Enter to Win a Trip for Two to Virginia Beach!
NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASING WILL NOT INCREASE YOUR CHANCES AT WINNING.
The "Escape to Virginia Beach" Promotion (the "Promotion") is open only to those who: i) are onsite at an event hosted by the Sponsor in New York, NY, ii) are legal permanent residents of the 50 United States or the District of Columbia and, iii) are the age of majority in his/her state of residence at the time of entry (the "Entrant"). Employees of Virginia Beach Convention & Visitors Bureau (the "Sponsor") and its respective affiliates, subsidiaries, contractors, distributors, corporate partners, advertising and promotion agencies, including, but not limited to National Sweepstakes Company, LLC located at 80 Rockwood Place, Ste 104, Rochester, NY 14610 (the "Promotion Administrator"), suppliers and their immediate family members (parents, children, siblings or spouse, regardless of where they live, or persons living in same household, whether related or not) and any others engaged in the development, production, execution or distribution of this Promotion (collectively the "Promotion Entities") are not eligible to participate in the Promotion. The Promotion is void outside of New York and wherever else restricted or prohibited by law.
By participating, Entrant agrees to be fully unconditionally bound by these Official Rules, and represents and warrants that he/she meets the eligibility requirements set forth herein. In addition, Entrant agrees to accept the decisions of the Sponsor as final and binding as it relates to the Promotion.
The Promotion will start one April 13, 2018 and end on April 22, 2018 (the "Promotion Period").
Visit www.virgilapeach.travel (the "Website) and sign up online to participate in an escape room to receive one (1) entry into the Promotion. Entrant must provide full name and email address and select a date/time to participate in the escape room. All entries must be submitted by 11:59PM ET on April 22, 2018 to be eligible for the drawing. Limit of one (1) entry per Entrant for the Promotion.
Neither Sponsor nor any Promotion Entity is responsible for any online entry that is lost, late, misdirected or undeliverable, whether due to system errors, omissions, interruption, deletions, defects, delay in operations or transmissions, theft or destruction or failures, faulty transmissions or other telecommunications malfunctions, entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, failed, incomplete or garbled computer or telephone transmissions, typographical or system errors and failures, faulty transmissions, technical malfunctions, or otherwise.
Any attempt by an Entrant to obtain more than one (1) entry by using multiple/different identities and/or any other methods will void all of that Entrant's entry and that Entrant may be disqualified from the Promotion. In the event of a dispute regarding the identity of an Entrant the entry will be assigned to the authorized account holder (Authorized Account Holder") of the email address submitted at the time of entry. The Authorized Account Holder is defined as the natural person who is assigned to an email address by the email provider who is responsible for assigning email addresses.
Entries generated by a script, macro, or other automated means will be disqualified. Neither the Sponsor nor Promotion Entities will verify receipt of entries for Entrants. All entries submitted become the sole property of Sponsor and will not be returned.
One (1) grand prize of a trip for two (2) to Virginia Beach, VA for Grand Prize Winner and one (1) guest to include: round-trip coach-class air transportation to/from Grand Prize Winner's legal residence and a major airport near Virginia Beach, VA; two (2) nights hotel accommodations (double occupancy/standard rooms, room and tax only) at a hotel to be determined by the Sponsor; ground transportation to/from the airport and hotel; and a $250 gift card (the "Grand Prize"). Total ARV of the Grand Prize is $2,300.
Trip, travel, and lodging elements selected by Sponsor may be subject to change due to impracticability or unavailability, or for any other reason as determined necessary by Sponsor or its designee. Gift cards, tickets, and certificates if any, are subject to the terms and conditions of issuer and will not be replaced by Sponsor if lost, stolen, misplaced, damaged or destroyed. Trip ARV may vary, depending on the point, date and time of departure. Grand Prize must be accepted as a whole, or will be forfeited in its entirety. If the Grand Prize Winner and guest cannot travel together on the same itinerary, Grand Prize will be forfeited in its entirety. All travel arrangements must be made through a travel agent or entity selected by Sponsor. Grand Prize Winner will be responsible for all meals, transportation (other than described above), excursions, tips or gratuities, fuel, parking, beverages, telephone calls, overages, baggage fees, extras and any other incidental costs or expenses not specifically stated herein as being included. Specific air carrier(s) and other trip specifics are selected at the sole discretion of the Sponsor. All travel is subject to availability; blackout dates and other restrictions may apply. Travel must originate and end at the same major gateway airport. Grand Prize Winner and guest will be required to obtain any travel related documents and maintain all insurance (including health, liability and any other insurance). Grand Prize Winner acknowledges and agrees that the Promotion Entities are not providers/carriers of transportation, or insurance providers. No changes will be made to travel details once any element(s) of the travel arrangements have been booked. No frequent flier miles will be earned on any element of prize travel.
Grand Prize conditions may be added or modified by Sponsor or its designee. Promotion Entities are not responsible for any changes of any element of the Grand Prize, nor are they liable for any expenses incurred as a consequence of flight/event changes, cancellation or delays. Travel is subject to capacity controls, availability, and certain other restrictions, all of which are subject to change. Any unclaimed and/or unused element of the Grand Prize, or any element thereof, will remain the property of Sponsor or its designee. The trip/prize restrictions/conditions stated herein are not all-inclusive and the described above may be subject to additional restrictions/conditions, which may be stated in the Paperwork (as defined in the "NOTIFICATION" section of these Official Rules), and/or other travel or release documents. A Grand Prize Winner later found ineligible or non-compliant will be immediately required to return and forfeit any prize awarded.
In the event Grand Prize Winner and/or guest engage(s) in behavior that, as determined by Sponsor (or its designee) in their absolute discretion, is obnoxious or threatening, dangerous, illegal or that is intended to annoy, abuse, threaten or harass any other person, or may cause harm, property damage or any other loss, Sponsor reserves the right to terminate the trip early, in whole or in part, and to send the Grand Prize Winner (and guest) home with no further compensation. Any difference between ARV and actual value will not be awarded as cash or otherwise.
