text:
Judge Somers
10-13712 Lunt (Doc. # 241) - Document Text
- Details
- Category: Judge Somers
- Published: 31 August 2012
- Written by Judge Somers
SIGNED this 31st day of August, 2012.
Designated for print publication
In re:
In this re-opened Chapter 7 case, Debtor Philip Duane Lunt requests the Court to
hold The Peoples Bank as Trustee (Trustee) of the Harry B. Lunt Trust (Trust) in
contempt for violation of the discharge injunction.1 The basis for the alleged violation is
the Trustee's offsetting of a 2010 distribution of Trust income to Debtor to satisfy
Debtor's obligation to the Trust for interest on a November 7, 1985, note (Note), even
1 Dkt. 160.
Case 10-13712 Doc# 241 Filed 08/31/12 Page 1 of 24
though Debtor's personal liability on the Note was discharged by an order entered in this
case on July 19, 1989. The Court has jurisdiction.2 Debtor moves for summary judgment
on his motion to find the Trustee in contempt for violation of the discharge injunction,
seeking an award of actual damages of $4,811.00 and his attorney fees for the Trustee's
alleged willful violation of the discharge injunction, plus punitive damages for the
Trustee's alleged bad faith violation of the discharge injunction.3 The Trustee opposes
Debtor's motion.4 Debtor's sister, Elaine L. Stelter (Elaine), and his brother, Steven A.
Lunt (Steven), beneficiaries under the Trust, were granted leave to participate in summary
judgment briefing.5 They oppose Debtor's motion for summary judgment and move for
summary judgment,6 contending that the Trustee's actions were authorized by the Trust
and did not violate the discharge injunction.
The parties agree which documents and events are relevant to this controversy.
The Court finds the following facts are uncontroverted for purposes of the cross motions
2 This Court has jurisdiction 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. A motion for contempt for violation of the discharge injunction is a core proceeding which this
Court may hear and determine as provided in 28 U.S.C. § 157(b)(2)(A). There is no objection to venue or
jurisdiction over the parties.
3 Dkt. 211.
4 Dkt. 222.
5 Dkt. 228.
6 Dkt. 233.
Case 10-13712 Doc# 241 Filed 08/31/12 Page 2 of 24
for summary judgment.
The Trust was established in 1978 by Harry B. Lunt (Harry or Grantor), the father
of Debtor, Elaine, and Steven (the Lunt Children). On November 7, 1985, the Trust
entered into a contract with Debtor and Debtor's wife, Rose Ann Lunt, for the sale of a
farmhouse to Debtor and Rose Anne. The purchase price was $50,000.7 In partial
payment for the home, Debtor and Rose Ann executed the Note, dated November 7, 1985,
for $33,333.33 payable to The Peoples Bank as Trustee. The Note provides for interest at
the rate of 10% per annum, payable from the date of the transfer of the property. The
principal is due in five years. Although the contract provides for transfer of the
farmhouse to Debtor and Rose Ann, the deed dated November 7, 1985, conveyed the farm
house only to Rose Ann. But it is uncontroverted that Debtor has lived in the farm house
since the transfer.
Debtor filed for relief under Chapter 7 on November 25, 1988. The Peoples Bank
and the Trustee were listed as creditors. A proof of claim for payment of the Note was
filed. Debtor was granted a discharge on July 19, 1989. The parties agree that the Note
was within the scope of the discharge order.
The Grantor created the Trust, which is governed by Kansas law, by an instrument
dated December 27, 1978. The Peoples Bank of Pratt is named as the Trustee. The Trust
agreement was amended in its entirety by an Amendment to Trust Agreement dated
7 The Note was therefore for two-thirds of the purchase price. There is no evidence that Debtor
paid the Trust the other one-third of the value. In essence therefore, through the Note, Debtor agreed to
pay the Trust Elaine and Steven's share of the value of the home.
Case 10-13712 Doc# 241 Filed 08/31/12 Page 3 of 24
March 29, 1984, and by a limited Amendment of Trust Agreement signed on November
7, 1985, addressing the Note. A purpose of the Trust was to provide for the Grantor
during his lifetime. Upon his death, a marital trust and a non-marital trust were created,
and distributions from the marital trust were made to Christine Lunt, Harry's wife and the
mother of the Lunt Children. The Trust provides that upon the death of Christine, which
occurred in 2004, the two trusts are to be administered as one for twenty years, after
which the Trust will terminate. Upon termination, the Lunt Children are entitled to
distributions of all principal and accrued and unpaid income.
The following specific terms of the Trust are relevant. The Trustee is given "all
powers expressly set forth in the Uniform Trustees Power Act (K.S.A. 58-1201, et seq) as
may be amended from time to time" and other powers set forth in the 1984 Amendment to
Trust Agreement.8 After Christine's death, Article VI(A)(3)(b) of the 1984 Amendment
to Trust Agreement, a subsection of the martial trust provisions, gives the Trustee
discretion to make distributions of income to the Lunt Children as follows:
[T]hen upon the death of Grantor's wife, the Trustee shall
continue to hold any accumulated income and principal in
trust and shall administer the same as follows:
. . . .
b. All or any part of the income of this trust
may be distributed at any time and from time to time
and for any reason for the benefit of the Grantor's
children in such proportions and amounts as the
Trustee may determine, it being the intention hereof to
8 1984 Amendment to Trust Agreement, Article VII.
Case 10-13712 Doc# 241 Filed 08/31/12 Page 4 of 24
vest in the Trustee the sole and absolute power to
distribute or not distribute amounts of income at such
times and in such proportions among said individuals
as it deems appropriate.
Also, under Article VI(C) of the 1984 Amendment to Trust Agreement, after the death of
Christine, the marital trust and the non-marital trust are treated as one and administered as
provided in the Amendment for a period of twenty years, when the Trust terminates.
Upon termination of the Trust, Article VI(C)(4) provides for equal distributions to the
Lunt Children, as follows:
Upon termination, the Trustee shall distribute the
principal and any accrued and undistributed income of the
trust in equal shares to the children of the Grantor, provided,
the Trustee is authorized and empowered to make unequal
distribution of the principal and any accrued and undistributed
income in cash or in kind in order to carry out the desires of
the Grantor for the Trustee to consider all transfers to
Grantor's children that have been made by the Grantor or his
wife by Will or otherwise. Any loans made by Grantor or his
wife which have not been repaid shall be treated as transfers
by the Trustee, whether or not the statutes of limitation have
The Amendment of Trust Agreement executed on November 7, 1985, the date of
the Note, states in part:
The Trustee is hereby directed to enter into the
attached contract on behalf of the Trust, to accept the notes as
required in such contract . . . and to execute the deed in the
form as attached hereto, to carry out the terms of the contract.
The Trustee is further directed that upon the death of
the survivor of myself and my wife . . . and collection of the
note to the Trustee in the amount of . . . $33,333.33 . . . ,
whichever event shall last occur, to distribute one-half (½) of
the principal of such note to my son, Steven A. Lunt and one
Case 10-13712 Doc# 241 Filed 08/31/12 Page 5 of 24
half (½) to my daughter, Elaine Lunt Stelter.
As found above, the home transferred from the Trust to Debtor and his wife was valued at
$50,000. Since the Note, the only consideration which Debtor paid for the home, was for
two-thirds of the home's value, Debtor received his one-third interest in that portion of
the Trust assets at the time of the transfer, and the other two beneficiaries, Elaine and
Steven, were to receive their share through distributions after payment of the Note.
Ted Loomis was The Peoples Bank trust officer primarily responsible for the Trust
from 1984 until 2006 or 2007. Thereafter, Richard Mullin was the primary trust officer for
the Trust, until he retired in December 2010. No distributions from the Trust to the Lunt
Children were made in 2004, 2005, or 2006. Beginning in 2007, equal cash distributions
were made on behalf of each child.9
By an e-mail to Richard Mullin, copied to Ted Loomis, dated December 16, 2009,
Debtor complained about the administration of the Trust as it related to Luntacres Farm,
Inc., a family farming operation, the stock of which is held at least in part by the Trust.
Debtor stated that he believed that his sister and Ted Loomis were "calling the shots" and
alleged that Ted Loomis was "running money through the Trust," or laundering money
through the Trust. Debtor concluded the correspondence by stating that he had been
thinking about what type of legal action could be taken. The following day, Debtor sent to
the same individuals another e-mail concerning similar allegations of mismanagement and
9 Adjustments were made to the cash distributions to Elaine and Steven to account for
withholding of taxes, but these adjustments are not relevant to this case.
Case 10-13712 Doc# 241 Filed 08/31/12 Page 6 of 24
stating that he firmly believed that Steven and Elaine "are managing the Harry B. Lunt
By letter dated December 18, 2009, Richard Mullin responded to the allegations
and also stated the following regarding distributions from the Trust:
Historically, we have tried to make distribution of the net
income of the trust to the three current beneficiaries. As you
know, the trust agreement gives the trust the full discretion as
to whether or not to make such distributions and, if so, in what
amounts. In other words, the trust agreement does not require
us to make distributions of income, nor must any such
distributions necessarily be equal between beneficiaries.
The reason I point this out is that we are quite concerned
regarding your failure, since 1985, to make any payments on
the note that had a face value of $33,333.33. Under its terms
and with accrued interest, you now owe over $112,000. In
accordance with the terms of an amendment to the trust, your
Father wanted for us to distribute the cash from the note
payment to Elaine and Steve after the death of your Mother.
Not only are we not able to do that since you have not made
payments on the note, but the note continues to accrue interest.
While we intend to carry out the terms of the trust regarding
any discretionary distribution of principal and/or interest to
you, we must begin making any income payments that have
historically been paid to you and use those amounts to make
payments on your liability to the trust. If your circumstances
would warrant a reconsideration of making a distribution
directly to you, please, at any time, make application for us to
reconsider our position.10
On December 19, 2009, Debtor again sent an e-mail to Richard Mullin and Ted
Loomis in which he referred to a "civil law suit' against the bank. By an e-mail dated
10 Dkt. 211-2 at 27-28.
Case 10-13712 Doc# 241 Filed 08/31/12 Page 7 of 24
April 15, 2010, to Ted Loomis, Debtor's attorney threatened to sue the bank for breach of
fiduciary duty and conversion relating to the farm corporation.
In 2010, Richard Mullin recognized that Debtor's failure to make payments on the
Note would preclude the express purpose of the Trust to divide the Trust assets equally
among the three children. He testified in a deposition as follows:
The primary thing was that I'd run an amortization
schedule of that note plus its accrued interest, and I don't
remember whether it had already reached but it was not too far
from reaching a one-third share of the trust as it was valued at
that time. And I was concerned that if we waited until 2024
that we would not be able to satisfy a one-third distribution of
the trust to the three beneficiaries.11
On June 2, 2010, the Trustee determined to distribute $4,811 in accrued income to
each beneficiary. But Debtor's distribution of $4,811 was not paid to him in cash. Instead
it was applied to "interest on Notes." At the same time, cash distributions of $4,811 were
made to Elaine and Steven, and the $4,811 to which Debtor would have been entitled was
divided into two additional cash distributions of $2,405.50 that were made to Steven and
A. The Nature of the Controversy.
Debtor's memorandum in support of his motion for summary judgment presents
four issues: (1) whether the discharge injunction applies to the Note; (2) whether the
11 Dkt. 211-5 at 3.
Case 10-13712 Doc# 241 Filed 08/31/12 Page 8 of 24
doctrine of recoupment applies to the Trustee's setoff of interest on the Note against the
June 2010 income distribution; (3) whether the Trust agreement gives the Trustee
authority to exercise the setoff; and (4) if the bankruptcy injunction was violated willfully
and in bad faith, whether Debtor is entitled to actual damages, attorney fees, and punitive
damages. According to Debtor, the material facts are uncontroverted and based upon the
foregoing issues, he is entitled to judgment as a matter of law.
The Trustee responds that: (1) setoff was authorized by the terms of the Trust and
applicable law; and (2) the doctrine of recoupment does not allow Debtor to be enriched
by his discharge in bankruptcy. Elaine and Steven respond to Debtor's motion and also
move for summary judgment, contending that: (1) through the doctrine of recoupment, the
Trustee could offset the interest against the distribution notwithstanding Debtor's prior
