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19 May 2011 7:01 AM #1
Preview in browser command uses system default browser
The File > Preview in browser command will open in Firefox, if that is set to the default browser on the computer.
The animations obviously don't work in Firefox. Could this command check if the default browser is set to a Webkit one before opening?
19 May 2011 8:30 AM #2
Thanks for the feedback. We'll look into it.
19 May 2011 8:38 AM #3
In the meantime, on OS X it looks like the preview in browser URL stays constant, so if you copy the url and use it in a webkit browser then all you have to do is to reload the page in the webkit browser after you do a "preview in browser". Definitely not as nice of a workflow, but might help slightly.
19 May 2011 8:56 AM #4
Yeah, it does help slightly.
I've just worked out that you still have to Preview in Browser, even after saving a change, before the page at the URL is updated. I quickly end up with a lot of tabs in Firefox!


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Question 1: Given a smooth Riemannian surface $M$ in $R^3$ (i.e., a smooth Riemannian 2-manifold embedded in $R^3$) and a diffeomorphism $f: M\rightarrow M$ of class $C^{k\geq 2}$, does $f$ admit a smooth extension $\tilde{f}$ to all of $R^3$? If not always, then are there sufficient conditions?
Question 2: If the answer to Q1 is affirmative, then given two diffeomorphisms $f,g: M\rightarrow M$ of class $C^{k\geq 2}$ which are close in the $C^2$-topology, can we find extensions $\tilde{f}, \tilde{g}$ which are also close in the $C^2$-topology?
Edit 1: I should add that $M$ carries the induced metric (from $R^3$).
Edit 2: We can ask a more general question. Say $M$ is a smooth Riemannian $m$-manifold. Embed $M$ in $R^N$ isometrically. Say $f: M\rightarrow M$ is a diffeomorphism of class $C^k$. Can we extend $f$ smoothly to $R^N$?

subset: commoncrawl


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Suppose I have an operad $P(n)$ in topological spaces in the sense of the book by Markl, Shnider and Stasheff, i.e. there is no space $P(0)$. In agreement with some of the answers to this question, I will call such an operad unreduced.
Let $H$ be an infinite dimensional separable Hilbert space. Then an example for $P$ would be
$$ P(n) = Iso(H^{\otimes n}, H) $$
the linear isometric isomorphisms from $H^{\otimes n}$ to $H$. There is no obvious candidate for $P(0)$ (since we insist on isomorphisms, $P(0) = Hom(\mathbb{C},H)$ will not work).
It is still possible to talk about unreduced $E_{\infty}$-operads in this case. But now it is less clear (at least to me) that I can deloop a space, which is an algebra over an unreduced $E_{\infty}$-operad. Hence my question:
Let $X$ be a space, which is an algebra over an unreduced $E_{\infty}$-operad $P$, such that $\pi_0(X)$ is a group. Is $X$ an infinite loop space?
If this is not true:
Are there conditions on the space or the operad (other than that it can be reduced) to ensure that $X$ is an infinite loop space?
Using the bar construction by May, I think this would correspond to the question, whether I can drop degeneracies and still get a delooping.


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Dragon Age: Origins - Return to Ostagar
Return to Ostagar, BioWare's next thread in the Dragon Age: Origins tapestry, summons players to a new quest in which they will return to the fateful battleground in Ostagar where the Grey Wardens were nearly wiped out. Players will discover King Cailan's top-secret political agenda and go behind enemy lines to revisit a place that many feared had been lost to history.
If you're stuck in Dragon Age: Origins - Return to Ostagar, ask your fellow GameFAQs members for help.
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Sign up for our mailing list and learn how you can help us win the battle against unnecessary killing of cats. Sign up now »
Home / What We Do / Promote Humane Care / Campaigns / Los Angeles
Background on the Case »
Get the Facts about the Ruling »
The Flawed Argument »
Our Work in Los Angeles »
Cats and Caregivers Feeling the Loss of City Support in L.A. »
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A recent court order has suspended city funding and promotion of Trap-Neuter-Return programs in Los Angeles – and we need your help to get it back.
Before the court order, Los Angeles – like many progressive communities across the U.S. – had embraced Trap-Neuter-Return. For the past fifteen years, the city provided low-cost spay/neuter vouchers that helped to support and sustain many community Trap-Neuter-Return programs.
Due to a disappointing decision by a county judge – based on a lawsuit that never should have been filed – L.A.'s Trap-Neuter-Return programs are in jeopardy. Under the court ruling, the city cannot even tell the public that privately funded programs are available . This simple act will push more cats into a failed sheltering system, where the vast majority – 70 percent or more, nationally – are killed.
Feral cats are a natural part of the landscape, and have co-existed with humans - living in close proximity - for thousands of years. They can be found all over the U.S. in every setting – including the most urban, like Los Angeles. Feral cats are not socialized to people, preferring to live in family groups called colonies. While they are the same species as domestic cats, they are not adoptable and are almost always killed in animal shelters.
Trap-Neuter-Return is the best course of action for feral cats. It ends the breeding cycle, stabilizes populations and improves the cats' health.
Alley Cat Allies will not let this terrible decision – and the faulty logic it is based on – stand unchallenged. We have been in close and frequent contact with our colleagues, supporters and friends in Los Angeles, helping them to ensure that spay/neuter funding for L.A.'s feral cats and Trap-Neuter-Return education is reinstated as soon as possible.
Print and post the Los Angeles Cares about Cats poster to show your support for L.A.'s stray and feral cats!
Support our work for cats in Los Angeles and across the country »
Alley Cat Allies Press Releases
February 8, 2010 • Disney XD Star Joins Campaign for LA's Feral Cats. Read more »
January 8, 2010 • Alley Cat Allies Tracks Developments in Los Angeles Decision on Trap-Neuter-Return. Read more »
December 8, 2009 • Alley Cat Allies Calls on California Court to Reverse Decision on Trap-Neuter-Return. Read more »


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LoTekk News
This parrot is dead!
Sep 7th 2006 Ok ... so, that's that, I believe. I haven't been updating this site for ages now and I doubt I ever will. I seem to have slept through most of the recent web hypes but now ... I finally decided to give blogging a try.
This site shall serve as a memorial for the time being -- see you over at http://chrome.lotekk.net instead!
Oh well ....
Jan 27th 2006 Uhh .... yeah ... still here, I guess. Don't expect any updates anytime soon, though. Why don't you just sit down for a little meditation? You may want to watch the tumbleweed pass by, too.
Enjoy! ;-)
April 14th 2004 Well, yes, I'm still here, though I hardly find enough time to do the desperately needed overhaul of these pages. In the meantime (in February to be precise) our second son has been born (does that count as an excuse?) and my spare time to spend on the website maintenance has been reduced to close to zero. :-)
Anyway, I'll try to look through the software recommendations and the links section for a start. Oh, and, yes: I fixed "The Register" news page. :-)
Have Fun!
The Golf is on fire ...
July 15th 2003 Our beloved Golf (AKA "Rabbit") died last Saturday. For no apparent reason the car (ironically a '91 "Fire and Ice" GTI special edition) suddenly caught fire. When the fire brigade arrived roughly 20 minutes later all they could do was testify its premature death.
Or to put it with Monty Python:
"It's not pining, it's passed on. This rabbit is no more. It has ceased to be. It's expired and gone to meet its maker. This is a late rabbit. It's a stiff. Bereft of life, it rests in peace. It's run down the curtain and joined the choir invisible. This is an ex-rabbit."
See pictures from the wake here: http://www.lotekk.net/golfdead
FI-NA-LLY! The new design is here!
Apr 13th 2003 Quite a change compared to the old layout, it took longer than I thought -- basically because I hardly had any time to spend on this page AT ALL plus the fact that I was originally planning to add some more content with the relaunch.
I've got a couple of user-sent splash screens lying around, I *PROMISE* to upload them in the next couple of days!
I hope you like the new (table-less!) design as much as I do, drop me line and tell me what you think!
You would not believe it!
Nov 9th 2002 Well ... quite some time passed since the last update and there's not SO many news here. Probably except the fact, that I've been hacking a quick'n'dirty web-admin interface for the news section, so hopefully I'll be able to keep in touch with this place more frequently.
There's some more things: We actually CAN hyperlink here now! Don't believe it? Guess what, I had this in my mail today and thought you might like it: Here's what Fyodors NMap would look like, if it'd been done by microsoft: http://www.counterhack.net/base_clippy_image.html :-)
Updates on the mozilla section
July 27th 2002 I did not change too much recently: Added a "change-splash-screen-for-Mac" part and two new splash screens. I tried to do some work on the search engine, but unfortunately I can't spare enough time to make this darn thing work :-)
Vote on the mozilla splash screens
June 29th 2002 Feel free to skip this if you're not interested in "The Mozilla Project" :-)
For the rest of us: As you know there's that everlasting "new splash screen for mozilla" discussion going on in the newsgroups -- so I decided to collect some splash screens from around the web and put them up here.
Unfortunately I ran out of time today, do there are a few things left to do:
* give proper credit to the splash screen designers (at least for those that I know of)
* put up the instructions on how to change the splash screens somewhere
* explain why there are no "cute green lizard" versions
So feel free to start voting on these goodies or -- even better -- send in you own (as long as they don't contain green lizards, that is)
No more .GIFs!
May 30th 2002 I finally took the time to get rid of all .GIFs on this site today! Why? Simple: Unisys holds a patent on "LZW", a data compression method used (amongst other things) to generate .GIF images.