No more than one (1) Grand Prize as set forth in these Official Rules will be awarded. The specifics of the Grand Prize shall be solely determined by the Sponsor. The Grand Prize must be accepted as awarded. No cash or other prize substitution permitted except at Sponsor's discretion. The Grand Prize is nontransferable unless permitted at the Sponsor's sole discretion. Any and all Grand Prize related expenses, including without limitation any and all federal, state, municipal and/or local taxes shall be the sole responsibility of the Grand Prize Winner. Sponsor reserves the right to substitute a prize of equal or greater value if the advertised Grand Prize is unavailable for any reason beyond our control. Grand Prize Winner consents to Sponsor's use of his/her name, likeness, biographical information, image, and/or voice and other indicia of persona for purposes of advertising, promotion, publicity and trade without additional compensation, notification, permission or approval unless prohibited by law. TN residents will not be required to sign a publicity release as a condition of winning the Grand Prize. Grand Prize Winner will be issued an IRS 1099 form for the actual value of the Grand Prize for the year in which actual Grand Prize value was received.
On or about April 30, 2018, one (1) Grand Prize Winner will be selected from among all valid and eligible entries received during the Promotion Period in a random electronic drawing conducted by the Promotion Administrator. Promotion Administrator and Sponsor's decisions are based upon their sole discretion and interpretation of these Official Rules and are final and binding in all respects. The odds of winning depend on the total number of eligible entries received during the Promotion Period.
The Grand Prize Winner will be notified via phone, email or any other available contact sources that the Grand Prize Winner provided at the time of entry. If the Grand Prize Winner is unable to be contacted, Grand Prize Winner will be disqualified and an alternate Grand Prize Winner will be selected through a random electronic drawing from the remaining non-winning valid and eligible entries. Except where prohibited, Grand Prize Winner will be required to sign and return to Promotion Administrator, within five (5) days of the date of notification, an Eligibility and Release of Liability and Public Release form, a Travel Companion form, and a W-9 from (collectively the "Paperwork") in order to claim the Grand Prize. If the Grand Prize Winner fails to return the Paperwork within that time frame, or is found to be ineligible, or if he/she does not comply with the Official Rules, then the Grand Prize Winner will be disqualified and an alternate Grand Prize Winner will be selected through an electronic random drawing from the remaining non-winning valid and eligible entries. If the notification is returned as undeliverable, this will result in disqualification and an alternate Grand Prize Winner will be selected in accordance with the same process.
The value associated with the Grand Prize is taxable as income and the Grand Prize Winner is solely responsible for any taxes, including, but not limited to all applicable federal, state, municipal and local taxes that become due with respect to the value of the Grand Prize. The Sponsor (or a third party acting on its behalf) must report the value of the Grand Prize to the Internal Revenue Service in the year the Grand Prize is received by the Grand Prize Winner and will be reported to the Grand Prize Winner and the Internal Revenue Service in the form of a Form 1099. ANY VIOLATION OF THESE OFFICIAL RULES BY THE GRAND PRIZE WINNER (AT SPONSOR'S SOLE DISCRETION) WILL RESULT IN SUCH GRAND PRIZE WINNER'S DISQUALIFICATION AS GRAND PRIZE WINNER OF THE PROMOTION AND ALL PRIVILEGES AS GRAND PRIZE WINNER WILL BE IMMEDIATELY TERMINATED.
By entering this Promotion, Entrant understands that the Sponsor, or anyone acting on its behalf, or its respective licensees, successors and assigns will have the right, where permitted by law, without any further notice, to review or consent to print, publish, broadcast, distribute, and use, worldwide in any media now known or hereafter in perpetuity, including, without limitation, the entry and Grand Prize Winner's name, portrait, picture, voice, likeness, image or statements about the Promotion, and biographical information as news, publicity or information and for trade, advertising, public relations and promotional purposes without any further compensation.
By participating, Entrants agree for Entrant and for Entrant's heirs, executors and administrators to abide by and be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Promotion itself, and to be bound by all decisions of Sponsor. Entrants hereby acknowledge that Sponsor and Promotion Entities have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to a prize, including express warranties provided exclusively by Sponsor that are sent along with Grand Prize (if applicable). Failures to comply with these Official Rules may result in disqualification from the Promotion at Sponsor's sole discretion. Entries which contain false information, are incomplete, inaccurate or are otherwise forged, defective, or made outside authorized channels, shall be void. Sponsor reserves the right, in its sole discretion to cancel, terminate, modify or suspend the Promotion should (in its sole discretion) a virus, computer bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Promotion. In such case, Sponsor may electronically at random select the Grand Prize Winner from among all valid and eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right at its sole discretion to disqualify any person who tampers or attempts to tamper with the entry process or the operation of the Promotion or website or violates these Official Rules. Sponsor has the right, in its sole discretion, to maintain the integrity of the Promotion, to void entries for any valid reason, including, but not limited to: violation of these Official Rules; multiple entries from the same Entrant from different IP addresses; multiple entries from the same computer in excess of that allowed by the Official Rules; or the use of bots, macros or scripts or other technical means for entering. Any attempt by any person to deliberately damage any web site or undermine the legitimate operation of the Promotion may be a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.
By entering or participating, Entrant agrees to release and hold harmless Sponsor, Promotion Entities and their partners, representatives, agents, successors, assigns, employees, officers and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such Entrant's participation in the Promotion and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof, except where caused by the act, omission or negligence of Sponsor (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error which may occur in the administration of the Promotion or the processing of entries.
As a condition of participating in this Promotion, Entrant agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with this Promotion, shall be resolved individually, without resort to any form of class action, exclusively before a court located in New York State having jurisdiction. Further, in any such dispute, under no circumstances will Entrant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys' fees, other than participant's actual out-of-pocket expenses (i.e. costs associated with entering this Promotion), and Entrant further waives all rights to have damages multiplied or increased.
To obtain a copy of the Grand Prize Winner's name or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to: "Virginia Beach Winner's List Request", PO Box 10505, Rochester, NY 14610. Requests must be received by May 31, 2018.
Virginia Beach Convention & Visitors Bureau, 2101 Parks Ave, 5th Floor, Virginia Beach, VA 23451.
NO PURCHASE NECESSARY. Ends 4/22/18. Open to legal residents of 50 US & DC who are 21 or older at time of entry. Subject to full Official Rules at www.visitvirginiabeach.com. Void outside of NY.


