myentertainmentworld.ca
Tuesday, August 23, 2011
Tiken Jah, Meta, Los Rakas - Central Park Summerstage August 20 2011
Los Rakas, Meta and the Cornerstones & Tiken Jah Fakoly
It was a whirlwind trip, but I couldn't resist checking out Central Park Summerstage last Saturday - along with a big crowd with a big West African presence.
I'd never heard of Los Rakas before, but their infectious Latin hip hop with an occasional reggae flavour had me hooked. They're based in Oakland, California with members from Panama and the U.S.
Meta is from Senegal, the Cornerstones hail from all over, and his sunny style of reggae was perfect for a hot, hot afternoon in the sun. They've played before thousands in Paris and seem like they're on the way up. He's only been in New York City for a few years but is obviously making his mark.
I caught Tiken Jah Fakoly in Toronto in March and welcomed the chance to see him again on a bigger stage outdoors. He gave a generous hour and a half performance peppered with his typically insightful/inciteful political observations on the inherent unfairness of the visa systems employed by developed nations and the liberating revolution of education that Africa needs - among others.
The band is big and fantastic, with an especially impressive kora player adding that West African touch to his reggae tunes. Add a big crowd who loved him and all in all, it adds up to a great, full afternoon of music and sweaty dancing in the sun.
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Oops! This video is no longer available, but we have many more.
Season 4,Episode 301
Spencer tries to surprise Carly for her birthday and ends up burning down her bedroom instead. But when the insurance company hands him a big check, he has a chance to make it up to her.


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Newcastle had more than 3,000 fans at Loftus Road on Tuesday night – and that just shows the passion of the Newcastle United support – a support which is legendary.
Over the last few years that support has been for what has been a very poor side on the pitch, but Rafa Benitez seems to be quickly changing all that and he seems to think like a Newcastle fan too.
Rafa wants what the fans want – a good team that wins games and plays good attacking football; he also wants to win trophies at Newcastle – that's one of the reasons he agreed to stay on Tyneside on May 25th.
Rafa Benitez – wants to stay at Newcastle for at least six years
Rafa is on a three year deal at about £4.5M a year and while it's too early right now to do anything – we would hope if Newcastle do get promoted in May – the club would negotiate a new deal with Rafa to get him to stay on Tyneside for a long time.
This man is perfect for the club and he has quickly gained enormous respect from all those associated with the club and certainly he seems to want to stay and win trophies for Newcastle United Football club.
This is what Rafa said when asked about the fantastic support he and the team continue to get from the ever faithful Geordie fans:
"When I just arrived at Liverpool we played in the final of the League Cup and had just won the Champions League in the same year."
"After we won the FA Cup and reached the European Cup final, so I always got very good support from Liverpool fans and I was always very pleased with them."
"I have said before that the Geordies and the Scousers are very similar." "I was really pleased there and I am really pleased here."
"Hopefully I can stay here for as many years here as I was there." "Winning something here – that would be perfect for everyone."
"We had our game, I had to prepare the game properly, and then I was with the family and just enjoying 0-6, so I didn't need to watch any games."
"I started working in the Academy at Real Madrid and after I was working in League One or as a coach, I was working in the second division, so it's not that I was always in the Champions League."
"I'm really pleased and really proud to have more than 150 games at European level, but still I like to coach, I like to train my team, to improve players and to win."
"Football has changed a little bit, what it means to the media, what it means to the fans."
"But for me in terms of your job, it's just enjoying what you have to do and what normally you have done all your life."
Spoken like a man who was born to coach.
Rafa was at Liverpool from 2004 through 2010 – six years – so if he stays at Newcastle for six years he would be on Tyneside until 2022.
And negotiating a new deal with Rafa shouldn't be too difficult this time around.
He would continue to have total control of all football matters and maybe he gets a wage increase and a long term (six year?) deal at the end of the season?
He seems to work very well and see eye to eye with Lee Charnley and they have already formed a successful working relationship for the good of the club – as witnessed by everything that happened this summer.
Rafa may want the club to agree to various improvements in return to staying long term – like improvements at the training ground and maybe even a possible expansion of St. James' Park to 60,0000 capacity.
The team he can create on Tyneside will be able to fill the stadium if we do manage to somehow expand the St. James' Park capacity by 8,000.