Unisys is trying to charge "A one-time payment of $5,000.00 U.S. for each license agreement (limited to two servers at each licensed Web site)" for the use of .GIF files.
Call it outrageous, cheeky or just plain dumb --- but as the GIF format sucks anyway, it's just small step to convert the graphics to PNG (Portable Network Graphics).
You should not see any difference here (hit reload if you do), apart from the page loading a little bit faster as PNG compresses slightly better than GIF.
And *if* I finally manage to make the news articles hyperlinkable, you'll be able to click on this (non-) link (http://burnallgifs.org/) and learn about the whole story.
Ah, as we're at it: there one small drawback: The "latest pictures" page is a little messed up by now, as it shows the converted PNGs as latest additions now ...
Minor improvements
May 25th 2002 No big deal really, but FINALLY I managed to polish the thumbnail engine a little bit -- as in: we STORE the thumbnails now (call it a thumbnail-cache if you like) instead of generating new pictures on the fly for every single page visit ... :-)
So, no need for my ISP to go out and buy a new webserver (hey? how 'bout an xbox-linux-cluster? *eg*) ... unfortunately this ALSO means that I will probably not get nominated for next years web-app-award, category "Most wasteful and disgusting programming technique" anymore.
Still, this should be a noticeable performance improvement on all pages containing thumbnails for all you high-bandwidth people out there -- try it at the new "pictures sorted by votes" page :-)
Not too much too say ...
Apr. 25th 2002 As I've been pretty busy lately, there's no updates here really. I just uploaded a bunch of new pics today -- so go on and VOTE on the funnies :-)
Easter give-away: Free passwords for all!
Mar. 28th 2002 I got an easter present for you: Go and generate as many passwords as you like! "Passwords?" you say ... Yes, passwords. NICE passwords one might want to add. And as many as you like.
I first thought I go and get my password generator patented --- to henceforth sue everyone who keeps using passwords without paying proper license fees to me. :-)
But: NO! I've decided to give them away FOR FREE (make $$$ fast! increase your ...)
Check out "Techstuff / Password Generator" on the left and have fun playing with those goodies.
(Mental Note: Make news text hyperlinkable some day, this is annoying!)
Software section checked, updated --- and translated
Feb. 23th 2002 I've been translating the software section today and took that chance to check the links and update them. I kicked some outdated stuff and added a few new links (check out 'etherape'!) - Many thanks to Whilor for the inital hints for broken links :-)
And you might want to have a look at some new text additions in "funnies". There a some new pics as well, but you'll have to find out for yourself, as I don't have a way to link to anything here in the news (which I tend to find annoying in a way)
Ah, and BTW: The "links" section is called "bookmarks" now to make it to the point.
[mental note: implement a "what's new" or "recent additons" box right here, make news-engine generate hyperlinks]
And YES, it seem to be true: Them lycos morons really took down ftpsearch -- the joys of a commercial internet, I should go and sign up at AOL finally ... :-/
Wooohooo ... the picture voting booth!
Feb. 17th 2002 Here we go, all the funny (?) pics are back online and I want YOU to vote on them. Just go check it out (funnies/pictures)!
You'll need to have cookies enabled for the voting booth. I didn't really bother figuring out any sophisticated anti-cheating mechanisms, so I'll have to ask you to play fair. :-)
New contributions or any other feedback always welcome.


text: This is a dessert I had years ago at a potluck. It was so amazing it was gone in a matter of minutes and so I was desperate to know the recipe. I scoured the internet but I wasn't really sure what it was called and so it was hard to nail down what was… Read more »


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UPGRADE: Please report anything out of the ordinary post-upgrade in this thread: http://www.orthodoxchristianity.net/forum/index.php/topic,66430.new.html
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Christ's headship over the Church is not enough; plan hiring an assassin.
Lady Gaga
Bob Marley and Ancient Faith Radio
Big Bad John - In memory of country music star Jimmy Dean (born Seth Ward), who departed this life today at 81. May his memory be eternal!
What am I listening to these days? World Cup 2010.
I...want... to be wrong.
Our 2 kids have converted from Sesame Street fanatics to Yo Gabba Gabba fanatics, so I finally get to say goodbye to Elmo and welcome The Shins and Of Montreal... hurrah, kiddie music I can tolerate!
Some classic Olivia Newton-John, back in her country music days:If You Love Me, Let Me KnowLet Me Be There
THE MYSTIC: Forward With JAH Orthodoxhttp://www.youtube.com/watch?v=GxxBrDn9oYQSelam
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These notes have expanded and changed upon every release. Carefully consider each step as you make it. Look for opportunities to improve. Also, update these notes immediately following a release.
Check whether there are outstanding issues which should be finished before the release: [ ] Announce the timing for the release on the webware-devel mailing list. [ ] Browse through the tracking systems on the Webware project page at SourceForge. There are tracking systems for "Bugs", "Patches" and "RFE". The SourceForge task manager is currently not used. [ ] Search for @@ (to do) markers in the code and docs. [ ] Browse through WebKit/Docs/Future.html [ ] Check for compliance with Docs/StyleGuidelines.html by running bin/checksrc.py or using pylint with PYLINTRC=/path/to/Webware/.pylintrc
Test the current version before releasing it: [ ] Run install.py and check that the installation runs properly. [ ] Run all unittests using AllTests.py. [ ] Run other standalone Python test suites not included in AllTests.py. > cd SomeKit/Tests > python Test.py See MiddleKit/Tests/ReadMe.text for more information on MiddleKit tests. [ ] Run the WebKit AppServer and check that the default contexts (Admin, Examples, Docs etc.) are working. [ ] Check that all links in the Docs context are working. [ ] Check the various tests in the Testing context. [ ] Run some stress tests using the tool in WebKit/Tests/stress (check with different parameters, particularly setting slowconn=1). [ ] Run the twill test scripts in WebKit/Tests/twill. [ ] Make sure that wkcgi, mod_webkit1, mod_webkit2, and all other important adapters can be compiled, linked and used without problems. If there have been changes, provide binaries for Windows users and adjust the version number in mod_webkit.c to the Webware version. [ ] Run the above tests on all supported Python versions (currently these are Python versions 2.4 to 2.7 and also PyPy) and on different platforms (e.g. various flavors of Linux, MacOS, Windows).
[ ] Make sure the workspace is up to date. [ ] Update the release notes: * Search webware-discuss and webware-devel archives for "update" in the subject, since the date of the last release. * Browse the subversion log messages, starting with the date of the last release. * Remove all empty subsections in the release notes. Remove subtitles if there is only one category. [ ] Update the HTML pages that are created from reStructuredText (currently these exist only in the folder WebKit/Docs). * Docutils 0.10 must be installed. (Since we don't want Webware to depend on Docutils, the HTML pages come shipped with the Webware package, and are not created by the Webware installer.) * Run the following commands: cd WebKit/Docs python ../../DocSupport/buildhtml.py * check the produced HTML pages The installer will later modify these HTML pages to display the same header and footer as the other HTML pages. [ ] Make sure there are no empty directories or zero length files (such as __init__.py). Old unarchivers often ignore these, leading to problems for users. The following command can be used for this: > find . -name '.svn' -prune -o -empty -print [ ] Skim through docs and release notes one final time. [ ] Commit all changes in the workspace.
[ ] Choose an appropriate version number for the release. Releases often go alpha 1, alpha 2, beta 1, beta 2, release candidate 1, release candidate 2, ... with suffixes a1, a2, b1, b2, rc1, rc2 as in 0.6.1b2. [ ] Tag the version in the SVN repository. The tag name should be "Release-VER", with underscores instead of dots in VER. Look at the existing tags to make sure your new tag is of a suitable style. The command for creating the tag would be like this: > svn copy http://svn.w4py.org/Webware/trunk \ http://svn.w4py.org/Webware/tags/Release-0_9b3 \ -m "Tagging version 0.9 beta 3 of Webware for Python." [ ] Switch your working copy to the newly created tag: > svn switch http://svn.w4py.org/Webware/tags/Release-VER [ ] Update all version numbers using bin/setversion.py: * Edit bin/setversion.py and set the following parameters: - version = the version number of this release - releaseDate = the release date - setVersion = True - newRelease = False * Run bin/setversion.py - this will change the version in the Properties.py files and the .txt and .html doc files, and it will rename ReleaseNotes-X.Y.phtml according to the version set above. * Make sure all the version numbers and release dates have been set properly, particularly in the Properties.py files. The .phtml doc files will be converted to .html at install time and take the version number from the Properties.py files. [ ] Update the HTML pages that are created from reStructuredText. This must be done to reflect the version number in the HTML pages after it has been set in the preceding step. See above for this procedure. [ ] Commit these changes on the workspace to the tag in the repository. Your SVN client may warn you to do so on a tag path, ignore this. From then on, the tag in the repository should not be touched any more (this should be really a tag only, not a branch).
Note: This must be done on Unix. Otherwise, Posix permissions may get lost and you may get problems with wrong EOL characters. [ ] Use ReleaseHelper to create the release. This performs a SVN export of the repository to create a directory without the SVN control files, and then builds a tarball from that directory. For instance, for creating the 0.9 beta 3 tarball: > bin/ReleaseHelper.py tag=Release-0_9b3 If you specify the tag name, the tarball is built using the revision information found in the release. Otherwise the tarball is built and named with the current date indicating a snapshot build. See the docstring and code of ReleaseHelper for the details. Following these procedures assures that the SVN tagged version is what is actually in the released tarball. Using the option pkg=zip, you can also build a zip archive instead of the tarball that will make the MS Windows users happy.