text:
A New Season Starts
By Meachrm @BaseballBTYard
Day #1
Baseball where I am (Pennsylvania) starts today at the high school level. I wish all of you a productive season with good calls and a tremendous bullpen!
Below is a prayer I found that was apparently tweaked for coaches.
Best of luck everyone!
BUILD ME AN ATHLETE, who will be strong enough to know when he is weak and brave enough to face himself when he is afraid, one who will be proud and unbending in honest defeat and humble and gentle in victory.
BUILD ME AN ATHLETE whose wishbone will not be where his backbone should be, an athlete who will know You and that to know himself is the foundation stone of knowledge. Lead him, I pray, not in the path of ease and comfort, but under the stress and spur of difficulties and challenge. Here let him learn to stand up in the storms; here let him learn compassion for those who fall.
BUILD ME AN ATHLETE whose heart will be clear, whose goal will be high; an athlete who will master himself before he seeks to master others; one who will learn to laugh, yet never forget how to weep; one who will reach into the future yet never forget the past. And after all these things are his, add, I pray, enough of a sense of humor, never to take himself too seriously. Give him humility, so that he may always remember the simplicity of true greatness, the open mind of true wisdom, the meekness of true strength. Then, I, his coach, will dare to whisper, "I have not lived in vain."
Adapted from "A Father's Prayer"
by Gen. Douglas MacArthur
(Reader's Digest, May 1952, p. 81)
See the original article
Meachrm 4192 shares View profile
Who Covers Second Base and Switching It on the Fly
Make Him Stop!
Three Things All Runners MUST Do When They Arrive at First Base
Train to a Standard, Not a Number