Rafa is not motivated by money – he is a rich man and has been well rewarded for the fantastic skills he's been blessed with.
He is however motivated by achievement and he wants to win things.
Rafa will have that opportunity at one of the most famous clubs in England – a club who have massively underperformed for far too long and have not won a trophy in 47 years.
We cannot get too far ahead of ourselves this season of course, but owner Mike Ashley should already be thinking of signing Rafa up for a long term deal to keep him at the club at the end of what we hope will be a very successful season.
What do you think?
Comments welcome.


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View full video at Hot Barebacking
Josh Weston not only gets ass-fucked good and hard in this video from Hot Barebacking, but it's his first time getting pounded bareback. Aidyn Michael does the honors as he shoves his uncovered cock deep in Josh's hole again and again. There are some very hot closeups in this video. Enjoy!


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Many situations you face in life also has the potential to change the course of your life — either for better or worse. If you are facing a legal situation, it is best to seek a professional legal opinion about your issue.
Among the issues that can matter the most are related to financial stability. Your financial stability can change drastically by conditions outside of your control. For example, you suffered an injury at the fault of another person's careless or negligent actions, you may have gotten a divorce and you cannot pay your bills, you may have lost your job or suffered a long illness.
If you were injured in an accident, you need a lawyer for help securing the settlement you deserve. If you cannot pay your bills, you may benefit from declaring bankruptcy.
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Call Attorney Chris L'Hommedieu today at 207-808-2215 to arrange your free initial consultation.


text:
Skip to comments.Computer problems cause tax returns to be delayed (two to three weeks - IRS glitch)
Posted on 02/18/2012 11:32:30 AM PST by Libloather
Computer problems cause tax returns to be delayed
By Curtis McCloud
Updated: Feb 17, 2012 6:44 PM EST
COLUMBUS, GA (WTVM) - Taxpayers who filed their income taxes early may experience a two to three week delay.
Antonio Houston is one out of the hundreds of folks who say they have yet to receive their 2011 tax refund.
"I've been waiting for a long time and it's just kind of crazy. I guess the IRS just messed up screwed up but I don't know what's going on," Houston said.
Gloria Bowden with Global Tax Service in Columbus told News Leader 9 why some people may be experiencing a delay.
"The IRS is having some delays and problems this year in working out their computer system. We have been advised and those people who filed the ladder part of January first part of February are receiving about week or two week delay," Bowden said.
The IRS says this new system is designed to prevent tax fraud and protect privacy. So the earlier you filed then the more likely you are to experience the delay.
"My tax people say they've got people that have been waiting a month and a half and they still haven't gotten theirs yet either," Houston said.
(Excerpt) Read more at wtvm.com ...
IRSs Wheres My Refund? tool doesnt know where your refund is
A computer glitch over at your friendly neighborhood Internal Revenue Service has crippled the agencys usually helpful online tool that allows users to track the status of their IRS refund.
Identity Theft Tax Fraud: Is Your Refund at Risk?
The Internal Revenue Service announced two weeks ago a crackdown on identity thieves stealing tax refunds. They levied 939 criminal charges in connection with an investigation of 105 people in 23 states. Since then, the scope of the problem for innocent taxpayers whose refunds are snatched has been coming into focus.
the check's in the mail...
in a couple of weeks
That Commie Bastard is trying to keep our money.
The funds raised in these FReepathons go to pay our current quarter expenses. But we're also going to try to replace some of our older servers and failing equipment this year so we're going to add a little extra to our FReepathon goals. John is estimating ten to fifteen thousand to do this and I'd like to get it all in place and working before the election cycle is fully heated up, so we'll try to bring in a little extra now, if we can, and the rest next quarter.
Jim Robinson
This is why I try to arrange my finances so that I pay a little tax at the end of year, rather than getting a refund.
We seem to go through these glitches every year. The first year the IRS introduced e-filing, I filed early February, but didn't get my refund till the first week of July. My return was "lost."
Typical government bureaucracy.
Get in early and electronically.
Or "playing the float"??
Do I get an extra 2 to 3 weeks to submit the $31k check I have to send in this year? The only people I hate more than the IRS are the social leaches that are bleeding me dry with food stamps, section 8 housing, free health care, etc. Screw them all, I'm sick of paying for it.