[ ] Install Webware from the released tarball. [ ] Check that the right versions show up in the WebKit examples and in the documentation. [ ] Perform some more testing as above to make sure all needed files exist in the release and permissions are set properly.
[ ] Publish for download from the SourceForge files section: * Go to the Webware Project page at SourceForge and log in with your developer account. * Select 'Files' from the menu bar. * Create a folder for the new release and upload the .tar.gz and .zip files using the web interface. * Click the info button next to the uploaded files and set these files as default downloads for Windows (.zip) and all others (.tar.gz). * Review the trove categorization and update if necessary: - Select 'Project settings' from the 'Project Admin' menu. - Click 'Edit Trove Categorization'. * Download the release from SourceForge and check that the downloaded file is identical with the one we have tested and uploaded. [ ] Publish for download from the www.w4py.org web server: > scp Webware-VER.tar.gz www.w4py.org/var/www/downloads/Webware * Check that this can be downloaded from www.w4py.org/downloads/
[ ] Update webware.sf.net: * Updates to that home page should go through CVS at SourceForge. In general you should not be editing files directly on the HomePage site because that site only has read-only access to CVS. * Note that the webware.sf.net home page is not really used any more. The index page is redirected via .htaccess to www.w4py.org (nevertheless, the site is still available and can still be accessed as http://webware.sourceforge.net/oldsite/). So you can skip the following step. * Update your own copy of the HomePage: * Checkout the current version: > cvs co HomePage * Update: * Last updated (at top of page) * Version number, including links * File size * Project status * Testimonials * Review all text and links * Checkin the updated version: > cvs ci * We should still copy and install Webware in the webware.sf.net web page directory so the documentation can be browsed online there. Make sure you install this from the tarball. * Copy the tarball to your SourceForge account. > scp Webware-VER.tar.gz $email@example.com: * Login to the SourceForge account. > ssh -t $USER,firstname.lastname@example.com * Extract the Webware folder and create a symbolic link to it: > cd /home/project-web/webware/htdocs/ > rm Webware > tar -xzf ~/Webware-VER.tar.gz > ln -s Webware-VER Webware > cd Webware > ./install.py --set-password="" > chmod -R g+w . * Since you probably did not make changes to the home page through CVS, you can skip the following step again: * Update the HomePage on SourceForge from CVS: > cvs -q up -dP * Verify that the home page changes are correct by browsing to Webware.sf.net and double-checking all of the updated links, including the download link. Also check Webware.sf.net/Webware/Docs/. * Add a news item to the Webware Project Page at SourceForge. [ ] Update www.w4py.org: * Updates to the home page should go through SVN at svn.w4py.org, again located in the toplevel directory HomePage. This is a Webware working directory with the default context 'Home'. Webware is installed in /usr/local/share/Webware. This should always be the last stable release, so you may have to update it with the current release. You may also have to recreate the working directory and the start scripts if there are major changes in the release. * The download link at the top right corner is in SitePage.py. * All contexts except the default 'Home' and 'Docs' contexts should be disabled in Application.config. * The content of the home page is stored in the Webware Wiki and can be updated via the browser. You should update it and add an announcement for the new release.
[ ] Create a new announcement text file containing the text for the general announcement, SourceForge news and freshmeat.net update. Use the previous releases as examples. For pre-releases, just the following: * To: firstname.lastname@example.com * http://prdownloads.sf.net/webware/Webware-VER.tar.gz * Report all problems to email@example.com. Please include all appropriate version numbers including Webware, Python, web server, op sys, browser, database, etc. If running the app server, please specify flavor (eg, ThreadedAppServer) and adapter. * Expected release date for X.Y is MONTH, DAY. * Changes since last release date are: * ... Announce on mailing lists: [ ] firstname.lastname@example.com (or post to comp.lang.python) [ ] firstname.lastname@example.com (or post to comp.lang.python.announce) [ ] firstname.lastname@example.com [ ] email@example.com - Only if MiddleKit was updated - Make custom message focused on MiddleKit Update: [ ] Web Frameworks for Python [ ] PyPI (aka "Cheese Shop") [ ] freshmeat.net [ ] Review/search for other places where the announcement can be made.
[ ] Update these Release Procedures. [ ] If this was a final release, archive the release notes and create new templates for the release notes in preparation of the next release: * Edit bin/setversion.py and set the following parameters: - version = the version number of this release - releaseDate = the release date - setVersion = False - newRelease = True * Run bin/setversion.py - this will not change the version in the Properties.py files and the .txt and .html doc files, but it will rename ReleaseNotes-X.Y.phtml according to the version set above and copy new templates for these files instead. * Make sure the release notes have been copied properly. [ ] Check that the following were updated: [ ] freshmeat.net [ ] Look for follow up messages on comp.lang.python [ ] Test drive the home page, project page and download. [ ] Check the download counter and activity statistics on SourceForge.


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The claim is often made that the discovery of the Higgs boson will give us information about the origin of mass. However, the bare masses of the up and down quarks are only around 5 MeV, quite a bit smaller than their "constituent" or "dynamical" mass of around 300 MeV. (Remember that a neutron, for example, is one up and two down quarks and has a total mass of 939 MeV.) What then, is the reasoning behind the claim that the Higgs will address the origin of mass when by far the majority of the mass of the neutron (and proton) is related instead to the dynamical breaking of chiral symmetry?
Your point is totally valid and it is a favorite point of David Gross who happened to co-discover Quantum Chromodynamics. Indeed, it is often said by the journalists that the Higgs boson is the God particle that gives everything its mass. Without this mass, everything would be massless.
However, most of the mass of the visible matter is stored in the mass of protons and neutrons. And approximately 98% of the mass of these nucleons comes from the complicated QCD interactions inside these particles which also create lots of virtual gluons and quark-antiquark pairs, aside from large kinetic energy of all these particles that makes their total mass substantially exceed the rest mass. Only 2% or so of the nucleons' mass boils down to the Higgs-generated rest mass of the up and down quarks.
It is a bit subtle whether one should say that this 98% of the proton mass comes from the chiral symmetry breaking. It would be totally correct for the pions. Pions would be massless if the chiral symmetry were not broken; it would be a bit different with the nucleons because their mass would not be protected even if the chiral symmetry were exact.
However, there is a sense in which the God particle is necessary even for this dominant QCD-generated mass of the proton: you need nonzero quark masses to really break the chiral symmetry. The chiral symmetry breaking just amplifies this initial "impulse" - the nonzero rest masses - to break the chiral symmetry.
So of course, you and David Gross are right that the journalists exaggerate the importance of the God particle; most of the actual mass of the materials we know comes from the QCD mess. However, even the chiral symmetry breaking would be hard without the God particle.
The extra mass of the proton and neutron is not due to chiral symmetry breaking. It is due to the energy in the electromagnetic and strong force fields.
If chiral symmetry were an exact symmetry of the Lagrangian then the pions and other mesons (not the baryons) would have zero mass due to spontaneous chiral symmetry breaking. The chiral symmetry is not exact due to the small bare masses of the quarks so the mesons are not exactly massless.
From this you can see that your question is a bit confused, but one part that is correct is that most of the mass in ordinary atomic matter is not due to the Higgs mechanism. When people say that the Higgs boson will give us information abut the origin of mass they mean the bare masses of non-composite particles such as electrons and quarks.


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A man found guilty of five drug charges in an April methamphetamine bust was sentenced to prison Tuesday in Cheboygan County 53rd Circuit Court. Sidney Edwards III, 34, will spend from seven to 40 years with the Michigan Department of Corrections, ruled Judge Scott Pavlich. Edwards will receive credit for 144 days served in the Cheboygan County Jail. Edwards was found guilty on charges that he manufactured methamphetamine. The jury deliberated less than three hours before concluding its decision in a two-day trial. He was acquitted on seven charges of maintaining drug labs. "What a shame," Pavlich noted during the court proceeding. "I hope the message to the public is that if you manufacture methamphetamine there is a very good chance you will be caught and will go to prison." The Straits Area Narcotics Enforcement team, also known as SANE, arrested Edwards April 4 after executing search warrants at a home in Benton Township. SANE agents arrested Edwards after seizing components and chemicals used to manufacture methamphetamine, hazardous waste from manufacturing meth, drug paraphernalia and cash.
Location, ST | website.com


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10-06162 Redmond, Brooke Trustee v. Davidson Babcock et al (Doc. # 182)
- Details
- Category: Judge Somers
- Published: 02 July 2012
- Written by Judge Somers
- Hits: 3586
Redmond, Brooke Trustee v. Davidson Babcock et al, 10-06162 (Bankr. D. Kan. Jun. 26, 2012) Doc. # 182
Click here for the pdf document.
SIGNED this 25th day of June, 2012.
For on-line use but not print publication
In Re:
BROOKE CORPORATION, et al.,
Chapter 7 Trustee of Brooke
Corporation, Brooke Capital
Corporation, and Brooke Investments,
Hull & Co., Inc. (Adv. No. 10-06162);
Graham Rogers, Inc. (Adv. No. 1006162);
Allied Group, Inc. d/b/a Allied
Mutual Insurance Company (Adv. No.