redpajama_set_name: RedPajamaCommonCrawl


The movie Deadpool 2 is really unique movie compared to other movies from 2018 year. I will grant that my expectations were very low before seeing it... I know it gets a lot of stick for being the mainstream popular movie, but honestly I can not think of anything wrong with the movie online. Deadpool 2 has filled me with difficult to explain energy and got me so immersed in it. This movie just destroyed my mind and nothing after that will be the same The amount of details and little aspects of the movie that you can find years later is really amazing. ...Seriously, I want to watch this movie online again. It was absolutely good! I uploaded it here, so now this movie will be available on StreamHou.se for all. I want to recommend this movie to everyone, you will be satisfied.


Copying and pasting part or all the article is plagiarism and you will recieve no credit score. Mithali reached the milestone in India's ICC Girls's World Cup 2017 match against Australia. New Micro machines will likely be installed across India and the government would also increase the money withdrawal restrict of at the least three-month-outdated current accounts to Rs 50,000 per week.
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Corporations and companies using VoIP services and web protocol telephony have the ability to maintain up with current trends in data and communication know-how and also can keep up to speed with competing companies. Effective in February 2015, Utah Valley College grew to become the primary institution in Utah to offer a University Innovation Fellows program.
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text:
Q: How to add pagination to django.contrib.comments? I am using Django's Comments Framework in my project to handle comments of a movie :
My my_comments_app/models.py looks like this :
from django.db import models
from django.contrib.comments.models import Comment

class UserExperience(Comment):
    experience = models.CharField('User Experience', max_length=20)

    # paginate_by = 4 | This does not work !!

    def __unicode__(self):
        return self.user.username

and my my_comment_app/forms.py looks like :
from django import forms
from .models import UserExperience
from django.contrib.comments.forms import CommentForm

from movies.models import Movie
from django.contrib.comments.moderation import CommentModerator, moderator

class UserExperienceForm(CommentForm):
    experience = forms.CharField(max_length=20)

    def get_comment_model(self):
        return UserExperience

    def get_comment_create_data(self):
        data = super(UserExperienceForm, self).get_comment_create_data()
        data['experience'] = self.cleaned_data['experience']
        return data

class MovieCommentModerator(CommentModerator):
    email_notification = False
    auto_close_field = "start_date"
    close_after = 31

moderator.register(Movie, MovieCommentModerator)

Where and when should i add paginate_by = 4 to get my comments system paginate requests ?
I am asking this because i am not using any views.py to generate my comments (as described in django docs)
How do i add pagination to the comments ?
I have tried the following:

*

*Pagination using views.py. By creating a view and  using its

*Seeing that I am somehow using Class Based View in my UserExperience class (of which I am not sure, I might be completely wrong..) I have tried this answer too. Which is about pagination for Class Based Views.

none of them worked.
Help me paginate over my comments.