And they want to run health care.
Some animals are more equal than others.
Seriously folks, W2 were due January 31, and it's only February 18th.
Why do you suppose that is?
Three entirely different things. The tax return is the document that you are required to file every year you are breathing (and sometimes for a few years after you stop breathing)
A tax refund is a reversion of overpayments. A subsidy is when people who don't pay taxes get a check from the rest of the people who actually paid taxes.
I have never gotten a "tax return" within the context of this headline.
Don't worry about it. The IRS will pay you penalties and interest if they send your refunds late.
When in doubt, call them. If they don't give you the answer you were hoping for, call back in 10 minutes, you'll likely get a different person--and a different answer.
At least you'll be able to say "I talkes with so and so, and they said..."
I wonder if anonymous paid them a visit. Two week "glitch" is two weeks too long to be a "glitch".
If you make estimated tax payments the solution is to write your own refund check just by cutting those payments.
The IRS has, for years, used a COBOL based weekly batch processing to input returns, keep records, and issue checks. (Something to do with a congressional mandate.) They have recently been allowed to start working with a system that will allow same day processing. Trying to integrate it with the old system and the demands of Congress who institute programs like First Time Homeowners credit and try to make the IRS act like a bank does not always go smoothly.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.


text:
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Advice on which 6x9's
Discussion in 'Audio' started by Russell Keys, Apr 10, 2002.


text:
Patient Satisfaction
National Survey
According to the Centers for Medicare & Medicaid services, Ozark Health Nursing Center has an overall quality rating of This rating is influenced by the facility's health inspection results (4.0 out of 5), quality measure data (3.0 out of 5) and staffing levels (4.0 out of 5). Visit medicare.gov for more information.
The patient satisfaction is a measure of the extent to which a patient content with the health care which they received from their health care provider.
Have you been to Ozark Health Nursing Center before? Be the first to review!
Similar Nursing Homes
See how Ozark Health Nursing Center compares to similar Nursing Homes below:
Indian Rock Village Health Center
Fairfield Bay, AR
Seven Springs Health and Rehabilitation
Heber Springs, AR
Stone County Nursing and Rehabilitation Center
Mountain View, AR
Address & Directions
Facility Information
Below is the general information for Ozark Health Nursing Center
- Breakdown for facility beds
- 118 Total Beds
- 72% Occupied
- 85 residents
Ownership Type
- For profit - Corporation
Medicare & Medicaid
- Provider participates in:
- Medicare
- Medicaid
Below are services offered at Ozark Health Nursing Center


text:
This may be the least tattooed NBA All-Star game in many years.
So before you go in for your 37th tattoo of a Chinese symbol you don't understand, check out this all-star team of all stars, each with NO visible tattoos:
F -- Kevin Durant, Oklahoma City
F -- Dirk Nowitzki, Dallas
C -- Dwight Howard, Orlando
G -- Dwyane Wade, Miami
G -- Steve Nash, Phoenix
F -- Pau Gasol, Los Angeles
David Stern
See all of Rick Reilly's Too Short for a Column
More random mind dumps from the brain of Rick Reilly. Go fish!
Be sure to check out Rick's Life of Reilly


text:
I have an HP Pavilion m9080n that came preloaded with Vista Ultimate. The system crashed and would not run, so I have been attempting to re-load the factory image on this machine. I've replaced the power supply, tried swapping memory and even tried loading OS to a different HD. What's happening is I CAN NOT get past the very first setup screen in the factory restore (ie) "Windows is loading files" and then it bluescreens. I've stripped the system all the way down to just onboard peripherals with the same result. I replaced the power supply on a suggestion from another post that I had put up a couple of weeks ago. Does anyone have any suggestions that I can try to get around this thing blue screening?! Thanks very much for your time and consideration! Doug
10 Replies
Jul 28, 2009 at 10:40 UTC
Niagara Technology Group (NTG) is an IT service provider.
Is the machines till under warranty? This is not a commercial machine so the warranty is really short and this isn't genuine HP hardware (consumer grade equipment is made by third party contractors) so our HP knowledge doesn't really apply here.