10-06198); Dairyland Insurance
10-06198, 10-06201, 10-06204, and
Case 10-06162 Doc# 182 Filed 06/25/12 Page 1 of 17
Company (Adv. No. 10-06198); Explorer
Insurance Company d/b/a ICW Group
(Adv. No. 10-06198); Mendota Insurance
Company (Adv. No. 10-06201); Peachtree
Special Risk Brokers, LLC (Adv. No. 1006204);
Victoria Fire & Casualty Co.
d/b/a Victoria Insurance Group d/g/a
Titan Auto Insurance (Adv. No. 1006209);
United Underwriters, Inc. (Adv.
No. 10-06209); and Universal Casualty
Company (Adv. No. 10-06209),
Numerous insurance companies named as defendants in several materially
identical adversary complaints1 filed by the Trustee of Debtors Brooke Corporation,
Brooke Capital Corporation, and Brooke Investments, Inc. (collectively Debtors), move
to dismiss the Complaints against them for preferential transfers, fraudulent transfers, and
related claims by which the Trustee seeks to avoid and recover for the benefit of the
Debtors' bankruptcy estates transfers made in payment of insurance premiums on policies
written by agents of the Brooke family of companies. The Defendants contend that as a
matter of law, the Trustee cannot prevail since the funds transferred by the Debtors to
them were subject to statutory trusts and were not property in which the Debtors had an
1 The adversary proceedings and the defendants whose motions to dismiss are under advisement
are identified in the caption. The defendant taking the lead is the Allied Group, Inc., d/b/a Allied Mutual
Insurance Company, a defendant in Adversary No. 10-6198. The additional moving defendants joined in
the arguments of Allied. Allied appeared through Michele Craycroft of Fields and Brown, LLC, and
Quintin F. Lindsmith and James P. Schuck of Bricker & Eckler LLP. The Trustee appeared by John J.
Cruciani and Michael D. Fielding of Husch Blackwell LLP.
Case 10-06162 Doc# 182 Filed 06/25/12 Page 2 of 17
interest.2 For the following reasons, the Court denies the motions to dismiss.
Prepetition, the Debtors and approximately thirty other affiliated companies were
engaged primarily in the business of selling insurance and related services.3 Debtor
Brooke Capital, a Kansas corporation, was an insurance agency and finance company that
distributed insurance services through a network that, at one time, totaled nearly 900
franchisee- and company-owed locations.4 Neither Debtors Brooke Corporation nor
Brooke Capital had contracts with the insurance companies. Rather, Brooke Agency
Services Company LLC (BASC), a bankruptcy-remote, special-purpose entity and
wholly-owned subsidiary of Brooke Corporation, was the party to the Brooke contracts
with the numerous insurance companies for which Brooke agents sold policies.
Generally, BASC had the obligation to pay premiums owed by policy holders to the
insurance companies on policies written by Brooke agents.
Under this franchise system, for most policies, Brooke agents collected the
premiums from the policy holders on behalf of BASC. But neither the agents nor BASC
2 This Court has jurisdiction over the parties and the subject matter pursuant to 28 U.S.C.
§§ 157(a) and 1334(a) and (b), and the Standing Order of the United States District Court for the District
of Kansas that exercised authority conferred by § 157(a) to refer to the District's bankruptcy judges all
matters under the Bankruptcy Code and all proceedings arising under the Code or arising in or related to a
case under the Code, effective July 10, 1984. Furthermore, these matters are core proceedings pursuant to
28 U.S.C. § 157(b)(2)(F) and (H), and no party has objected to this Court hearing and finally adjudicating
the matters. There is no objection to venue or jurisdiction over the parties.
3 Case No. 08-22786, Dkt. 16, ¶ 6.
4 Id. at ¶ 5.
Case 10-06162 Doc# 182 Filed 06/25/12 Page 3 of 17
retained the collected premiums in segregated accounts for transmittal to the insurance
companies. Rather, the agents and BASC transferred the insurance premiums to the
Brooke system for processing premiums. That system involved an interrelated web of
bank accounts in the names of various Brooke-related entities in which the premiums
owed to various insurance companies were commingled, not only with premiums owed to
other companies, but also with Brooke operating funds and commission payments owed
to Brooke. In addition, several of these accounts were frequently overdrawn. At times,
even if the Brooke franchisees did not collect the premiums or failed to remit the
premiums to Brooke, funds from Brooke accounts were processed as if they had been
remitted by the agents. Rather than the payments to the insurance companies being made
from BASC accounts, the premiums were transferred to the insurance companies from
accounts of Brooke Capital, one of the Debtors. The Trustee alleges it is impossible to
trace specific premium dollars collected from the point of receipt by a Brooke agent and
deposit into the Brooke system to the point of payment from Brooke Capital to a specific
insurance company.
The Trustee seeks to avoid premiums transferred to the Defendants by Brooke
Capital prepetition. In the fraudulent transfer counts, the Trustee alleges that during the
four-year period prior to the Debtors' bankruptcy filings, transfers were made to the
Defendants for the payment of premiums from the accounts of Brooke Capital, property
in which the Debtors had an interest. That interest is alleged to have arisen from Brooke
Capital's control of the accounts, the commingling of premium deposits with other funds
Case 10-06162 Doc# 182 Filed 06/25/12 Page 4 of 17
of the Debtors, and the Debtors' use of their own funds to pay premiums on behalf of
some agents. It is alleged that these transfers were not for or on account of a debt of
Brooke Capital, since it was not obligated to remit premiums to the insurance companies,
and Brooke Capital therefore did not receive reasonably equivalent value for the transfers.
As an alternative to the fraudulent transfer claims, the Trustee seeks to avoid payments
made within 90 days prepetition as preferential transfers. The Trustee alleges that if
Brooke Capital had an obligation to transfer the funds to the Defendants (because when
the premium payments from the Brooke agents were commingled with Brooke assets, the
Defendants became unsecured creditors of the Debtors), the transfers were on account of
antecedent debts. In addition to avoidance of the transfers, the Trustee also seeks to
recover the transfers and to disallow proofs of claim filed by the Defendants.
The Defendants move to dismiss on the basis that as a matter of law, the Debtors
had no interest in the property transferred as premium payments. They allege the
premiums remained property of the Defendants' policyholders, and Brooke held the
premium payments in trust for the benefit of the Defendants. This defense relies upon
fundamental principles of avoidance law under the Bankruptcy Code, and upon state law
that deems insurance premiums collected by insurance agents to be held in trust. Section
548(a)(1),5 the fraudulent transfer section of the Code, provides for the avoidance of a
5 11 U.S.C. § 548(a)(1). All references in the text to title 11, the Bankruptcy Code, shall be to the
section number only.
Case 10-06162 Doc# 182 Filed 06/25/12 Page 5 of 17
transfer "of an interest of the debtor in property." Likewise, § 547(b), addressing
preferential transfers, provides for the avoidance of a transfer "of an interest of the debtor
in property." But § 541(d) excludes from the estate any property in which the debtor has
no equitable interest, which includes property held in trust.6 A Kansas statute, K.S.A.
2011 Supp. 40-247, provides that an insurance agent receiving any money or property as
a premium for a contract of insurance is deemed to hold such property in trust. Therefore,
since Kansas law deems collected premiums to be held in trust and Brooke Capital's
transfers to the Defendants were for payment of insurance premiums owed by the policy
holders, the transfers were of trust property in which the Debtors had no interest.
According to the Defendants, based upon Begier v. Internal Revenue Service,7 a Supreme
Court case addressing trust-fund taxes, Brooke Capital's payment of premiums to the
Defendants identified the funds transferred as trust funds, without the necessity of tracing.
The Defendants submit that because the transfers were of trust funds, the claims for
fraudulent conveyances and preferential transfers fail to state claims upon which relief
can be granted, the related claims for turnover of the avoided transfers must be dismissed,
and the claims for disallowance of proofs of claim should be dismissed as moot.
The Trustee responds that tracing would be required to establish that the funds
transferred to the Defendants prepetition were subject to a statutory trust and thereby
excluded from the Debtors' property interests. Since the specific payments have not been
7 Id.
Case 10-06162 Doc# 182 Filed 06/25/12 Page 6 of 17
traced to the accounts from which the transfers were made to the Defendants, the Trustee
submits that the motions to dismiss fail. The Trustee makes additional arguments in
support of his opposition to dismissal, including arguments that the allegations of the
Complaints satisfy the plausibility standard of Iqbal8 and that, because the payments of
premiums to the Defendants were made with money that had been commingled with the
Debtors' own funds and were paid to the Defendants from a Brooke Capital deposit
account, the Debtors' interest in the property transferred is sufficiently alleged. But
because the motions to dismiss are premised upon a question of law and the Court
concludes that tracing, which the Defendants have not undertaken, is required to identify
moneys transferred to the Defendants in payment of premiums as statutory trust funds, the
Court does not address these and other contentions of the Trustee in opposition to the
motions to dismiss.
The determinative question posed by the motions to dismiss is whether the
transfers in payment of premiums owed on policies written by Brooke agents were of
trust funds, excluded by § 541(d) from property of the Debtors' bankruptcy estates. As
the basis for the alleged trust, all the Defendants except one, Explorer Insurance
Company,9 rely upon K.S.A. 2011 Supp. 40-247(a).10 It provides in part:
8 Ashcroft v. Iqbal, 556 U.S. 662 (2009).
9 Explorer states it sold auto insurance in California, not Kansas. Case No. 10-6198, Dkt. 96 at 2.
Although it essentially concedes that K.S.A. 2011 Supp. 40-247 does not apply to premiums collected on
its behalf, it nevertheless relies upon the trust fund defense asserted by the other Defendants based upon a
Case 10-06162 Doc# 182 Filed 06/25/12 Page 7 of 17
(a) An insurance agent or broker who acts in negotiating or
renewing or continuing a contract of insurance including any
type of annuity by an insurance company lawfully doing
business in this state, and who receives any money or
substitute for money as a premium for such a contract from
the insured, whether such agent or broker shall be entitled to
an interest in same or otherwise, shall be deemed to hold such
premium in trust for the company making the contract. If
such agent or broker fails to pay the same over to the
company after written demand made upon such agent or
broker, less such agent's or broker's commission and any
deductions, to which by the written consent of the company
such agent or broker may be entitled, such failure shall be
prima facie evidence that such agent or broker has used or
applied the premium for a purpose other than paying the same
over to the company.