A: In the views.py file
def CommentView(request):
    allComments = UserExperience.objects.all()
    paginator = Paginator(comments, 10)
    comment = paginator.page(1)

The value of "comment" will be [0...9] comment.

redpajama_set_name: RedPajamaStackExchange


text:
Miscellaneous Movie Musings: Part XXXVI
Tags: Channel 4, Christopher McQuarrie, CIA, COVID-19, Ethan Hunt, Film4, IMF, Jeremy Renner, Mission: Impossible - Rogue Nation, Netflix, The coronavirus, The Engineer, Tom Cruise
Your mission, should you choose to accept it, is to slice this film properly for ad breaks
It happens every time. Whether it's on Channel 4 or Film4, every time Mission: Impossible – Rogue Nation is on the powers that be go to the first ad break at a moment that ruins the gag. Alec Baldwin is giving a vainglorious speech to Jeremy Renner about the awesomeness of the CIA, having just shuttered the IMF, and tells him "Set your watch, Brandt. Ethan Hunt is living his last day as a free man" – and then Channel 4 and Film4 go to an ad break. And when they return we are in a different location for an action sequence of the CIA attempting to catch Hunt. But the point is lost in this time away making tea in the kitchen – his last day as a threat should be instantly followed by a caption telling us that many months have passed; and that therefore Tom Cruise is very resourceful and Alec Baldwin has been shown up and is not at all happy. Do you see, it's in the manner of being a gag?
Coronarithms killed the movie critic
In the absence of any actual cinema releases whither not just cinema but the critic of cinema? I would think that, stripping away all the many pretensions, the major function of the film critic is as a gatekeeper; entrusted with shepherding people away from wasting their money on bad films, and telling them what they might like to what degree from the alright good and great films. This function, though, is largely dependent on people going to the cinema rather than streaming. Streaming is a flat fee for a service you use as much or as little as you like, whereas a physical trip to the cinema is a one-off punt on something – and as the price of a cinema ticket here exceeds the monthly cost of Netflix it's quite a gamble. But not only does a streaming service reduce the financial consequentiality of the choice of movie, it also makes it easier to drop something if it's rubbish compared to even just the physical business of leaving a crowded cinema, and it uses such choices to tailor the dreaded algorithim toward your tastes. Some years back the Engineer made an off-hand comment that he had absorbed the biases and interests of his favourite film critic to a sufficient degree to be able to account for them and thus work out how far or if he would agree with his judgements. The Netflix algorithm dispenses with that. It knows you as well as you allow yourself to be known. And when Netflix pushes towards you its just-dropped release I doubt people look around for a critical consensus on it; they just glance at the names, see the algorithm at work, and click or do not click play. The whole equation has been changed – but only now does coronavirus make it plain by making Netflix the last game in town.