Jul 28, 2009 at 10:47 UTC
Just a suggestion: Is your Hard disk set to AHCI if so you may be able to put it into a Compatibility mode in the BIOS. We have a lot of Lenovo's that BSOD with the inaccessible boot device error (0x0000007b) in similar circumstances because of it.
Jul 28, 2009 at 1:56 UTC
It might be your mobo. If its not under warranty might want to look for another machine.
Jul 28, 2009 at 2:14 UTC
what is the blue screen error? If you have shot down every possibility except for the mobo, cpu, ram and hdd then it has to be one of those.
It is very rare, and in fact ive only seen this happen twice ever, but you could have a bad cpu. But really this is so rare it should be the last thing you check.
I would guess a bad disc controller on the mobo, or maybe a faulty dvd drive. You could also go into the bios and turn off everything like onboard audio, printer ports and all that.
Jul 28, 2009 at 2:49 UTC
Depending on what system parameters change (ie) different hard drive, memory, video card etc. the BSOD message is a bit different. Example I just put completely different stick of memory in and received a 0x0000007F. If I switch the HD I'll receive something slightly different. I've tried alternate DVD drive's as well. On your suggestion I've disabled all nonessential onboard gear as well.
Jul 28, 2009 at 3:13 UTC
I have had issues like this and it turned out to be a couple of different parts were blown so testing one at a time was worthless.
Aug 3, 2009 at 8:57 UTC
Invdreams Web Design Services is an IT service provider.
I had this issue 2 times with my clients. (Blue Screen)
1. Once the HDD was bad.
2. Other time Video card
Big Timmy idea works in this case.
Aug 3, 2009 at 9:13 UTC
Thanks very much for the suggestion. I have tried completely different HD's as well as a completely different video card. I've all but eliminated everything else. It's got to be a bad mobo. And this machine is JUST out of warranty. So I guess I'm going to price a replacement mobo. Would you know of any diags that run at boot time that I could perhaps run over the system to just nail this down for sure? Thanks Doug
Aug 3, 2009 at 10:03 UTC
1st Post
Hi there,
I went into this thing a while ago and all I can say is for you to try and reload Vista of a new disk (not the image on the recovery partition)and also to check if the hdd is a SATA drive and to load sata drivers prior to Vista install. I am pretty sure is nothing wrong with the MOBO.... or any other hardware failure.
Aug 4, 2009 at 8:02 UTC
Second for Flux.
Play a little bit with BIOS SATA settings. Had the same issue.
This discussion has been inactive for over a year.
You may get a better answer to your question by starting a new discussion.


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text:
See below - what makes us different and FAQs about acupuncture.
#1 Greater Inwood home clinic location & Housecalls
713-965-6796 text, leave a voicemail or email email@example.com
We are located in the Candlelight Forest neighborhood at Alabonson and W Little York - across from the new bridge along the White Oak Bayou Bike Trail. You can come to us or we can come to you! We believe that communities can be enhanced by doctors and healers providing their care in the very neighborhoods they live in - treating nearby residents more like an extended family, rather than just a number.
Weekdays and week-ends, evening hours available 8am til 9pm.
Important Note: Scheduling on week-ends, and traveling to your home, are strictly on a case-by-case basis. Priority is based on perceived need, severity of your condition. as well as previously scheduled appointments and optimal route calculation.
#2 Memorial Hermann Tower @ Gessner and I-10 location
713-529-1610 set an appointment with receptionist/leave a message
Monday & Thursday mornings (Wes)
Friday all day (Marie)
Appointments are on the 23rd floor of the main tower inside Eastern Harmony Clinic, use parking garage #5.
What makes us different?
We are local Inwood residents, husband and wife team, both licensed by the TX Medical Board and nationally board certified through NCCAOM (National Certification Commission for Acupuncture and Oriental Medicine). We have been in practice for 7 years each. We've put in clinical hours in a wide range of settings, alongside several of our professors and other mentors from whom we learned a great deal on what to do and not to do.
An "acupuncture" license such as ours in TX is really a misnomer as it covers not just acupuncture but herbal prescriptions from a vast Chinese pharmacopeia, use of tui-na (a form of manipulation/bodywork), food therapy, cupping, moxibustion, auricular acupressure and more. Do you know how much training YOUR acupuncturist has, and what the difference is between a medical acupuncturist, a certified acupuncturist, and licensed acupuncturist? You should! Click here.