discharge; and (2) in the alternative, the Trust granted the Trustee inherent authority to
exercise setoff.
Although the parties contest the manner in which some of the facts are presented in
the opponents' briefs, the material facts of this controversy, as found above, are
uncontroverted. Under Rule 56,12 made applicable to this contested matter by Bankruptcy
Rules 9014(c) and 7056,13 the Court is therefore authorized to grant the motion of a
movant who is entitled to judgment as a matter of law.
B. The Discharge Injunction of 11 U.S.C. § 524(a)(2) Applies to the Note, But
12 Fed. R. Civ. P. 56.
13 Fed. R. Bank. P. 9014(c) and 7056.
Case 10-13712 Doc# 241 Filed 08/31/12 Page 9 of 24
the Doctrine of Recoupment Is a Recognized Exception to the Injunction.
As stated above, Debtor filed for relief under Chapter 7 on November 25, 1988.
The Peoples Bank and the Trust were listed as creditors. A proof of claim for payment of
the Note was filed. Debtor was granted a discharge on July 19, 1989. The Note was
included in the discharged debts. The effect of a discharge is addressed by § 524(a)(2) as
A discharge in a case under this title —
. . .
(2) operates as an injunction against the
commencement or continuation of an action, the employment
of process, or an act, to collect, recover or offset any such debt
as a personal liability of the debtor, whether or not discharge
of such debt is waived.
The parties agree that the foregoing injunction applies to Debtor's personal liability on the
However, as the parties recognize, under the doctrine of recoupment, the discharge
injunction does not prohibit a creditor's defensive use of the discharged debt.14 The
controlling question in this case is whether the recoupment doctrine applies to the
Trustee's offset. Recoupment originated as an equitable rule of joinder, allowing
14 Beaumont v. Dept. of Veteran Affairs (In re Beaumont), 586 F.3d 776, 781 (10th Cir. 2009) ("If
the recoupment doctrine applies, then there is no 'debt' or 'claim' here as defined in the Bankruptcy
Code, and Defendant has not violated the automatic stay nor the discharge injunction"); Anthem Life Ins.
Co. v. Izaguirre (In re Izaguirre), 166 B.R. 484, 493 (Bankr. N.D. Ga. 1994) ("Recoupment used as a
defense does not contravene the fresh start policy implicit in the discharge provisions of the Bankruptcy
Code."); Harry Bradford Barrett Residuary Trust v. Barrett (In re Barrett), 410 B.R. 113, 122 (Bankr.
S.D. Fla. 2009) ("Further, recoupment is not affected by the automatic stay, nor is exercising the equitable
right a violation of the discharge injunction.").
Case 10-13712 Doc# 241 Filed 08/31/12 Page 10 of 24
adjudication in one suit of two claims that the common law required be brought
separately.15 "Under recoupment, a defendant could meet a plaintiff's claim with a
countervailing claim that arose 'out of the same transaction.'"16 In bankruptcy,
"'[r]ecoupment' is an equitable doctrine . . . that allows one party to a transaction to
withhold funds due another party where the debts arise out of the same transaction. In
other words, the doctrine 'allows a creditor to recover a pre-petition debt out of payments
owed to the debtor post-petition.'"17 Determination of whether the doctrine applies in this
case depends upon whether Debtor's obligation to pay interest on the Note arose out of the
"same transaction" as his right to receive income distributions from the Trust.
To determine whether recoupment applies, the Court will reverse the order of issues
two and three presented by the Debtor. It will first examine the two debts involved in the
offset and their relationship under the Trust and Kansas law. Then the Court will examine
recoupment in more detail.
C. The Trustee's Offset Was Authorized under the Trust and Kansas Law.
The transaction which Debtor contends was not authorized by the Trust agreement
and violated the discharge injunction is the Trustee's application of Debtor's June 2010
income distribution from the Trust to his interest obligation to the Trust under the Note.
15Ashland Petroleum Co. v. Appel (In re B & L Oil Co.), 782 F.2d 155, 157 (10th Cir. 1986).
16 Id. (citing J. Moore, 3 Moore's Federal Practice ¶ 13.02, at 13-13 n. 1 (2d ed. 1985) and 20
Am. Jur. 2d Counterclaim, Recoupment, and Setoff, §§ 16-18 (1965)).
17 Beaumont, 586 F.3d at 780 (quoting Conoco, Inc., v. Styler (In re Peterson Distributing, Inc.),
82 F.3d 956, 959 (10th Cir. 1996), and City of Fort Collins v. Gonzales (In re Gonzales), 298 B.R. 771
(Bankr. D. Colo. 2003)).
Case 10-13712 Doc# 241 Filed 08/31/12 Page 11 of 24
To address Debtor's contentions, the Court must examine the Trustee's offset authority
under Kansas state law.
Neither the Debtor nor any of the other parties challenge the authority of the
Trustee to enter into the Note and to collect the amount due under the Note. Indeed, the
Trustee had such authority. The Note was authorized by the 1985 Amendment of Trust
Agreement. Authority to enforce the Note is found in K.S.A. 58a-815(a)(2)(A), a
subsection of the Kansas Uniform Trust Code,18 which grants to trustees of express trusts
"[a]ll powers over the trust property which an unmarried competent owner has over
individually owned property."
Likewise, neither the Debtor not any of the other parties challenge the authority of
the Trustee to make the June 2010 income distribution. Kansas law allows the Trustee to
apply Debtor's income distribution to payment of interest on the Note. Under the law of
trusts, "[a] trustee who has a duty to pay or distribute property to a beneficiary should be
able to set off against the sum due . . . (2) a liability of the beneficiary to the trustee in his
representative capacity."19 K.S.A. 58a-816(18) provides a trustee of an express trust may
"make loans out of trust property, including loans to a beneficiary on terms and conditions
the trustee considers to be fair and reasonable under the circumstances, and the trustee has
18 The 1984 Amendment to Trust Agreement provides that the Trustee has "[A]ll powers
expressly set forth in the Uniform Trustees Powers Act (K.S.A. 58-1201, et seq) as may be amended from
time to time." The referenced act was repealed in 2002 and replaced by the Kansas Uniform Trust Code,
K.S.A. 58a-101, et seq.
19 George Gleason Bogert, George Taylor Bogert, and Amy Morris Hess, The Law of Trusts and
Trustees, § 814, text associated with footnote 56 (current through 2011 update) (available under database
identifier BOGERT at www.westlaw.com).
Case 10-13712 Doc# 241 Filed 08/31/12 Page 12 of 24
a lien on future distributions for repayment of those loans."
Under Kansas probate law, which is similar to the law of express trusts, an heir "is
entitled to his distributive share of real property belonging to the estate only after all
equities in favor of the estate against him personally have been satisfied."20 The debt of a
distributee to an estate and interest thereon may be offset as a deduction from the
distributee's share of the estate, even though the statute of limitations has run on
enforcement of the note.21 Such offset is an equitable right, not the technical right of setoff
available in actions at law.22
Under the Bankruptcy Code, discharge eliminates the debtor's personal liability on
the obligation but does not "absolve the underlying debt retroactively."23 "[A] bankruptcy
discharge extinguishes only one mode of enforcing a claim — namely an action against
the debtor in personam."24 As a matter of state law, discharge of the debt, like the running
of the statute of limitations, does not provide the beneficiary a defense to offset. Reported
decisions from at least two states have upheld offset by a trustee to satisfy a discharged
debt to a trust. The Minnesota Court of Appeals has held that the trustee of an express
20 Blackwood v. Blackwood, 120 Kan. 72, 72 Syl. ¶ 1, 242 P.451, 452 Syl. ¶ 1 (1926).
21 In re Estate of Wernet, 226 Kan. 97, 108-09, 596 P.2d 137, 147 (1979).
22 Blackwood, 120 Kan. at 74-75, 242 P. at 452 (quoting Webb v. Fuller, 85 Me. 443, 27 A. 346
23 3 William L. Norton, Jr., and William L. Norton III, Norton Bankr. Law & Practice 3d, § 58:2
at 58-6 (Thomson Reuters/West 2012).
24 Johnson v. Home State Bank, 501 U.S. 78, 84 (1991).
Case 10-13712 Doc# 241 Filed 08/31/12 Page 13 of 24
trust may exercise discretion granted by the trust documents to offset distributions to a
beneficiary to satisfy a discharged debt.25 The Massachusetts Supreme Court has held a
trust provision directing that if any beneficiary is indebted to the donor at the time of
distribution, such indebtedness must be deducted from the beneficiary's distributive share,
applies to debts which have been discharged in bankruptcy, reasoning that discharge does
not extinguish the obligation 26
Further, the Court finds that the Trustee's application of Debtor's income
distribution to the interest under the Note was a proper method to effect the Grantor's
intent that distributions of principal to the beneficiaries upon termination of the Trust in
2024 be equal. This intent is stated in Article VI of the 1984 Amendment to Trust
Agreement, which also provides that to accomplish this goal, the Trustee should consider
all transfers to the Grantor's children. Article VI(C)(4) provides:
Upon termination, the Trustee shall distribute the
principal and any accrued and undistributed income of the trust
in equal shares to the children of the Grantor, provided, the
Trustee is authorized and empowered to make unequal
distribution of the principal and any accrued and undistributed
income in cash or in kind in order to carry out the desires of
the Grantor for the Trustee to consider all transfers to
Grantor's children that have been made by the Grantor and his
wife by Will or otherwise. Any loans made by Grantor or his
wife which have not been repaid shall be treated as transfers
by the Trustee, whether or not the statutes of limitation have
run. The decision of the amounts of the transfers shall be in
the Trustee's sole and absolute discretion and the decision of
25 Hurtig v. Gabrielson, 525 N.W.2d 612 (Minn. App. 1995).
26 Groden v. Kelley, 382 Mass. 333, 415 N.E. 2d 850 (1981).
Case 10-13712 Doc# 241 Filed 08/31/12 Page 14 of 24
the Trustee shall be final.
In 2010, the Trustee determined that if the Note was not paid and interest continued
to accrue, then upon termination of the Trust, the amount of the "transfer" to Debtor
arising from the Note and accrued interest would exceed the anticipated principal available
for distribution to Elaine and Steven. In an attempt to remedy this problem in part, the
Trustee in his discretion determined to use income payments, which had historically been
paid to Debtor, to make payment on Debtor's liability to the Trust. Debtor was advised of
this position in a letter to him from Richard Mullin dated December 18, 2009, and in June
2010, Debtor's share of the 2010 income distribution was applied to interest on the Note.
Debtor's one-third share of the income to be distributed was $4,811. Annual interest
under the Note was $3,333.33 and the accrued interest was approximately $79,000.
Debtor contends that the Trustee's reliance upon the foregoing provision of the
Trust regarding distribution of principal at termination is improper because: (1) the Note
was discharged; (2) the Note is not a loan; (3) the distribution was of interest, not
principal; and (4) the sale of property which gave rise to the Note was not a transfer by the
Grantor or his wife. The foregoing discussion disposes of Debtor's first argument; as a
matter of state law, the discharge does not bar offset. Debtor's second argument, that the
Note is not a loan, rests upon the fact that the Note is for payment of the value of property
transferred to Debtor and his wife by the Trust, not for cash advanced to them. The Court
rejects this restrictive construction of the Trustee's authority. It is only the second
sentence of the foregoing provision of the Trust which refers to loans, and reliance on that
Case 10-13712 Doc# 241 Filed 08/31/12 Page 15 of 24
sentence is not necessary to support the Trustee's actions. The Trust directs the Trustee to
consider "all transfers" and gives the Trustee full power to decide the "amounts of the
transfers." The Trust's conveyance of real property to Debtor and his wife on credit was a
transfer; the Trustee has determined that the projected credit of the transfer on the date of
termination of the Trust will be the amount of principal and accrued interest on the Note,
and that determination is final. Debtor's third argument, that offset was not authorized by
Article VI(C)(4) because the distribution was of interest, not principal, also fails. The
Trustee relies upon that article as providing a reason to exercise offset, not as providing
the express authority for doing so. That authority is discussed above. Debtor's fourth
argument, that the Trustee's action is unauthorized because the transfer of the real property
was by the Trust, rather than the Grantor and his wife, likewise fails. The Trust provision
is broadly written to apply to "all transfers to Grantor's children that have been made by
the Grantor and his wife by Will or otherwise." The use of the broad term "otherwise" is
sufficient to cover transfers by the Trust established by the Grantor.
The Court therefore concludes that the Trustee's action in offsetting the Debtor's
interest obligation under the Note against the income distribution was in accord with the
Trust provisions and applicable Kansas law.
D. The Offset Did Not Violate the Discharge Injunction Because the Doctrine