Tourist / Visitor / Traveller / Excursionist – definition and differentiation. Tourism recreation and leisure inter-relationship ( s ). Tourism components, Elements and infrastructure. Types and typologies of Tourism.
Emerging concepts : Eco / rural / agri. / farai / green / wilderness / country side / special interest tourism.
Tourism Trends : Growth and development over the years and factors responsible therein. Changing market-destination patterns, Traffic flows / receipt trends. Travel motivator and deterrents. Pull and Push forces in tourism.
Tourism Organisation / Institutions : Origin, Organisation and functions of WTO, PATA, IATA, ICAO, FHRAI, TAAI, IATO and UFTAA.
Concept of resource, Attraction and product in tourism. Tourism products : typology and unique features.
Natural Tourism Resources in India : Existing use patterns vis – a – vis potential with relation to varied landforms ( mountains, deserts, beaches, coastal areas and Islands ), Water bodies and biotic wealth ( flora – fauna ).
Popular tourist destination for land based ( soft / hard trekking, ice skiing, mountaineering, desert safaris, car rallies, etc. ), water based ( rafting, kayaking, canoeing, surfing, water skiing, scuba / snuba diving ) and air based ( para – sailing, para – gliding, ballooning, hand – gliding and microlighting, etc ) tourist activities. Wildlife – Tourism and conservation related issues – Occurrence and distribution of popular wildlife species in India. Tourism in National parks, Wildlife sanctuaries and biosphere reserves ( case of Dachigham Corbett / Dudhwa / Kaziranga / Kanha / Gir / Ranthambor / Mudumalai / Sunderbans / Shivpuri / Manas / Nanda Devi / Valley of flowers reserves ). Tourism and nature conservation-Conflicts, Symbiosis and Synergy.
Cultural Tourism Resources in India : Indian Culture and society. Indian History – Ancient, Medieval and Modern.
Traditions, Customs and costumes : Life style and settlement patterns. Food habits and cuisine. Music, Musical instruments and Dance forms; Drawing and painting; Craftsmanship.
Religion / religious observances and important pilgrim destinations.
Architectural Heritage-Forts / palaces / other architectural marvels – Location and unique features.
Accommodation : Concept, Types and Typologies, Linkages and Significance with relation to tourism.
Emerging dimensions of accommodation industry – Heritage hotels, Motels and resort properties. Time share establishments.
Hotel and Hoteliering : Origin, Growth and diversification. Classification, registration and gradation of hotels. Organisational structure, Functions and responsibilities of the various departments of a standard hotel / other catering outlets, viz., bars, restaurants, fast food centres. In flight catering.
Leading multinational hotel chains operating in India. Public sector in hoteliering business – Role, Contribution and Performance.
HRD perspective with special reference to India-Requirements, Training facilities, Constraints and Scope.
Fiscal and non-fiscal incentive available to hotel industry in India. Ethical, Legal and regulatory aspects.
Transportation : Dynamically Changing needs and means.
Landmarks in the development of transport sector and the consequent socio – economic, Cultural and environmental implications. Tourism transport system.
Airlines Transportation : The Airlines Industry-Origin and Growth. Organisation of Air Transport Industry in International context. Scheduled and non – scheduled Airlines services; Air taxis. Multinational Air Transport Regulations-Nature, Significance and Limitations. Role of LATA, ICAO and other agencies. Bermuda Convention.
Air Transport Industry in India – DGCA and other key players; Regulatory Framework; Air Corporation Act, Indian carriers-Operations, management and performance. Marketing strategies of Air India.
Significance of Road Transport in Tourism : Growth and Development of road transport system in India; State of existing infrastructure; Public and Private Sector involvement; Role of Regional Transport Authority. Approved Travel Agencies, Tour / Transport Operators, Car hire / Rental companies.
State and inter – state bus and coach network, Insurance provision road taxes and fitness certificate.
Rail Transport Network – Major Railway Systems of World – British Rail, Euro Rail and Amtrak.
Types of special package offered by Indian Railways to tourists – Indrail pass, Palace on Wheels and Royal Orient.
Water Transport System in India – Historical past, Cruise ships, Ferries, Hovercraft, River and canal boats, Fly cruise. Future prospects.
Travel Agency and Tour Operations Business : Origin, Growth and development; Definition, Differentiation and linkages; Organisation and functions-Travel information counselling, Itinerary preparation, Reservation, Tour costing / pricing. Marketing of tour packages. Income sources.
Airlines Ticketing : Operational perspectives of ticketing – ABC codes, Flight schedules, Flying time and MPM / TPM calculation, TIM ( Travel Information Mannual ) consultation. Routine and itinerary preparation, Types of fare, Fare calculation and rounding – up. Currency conversion and payment modes, Issuance of ticket.
Cargo Handling : Baggage allowance, Free access baggage. Weight and piece concept. Accountability of lost baggage, Dangerous goods; Cargo rates and valuation charges, Automation and airport procedures.
Requirements for setting – up travel agency and tour operations business, Approval from organisation and institutions concerned. Incentives available in Indian context. Constraints and limitations.
Marketing : Core concepts in marketing; Needs, Wants, Demands, Products, markets. Marketing management philosophies-Production, Product, Selling, Marketing and societal perspectives. Economic importance of marketing.
Tourism marketing : Service characteristics of tourism. Unique features of tourist demand and tourism product / Tourism marketing mix.