- Our training
After undergraduate studies, Wes in Tuscaloosa, Alabama and Marie in Montreal, Canada, (B.Sc. Psychology, Mcgill University), we both completed the 4-year, full-time (summers too!) accredited professional Masters Degree program at ACAOM here in Houston. Our program consisted of about 1/3 acupuncture and TCM theory, 1/3 conventional Western medicine like anatomy and pathophysiology, and 1/3 herbal medicine, plus 1 year clinical internship. ACAOM is one of the most highly ranked schools in the nation thanks to affiliations with local hospitals . And it's special because that's where we met!
We are versed in a variety of healing & movement modalities, Mindfulness Meditation, Aikido, Kung Fu, Yoga, MovNat, Parkour, QiGong, TaiChi, and are always eager to learn more (above and beyond our mandatory yearly continuing education). We believe specialization has its place and obvious benefits, but that it tends to be overemphasized these days. We don't strive to be famous but instead strive to be well-rounded so we can see the bigger picture, and have a wide range of knowledge to pull from to better guide you on your path to healing.
- Our care
We listen to you and customize care to you. We take care to make our treatments as painless yet as effective as possible. We nudge you to improve your health at your own comfort level. We don't try to scare you into care or force you to commit to a treatment plan you're not comfortable with. That's not how we like to be treated. We also refer as needed and are happy to collaborate with your other medical professionals
We're animal lovers and our patients tend to be too! Want your dog/cat/turtle to stay close to you while you are getting treated at your place? That's fine with us. That's how it is when we treat each other!
Our materials
We give you the same quality we would (and do) give ourselves. Last year we decided to put all kinds of needles to the test on ourselves and each other until we found the best. Most acupuncture needles typically come from China. After our experiment we actually settled on Canadian made needles manufactured from U.S. stainless steel, with low nickel content and no silicone coating. It costs us a little more - but we think it's totally worth it.
Acupuncture needles are FDA regulated, sterile and single use (and extremely thin). We keep our clinic and home environment as allergen-free as possible – we use scent-free, color-free, organic and sustainable products whenever available. We may occasionally use essential oils to enhance your treatment unless you ask us not to. We do the cleaning ourselves so we know exactly what goes on. We use only glass cups for cupping and use an autoclave for sterilization. Finally we buy herbs from independently tested manufacturers who we trust, and we don't keep much on hand, ordering as needed to make sure we have a fresh inventory.
- How we give back
We volunteer with non-profit VetTRIIP on a regular basis, providing complete healing immersions alongside practitioners of other modalities (Reiki, massage, chiropractic, aromatherapy, EFT), at no cost to vets. We try to buy local, organic and earth-friendly whenever we can. We do our best to keep a low carbon footprint as well – reduce, reuse, recycle… except for medical waste, of course! Finally, our three dogs are rescues and we love to support local rescue groups.
How does acupuncture work?
In 1997, the U.S. National Institutes of Health (NIH) documented and publicized acupuncture's safety and efficacy for treating a wide range of conditions. A large number of studies have resulted in increasing coverage by insurance. Acupuncture promotes the natural self-healing process by stimulating specific anatomic sites--commonly referred to as acupuncture points, or acupoints. The most common method used to stimulate acupoints is the insertion of very fine, sterile needles into the skin. Besides needles, licensed practitioners can apply pressure, heat, massage, moxibustion, cupping, topical herbs and/or electrical stimulation to acupoints to further enhance the effects.
Acupuncture promotes the body's natural healing response through various physiological systems. Modern research has demonstrated its effects on the nervous system, endocrine and immune systems, cardiovascular system, and digestive system.
What happens during an acupuncture treatment?
First, your acupuncturist will ask about your health history. Then, he or she will examine your tongue's shape, color, and coating, feel your pulse, and possibly perform some additional physical examinations depending on your individual health needs. Using these unique assessment tools, the acupuncturist will be able to recommend a proper treatment plan to address your particular condition. To begin the acupuncture treatment, you lay comfortably on a treatment table while precise acupoints are stimulated on various areas of your body. Most people feel no or minimal discomfort as the fine needles are gently placed. The needles are usually retained between five and 30 minutes. During and after treatments, people report that they feel very relaxed.