When ruling on the motions to dismiss, the Court will assume, without deciding
the question, that under K.S.A 2011 Supp. 40-247, at least a portion of the insurance
premiums collected from the Defendants' policyholders by Brooke agents should be
deemed to be held in trust.11 This is a reasonable assumption. The Defendants contend
provision of the California Insurance Code, Cal. Ins. Code § 1733, which states: "All funds received by
any person acting as a licensee under this chapter . . . as premium or return premium on or under any
policy of insurance or undertaking of bail, are received and held by that person in his or her fiduciary
capacity." According to Explorer's counsel, this statute imposed a statutory trust on premiums Brooke
collected for it. Case No. 10-6198, Dkt. 96 at 2. For purposes of this opinion, the Court will assume that
Explorer is correct and that a statutory trust similar to that in Kansas applied to insurance premiums
collected by Brooke agents or brokers for Explorer policies. The Court's analysis will therefore focus
exclusively upon the Kansas statute.
10 Subsection (b) defines a violation of subsection (a) to be a felony or a misdemeanor, depending
upon the amount of premium not paid to the company.
11 In doing so, the Court is not precluding the Trustee from contesting the applicability of K.S.A.
2011 Supp. 40-247 during the future course of this litigation. Several possible reasons for such a
conclusion appear in the pleadings before the Court. For example, there is an issue of which state's law is
applicable to Brooke's dealings with the various insurance companies, and the possibility that the
applicable law could be determined by contracts which are not presently before the Court. The Trustee
alleges that on some occasions when agents failed to collect premiums or agents collected premiums but
Case 10-06162 Doc# 182 Filed 06/25/12 Page 8 of 17
that they are insurance companies "lawfully doing business in Kansas." The parties agree
that Brooke franchisees and their agents were engaged in the business of selling insurance
and acted as brokers12 or agents for the Defendants. Making this assumption allows the
Court to focus on what it finds to be the controlling issue of law presented by the motions
to dismiss: Assuming that Brooke agents collected premiums from the Defendants'
policyholders, that such premiums were deemed by state law to be held in trust, and that
the premium payments were hopelessly commingled with other Brooke funds, were the
Debtors' transfers of the funds to the Defendants sufficient to identify the funds as trust
property, without the need for common-law tracing.
The Defendants assert that for a statutory trust, such as the trust in insurance
premiums that is deemed to exist under K.S.A. 2011 Supp. 40-247, the nexus between the
trust res and the transfers to the insurance companies is established by the voluntary act of
payment, without the necessity of tracing that is required to identify the res of a common-
law express or constructive trust. The primary authority relied upon is the Supreme
Court's Begier13 opinion. In Begier, the Court considered whether prepetition payments
did not deposit them to Brooke for processing, Brooke used its own funds to make premium payments to
insurance companies. K.S.A. 2011 Supp. 40-247 may not apply to such payments. In addition, the
Trustee contends, assuming that K.S.A. 2011 Supp. 40-247 applies, the Defendants have by their conduct
waived the requirement that the funds be held in trust.
12 Under Kansas law, "'an insurance broker is one who acts as a middleman between the insured
and the insurer; one who solicits contracts from the public under no employment from any special
company.'" Rosedale Securities Co. v. Home Ins. Co., 120 Kan. 415, 418, 243 P.1023, 1023 (1926)
(quoting 9 Corpus Juris. 509).
Case 10-06162 Doc# 182 Filed 06/25/12 Page 9 of 17
of withholding and excise taxes (commonly referred to as trust-fund taxes) to the Internal
Revenue Service (IRS) from the debtor's general operating account could be avoided and
recovered as preferential. The issue was whether the money transferred was property that
the debtor held in trust for the IRS. The analysis began with 26 U.S.C. § 7501, the
Internal Revenue Code's trust-fund provision, which provided: "Whenever any person is
required to collect or withhold any internal revenue tax from any other person and to pay
over such tax to the United States, the amount of tax so collected or withheld shall be held
to be a special fund in trust for the United States."14 Based upon the statutory scheme for
collection of taxes, the Court rejected segregation of the funds as a prerequisite to the
creation of a trust in "the amount of tax." Thus, a § 7501 trust was created at the moment
when the relevant payments were made. But that statutory scheme did not answer the
question whether the particular dollars that the debtor paid to the IRS from its general
operating account were "property of the debtor " or were assets belonging to the statutory
trust.15 Because § 7501 created "a trust in an abstract 'amount' — a dollar figure not tied
to any particular assets — rather than in the actual dollars withheld,"16 the statutory
scheme was identified as "radically different from the common-law paradigm,"17 and the
common-law tracing rules for identifying particular property held in trust were found to
14 Id. at 60 (emphasis supplied).
15 Id. at 62.
16 Id.
17 Id.
Case 10-06162 Doc# 182 Filed 06/25/12 Page 10 of 17
be unhelpful.18 The Court therefore turned to the legislative history of the Bankruptcy
Code regarding the exclusion of trust-fund taxes from the bankruptcy estate. That history
evidenced that Congress expected the IRS would have to show some connection between
the § 7501 trust and the assets sought to be applied to the debtor's trust-fund tax
obligation. As to that connection, the Court held that "[t]he debtor's act of voluntarily
paying its trust-fund tax obligation . . . is alone sufficient to establish the required nexus
between the 'amount' held in trust and the funds paid."19
The Defendants exaggerate the applicability of Begier when arguing that there is a
general rule that tracing is not required for statutory trusts. Several cases cited by the
Defendants in support of applying Begier to this case concern the creation of a statutory
trust, not the nexus required between payments sought to be avoided by a bankruptcy
trustee and the trust res.20 The Defendants do cite cases where the Begier rule of nexus by
payment has been applied to statutory trusts for the benefit of governmental entities,21 but
cite no cases where the rule has been applied for the benefit of a private entity. The
18 Id. at 62-63.
19 Id. at 66-67.
20 City of Farrell v. Sharon Steel Corp., 41 F.3d 92 (3rd Cir. 1994) (where municipality moved
for order for turnover of taxes withheld by Chapter 11 debtor prepetition, court held express trust was
created but remanded question whether nexus was established between money in debtor's account and
withheld taxes); Owner Operator Indep. Drivers Ass'n, Inc., v. Comerica Bank (In re Arctic Express
Inc.), 636 F.3d 781 (6th Cir. 2011) (regulations created trust; tracing not an issue).
21 Suwannee Swifty Stores, Inc., v. Georgia Lottery Corp. (In re Suwanne Swifty Stores, Inc.), 266
B.R. 544 (Bankr. M.D. Ga. 2001) (revenues from sales of lottery tickets); Wasden v. Florida Dept. Of
Revenue (In re Wellington Foods, Inc.), 165 B.R. 719 (Bankr. S.D. Ga. 1994) (federal withholding taxes).
Case 10-06162 Doc# 182 Filed 06/25/12 Page 11 of 17
Defendants also rely upon cases deviating from the common-law tracing rules where trust
funds initially dissipated or commingled were restored, thereby negating the need for
tracing.22 That circumstance is not present here. Cases where government regulations
dispensed with the tracing requirement23 also are not helpful. The Defendants cite no
cases arising in circumstances similar to this case where payment alone was found to be
sufficient to identify trust property for purposes of excluding it from the estate under
§ 541(d).
In the Tenth Circuit prior to Begier, tracing was required when a trust beneficiary
sought to recover trust assets.24 The lowest intermediate balance test was applied to
identify trust property in commingled accounts in the debtor's possession prior to the date
of filing.25 Subsequent to Begier, the Tenth Circuit has adhered to this rule. "'[A]ny
party seeking to impress a trust upon funds for purposes of exemption from a bankrupt
22 Kupetz v. United States (In re California Trade Technical Schools, Inc.), 923 F.2d 641 (9th Cir.
1991) (under California law, debtor's repayment of federal student assistance program monies could be
considered trust funds even if they could not be traced); Stevenson v. J.C. Bradford & Co. (In re Cannon),
277 F.3d 838 (6th Cir. 2002) (under Tennessee law, funds held in escrow for clients in commingled trust
account without tracing as to individual clients were subject to express trust and repayment from debtor's
general funds to restore portion of monies previously converted from trust were not debtor's property);
Suwanne Swifty Stores, Inc.), 266 B.R. 544 (commingled lottery funds restored to trust account to satisfy
lottery corporation's weekly sweep conclusively presumed to be trust property).
23 C & E Enterprises, Inc., v. Milton Poulus, Inc. (In re Milton Poulos, Inc.), 94 B.R. 648 (Bankr.
C.D. Cal. 1988) (applying regulations implementing Perishable Agricultural Commodities Act).