of Recoupment Applies.
Whether the Trustee's actions, even though in accord with state law and his
authority under the Trust, constituted a violation of the discharge injunction is a matter of
Case 10-13712 Doc# 241 Filed 08/31/12 Page 16 of 24
federal law. Section 524(a)(2) of the Bankruptcy Code provides that a discharge "operates
as an injunction against . . . an act, to collect, recover or offset any such debt as a personal
liability of the debtor, whether or not discharge of such debt is waived." But if the
recoupment doctrine apples, then there is no "debt" as defined in the Bankruptcy Code,
and there is no violation of the injunction.27
Recoupment applies only when the two debts arose out of the "same transaction."
The Tenth Circuit has adopted the Third Circuit's "single integrated transaction"
definition of the phrase "same transaction.28 Under this construction, "same transaction"
means that "'both debts must arise out of a single integrated transaction so that it would be
inequitable for the debtor to enjoy the benefits of that transaction without also meeting its
obligations.'"29 When adopting this test, the Tenth Circuit emphasized the equitable basis
for the narrow construction. The Circuit reasoned that the "'same transaction' requirement
acts as a mechanism to ensure that equitable reasons for recoupment are present."30 Under
this test, when the issue is whether offset violates the discharge injunction, the Circuit
27 Beaumont, 586 F.3d at 781.
28 Peterson Distributing, 82 F.3d 956, 960 (10th Cir. 1996) (citing University Medical Ctr. v.
Sullivan (In re Univ. Medical Ctr., Inc.), 973 F.2d 1065, 1081 (3rd Cir. 1992)).
Elaine and Steven urge this Court to construe the same transaction requirement for recoupment
using the "logical relationship" test. Dkt. 233 at 12-16. This is a less strict test of relationship than the
"single integrated transaction" test. But the "logical relationship" test was expressly rejected by the Third
Circuit in University Medical Center, 973 F.2d at 1081, when it adopted the "single integrated
transaction" test, and the Tenth Circuit has expressly adopted the Third Circuit's narrow construction.
Peterson Distributing, 82 F.3d at 960-61.
29 Peterson Distributing, 82 F.3d at 960 (quoting University Medical, 973 F.2d at 1081).
30 Id. at 960-61.
Case 10-13712 Doc# 241 Filed 08/31/12 Page 17 of 24
examines the "equities of the case, and determine[s] whether the claims 'are so closely
intertwined that allowing the debtor to escape its obligation would be inequitable.'"31
Examination of Tenth Circuit recoupment decisions illuminates the test. In
Davidovich,32 the debtor, an attorney, brought an action against his former law partner to
recover an amount awarded to him in an arbitration proceeding. Debtor's former partner
responded by seeking to set the debtor's arbitration award off against two claims he held
against the debtor, one arising from the same arbitration proceeding as the debtor's claim
and the other for funds that the former partner had paid into the law partnership when the
debtor failed to make a capital contribution. The Tenth Circuit allowed recoupment as to
the claims arising from the arbitration proceeding; both debts arose from "a single
integrated transaction, the binding arbitration proceeding . . . such that it would be
inequitable for Davidovich to enjoy the benefits of that transaction without meeting its
obligations."33 However, recoupment was not allowed as to the partnership contribution,
because the right to compensation arose under the partnership agreement and not the
arbitration award which was the basis for the debtor's claim.34
In Peterson Distributing,35 the Tenth Circuit expressly adopted the Third Circuit's
31 Beaumont, 586 F.3d at 781 (quoting Peterson Distributing, 82 F.3d at 960).
32 Davidovich v. Welton (Davidovich), 901 F.2d 1533 (10th Cir. 1990).
33 Id. at 1537.
34 Id. at 1538.
35 Peterson Distributing, 82 F.3d at 960.
Case 10-13712 Doc# 241 Filed 08/31/12 Page 18 of 24
"single integrated transaction" test and emphasized the equitable foundation of the
doctrine which had been recognized in prior Tenth Circuit opinions. In Peterson
Distributing, the Chapter 7 debtor was a franchisee of creditor Conoco and opposed
Conoco's attempt to offset or recoup $69,370.49 worth of credit card invoices owed to the
debtor against Conoco's $245,159.06 claim against the debtor for purchases of Conoco
products. The credit card invoices had been accepted by the debtor from its customers
who purchased Conoco and other products and services. Under the franchise agreement,
Conoco agreed to accept the invoices and pay the debtor the face amount of the invoices,
less three percent. The Tenth Circuit held that the two obligations did not arise from a
single integrated transaction.36 Although both obligations were governed by a single
franchise agreement, that agreement attempted to set forth the entire business relationship
between Conoco and Peterson and therefore governed many transactions. Further, the
Circuit found that "no overriding equitable reason exists that compels the application of
the doctrine of recoupment;"37 in that case; rather, allowing recoupment would have
unjustly enriched Conoco to the detriment of other creditors.
In Beaumont,38 the Tenth Circuit held that recoupment by the Department of
Veteran Affairs (VA) of prepetition overpayments of disability benefits to the debtor from
postpetition benefits owed to the debtor did not violate the automatic stay or the discharge
36 Id. at 961-63.
37 Id. at 962.
38 Beaumont, 586 F.3d 776.
Case 10-13712 Doc# 241 Filed 08/31/12 Page 19 of 24
injunction. The debtor was a disabled veteran who began receiving disability benefits in
1993. In 2001, he received a probate distribution. Pursuant to federal law, the debtor's
benefits were subject to being reduced by the amount of any income he received, including
an inheritance. In the spring of 2005, after learning of the inheritance, the VA advised the
debtor that he owed $18,448 because of the inheritance and that it intended to collect the
claim by offsetting future disability payments owed to the debtor, as was expressly
permitted by statute. The debtor responded by filing for bankruptcy relief, and the VA
continued to offset his benefits during the bankruptcy proceedings. The debtor contended
this conduct violated the automatic stay and the discharge injunction. The Tenth Circuit
This Court finds that the obligations of both parties did
arise from the "same transaction." Plaintiff's [debtor's] claim
for and award of pension benefits generated the Defendant's
[VA's] obligation to pay those benefits. The Defendant's
obligation to pay benefits was and is contingent upon
Plaintiff's financial situation, his annual income, and his
responsibility to keep the Defendant informed of his financial
situation. Plaintiff's inheritance had the effect of reducing the
amount of benefits he could receive from the Defendant.
Therefore, Plaintiff's inheritance was directly related to or
intertwined with the amount of benefits Defendant was
obligated to pay to him, and the resulting overpayment of
benefits. It is unlawful for Plaintiff to keep any overpayments
so long as the Defendant, through its own administrative
procedures, has properly determined the amount of
overpayment and properly considered Plaintiff's disagreement
with that determination. The Court believes that it would be
inequitable for the Plaintiff to receive his inheritance, continue
to receive benefits as if his income was zero, then be able to
discharge in bankruptcy the overpayments once it was
Case 10-13712 Doc# 241 Filed 08/31/12 Page 20 of 24
determined that he had been overpaid.39
In this case, Debtor's obligation to the Trust involved in the setoff is his liability for
interest on the Note. As discussed above, the effect of discharge is limited to Debtor's
personal liability under the Note. Section 524 "does not address the continuing validity of
the discharged debt."40 Therefore, discharge did not extinguish the obligation to the Trust
or affect the accrual of interest.41 Interest continues to accrue on the Note at the rate of
$3,333.33 per year. With respect to the year for which the income distribution was made,
there is no doubt that Debtor's obligation for that interest and the Debtor's right to an
income distribution are intertwined. Both relate to the administration of the Trust during
the same time period and to Debtor's then current rights and obligations. The recoupment
here is very similar to the recoupment in Davidovich, where both debts arose from the
same arbitration award. It would be inequitable for the Debtor to receive an income
distribution for the same period of time for which he was not honoring his obligation to
pay interest.
This leaves the question whether the Trustee violated the discharge injunction by
39 Id. at 781.
40 3 Norton Bankruptcy Law & Prac. 3d, § 58:2 at 58-6.
41 See Bank of Prairie v. Picht (In re Picht), 428 B.R. 885, 891 (10th Cir. BAP 2010) (after
discharge of a secured debt, the secured debt continues to exist and is enforceable against the property
securing the debt; the lien survives and its value is not in any way limited or stripped by the discharge);
Hagemann v. Chemical Mortgage Co. (In re Hagemann), 86 B.R. 125 (Bankr. N.D. Ohio 1988) (holding
that discharge did not bar mortgage foreclosure action to enforce in rem rights to recover principal and
interest for the period of time before and after discharge, up to the value of the collateral).
Case 10-13712 Doc# 241 Filed 08/31/12 Page 21 of 24
offsetting the remaining $1,477.6742 against Debtor's interest obligation for a prior year.
The Court finds there was no violation. Although these two transactions are not as closely
related in time as are Debtor's 2010 interest obligation of $3,333.33 and a portion of the
2010 trust distribution equal to that amount, they still satisfy the "single integrated
transaction" test. The distribution of income is related to the accrued interest because,
absent recoupment, the Note plus accrued interest would exceed Debtor's one-third
interest in the principal of the Trust. Here, as in Beaumont, where past overpayments were
offset against current benefits, the offset is authorized by non-bankruptcy law. Unlike
Peterson Distributing, there are no creditors whose rights will be adversely affected, so the
only bankruptcy policy impacted is Debtor's fresh start as implemented by the discharge
injunction. This interest in a fresh start pales when compared with the Trustee's interest in
carrying out the Grantor's intent to equalize the principal distributions to the beneficiaries
upon termination of the Trust. And allowing recoupment promotes equity. Because of
Debtor's discharge, the Trustee is prohibited from enforcing the Note as a personal
liability of Debtor. As a result, Elaine and Steven will not receive their distributions of the
Note principal, which distributions are specifically provided for in the Trust amendment
authorizing the Note. Application of the discharge injunction as a shield to prevent the
offset of income distributions against Debtor's interest obligations would compound the
injustice by allowing Debtor to benefit from current distributions from the Trust without
42 Calculated by subtracting $3,333.33, one year's interest, from the $4,811 income distribution.
Case 10-13712 Doc# 241 Filed 08/31/12 Page 22 of 24
having to comply with his duties to the Trust.
E. Debtor's Motion for Summary Judgment on his Motion for Contempt Is
The linchpin of Debtor's motion to hold the Trustee in contempt is the contention
that the June 2010 offset of his income distribution to satisfy a portion of the accrued
interest on the Note was a violation of the discharge injunction of § 524(a)(2). The
material facts concerning the setoff are uncontroverted. And, for the reasons stated above,
the Court has found that the doctrine of recoupment applies to the offset, so that there was
no violation of the discharge injunction. Debtor's motion for summary judgment on his
motion for contempt is therefore denied.
Denial of the motion for for summary judgment on the motion for contempt renders
moot Debtor's allegations, based upon Debtor's correspondence with the Trustee in late
2009 and 2010, that the Trustee willfully violated the discharge injunction and acted in
bad faith. The Court therefore does not address the Debtor's fourth issue.
F. Elaine Stelter's and Steven Lunt's Motion for Summary Judgment Is
Elaine and Steven filed a cross motion for summary judgment. They contend that
the material facts are uncontroverted and as a matter of law, judgment should be entered
against Debtor, since the Trust is entitled to recoup Debtor's interest obligation. For the
reasons stated above, the Court agrees. The motion for summary judgment filed by Elaine
Stelter and Steven Lunt is granted.
The foregoing constitutes Findings of Fact and Conclusions of Law under Rules
Case 10-13712 Doc# 241 Filed 08/31/12 Page 23 of 24
7052 and 9014(c) of the Federal Rules of Bankruptcy Procedure, which make Rule 52(a)
of the Federal Rules of Civil Procedure applicable to this matter.
Judgment is hereby entered denying Debtor's Motion for Summary Judgment43 and
granting Elaine L. Stelter's and Steven A. Lunt's Cross Motion for Summary Judgment.44
The judgments based on this ruling will become effective when the ruling is entered on the
docket for this case, as provided by Federal Rule of Bankruptcy Procedure 9021.
# # #
43 Dkt. 211.
44 Dkt. 233.
Case 10-13712 Doc# 241 Filed 08/31/12 Page 24 of 24
- << Prev
- Next