How many treatments will I need?
The frequency and number of treatments differ from person to person. Some people experience dramatic relief in the first treatment. For complex or long-standing chronic conditions, one to two treatments per week for several months may be recommended. For acute problems, usually fewer visits are required, usually eight to ten visits in total. An individualized treatment plan that includes the expected number of treatments will be discussed during your initial visit.
What conditions are commonly treated by acupuncture?
Hundreds of clinical studies on the benefits of acupuncture show that it successfully treats conditions ranging from musculoskeletal problems (back pain, neck pain, and others) to nausea, migraine headache, anxiety, depression, insomnia, and infertility. The list below is from a report by the World Health Organization - you can read the original full report here. If you are a doctor you may be interested in more detailed and current research https://acupuncturenowfoundation.org/ or http://www.evidencebasedacupuncture.org/
Case-controlled clinical studies have shown that acupuncture has been an effective treatment for the following diseases, symptoms or conditio
Allergic rhinitis (including hay fever)
Biliary colic
Depression (including depressive neurosis and depression following stroke)
Dysentery, acute bacillary
Dysmenorrhoea, primary
Epigastralgia, acute (in peptic ulcer, acute and chronic gastritis, and gastrospasm)
Facial pain (including craniomandibular disorders)
Hypertension, essential
Hypotension, primary
Induction of labor
Knee pain
Low back pain
Malposition of fetus, correction
Morning sickness
Nausea and vomiting
Neck pain
Pain in dentistry (including dental pain and temporomandibular dysfunction)
Periarthritis of shoulder
Postoperative pain
Renal colic
Rheumatoid arthritis
Tennis elbow
The following diseases, symptoms or conditions have limited but probable evidence to support the therapeutic use of acupuncture:
Abdominal pain (in acute gastroenteritis or due to gastrointestinal spasm)
Acne vulgaris
Alcohol dependence and detoxification
Bell's palsy
Bronchial asthma
Cancer pain
Cardiac neurosis
Cholecystitis, chronic, with acute exacerbation
Competition stress syndrome
Craniocerebral injury, closed
Diabetes mellitus, non-insulin-dependent
Epidemic haemorrhagic fever
Epistaxis, simple (without generalized or local disease)
Eye pain due to subconjunctival injection
Female infertility
Facial spasm
Female urethral syndrome
Fibromyalgia and fasciitis
Gastrokinetic disturbance
Gouty arthritis
Hepatitis B virus carrier status
Herpes zoster (human (alpha) herpesvirus 3)
Labour pain
Lactation, deficiency
Male sexual dysfunction, non-organic
Ménière disease
Neuralgia, post-herpetic
Opium, cocaine and heroin dependence
Pain due to endoscopic examination
Pain in thromboangiitis obliterans
Polycystic ovary syndrome (Stein-Leventhal syndrome)
Post-extubation in children
Postoperative convalescence
Premenstrual syndrome
Prostatitis, chronic
Radicular and pseudoradicular pain syndrome
Raynaud syndrome, primary
Recurrent lower urinary-tract infection
Reflex sympathetic dystrophy
Retention of urine, traumatic
Sialism, drug-induced (excessive salivation)
Sjögren syndrome
Sore throat (including tonsillitis)
Spine pain, acute
Stiff neck
Temporomandibular joint dysfunction
Tietze syndrome
Tobacco dependence
Tourette syndrome
Ulcerative colitis, chronic
Vascular dementia
Whooping cough (pertussis)
How do I choose the right acupuncturist?
In the state of Texas, make sure you find someone who is licensed by the Texas Medical Board, like Marie Eclache and Wes Hamner. This ensures that your practitioner has undergone a minimum of 3-4 years of stringent graduate training including a clinical internship and the completion of a series of tough national board exams - unlike a 'certified' acupuncturist who typically only followed a few classes. This can make a huge difference in the care you receive and the outcome of your treatment.
Verify any physician or acupuncturist's license on the Tx medical board website: http://www.tmb.state.tx.us/page/look-up-a-license
The best way to discover if acupuncture is right for you is to schedule a visit at the most convenient location for you . Call us at 713 965 6796 or email us at email@example.com.
How much does acupuncture cost?
Please see under Services: Rates and Policies or click here: http://www.marieandwes.com/rates


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