24 Turley v. Mahan & Rowsey, Inc. (In re Mahan & Rowsey, Inc.), 817 F.2d 682, 684 (10th Cir.
25 Id. at 684-85.
Case 10-06162 Doc# 182 Filed 06/25/12 Page 12 of 17
estate must identify the trust fund in its original or substituted form.'"26 There are no
Tenth Circuit opinions adopting the nexus test in lieu of common-law tracing.
Generally, Begier has been narrowly construed by the courts. There is no basis to
predict that the Tenth Circuit would do otherwise. As the Ninth Circuit Court of Appeals
has said,
The exception to the common law treatment of trusts
elaborated in Begier, was justified by the language and
purpose of § 7501. . . .
Nor should we extend the holding of Begier more
broadly than is necessary to accomplish its purposes when
doing so necessarily undermines the Bankruptcy Code's core
principle of equality of distribution among creditors.27
Similarly, a bankruptcy court has stated,
In establishing the nexus test in Begier, the Supreme Court deviated
from the long-standing LIBT [lowest intermediate balance test] due
to the unique facts and circumstances raised by the specific type of
trust at issue in the case. As such, the holding in Begier should be
narrowly construed and the nexus test should only apply in cases
where a court is faced with facts similar to those in Begier.28
Subsequent to Begier, courts have required tracing to identify commingled funds which,
26 Sender v. Nancy Elizabeth R. Heggland Family Trust (In re Hedged-Investments Assocs., Inc.),
48 F.3d 470, 474 (10th Cir. 1995) (quoting First Federal of Michigan v. Barrow, 878 F.2d 912, 915 (6th
27 Wyle v. S & S Credit Co. (In re Hamilton Taft & Co.), 53 F.3d 285, 289-290 (9th Cir. 1995),
case settled and decision vacated as moot, 53 F.3d 337 (1995).
28 Official Comm. Of Unsecured Creditors v. Catholic Diocese of Wilmington, Inc. (In re Catholic
Diocese of Wilmington, Inc.), 432 B.R. 135, 151 (Bankr. D. Del. 2010).
Case 10-06162 Doc# 182 Filed 06/25/12 Page 13 of 17
pursuant to statute, should have been held in trust.29
The Court declines to apply the Begier Court's rejection of common-law tracing to
the circumstances of this case. The alleged statutory trust of insurance premiums bears no
similarity to the § 7501 trust for trust-fund taxes. Unlike the § 7501 trust, which is a trust
for the amount of trust-fund taxes, the insurance premium statutory trust under K.S.A.
2011 Supp. 40-247 is a trust comprised of the "money or substitute for money" collected.
Like a common-law express or constructive trust, the res of the insurance premium trust is
specific property, not an amorphous amount collected. Contrary to the Defendants'
suggestion, Begier does not stand for the general proposition that for statutory trusts,
identification to the purpose of the trust by payment is a substitute for tracing. The
Supreme Court's rationale for this minimal nexus was legislative history supporting the
view that Congress intended to protect the prepetition payment of trust-fund taxes from
avoidance actions. There is no such history for K.S.A. 2011 Supp. 40-257.
To apply the Begier nexus test in this case would be contrary to the central
bankruptcy policy of equality of distribution to creditors,30 which is facilitated by the
preference and fraudulent transfer provisions of the Code. For example, assume that
shortly before filing, Brooke agents had collected $10,000 in premiums from
29 Meoli v. Kendall Electric, Inc. (In re R.W. Leet Electric, Inc.), 372 B.R. 846, 853-59 (6th Cir.
BAP 2007) (tracing required to sustain defense to preference avoidance that transfers were from funds
held in trust under Michigan Building Contract Fund Act); Appalachian Oil Co., Inc. v. Virginia State
Lottery Dep't (In re Appalachian Oil Co., Inc.), 2012 WL 1067699, *10-13 (Bankr. E.D. Tenn. 2012)
(rejecting assertion of Virginia Lottery that voluntary payment established nexus between funds required
by statute to be held in trust and payments from commingled funds).
30 Begier, 496 U.S. at 58.
Case 10-06162 Doc# 182 Filed 06/25/12 Page 14 of 17
policyholders for each of fifty insurance companies, that the $500,000 of premiums had
been transferred to Brooke Capital and commingled with Brooke's operating funds from
other sources, that several of the insurance company creditors had been owed past-due
premiums in an amount in excess of $500,000 each, and that Brooke Capital had paid one
of those companies $300,000 and had paid its trade creditors the remaining funds. If the
Trustee brought a preference action against the recipient of the $300,000 and the
Defendants' theory prevailed, the transferee insurance company could successfully
defend the action by claiming that the funds transferred had been trust funds because of
the nexus created by the act of paying premiums that had been due. The Trustee would
be thwarted in efforts to recover a preferential payment which clearly preferred one
insurance company creditor over others.
In addition, requiring tracing to identify the res of a statutory trust of insurance
premiums is consistent with the wording of the Kansas statute. K.S.A. 2011 Supp. 40247(
a) defines the trust res to be the specific "money or substitute for money" collected
by the agent or broker.31 Although K.S.A. 2011 Supp. 40-247 and its predecessors have
31 A leading commentator on insurance law, when addressing the duty of agents to account to the
insurer for premiums, notes that tracing is required.
In some states the rule is followed, primarily by virtue of express statutory
provision, that the agent receives premiums as a trust fund, so that the insurer is entitled
to greater remedies than would be available against an ordinary debtor and is allowed to
assert a lien upon any bank account into which the insurer can trace the premiums, and to
a priority against the estate of an insolvent agent.
4 Couch on Insurance, § 54:5 (3rd ed., database updated through Nov. 2011) (emphasis added), available
on Westlaw at COUCH § 54:5.
Case 10-06162 Doc# 182 Filed 06/25/12 Page 15 of 17
been construed primarily in criminal litigation, there is one garnishment case in which
tracing was used to identify the trust property. In Meixner v. Heusser,32 Meixner, a
judgment creditor of Heusser, an insurance agent, attached Heusser's bank account. An
unpaid insurer intervened. The trial court discharged the garnishment based upon
evidence that the monies in the account were insurance premiums collected by Heusser,
but not yet remitted to the insurance company. Although the specific method of tracing
was not discussed, the Kansas Supreme Court affirmed, finding the evidence sufficient
"to show that the sum in the bank account at the time of the garnishment was made up of
insurance premiums collected, was in fact a trust fund, within the meaning of the statute,
. . . and within the meaning of the agency contract, and did in fact belong to the
interpleading insurer."33
Subsequent to this matter being placed under advisement and the initial drafting of
this Memorandum Opinion, District Judge Lungstrom issued a Memorandum and Order
addressing the trust fund defense in Redmond v. Progressive Corporation,34 a Brooke
adversary proceeding substantially identical to these cases, but for which reference was
withdrawn from this Court. Judge Lungstom, like this Court, rejected the defense. He
Thus, the vital element from Begier that distinguished its
32 153 Kan. 558, 112 P.2d 103 (1941).
33 Id., 153 Kan. at 559, 112 P.2d at 104.
34 Redmond v. Progressive Corp. (In re Brooke Corp.), 2012 WL 2120736 (June 12, 2012).
Case 10-06162 Doc# 182 Filed 06/25/12 Page 16 of 17
statutory trust from other common-law trusts — a trust
involving an "amount" instead of a specific trust res — is not
present here. Thus, there is no basis to alter the usual rules
that would govern commingled trust funds. Moreover, the
Begier Court's rule about voluntary payments providing the
necessary nexus to the original trust funds was based on
specific legislative history relating to Section 7501, and
defendant has not identified any similar legislative history
applicable to the present case. Thus, Begier's limited holding,
applying specifically to trust-fund taxes, would not apply to
this case.35
For the foregoing reasons, the Court denies the Defendants' motions to dismiss
premised upon the trust fund defense. The nexus rule of Begier, under which statutory
trust-fund taxes paid from commingled funds were sufficiently identified by the debtor's
act of payment, does not apply to the statutory trusts of insurance premiums alleged to
have arisen in these cases.
# # #
35 Id. at *4.
Case 10-06162 Doc# 182 Filed 06/25/12 Page 17 of 17


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When I received my package, my first thought was a dismayed, "NARS is trying to pull the wool over our eyes! This is just another Mounia" (which might not actually be awful, come to think of it, as NARS Mounia blush is discontinued and hard to find), but I was wrong. The base color of the two shades is similar, and the shimmer in Mounia wows me every time I swatch it, but I have always found Mounia somewhat user-unfriendly. It is SO pigmented, it's hard to avoid clown-face even when applying lightly, and the shimmer is so stunning in the pan and in swatches but the overall effect on the cheeks can sometimes lean a bit patchy. Well, NARS has kept all the best things about Mounia and improved upon the worst, and this new creation is called Seduction.
Seduction has exactly the right level of pigmentation so it doesn't require much work to build it to the level of color you want on your cheeks, nor does it overwhelm you and make it likely that you will look clownish (unless you are truly overzealous). I see a bit of shimmer in the pan, but on my cheeks Seduction appears matte, and applies easily with no patchiness. The resulting color is a stunning sangria flush, one that I think would work as well in the summertime with a tan as it does in the wintertime to bring some life to my almost-translucent skin. I love it, and as you can see, I have nothing else truly like it:
|NARS Mounia, NARS Seduction, Sleek Flushed, Chanel Rouge
I have to be honest, I never thought another blush would make Chanel Rouge look pink! Above you see NARS Mounia, NARS Seduction, Sleek Flushed, and Chanel Rouge. Rouge will always hold a special, sentimental place in my heart, but I think among the other three, Seduction wins the prize for being the most wearable on the cheeks. I will try to provide a FOTD picture with me wearing it soon.