text:
5 Logical Fallacies That Make You Wrong More Than You Think
The Internet has introduced a golden age of ill-informed arguments. You can't post a video of an adorable kitten without a raging debate about pet issues spawning in the comment section. These days, everyone is a pundit.
But with all those different perspectives on important issues flying around, you'd think we'd be getting smarter and more informed. Unfortunately, the very wiring of our brains ensures that all these lively debates only make us dumber and more narrow-minded. For instance ...
#5. We're Not Programmed to Seek "Truth," We're Programmed to "Win"
Think about the last time you ran into a coworker or family member spouting some easily disproven conspiracy theory -- somebody who still thinks Obama's birth certificate is a fake or that Dick Cheney arranged 9/11 to cover up his theft of $2.3 trillion from the government. When they were shown proof that their conspiracy theory was wrong, did they back down? Did they get this look of realization on their face and say, "Wow ... if this is untrue, then maybe the other 'facts' upon which I've based my fringe beliefs also aren't true. Thank you, kind stranger, for helping me rethink my entire political philosophy!"
That has literally never happened in the history of human conversation. Whether it's a politician whose point has been refuted or a conspiracy theorist who has been definitively proven insane, they will immediately shift to the next talking point or conspiracy theory that backs up their side, not even skipping a beat. They keep fighting to defend their position even after it is factually shown to be untrue. But what's really weird is that process -- of sticking to your guns even after you've been proven definitively wrong -- is apparently the entire reason humans invented arguing.
"OK, so Dick Cheney doesn't have a third arm. He might still be capable of spitting acid."
The Science:
It's called the argumentative theory of reasoning, and it says that humans didn't learn to ask questions and offer answers in order to find universal truths. We did it as a way to gain authority over others. That's right -- they think that reason itself evolved to help us bully people into getting what we want. Here's how a proponent puts it:
"'Reasoning doesn't have this function of helping us to get better beliefs and make better decisions,' said Hugo Mercier, who is a co-author of the journal article, with Dan Sperber. 'It was a purely social phenomenon. It evolved to help us convince others and to be careful when others try to convince us.' Truth and accuracy were beside the point."
And as evidence, the researchers point out that after thousands of years of humans sitting around campfires and arguing about issues, these glaring flaws in our logic still exist. Why hasn't evolution weeded them out? The answer, they say, is that these cognitive flaws are adaptations to a system that's working perfectly fine, thank you. Our evolutionary compulsion is to triumph, even if it means being totally, illogically, proudly wrong.
"Check it out, you guys, Carl has something called 'Loose Change' loaded up on his iPhone."
Yes, kids, being a dick works.
So During Your Next Argument, Remember ...
You do this, too. If you're a human being, you're from a long line of people who got to the winner's circle again and again by ignoring facts in favor of advancing your side. So, the next time you find yourself desperately Googling for some factual example that proves your argument is right, and failing to find even one, stop. See if you can put the brakes on and actually say, out loud, "Wait a second. If the things I'm saying in order to bolster my argument are consistently wrong, then maybe my argument is also wrong."
"But if President Obama isn't a serial killer, what does my life mean?"
It's going to be harder than you think. Back when evolution was still sculpting your ancestor's brains, admitting you were wrong to the person you were debating got you bred out of existence. These days, being able to admit you're wrong is the greatest skill you can develop if you want to stay married.
#4. Our Brains Don't Understand Probability
Do you know a guy who keeps a loaded shotgun under his bed? You know, in case a gang of European terrorists storm into his house and try to kidnap his family?
If you throw a bunch of statistics at him about how unlikely that is (for example, that he lives in a low-crime suburb in Wisconsin where there's only been one murder in the last 40 years, that he's statistically more likely to accidentally do something stupid than ward off a criminal and that more people were struck by lightning last year than successfully shot bad guys in the middle of committing crimes), it won't change his mind. Instead, he'll rebut you by citing a news story or an anecdote about a guy who successfully fended off a Die Hard bad guy thanks to his trusty 12-gauge. For him, that single, vivid example completely overrides all talk of statistics or probability.
Also, zombies.
Now take it into the realm of politics. The U.S. has spent $1.3 trillion on the war on terror so far. That was in reaction to about 14,000 total deaths from international terrorism from 1975 to 2003. That's more than $90 million spent for each person killed.
If you point out that this money would have been better spent preventing industrial accidents (which kill twice as many people per year than died in the World Trade Center) or, even better, curing cancer (the equivalent of about 200 WTC attacks each year), you'll be told, "Say that to the 9/11 victims, hippie!"
"Why do you hate eagles?"
The Science:
It's called neglect of probability. Our brains are great for doing a lot of things. Calculating probability is not one of them. That flaw colors every argument you've ever had, from the tax code down to that time your friend totally cheated you in a coin-flip.
This game exists because your brain is bad at math.
In this experiment involving electrocuting subjects (presumably conducted by Dr. Peter Venkman) scientists found people were willing to pay up to 20 dollars to avoid a 99 percent chance of a painful electric shock. Seems reasonable enough. But the same subjects would also be willing to pay up to seven dollars to avoid a tiny 1 percent chance of the same shock. It turned out that the subjects had only the vaguest concept of what 99 percent or 1 percent even means. All they could think about was the shock.
It's no surprise that we're bad at this, since the whole concept of measuring probability is a recent invention. Early man didn't have any concept of what percentage of bear encounters ended in being eaten. He only knew that he didn't want to be eaten. Our brains are not meant to instinctively understand any equation more complex than this:
Bear = Run Away
We're pretty sure there's supposed to be a coefficient of pant-soiling in there somewhere.
That worked fine for a hunter-gatherer trying to avoid being devoured by a bear like his father was. Unfortunately, running a government or an economy is a little more complicated, and we're still stuck in "Bear = Run Away" mode.
As experts point out, when there is strong emotion tied to the unlikely event, our ability to continue to see it as unlikely goes out the window. Thus, any statement of "It's very unlikely your child will be eaten by a bear, these bear traps in the yard are unnecessary and keep injuring the neighborhood kids" will always be answered with, "Say that when it's your child being eaten!"
So During Your Next Argument, Remember ...
Again, everybody does it. The only difference is which issue is so charged for us that we're willing to throw probability out the window.
"Math can blow me, I know that gardener is out to steal my babies."
Look, we realize not everyone is going to stop shouting at each other at protests, sit down and go over the numbers. But maybe take a deep breath and think twice before the next time you tell someone: "We'll see how you feel when it happens to you!"
#3. We Think Everyone's Out to Get Us
If you're smart and savvy, you know not to trust anyone. This is why we can excuse ourselves for using shady or flat-out dishonest tactics to win an argument. We're sure the other guy is doing much, much worse.
"I will yield that the sky is blue, if you acknowledge that the moon landing was engineered by an unfrozen Walt Disney."
The world is so full of hidden agendas and stupid ideologies that we have to do whatever we can to keep up. And "whatever we can" is often code for lying.
The Science:
Think about all the people you've disagreed with this month. How many of them do you think were being intentionally dishonest? Experts say you're almost definitely overshooting the truth. It's called the trust gap, and scientist see it crop up every time one human is asked to estimate how trustworthy another one is. In one study, subjects were asked to rate the likelihood that strangers would share pretend winnings with them. The subjects figured about half were trustworthy enough to share. When it came time to actually share, about 80 percent came through. The subjects thought the world was almost twice as corrupt as it actually is.
"Most of the people in this calculus class would cut my throat for a value meal."
The problem, as another study found, is that when you assume someone is lying, you rarely find out that you're wrong. You just walk away congratulating yourself on being able to sniff out an ambush from a mile away.
"Why would he flee the country? He loves surprise parties, poker and judging blow job contests."
We start assuming people have ulterior motives and hidden agendas as early as age 7 and from that point on, we never have to lose another argument for the rest of our lives. After all, if we assume the person we're arguing with is lying, the only thing they can prove to us is that they're a really good liar. This is how racism, sexism and any other sort of discrimination work. Once someone's made-up their mind that color is the culprit, convincing them otherwise is going to be close to impossible, no matter how ridiculous the scenario.
"I can't buy anymore white cars from you, Sneaky Pete. They keep blowing up. What other colors do you have in this model?"
This is also where you get claims like, "Those conservatives don't really think taxes are too high, they secretly hate poor people!" or "Those liberals don't really think the poor need assistance, they're secretly communists!" It's impossible to learn anything from a conversation with someone who you think is lying to you. The more arguments you get into with those lying extremists from the other side of the aisle, the more you learn about how they lie, the faster your brain turns off after they start talking.
So During Your Next Argument, Remember ...
Do you support the Occupy Wall Street movement? If so, do you find it frustrating when opponents claim the protesters have a hidden agenda and are just tools of the communists?
Do you support the Tea Party? Do you find it frustrating when opponents dismiss the movement as a bunch of racists?
No matter what side you're on, you've played that game, and all it does is give you an excuse to ignore everything the other person says. You're dismissing their points as lies, they're doing the same to you, so why are you even having the conversation? Because you like making everyone else at the dinner table feel tense and awkward?
Either admit that maybe this person honestly thinks what they're saying is true, or just talk about sports.
"I always found lacrosse a little too socialist."