What say you, red blush lovers? I think Seduction is a must-have. Do you agree?


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Continuing Education Blog
PNCA offers evening and weekend classes for adults and young people. For adults we offer courses in art, craft, and design, as well as professional development classes. For children we have Saturday classes during the school year and week-long camps during the summer. In addition to our regular teen classes, we also offer immersive summer Pre-College Studios. Our blog below gives you an idea of some of the goings on, and you can see our full course catalogue online here.
Self Portraits!
As usual, Saturday classes at PNCA were epic. Several projects are starting to come to a close as the end of the semester draws near. All of the classes are working on, or will start, their submissions to our 2012 exhibit which takes place in March. We will keep you posted on that project as the submissions are completed. In addition, our Drawing Studio class started a self portrait project this last week. We encourage students to draw from life, using mirrors as a reference. It's always interesting to see how 7 and 8 year olds will depict themselves during an observed portrait assignment.
Online Exhibition - Fall 2011
We're still a few weeks out from the conclusion of our Fall term, but artwork is already being uploaded and shared on Flickr from our current youth classes. There are some really lovely pieces of work in our exhibition sets. Hey, did you know that we have an exhibition archive that features work from the last 3 years of classes? It's true. It's a great way to see what a class with our program is like or explore the awesomeness that is kid-made-art. If you what to check out this term's sets or sets from past classes just visit our Online Exhibition Archive on Flickr.
More from our Evening Classes
We are about 3-weeks out from the end of our Fall term. It's hard to believe the time has gone by so quickly. Even so, our Instructors and students are making the most of that time in our classes by producing some great artwork! Artist and photographer Heather Zinger was nice enough visit campus last week, and take some very lovely photos of the goings on in Continuing Education. You can see more images from our classrooms by visiting our flickr site. If you would like to know what we will be doing next term you can visit our Registration site, or contact Continuing Education Staff directly.
On Drawing the Universe
On Saturday, as classes were starting I made my way to the Art Explorers room to check in. This is a sort of ritual for me since documenting classes, student performances, and artwork has become a part of my job in recent years. As usual, I took a seat in room 210, listening quietly as students talked with one another the way young children often do; one little girl commenting on how Wayne is nice, and waits for all the students to arrive before starting a project in his class. Another student mentioned that she was drawing her father. To my left, a student worked furiously in his sketchbook. He was making stars with marks in all directions, flipping pages and drawing circle after circle. Intrigued, I asked him, "What are you drawing?"
His answer, "Everything in the Universe."
Above are images from his sketchbook that day… so this is what the universe looks like. Cool.
A visit to the Stagecraft Building.
Students in Wayne Bund's Art Explorers class visited our 3D Building and Ceramic Studio this week. They ventured out of their regular classroom in our Goodman Building to glaze some recently fired sculptural work. After arriving to the space, Wayne gave a brief explanation of how a kiln works, and at what temperature their artwork was fired. The kids were quite impressed with how hot a kiln gets when it is firing at Cone 6. Students were then allowed to get close to, but not touch, a kiln in mid-fire to feel the heat emanating from it. Afterwords, students glazed their work and did a super awesome job cleaning the space once their class was complete!
Evening Classes at PNCA
Our Continuing Education Program has been up to a lot in recent weeks. Classes are moving right along and some great art is in the works. Check out more images from the classrooms of our current offerings at our Flickr Site. If you would like to learn more about upcoming classes, check out our Registration Site for more details. Big thanks to our good friend Wayne Bund for taking such lovely photos of Beginning Drawing: Perception Skills with Kurt Hollomon, Beginning Painting with Jerry Sumpter, and Web Design Tools with Sarah Schlosser Moon
Pre-College Painting Studio
The Pre-College Studios is still a few months away; July 16 to August 3. But we wanted to give you a preview of the type of work that comes out of our Program! Above is some stellar artwork from our Painting Studio with CE and BFA Instructor Benny Fountain.
Waterlilies Reinterpreted
Instructor Wayne Bund worked with our Art Explorers students on Saturday, teaching our youngest cohort about watercolor techniques and more specifically, Monet's Waterlilies series. Students took the project in a variety of different directions. Some interpretations stayed true to the look of the original paintings… some took a looser aesthetic. Whatever the case, all of the paintings looked great!
—> Click the jump to look at more from our Art Explorers class!
A BFA Thesis and Youth Classes
Former Intern and Youth Program Staff member Bob Fish visited our classes on Saturday October 22nd. As part of his BFA thesis Bob constructed a larger-than-life crayon, which is completely functional. He let students in our Art Explorers, Drawing Studio, and Visual elements classes try out the crayon at the beginning of their sessions. It was super fun!
Our Art Explorers class worked together to draw lines on a super large sheet of paper. It was pretty great to witness 8 young students draw with one large drawing tool. If you would like to see more images from Bob's visit to our classrooms check out our flickr site.
Visual Elements
Our Visual Elements class with artist and educator Kendra Larson has been going well. Students have worked on several drawings including an observed still-life. For the first two weeks of class students worked with charcoal, learning how to articulate value and space within a two-dimensional composition. During their third class session students worked with a variety of different materials and integrated color into their drawings.
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6 Silly Sounding Jobs That Are Way Harder Than You Think
#3. Golf Caddy
What People Think:
It's the dude who carries the golf clubs for the golfer, right? When most people think of a golf caddy, they think of a doofy kid getting treated like shit by rich people for extra cash over summer vacation. They get to haul around a bunch of clubs, begging for tips, and when a golfer hits a ball into a water hazard, it's up to the caddy to wade in there and get it.
"Mind the gators, son."
But if their golfers do well and they keep their mouths shut, chances are the caddies can score a few bucks, at least. Also, they get to listen to people with real jobs talking, so maybe they can use that someday when they're not freaking caddies.
"One day, I'm going to be a fat old white dude, too."
The Reality:
There are really two different jobs here -- professional caddying is much different from the stuff the high school dropouts and the insanely old dudes do at the local country club. They still have to carry all of the golfer's shit around, fetch the balls and keep everything clean, but at that level they're basically professional sports coaches.
"You just do what I fucking tell you, sporto."
You've probably seen caddies in movies recommend a club to a player for a certain swing. In those movies, it looks effortless, like it's just a hunch or something. In reality, though, it's all about knowing everything about the course and the player's abilities, style and equipment. Oh, and good old-fashioned math. It takes constant study, and it helps a lot if the caddies are former pro golfer themselves, which is totally a thing.
Think of it like playing a golf video game, except the caddies have to figure out all the shot arrows and wind meters in their heads, then tell it to someone else.
Via Cube.IGN.com
It really helps to visualize your player as a huge, barrel-throwing ape.
And nobody even knows who you are. Think about it -- when a basketball or football team does well, the coach becomes a celebrity. Even if you aren't a sports fan, you've heard the names Vince Lombardi and Mike Ditka. On the flip side, have you ever heard of Tony Navarro? How about Allistair Matheson, or Damon Green? Tiger Woods is one of the most famous athletes in world history -- do you know who his caddy is?
Speaking of which, if you actually do start to get a little famous as a caddy, you might find yourself fired. Tiger fired his first PGA Tour caddy, Mike Cowen, when Cowen started to get slightly too popular.
He replaced him with this guy, who was ordered to wear a hideous jumpsuit in order to avoid popularity.
Oh, and did we mention that caddies have to pay for their own food, travel and accommodations to get to all those golf events throughout the year, which generally uses up about 1/4 of their annual salary? And that they're also the golfer's unofficial bodyguard, keeping autograph-seeking fans away from the player while they're trying to do their job and, if necessary, taking away noisy cameras and throwing them in a lake?
Via Spors.ESPM.go.com
"Next time, I take your whole arm."
Caddies do all that, yet most of the people watching on TV don't even notice -- they figure the guy just came with the cart or something.
#2. Food Critic
Via Mediadump.com
What People Think:
Food critics get paid to eat and bitch about it. This sounds like one of the cushiest positions in the world, especially since most critics get reimbursed for the food they order. In short, it's free food with pay on top of it, and food critics are expected to be snide about the whole thing.
The biggest danger this job poses seems to be the potential for overeating and ending up face-first in a pile of spaghetti, like the glutton in Se7en.
"Needs more salt."
The Reality:
Your bad review can ruin some family's business -- and they know where to find you. At least one critic has been threatened with a gun over a bad review. Another has been beaten bloody by the owner's associates (i.e., mob goons) over several bad reviews; to be fair though, he probably shouldn't have posted on his paper's website where he would be dining that night.
You can't think of this as Michael Bay threatening Roger Ebert with a shotgun over a bad review -- they're both famous, that's not going to happen. But as a food critic, you are literally going into enemy territory -- a business owned by some regular guy who you don't know -- assessing the fruits of his labor, and telling everyone in your readership whether or not to give that business their money. That restaurant owner's ability to pay his mortgage can lay on what you write, and you don't know how he's going to react.
"I hope you don't mind if I just stand here and watch you eat. Because I'm going to."
Not wanting to become the next bloody statistic, many a critic will go to work in disguise and assume a false name -- whatever is deemed necessary to stay anonymous. But shit happens, especially when you have an entire industry like Eater devoted to outing you and ruining your career. Longtime L.A. critic Irene Virbila, operating under the not-at-all-suspicious name of "Fred Snow," was discovered after a worker presumably woke up and realized that Fred is not a girl's name. She was photographed, kicked out and banned from the restaurant forever, and her photo was spread all over town so every restaurant in the area knew who she was.