subset: commoncrawl


text:
|Forum Home
|Members List
|Mark Forums Read
|Thread Tools
|Display Modes
That said, I do agree with you... to an extent. Personally, tutorials are generally where I learn to experiment. I very rarely follow a tutorial step by step to get the exact same result as the person who wrote it. Maybe I just don't have the patience, but I find it far more effective to strip the tools and basic teachings from the tutorial, apply those, and then absorb more tools from other tutorials. A lot comes from trial and error, yes, and no one can teach that, but it doesn't mean you have to go in alone and unarmed, does it?
Regarding your opinion about portfolio versus attitude. We'd all like the total package... someone who has a great portfolio, is passionate about their work, and isn't a jackass, and in a competitive industry it's these people who get hired, but if you were in the position to hire someone, would you choose someone who had a great attitude and a mediocre portfolio, or keep waiting until you inevitably got something stronger out of the oodles of applications?
That said, I do believe attitude and especially the ability to be a team-player are extremely important qualities to have.
Courtney Keene
Game Writer
Portfolio and Blog
Junior Member
Agreed Courtney, as I stated tutorials are a great way to start. If these tutorials explain the baby steps and rationale then sure, go ahead and start with them but as stated do not copy and paste and realize they will only take you so far. I may have been a bit hard on the tutorials but from my experience I never used tutorials for modeling.
Adding to the qualities of that perfect candidate, so many things can make or break the candidate. I believe the personality in a team based industry is held higher then the level of work. Which is why I say talented people just do not get jobs due to attitude. But theres more than even this as you probably know Courtney. Over all, you need to be out going, build a "hard skin" meaning be ready to have people tell you that your model just sucks and realize that and do it again, extremely talented, honest, passionate about games and be able to talk about your work and how it relates to the relevant games.
Also, Tim, touching on poly count - there definitely are poly counts. I had 5 Art Tests total and not a single one was allowing over 3,500 Tris for a Next Gen Game and for the two MMORPG Art Tests, I was limited to 2,500. Now these rules can be broken. When I flew into one Game Studio they had something they call the "awesome" rule. If it looks freakin' awesome and the engine can run it, they put it into the engine. An example of this is an asset one guy was modeling that was a ship you can fly in the game so essentially it was a character and it was nearly 10,000 tris. Now they said they will take it down to 6,500 but still, 6,500 for a character model in a MMORPG is pretty insane. Not to mention they are doing many maps such as Normal, Diffuse, Specular and Gloss.
Oh by the way you guys / girls can call me Ryland. I will go put it in my sig.
Last edited by Geffex : 05-27-2008 at 01:26 PM.
« Previous Thread | Next Thread »
|Thread Tools
|Display Modes
Linear Mode
Powered by vBulletin® Version 3.6.9
Copyright ©2000 - 2016, Jelsoft Enterprises Ltd.
Copyright ©2000 - 2016, Jelsoft Enterprises Ltd.
All times are GMT -8. The time now is 01:38 AM.


text:
A file watching facility for Java. Uses native platform support to avoid polling on selected platforms (currently supports win32, Mac OS X, Linux and FreeBSD on x86 platforms). Implements JDK 7's WatchService, but also runs on Java 5 and 6
- Directory monitoring and file change notification library with native support
- No polling on supported platforms (Windows, Linux; FreeBSD and MacOSX will pollin selected cases)
- Supports ENTRY_RENAME on selected platforms
- Allows recursive monitoring of whole directory trees (Windows only)
User Ratings
User Reviews
Simple. Useful. Light.
Thanks jpathwatch
It uses the Java7 API, but works on Java 5 and 6. This is not only a great idea, but the implementation works like a charm! Thank you Uwe!
I like this project and could test it on Windows and Mac OS without any complications. Good work, Uwe! It's interesting that depending on the OS for each file put in the watching queue you get different number of MODIFY Events, e.g. on Mac OS I get 1 and on Windows XP I get 3. However as Uwe told me you can never rely on these numbers. Ralf


text:
UI estimates Sandy repair costs at between $35 million and $40 million
Not a subscriber? You can purchase a single-day subscription for only $0.75 to read this and access all of our content and our E-Edition. CLICK HERE purchase a single day subscription.
Become an electronic subscriber to the Republican-American for only $8 a month. CLICK HERE.


text:
Joe Wilson Imagine Cup 2009 Video Diary #6
- Posted: Jul 06, 2009 at 12:03PM
- 6,393 views
Right click "Save as…"
If you didn't know, Imagine Cup is actually broken out into multiple contests. Joe walks us through a few of the contests and where the students show each other their works.
Oops, something didn't work.
Comments have been closed since this content was published more than 30 days ago, but if you'd like to continue the conversation, please create a new thread in our Forums, or Contact Us and let us know.


text:
NYC Thanksgiving Parade Balloons Survive Sandy, Parade to Go On. Accuweather
Shoppers Are Already Camping Out in Front Of Best Buy Stores, And People Can't Believe It. YAHOO! Finance
Salvador Dali etching donated anonymously to Goodwill. CNN
Avoid these 10 bad-mood foods. TODAY
Agave Nectar
The Joy-Killing Truth: Agave is promoted as a healthy, natural sweetener, but that's simply a myth. "Agave isn't a health food," says Dr. Ramsey. "People have been misled."
Conventional Holiday Ham
The Joy-Killing Truth: Conventional hams come from factory farms where pigs are pumped full of antibiotics. These hams are also injected with sugar, salt, fillers, and nitrate preservatives that can trigger low moods, migraines, and even swollen ankles, and "cankles" can make anyone seriously depressed!
Healthy Switch: Try a new holiday tradition: Wild-caught Alaskan salmon, bursting with memory-preserving, mood-boosting omega-3 fats DHA and EPA.
The Joy-Killing Truth: It's estimated that the average American drinks a whopping 600 sodas a year. These drinks turn to fat inside our bodies, sending our moods plummeting after the initial sugar rush, explains Dr. Ramsey.
Healthy Switch: As a replacement, try adding a bit of organic fruit juice to soda water.
The Joy-Killing Truth: For decades, scientists debated what was healthier for humans, margarine or butter. Now, the science is clear--margarines made of inflammation-promoting, industrial fats are harmful, and the high levels of omega-6 fatty acids could tamper with our mood and healthy insulin levels, too.
Healthy Switch: Pastured butter -- meaning butter from grass-fed cows -- is higher in a special kind of fat called conjugated linoleic acid, or CLA. This fat features anti-cancer properties and has been shown to slash belly fat, lower heart attack risk. Pastured butter also packs a brain-healthy omega-3 punch that industrial fats used for margarine can't deliver.
Processed Pumpkin Seeds
The Joy-Killing Truth: Raw pumpkin seeds or those you roast yourself are perfectly healthy. But those processed pellets in plastic packaging? Not so much.
Potato Chips
The Joy-Killing Truth: Between the winter holidays and football season, it's nearly impossible to dodge potato chips. But those taters are likely fried up in oils laden with omega-6 fatty acids that block out mood-enhancing, brain-building omega-3 fatty acids. Frying potatoes also creates the carcinogen acrylamide.
The Joy-Killing Truth: Many of us grew up being told bagels are healthy. The truth is, these breakfast favorites are packed with refined carbs that result in a major energy crash and mood bust before lunchtime. Plus, companies are doubling the size of bagels compared to just a few decades ago.
Healthy Switch: Opt instead for organic, pastured eggs because they're full of important brain and mood-boosting nutrients like B vitamins, zinc, and iodide, and they'll keep you full and energized, recommends Dr. Ramsey.
The Joy-Killing Truth: The packaged, salted peanuts commonly served at holiday parties are high in sodium and questionable food additives, including monosodium glutamate (MSG), an artificial flavoring linked to migraines, weakness, burning sensations, wheezing, and difficulty breathing in some people -- and who wants to deal with that at a holiday party?
Healthy Switch: Create a brain food nut mix by combining omega-3-rich walnuts, almonds rich in vitamin E, which protects vital brain fat, and a few selenium-rich Brazil nuts.
Vegetable Shortening
The Joy-Killing Truth: Common in holiday baking, you should avoid vegetable shortening for the same reason you should be bypassing industrial-fat-derived margarine -- an increase in omega-6 fatty acids that block out brain-building, mood-promoting omega-3 fatty acids.
4 Alternative Cooking Oils That Belong in Every Kitchen
Healthy Switch: "The shocking baking swap is using pastured lard instead of vegetable shortening," says Dr. Ramsey.
Sugar-Packed Sweet Potatoes
The Joy-Killing Truth: Many packaged sweet potatoes and even homemade recipes for candied or marshmallow casserole sweet potatoes call for multiple cups of sugar that will start the suffering process for your brain and mood minutes after eating. High blood sugar levels actually age our blood vessels, shrink our brains, damage vision and nerve function, and increase our risk of depression and Alzheimer's disease.
Healthy Switch: Naked sweet potatoes--ones baked without all of the added sugar--are loaded with beta-carotene, a fat-soluble, brain-protecting antioxidant the body uses to manufacture vitamin A.
The NEW Black Friday App is Here.
Love letters lost to Sandy will return to widow, 91. TODAY
Facebook campaign gets kids 100,000 'Likes,' a cat. TODAY
Season's greetings need more glam? Send a $5,000 card. TODAY
9 Thanksgiving Infographics Worth Checking Out. Shape
Thanksgiving dinner dangers for your dog. Shine from YAHOO!
Now Playing: The Lion and t...
Artist: Big Daddy Weave
On-Air: Larry Wayne
Thanks for listening to the Scott and Kelli Show! You can listen online weekdays from 5-9pm Eastern at www.klove.com/listen.
Like Us
Scott Smith
Kelli Caldwell