It can almost be likened to being an undercover spy. But instead of riding knee-deep in smoking-hot foreign babes who initially want you dead but eventually succumb to your ultra-suave charms, you get endless club sandwiches and pissed-off restaurant owners who in no way want your sex.
Though they may have given you some of theirs.
#1. Casino Dealer
What People Think:
What could be easier? Casino dealers stand at the table, give out the money when people win, take it away when they lose, entertain the people a little and just generally look awesome. They get to meet powerful people, possibly even celebrities, and they have a good chance of getting huge tips when someone strikes it rich. Also, when no one's around, they can sit at the table and pretend they're the Dos Equis guy.
Via Thisisfrendylemorin.net
Or be the Dos Equis guy.
The Reality:
Of course, there's a lot of math involved, for starters, and while most of it is pretty simple, it's a constant thing. And dealers can never make a mistake. When they're dealing with high-stakes stuff, they've got to be able to tell, at a glance, how much money is stacked on the table (not to mention who it belongs to). And maybe they're running games like craps, where they sometimes have to pay out in weird ratios, and you can see why they might be tempted to break out a calculator.
"Why yes -- this is a terrible job to do hung over."
But worst of all is the customers. This isn't Walmart cashiering. When real money is on the line, people lose their fucking minds. Dealers are frequently insulted (and sometimes even spit on) by sore losers. And if some dude comes up with his life savings and wants to gamble it all away? The dealers can't turn him away. That's a fun story for the grandkids.
Then there are the high rollers, the folks the casino management loves and will do anything to keep happy. If a high roller wants a booster seat made out of Twizzlers, the casino is going to do its best to get it for her. If a high roller wants to piss under the dealer's table, well, apparently that's OK, too, as an ex-Atlantic City dealer once discovered when a man who was winning "relieved himself" under the table so he didn't have to give up his hot streak.
"Just a second, fellas."
Even death won't stop a high-stakes game. When a man dropped dead at a dealer named Vinnie Springer's table, no one stopped playing. They just rolled his ass under the table and kept right on going. According to Springer, the players didn't even break stride when the paramedics came to remove the body 15 minutes later. You think your job requires dedication? When's the last time you had to keep working with a dead guy at your feet?
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6 Tiny Things That Have Mind-Blowing Global Impacts
#3. Rats Are Eating Your Food
Now we questioned including rats here, not because they're insignificant, but because you probably already think of them as the species that spread the Plague around Europe back in the day, killing, well, almost everyone.
But you can't really blame the rats for that one. The plague was carried by fleas on the rats, and of course ultimately was a bacteria inside the flea. No, rats' effect on the world is much more direct than that.
The Impact:
A lot of you have lost food in your cabinets to a mouse or a rat, grabbing a pack of Ramen only to find the little bastard has gnawed off the corner.
Great. There goes 12 cents you'll never get back.
So, how much of the world's food would you say rats eat? Seriously, guess.
It turns out rats destroy or contaminate up to 40 percent of our food, at least in poor and rural areas where the little bastards eat 20 percent of the crops, then eat another 20 percent of the grain after it's in storage.
Worldwide, rats are thought to eat or otherwise ruin up to 10 percent of everything humans produce.
Ten Percent. It's like a cosmic tax taken out of humanity's paycheck. One dollar out of every 10 gets fed to a rat.
See, rats have been kind of riding on humans' coattails. The planet's rat population exploded right along with humans, as our tendency to grow huge amounts of food and just leave it laying around--and to build sprawling sewers for them to live in--made us the perfect match. Rats are born survivors, and are very much like cockroaches with developed hands, dog-like intelligence and a spine, which should terrify the shit out of you.
So if you got in your time machine and went forward 1,000 years, would you find rats had become the dominant species on the planet, having eaten all of our food and starved us to death? Almost certainly not. After all, they need to keep us around. To grow their food for them.
#2. Your Lamp is Making Everything Sick
With all the focus put on carbon footprints, acid rain and mercury-poisoned water, "light pollution" sounds like one of those bullshit kinds of pollution, like littering. The term is referring to the ambient light from all those street lamps and skyscrapers and porch lights and light spilling out of your windows.
Still... everybody can just close a damned curtain, right?
Some people should be required to close theirs.
The Impact:
Check out a view of the U.S. from space, courtesy of NASA:
That's a lot of fucking light. This is why we build observatories high on mountains, so that their lenses don't get cluttered by street lamps, thoughtless neighbor's halogen security lights that stay on all night and the constant neon glow of red light districts.
Do you know what happened for a long-ass time before we started lighting thousands of square miles of earth every night? Predation, migration and sleeping. It seems that after several billion years of spinning and producing a night and day cycle, life on earth got used to it. Then, in the last 100 years, we started fucking things up by lighting everything night and day.
It turns out that our worldwide leaving of our collective lights on has fucked up migration patterns, screwed up predator's hunting grounds and schedules, and created a host of problems for those of us that put them there in the first place. It also causes algae to spread in lakes (which is good for the algae but bad for anyone who wants to use the water) because, for some reason, artificial light deters the creatures that normally eat the algae.
Us humans don't exactly get off easy, either. Not only does all that light screw up our ability to sleep properly, but also increases headaches, worker fatigue, sexual dysfunctions and the lowered melatonin levels caused by all of this have been linked to an increase in breast cancer.
OK, is this enough evidence to at least get them to stop putting those irritating blue LED's on all of our electronics? Our houses are starting to look like spaceships at night. Is there a petition we can sign?
#1. Jellyfish Change the Currents of the Ocean
The ocean is a big place; approximately 71 percent of our planet is covered with it, it's deep and big shit like whales, giant squid and Cthulhu hide in it with no issue. We all know that the tides and waves are created by the moon and winds and other factors. But there's another, more ridiculous cause...
The Impact:
It turns out that a while ago, scientists were having some problems studying the ocean similar to those of scientists studying the cosmos; they had a bunch of really big, brainy equations describing how things worked, then compared them to reality and found a huge damned hole in the equation.
Specifically, in accounting for why the currents move the way they do. The X-factor turned out to be jellyfish, and regular fish and all the little creatures swimming in the ocean.
There is something in fluid dynamics called "fluid drift," and it has to do with the way water sticks to the bodies of swimming creatures. Apparently every living thing in the ocean combines to move enough water to stir things up as much as the moon and wind. That's right: every tuna, shark, whale and evil, terrifying deep sea monster is as responsible for waves and riptides as the freaking moon.
Even the ones that may not be real.
If you want a visual, imagine this:
Multiplied by this:
Yeah, that's one of those things you study from afar.
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I just started wondering after seeing the white smoke, did the cardinal just receive a raise when he became the pope? What's his salary if he is paid.
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Actually the opposite: his pay went down to 0. The pope receives no salary.
His modest daily needs (food, shelter, clothing, medical care) are provided for by the Vatican1. Popes do not accumulate wealth, and usually die in office. It's difficult to even imagine what he would use money for. He has all he needs. He is able to say the Mass, and he is able to serve God and people. He lives in the midst of a beautiful historic site.
Sometimes, Catholics try to give him money, but he just gives it all away.
1 - though perhaps not always to our standards: "Reportedly, the Papal Apartments had been in disrepair, with 'outmoded furnishings and lack of lighting' and large drums placed in the false ceiling to catch water leaks." (Wikipedia)
Actually it might be little known fact, but yes, they do get paid, but not when they are alive though. Three bags containing gold, silver, and copper coins are placed in the coffin beside the body of a dead pope. Each bag contains one coin for each year in his reign. This is the only monetary compensation a pope receives for his service as pope.
The last pope to get paid like this was, as you guessed, Bl. Pope John Paul II, the Great. The total worth of the coins was €100.26. Here is an actual Image of him getting paid:
protected by wax eagle♦ May 23 '14 at 15:06
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Columbia Ohio State Buckeyes NCAA Give and Go Women's Jacket
Show your support for your favorite NCAA team in the Columbia NCAA Give and Go Women's Jacket. Featuring the team logo on the left chest, school name on the upper back and team color accents, this full-zip jacket is ideal for cheering on your team when it's chilly. Shell is made of 100% polyester microfleece and lining is 100% polyester tricot.


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The Fort Lewis College men�s soccer team erased the bitter taste of Wednesday�s loss to Colorado Mesa and got back in the win column Sunday with a 2-1 victory over Adams State in Alamosa.
�I think it was one of the first times all year we looked together as a team,� FLC head coach Oige Kennedy said. �We showed great fight, great team spirit.�
Trevor Gibbons got the Skyhawks off and running when he took a pass from Casey Dean, who returned from a knee injury, and rattled a shot off the post and in in the 33rd minute.
Artur Piperkov�s header off a Yannis Becker corner kick in the 50th minute gave the Skyhawks (7-4-1, 4-3-1 Rocky Mountain Athletic Conference) a 2-0 lead.
�I think it was only our second goal off a set piece all year,� said Kennedy, whose past teams had a knack for set-piece goals.
Matthew Stefanko�s header goal off a corner kick cut the deficit in half for the Grizzlies (1-10-0, 1-6-0 RMAC) in the 55th minute, but the Skyhawks held on from there.
FLC outshot Adams State 16-9 with a 10-3 edge in shots on goal. Ryan Schaul picked up the victory for FLC, which hosts CSU-Pueblo at 3:30 p.m. Friday.
�We saw that (Sunday) when we do work for each other and fight for each other, we can win games,� Kennedy said.