text:
My sons is on this horrible tasting medicine. He hates taking it. We have tried mixing it with ice cream, apple sauce, and milk. He then refuses to eat/drink that. It ends up I have to wrestle with him and force it down. Once he threw it right back up. Other suggestions of how to get him to take it. It is flavored, it is just horrible. I feel so badly for him and give him lots of snuggles and love afterward and let him know I understand but I have to make him take it. What do I do?
I'd try something with a strong flavor that he likes. Ice cream, milk, apple sauce, etc. are all pretty bland when compared to strong flavors. Milk-based products (and bread) may help as chasers, though, as I've found them to be pretty good at palate cleansing (they're particularly useful for spicy stuff, but they generally help with other things in my experience). Things I might try, depending on his age:
The idea here is to hopefully find something that overpowers or at least minimizes the flavor of the medicine. Obviously some of these are less appropriate than others (particularly pop), but given it's a non-regular thing, I'd personally be willing to be a little flexible.
Have you tried using a dropper? It helps by getting the medicine past the tongue. It takes a little longer but we have had far more success with droppers than cups.
What follows is not a quick fix but rather a long term suggestion.
I find that the most important aspect of giving medicine to both pets & kids is in the approach. If you approach the medicine with fear and reluctance it's clear to animal and child alike. I've watched parents hold their kids mouths open so they could poor the medicine down. What is usually clear to me, and probably their kid, is that the parent has assumed from the outset that they would have to force the medicine down. They essentially set themselves up to fail.
I actually learned this with a cat years ago. My girlfriend's cat was on some medicine and my girlfriend was having a nightmare of a time trying to get her to take it. Her approach was to pick up the cat and force the dropper into it's mouth and try to squeeze the medicine out quickly and perhaps try to hold the cat's mouth closed. The cat would of course spit out the dropper and they would wrestle a bit leaving half the dose on the floor and my girlfriend's arm all scratched up.
One day I volunteered to give the medicine and after she was finished staring at me in stunned confusion she handed over the medicine. I then gently picked up the cat and offered the dropper to her. I let her smell the end and gently squeezed a bit of medicine out. She licked it, liked it and continued to lick. I then slowly squeezed out the rest of the dose and she took it happily.
Obviously this became the method we used going forward and it got to the point where the cat would seek out the bottle of medicine and when she found it start meowing. I'm not going to take credit for her liking the medicine as I'm certain this was because she seemed to get inebriated on it. I will take credit, however, for her discovering that the medicine could be a good thing and I have taken the same approach with my four year old son.
When he was young and desperately ill I would gently offer him medicine as a way of alleviating the symptoms.
I would then take a dropper of something like Tylenol or gripe water and slowly squeeze the medicine into his mouth. I have a deep distrust of flavored and colored medicine so trust me when I say it did not taste good. I've tried it. Sometimes he said yes and sometimes he said no but gradually he learned to trust me and started happily sucking it down or even asking for it. Here is where the placebo effect took hold. Me simply telling him that it would make him feel better was at times, I suspect, more effective than the medicine itself. This, in turn, lead to a positive feedback loop and we have no reached the point where he trusts that when I offer medicine it will help.
i am a mother myself to a four year old and i asked this same question a few weeks ago on another parenting forum. Somebody pointed out that there seems to be a new product coming out soon to help parents give medicine to children easily. The website link for the product is www.sleeveys.com and i must say i am actually quite excited to give their sleeves a try as the weather does not seem to be improving and i know my lil one will be sick again in no time. You guys should have a look at the website, it looks promising.


text:
I run Ubuntu from a USB (run the whole OS from it, persistent) and want to access files such as my pictures or documents from Windows 7, is it possible to do so? How?
You need to mount the partition that contains you files. Run this on Terminal:
It should be something like
To locate which partition has your files, probably the one Windows 7 is installed in, then perform the following command:
Where X is the number of the partition you want to mount, like /dev/sda1 or /dev/sda2.
It should mount the disk with full access, so you can copy and paste files to those folders. More about mount.
Remember, it will mount your whole Windows 7 partition to a folder, so be carefull not to delete anything important.


text:
David Irwin
Media Relations Manager
(585) 245-5516
VanArsdale (David White photo)
$2.5 Million VanArsdale Gift is the Largest in SUNY Geneseo History; Will Fund College's First Endowed Professorship
GENESEO, N.Y. – State University of New York at Geneseo President Christopher C. Dahl announced Friday night, Sept. 25, 2009, that Charles L. "Bud" VanArsdale, former president of the Bank of Castile, has made a gift commitment of $2.5 million to endow the first professorship in the college's 138-year history. The gift is the largest ever made to Geneseo.
Speaking at a Geneseo Foundation recognition event, Dahl said the gift will fund the Charles L. "Bud" VanArsdale Endowed Chair for Entrepreneurship and Small Business in the School of Business. Geneseo will be one of only two SUNY four-year colleges with an endowed chair at this level.
"We are enormously grateful for Bud's extraordinary gift," said Dahl. "It is truly a transformational moment in Geneseo's history. The college is solidly woven in western New York's business fabric and this professorship will greatly enhance our ability to reinforce the economic foundation of this region."
The gift to Geneseo is the latest in a long history of support by VanArsdale and his late wife, Marjorie, whom everyone knew as "Mardi." The VanArsdales established the Charles and Marjorie VanArsdale Scholarship for International Studies in 1999, which helps international students study at Geneseo. In 2008, the college awarded VanArsdale an honorary doctorate of humane letters degree for his life's work in service to others.
"Bud's gift is a benchmark for Geneseo in affirming the quality education students are receiving at the college," said Jack Kramer, chair of the Geneseo Foundation Board and a 1976 Geneseo graduate. "His commitment strongly validates Geneseo's stature as a nationally recognized liberal arts college. He has the heartfelt thanks of all members of our board."
VanArsdale said he chose to support Geneseo because of the college's many contributions to the region.
"Geneseo is one of the area's largest employers, has outstanding academics and produces great alumni," said VanArsdale. "I'm so impressed by Geneseo. If I can help the college, I want to do it."
VanArsdale called the gift an investment in students and the region.
"You don't have to work for General Motors or Texaco to come up with a bright idea," he said. "Get these students enthused to work in small business. That's where the future of the country is."
SUNY Chancellor Nancy L. Zimpher praised VanArsdale for his commitment to higher education.
"SUNY is very grateful for Bud's generous gift, which I am certain will inspire other private supporters to invest in the College at Geneseo and SUNY," said Chancellor Zimpher. "The gift supports a full-time faculty position, which will ensure a quality educational experience for Geneseo students now and in the future. These SUNY students will be ready as graduates to act as entrepreneurs and start small businesses, create more and better jobs, expand the tax base and improve the community's quality of life. Congratulations to President Chris Dahl and his staff, and many thanks to Bud VanArsdale for continuing to add to his legacy of philanthropy at Geneseo," she said.
VanArsdale served as director of SUNY Geneseo's Small Business Development Center for several years after his tenure as president of the Bank of Castile. He worked his way up to the bank presidency in 1979 after returning from World War II to work in the bank's supply room. As president, he became the ultimate community banker, helping residents in Livingston County purchase homes and launch businesses.
VanArsdale was instrumental in relaunching American Rock Salt Company in Livingston County, which the previous owner closed in 1994 following a flood. VanArsdale heeded a plea to preserve the miners' jobs from Joe Bucci, the company's current vice chairman of production and general operations and a 1967 Geneseo graduate. VanArsdale responded by securing funding and American Rock Salt is now the largest rock salt producer in the United States, employing nearly 300 people.


text:
Dingo Mini Bones offer a double-layer of chewing fun for clean teeth and healthy gums. Chicken and pork fillet jerky is rolled in high-quality natural rawhide in the shape of a bone to provide an irresistible combination of teeth-cleaning texture and delicious playtime fun. High protein, low fat treats available in a mini size perfect for small dogs. For larger dogs, try the Dingo Bones in small, medium and large sizes. Approximately 2-1/2" long.
You may also like:
Please click on "More Information" for ingredients and guaranteed analysis.


text:
Speaking of Marriage
By Rebecca Teti
(Join each day's Coffee Talk discussion: Mon: Parenting; Tues: Open Forum; Wed: NFP; Thu: Marriage; Fri: Education; Sat/Sun: Changing Roles)
Struggling in your marriage? Have some relationship advice to share? Have a marriage success story to share? Have a man/woman question? This weekly thread is the place to do it.
Come on in and join the conversation!
I need advise about Christmas presents for my hubs. Not ideas, but advise. Hubs likes thoughtful gifts from everyone except me! When it comes to me, he just gets annoyed because I am "spending his money"!! Hubs' mom buys him nice clothes; he likes it. When I do, he asks me to send them back so he can get something cheaper. This is starting to hurt. :( Every Christmas I swear I will never buy hubs another gift as long as I live. Even gift cards make him grouchy, since I have tied up his money in a certain store when he may desire to shop elsewhere. But he never complains when others give him gift cards! For the record, hubs does not believe in giving me "my own money"; what's his is mine, so he says... until AFTER I spend it, whence he feels entitled to offer an opinion about where I put the dollars! So... this morning he said he wanted a multimeter (fancy tool) for Christmas this year. I have been researching these tools. The prices vary widely. I compiled a list of prices, included the gist of all the amazon reviews (which I read), and am going to let him pick which one he wants. But HONESTLY... I don't have time to do this. I have put almost 20 hours into it. The kids (all under 4) have been crying because they want me to play with them, but I am busy doing all this research so hubs can pick and buy his own gift. It is making me MAD!!! Why can't he just be okay with something I pick out? I don't have time to find five versions of what he wants, tell him all the details and reviews, and let him do the choosing. I am NOT saying I want to ignore hubs' wish list... but that I don't want to have to search online for all the options, send him a spreadsheet laying out the pros and cons of each, and letting him pick. I get that it saves him time, but he could do it on his lunchbreak and request a SPECIFIC brand of tool, etc. No one would be crying this way. I feel like such a bad mom leaving my babies to cry so I can do this ridiculous research all because hubs can't handle giving me ANY "say" in choosing his gift. Christmas is making me mad this year!! :(
Sorry ladies. I'm the "unknown" from above. I think I figured out what's bothering me. Hubs is asking for the one thing I can't afford: a lot of time on the internet. I can take the kids shopping with me, just about anyplace. The preschooler and toddler enjoy "helping" me wrap Christmas gifts. But researching stuff online means I have to leave the kids all by themselves. But I know hubs will be dissatisfied/return anything else I do for him. *sigh* Still very interested in any advise that occurs to anyone. But thought I'd state my "issue" more simply. Thanks for listening.
Here's my advice: if he's not happy with the effort you put into finding a special gift for him, then don't buy him one. Tell him that you're overwhelmed and that he should take some time and pick out the one he wants--maybe even go to the store and buy it for himself. This doesn't have to be as harsh as it sounds. My husband gets totally overwhelmed buying gifts for me, so many years we've gone to the store together, he's picked out clothes that he likes for me, I give him feedback, try them on, etc., and that's the present. I like it because I hardly ever spend money on myself, so it's a nice treat to buy a couple of nice items without feeling guilty about it, and he likes it because there's no guesswork involved.
Just a question for you: what if you didn't get your husband anything? I'm not talking about retaliation! If he doesn't really like the presents you get, and you don't like working so hard to satisfy him, could this be a solution? I know this is in now way a satisfying solution. Ideally, you lovingly shop for your husband and he is grateful for the things you got for him. But since this isn't happening, maybe just not getting him presents is the way to go. Another thing to think about is the way he gives gifts to you and the way his family did gifts growing up. Is he pretty cheap when it comes to giving gifts to you? Or does this feel more like a control issue --- implying you are wasteful with money? Could you switch to "handmade" gifts? One year I did a cheesecake-a month certificate for my husband, the next year a steak-a-month (we rarely spend a lot of money on groceries so this was a big treat).
Unknown- I am sorry it has gone this way for you. For the past several years I have been overwhelmed with 7 kids and homeschooling and not living close to any town (so I don;t go to save on gas). So I try to think of a few things to get hubs and then he suggests and gets things for himself that he wants (he will research and give me the codes and I get to buy them). This has helped. I also give him specific ideas and if it is hard to find I find it for him - give him the codes and he gets it. Could this be a solution? I do hope it is not a control issue as this may spiral in the future. Also, could you find something to do work wise (I know it hard and I do it but it is VERY hard - I am a translator in the wee hours of the night) to get a little something that can be used partly to help the household expenses and partly for your use so you don;t feel guilty? A company like Herbalife, Avon, Forever living might be a way for you. Just a suggestion.
Anonymous on the beach, I have a beautiful marriage, a wonderful house, a wonderful husband and yes, I have chosen this AND I LOVE IT! We are NOT immature and I really resent this. My marriage is definitely NOT suffering. I would much rather live outside of town - I don;t have to live with all the problems of living in a town and the kids can run around free. I was merely trying to present ideas to help someone who is frustated - which happens to all of us at times. We all get overwhelmed at times and I guess you have not had that experience. Advice from other people helps and also a compassionate ear. If you have nothing helpful or constructive to add - and you are just going to beat us down- then have fun at your beach and don't comment. Just read and you may learn some compassion. I would never laugh at someone who has problems, I would try to help. May the Lord bless you this season!
Ok I am going to unload here. I am feeling so overwhelmed right now. My husband and I have been married 14 years and have 6 children(11, 9, 7, 4, 2, and 6 months). My husband has a good job(albeit an hour commute each way) and I have been staying home with kids. The oldest three are in small public school and 4 yr old has started preschool 2 mornings a week. My husband is gone a lot of the time. Many evenings he has work obligations(which I am fine with) but he also likes to spend a lot of time with his brother/dad or buddies. I am so overwhelmed right now-financially, emotionally, physically, spiritually. I feel like I am really messing my kids up. There is so much chaos at our house. The older kids are fighting or yelling at me, the younger ones are always trashing the house and dont listen, and the baby is not letting me sleep at night. It is torture to get anyone to help around house. I know my husband and I have communication issues. I have told him how I feel before but he always turns things around and says he is such a bad person and i should just leave him. I often feel he has underlying depression issues which he will never address because he doesnt believe in medication for that. So talking to him about my feelings just depresses him more. With my last pregnancy, I developed hip pain which hurts me enough to make me limp. I have since been told it is arthritis and I will need new hips sometime in life but basically nothing I can do now except live with it.(I am only 35). That also frustrates me because I used to run 30 miles a week and now have been told to never run again. My husband also gets very depressed about money and tends to overspend without looking at budget, and then I end up having to cut all sorts of things to make ends meet but he goes to vegas twice a year and dabbles in mini sprint car racing, which is a costly hobby that takes him away from family even more. I cant blame him for not wanting to be here. I just feel so lonely and stuck. I cant ever leave the house with 6 kids who make a scene everywhere we go. I have to make huge arrangements just to get groceries. There's no one I can talk to because either they have small families and they feel I did this to myself or have large families with a very present father/husband and therefore would never understand me. And then we have the whole issue of family planning. Both of us believe in natural family planning but have never been very good at it and probably should not mess up any more little lives. I know this makes my husband sound terrible and honestly that is not true. He is a genuinely good person. I just wish he would straighten out his priorities and step up a bit. I would appreciate any ideas to help me control this chaos:) Sorry about long post but guess i just needed to vent some.
Nadine - I don't know if you participated in Coffee Talk forums over at Faith and Family, but "anonymous on the beach" is named Jeanne, and she was banned from the old site for repeatedly writing abusive comments like she wrote to you. Just ignore her.
Thanks MR. Will keep that in mind - but I will keep praying for her.
unknown - I'ms o sorry you're feeling so overwhelmed! Boy, I could've written these sentences myself: <<I have told him how I feel before but he always turns things around and says he is such a bad person and i should just leave him. I often feel he has underlying depression issues which he will never address>> I also really get that you don't have anyone to talk to. If you could convince your husband, maybe a Marriage Encounter weekend or just a weekend away may help. I know how hard that would be with the kids - we have no family to watch ours, but it may be worth the difficulty if it gets you on track and communicating again. I'll keep you in my prayers.
Sorry - the quote I pasted didn't appear. It was regarding your husband simply saying you should divorce him instead of addressing your concern. My husband does the same thing, and it drives me nuts! I don't want another husband, I want HIM to help fix things.
Thank you so much for your prayers. We did a marriage encounter a few years back, and while it was nice, my husband did not like the whole journaling thing and then coming together to discuss. I remember arguing more than anything else because the questions were bringing up more issues between us. We are just not good communicators. I hold things back all the time because I know it will just make him depressed and cause a fight. A weekend away would be great but our 6 month old is up many times at night, and while we have family around, I know we wouldnt have many takers for an overnighter. I also hate to ask people to help because I know it is hard, and I dont want to burden anyone else.
@the second "unknown": counseling for you (if he won't go) sounds like a needed thing. www.catholictherapists.com is one place to look or Catholic Charities usually has services with sliding scale fees. If hubs would agree to go, great, sounds like he needs it (and that might help resolve some things even w/o meds - or might convince him that if he'd take, say, insulin for imbalances causing diabetes, it can also make sense to take meds for imbalances causing depression), but if not, it would help you see what you can do and avoid being manipulated by him turning things back on you. Is there a way to help with controlling his spending? Cut up credit cards or something? Not as a "punishment", just as a "we can't keep this as an avoidance tactic." State it as a Dave Ramsey kind of thing (so it's a third-party idea, not just you being random), and give him a set amount of cash each month to spend however, but when that's gone, it's gone. For some of the other things, could you try bringing up just one thing with a very concrete solution? If he starts universalizing, just keep sticking to that one thing. e.g. "Hon, I love you and I know you like the hobby, but the money and time-with-dad budgets just don't allow for the Vegas trip this year." Then, no caving to any of the "oh, I'm just an awful person" drama. Just stick to "no, *you're* fine, this is only about this trip. It's just the way things are right now; no one's fault, it just is what it is." Repeat as needed. For all I know, you've tried some of this and it hasn't worked (such are the limits of brief internet questions), but it seems worth a try, especially counseling. Also, dh's attitude about giving and receiving help may make it hard for you to ask for help from others (like watching kids while you are at counseling), but often it's a gift people really are willing to give. So don't be afraid to ask when you really do need help. :-)
Philippians 4:6-7 Have no anxiety at all, but in everything, by prayer and petition, with thanksgiving, make your requests known to God. Then the peace of God that surpasses all understanding will guard your hearts and minds in Christ Jesus.
Jeanne, it is funny how you go out of your way to say the woman is not always at fault... when that is exactly why some other ladies were posting here. lol. Anyways, just sayin'. Btw, we have no debt at all. AND we are homeschooling because I have two education certificates, two degrees, and hubs has three degrees and is working on the fourth. Hardly homeschooling out of fear & hardly a family where we think its a mortal sin to improve the mind, eh. Incidentally, I believe the broader a person's mind, the more open they are to maturity and wisdom looking different from "what I do." Gotta go wrap X-mas presents now... I'm outta here!
Rule 14 of the Internet: don't argue with the trolls or they win.


text:
Best Educational Apps for Kids of All Ages
14 of 18
Ansel & Clair's Adventures in Africa
Join Ansel, an inquisitive alien, and Clair, a brilliant robot, in their adventures through the Nile Valley, Sahara Desert, and Serengeti Plains. Kids learn about geography, science, history, reading, and vocabulary and are rewarded with virtual photos to arrange in a Travel Log. The app was one of Dr. Toy's Top 10 Tech Products of 2011 and earned five stars from TeachersWithApps.com.
Ages 8 & up
$4.99 for iPad


text:
Solve $\log x + \log (2x-5) = \log 96 – \log 8$.
I started by doing this:
$\log 2x^2-5x = \log 12$
Then I got rid of the logs. Can I do that?
$2x^2-5x = 12$
What do I do next? What is $x$?
I started by doing this:
$\log 2x^2-5x = \log 12$
Then I got rid of the logs. Can I do that?
$2x^2-5x = 12$
What do I do next? What is $x$?
If $\log x+\log(2x-5)=\log 96–\log 8$, then $\log (2x^2-5x)=\log 12$ so that $2x^2-5x=12$. Write this as $(2x+3)(x-4)=2x^2-5x-12=0$ so that $x=4$ or $x=-\frac{3}{2}$. However the latter is not a solution as one requires $x>0$ since we speak of $\log x$.
Put your equation in the form $$ax^2+bx+c=0$$ and apply the general quadratic equation formula$$OR$$ Try to factorize the equation into the form $$(a_1x+b_1)(a_2x+b_2)=0$$ and solve.
NB Note that $\log x \in \mathbb R \iff x>0$ so you only take positive values of $x$.
Use some fundamental theorems/lemmas$^{1,2}$ for the simplification.
$\log(x) +\log(2x + 5) = \log(96)-\log(8)$ which simplifies to $\log(2x^2 + 5x) = \log(12)$. You can get rid of the $\log$ operator as both sides are equal. We have $2x^2 + 5x = 12 \, \, \, \, \Leftrightarrow \, \, \, \, 2x^2 + 5x - 12 = 0 $. Solve the quadratic in $x$ and eliminate the negative solutions since $\log(x)$ is defined when $x$ is strictly positive.
$^1$ $\log(a\cdot b) = \log(a)+\log(b)$. $^2$$\log(a\div b)=\log(a) - \log(b)$


text:
The 8 Most Cringe-Worthy Comic Book Movie Moments
To answer your question: Yes, that pretty much puts them in the running for the most ridiculous moments in the history of non-pornographic cinema.
As Seen In:
X-Men: The Last Stand
Why It Sucks:
The awesomeness of a comic book movie tends to be directly proportional to how seriously the director takes the source material. So, it was a little troubling when the X-Men franchise handed the reins to Brett Ratner, a director who built his career on films like Money Talks and the Rush Hour franchise, in which black people talk differently than white people, and that fact is deemed hilarious.
Pretty much every fan's fears were confirmed by one piece of cinematic chimp fuckery that earned Ratner a place in the comic world's Hall of Douchebags. Before the film went into production, a meme called "The Juggernaut Bitch" was sweeping the Web, in which an X-Men cartoon is overdubbed so that the characters talk like pimps and other insulting black stereotypes, while teenagers giggle audibly in the background.
Ratner was apparently inspired by the video's zero-effort popularity, and decided to insert the line into the fucking film as a nod and wink to its fans. So, we get the once momentously badass Juggernaut breaking the fouth wall to deliver this line that makes no goddamned sense in the context of the scene. But, why worry about things like that, right, Brett? After all, it's just a comic book movie, right?
As appreciative as the hip kids in the Family Guy demographic were that Ratner decided to throw them a bone, it probably wasn't worth ruining what should have been the best of the X-Men trilogy.
"Worst Ever" Meter:
#7. The Turtles and Vanilla Ice enjoy a rap battle
As Seen In:
Teenage Mutant Ninja Turtles II: The Secret of the Ooze
Why It Sucks:
There had to have been a moment during production on Teenage Mutant Ninja Turtles II where two people on the set turned to each other and said, "You know, even for a sequel to Teenage Mutant Ninja Turtles, this movie is going to be really fucking bad."
We're going out on a limb here, but maybe that moment occurred during the shooting of the scene in which the Turtles use breakdance moves to fight bad guys while Vanilla Ice gives a rap play-by-play in the background.
While the Turtles' strange mixture of hip-hop, karate and traditional Russian folk dancing is pretty absurd, Ice steals the show. At first he seems surprised when he sees giant ninja turtles and anthropomorphic animals fighting at his concert, but pretty soon he's rapping a verse that includes the line, "Gonna rock and roll the place/ With the power of the ninja turtle face (possibly faith. Also, does it really matter?)" Arguably the scene's finest moment comes 4:05 in, when Vanilla expresses his gratitude to the Turtles by directing four violent crotch thrusts in their direction, the Vanilla Ice equivalent of a 12 gun salute and widely regarded as the highest honor for a warrior during the early '90s.
That said, with You Got Served, Stomp the Yard, and Step Up coming out in recent years, this sequence may be timelier now more than ever. The most recent development in the dance world, we believe, is "crunking." It basically involves thrusting your crotch wildly in the air while hopping around and gyrating your arms like a seizure patient. With such a sophisticated progression in dance, it's a wonder the Ninja Turtle's "breakdance-fu" didn't catch on. Maybe, it was the cumbersome prosthetic costumes and kicking of ninjas in the face that turned the kids off. Apparently kids today aren't willing to pay the price to look fucking awesome.
"Worst Ever" Meter:
#6. Johnny Blaze can't handle the heat
As Seen In:
Ghost Rider
Why It Sucks:
Just when you thought the "HOW'D IT GET BURNED?" scene from The Wicker Man remake would teach Nicolas Cage the dangers of overacting, he kicks it up a notch by actually starring as the burning object--screaming enough to make Al Pacino embarrassed for him. This being Nicholas Cage, however, it looks less like he's burning and more like he's horribly constipated and for some reason really, really enjoying it.
Following the transformation (which, in a masterful piece of editing, awkwardly cuts from his screaming and melting-off face to a Colgate-white skull on fire), Ghost Rider immediately comes into contact with the horrifying face of evil ... the quiet, haunted kid who thought shopping bags were pretty in American Beauty.
Things only get more fatuous from there as Ghost Rider spouts off ditties like, "Back to hell!" and "You're going down!" The emo-douche (we mean Blackheart) retaliates with, "I don't think so." It's truly a battle of wits.
"Worst Ever" Meter:
#5. Mr. Fantastic gets jiggy with it
As Seen In:
Fantastic Four: Rise of the Silver Surfer
Why It Sucks:
Just barely beating out the Fantasticar, which was one big Dodge product placement (complete with the Human Torch asking if it had a Hemi), Reed Richards has a glorious sequence where he ventures onto the dance floor and shows off his moves. Naturally, his moves involve stretching.
Not as naturally, his suit is somehow able to stretch out, too. We're not quite sure when Mr. Fantastic made it a priority to invent designer wear that could stretch out like silly putty, but we're guessing it was somewhere around the time he figured stretching his arms into grotesque noodles would be a good way to pick up chicks.
In comic movies, the scene where the superhero uses his powers to do everyday tasks is one of the most difficult to screw up. All you have to do is match the particular hero with the everyday task that their power would make awesomely easy. Wolverine uses Iceman's breath to chill a drink before opening it. Spider-Man uses his Spidey sense to avoid a bully attack. And, Mr. Fantastic uses his stretching ability to ... dance better? Really? If you found yourself with extraordinary stretching abilities, how far down on your list would going to a dance club be? If anything, his powers make him more gangly, so this is the exact wrong thing to have him do. They couldn't put him in a charity pickup basketball game, or something?
Of course, before the women at the club have realized the implications of all that stretching, Richards' bride-to-be, as played by Jessica Alba, pops in and ruins his chances. Some might wonder why he'd even need to cheat on someone as hot as Alba. Those people should talk to the makeup department that made her look like a fat-lipped plastic albino.
"Worst Ever" Meter:


text:
Third Trimester 1stTrimester 2ndTrimester
50 days to go...
Your baby today
This image may show the start of a smile. Your baby will often be smiling inside, sticking his tongue out, and making all sorts of faces. He may also still be experiencing hiccups that may be something that you are now becoming aware of.
The days and nights fly by with a newborn, so it's a good idea to start thinking about child care well before you need it.
It may seem impossible to believe that you should be considering child care before your baby is even born, but it can be useful to think through the options while you have the time. There are two main types of child care: in and out of your home. In the first case, you can have a live-in or live-out nanny or mother's help, an au pair (which may be acceptable if you work from home, for example, and can supervise), or perhaps a family member or friend who is prepared to come to your house to take care of your baby. If you choose outside child care, there are a number of options including day-care centers, relatives or babysitters in their homes, or on-the-job day care. Before you set your heart on one particular type of care, it's a good idea to investigate the costs and the availability in your area. You may want to pay a visit to some of the nurseries or other facilities close to you, just to get a feel for what's available, and establish now what you do and don't want. Secondly, remember that good-quality child-care facilities and babysitters are usually in demand, and, even if you aren't entirely sure when you will be going back to work, it's probably a good idea to put your baby's name (or last name, at least!) down for a few, to give you options when the time comes.
Focus On... Dads
Being at the birth
Many dads-to-be are anxious about being with their partners during labor and birth. This is often because they will be witnessing their partner experience one of the most intense things a woman can ever do and they may be unsure of how to help.
There are plenty of ways in which you can support your partner during labor: being aware of her wishes, speaking for her if she is unable to, and repeating what doctors have said if she didn't hear clearly; passing her a drink; rubbing her back; holding a warm cloth to her face; switching music on or off; being encouraging and reassuring her.
Going to prenatal classes can be useful. You will learn more about labor and birth, and how to support your partner physically and emotionally.
Calcium intake
Your baby's skeleton began forming at the end of the first trimester, but the majority of your calcium is transferred to the baby from your body in the third trimester. This happens regardless of your calcium intake. If a mother-to-be's diet is low in calcium, it will be taken from the reservoir in her bones, which can affect her bone density.
The recommended amount of calcium in pregnancy is 1000 mg daily. Calcium needs to be accompanied by vitamin D in order to be absorbed by the body.
Dairy products are a rich source of calcium, and some, such as margarine and low-fat spreads, are often fortified with vitamin D. Vegetarian sources of calcium include tofu, leafy green vegetables, dried fruit, seeds, and nuts.
excerpted from:
Excerpted from Pregnancy Day by Day.
Copyright © 2008 Dorling Kindersley Limited.
Buy this book now!


text:
I want to maintain a folder structure that contains empty folders when I add a project to Git. As everyone knows, Git doesn't track empty folders. So you need to add some kind of placeholder inside of an empty folder.
So far I have managed to find out recursively empty folders with this command:
find ./* -type d -empty
How do I continue? So after a command every empty folder contains a file called "empty"?