Analysis and selection of market : Measuring and forecasting tourism demand; Forecasting methods, Managing capacity and demand. Market segmentation and positioning.
Developing marketing environment, Consumer buying behaviour. Competitive differentiation and competitive marketing strategies, New product development, product life cycle, Customer satisfaction and related strategies in internal and external marketing; Interactive and relationship marketing.
Planning Marketing Programs : Product and product strategies; Product line, Product mix, Branding and packaging. Pricing; considerations, Approaches and strategies. Distribution channels and strategies.
Marketing of Tourism Services : Marketing of Airlines, Hotel, Resort, Travel Agencies and other tourism related services – Challenges and strategies.
Marketing Skills for Tourism : Creativity – Communication – Self – motivation – Team Building – Personality Development.
Tourism Planning : Origin, Concept and approaches. Levels and types of tourism planning-Sectoral, Spatial, Integrated, Complex, Centralized and Decentralized. Product life cycle theories and their applicability in tourism planning, Urban and rural tourism planning.
Tourism planning and policy perspectives; planning at national, state and regional levels. India's tourism policies.
Tourism Planning Process : Objective setting, Background analysis, Detailed research and analysis, Synthesis, Goal setting and Plan formulation, Evaluation of tourism project-Project feasibility study; Plan implementation, Development and monitoring. Tourism master plan.
Tourism impacts and need for sustainable tourism planning : Socio – cultural, Economic and physical, Tourism carrying capacity and environmental impact analysis ( EIA ).
Business ethics and laws – their relevance and applicability in Travel and Tourism industry.
Law and legislation relating to tourist entry, Stay, Departure, Passport, Visa and Health.
Tourist safety and security, Preservation and conservation of heritage environment, Archaeological sites and wildlife.
The nature of field techniques; Field techniques and tourism and hotel business; Importance; and Limitations.
Research : Meaning; Types; Trends; and challenges with special reference to tourism and hotel business. Guiding principles in selection of research problem.
Research Methodology : Meaning; Procedural Guidelines; and Research design.
Field Procedure for Data Collection and Analysis Techniques : Nature, sources of data, Techniques of data collection.
Frequency Distribution : Meanings; Problems and considerations in construction numerical frequency distributions.
Measures of Central tendency and variation.
Probability : Meaning; Definition; and sample points and sample space, Events; Conditional probability; Bayes theorem and probability on large sample space.
Probability Distributions : The binomial model; The poisson model; and Normal distribution.
Sampling and Sample Designs : Sampling and reasons for sampling; Theoretical basis of sampling; Basic concepts of sampling and types of sampling ( Random and Non-random sampling ). Central Limit theorem.
Statistical Testing : Formulation and general procedure of testing of hypothesis, One – tail test and Two – tail test.
Testing the Hypothesis : Comparison of two population means; Comparison of two population proportions; and Comparison of two population means and standard deviations.
F – test, Student's distribution and Chi – square test.
Management : Concept, Nature, Process and functions. Management levels, Managerial skills and roles. The external environment, Social responsibilities and ethics.
Planning : Nature, Purpose, Types 'and process. Management by objectives strategies and policies. Decision – making, Process, Tools and techniques. Decision – making models.
Organising : Concept of organising and organisation. Line and staff, Authority and responsibility, Span of control, Delegation, Decentralization, Conflict and coordination, Organisational structure and design, Management of change. Innovation and organisation development.
Directing : Communication-Process, Types, Barriers and principles of effective communication. Motivation – Theories and practices, Leadership – Concept, theories and styles.
Controlling : Process, Methods and techniques. Managing international business.
Information Systems : Automation of Manual System, Data Processing stages. Evolution from EDP to MIS.
MIS : Introduction, Definition, Status, Framework of understanding and designing MIS.
Computer Networking : Application of CRS ( Computerized Reservation Systems ) in travel trade and hospitality sector.
Finance : Meaning; Goals; Functions; Importance; and typologies of Finance – Role of financial management, Organisation goals; Environment; Forecasting and financial planning. Break – even analysis.
Working Capital Management : Meaning and characteristics of working capital; Financing current assets. Cash management, Receivables management and inventory management.
Management of Fixed Assets; Importance of Capital Budgeting. Analytical Techniques – Non – discounted, Discounted Techniques.
Meaning, Difference between financial and capital structures. Determinants of Financial Structure.
Financial leverage and effects of Financial Leverage on Net Income and Shareholders wealth. Financial leverage and financial planning. Break-even analysis for financial leverage. Dividend Policy, Significance of dividend policy and different types of dividend policies.
TFCI : Tourism Finance Corporation of India ( TFCI ) – Aims, Objectives, Organisation and Functions.
Accounting : Preparation of Business Income Statement, Balance Sheet, Cash flow statement and Fund flow statement. Hotel Accounting.


During the 44th match of the eighth edition of Big Bash League (BBL|08), between Hobart Hurricanes and Brisbane Heat at Hobart, Heat wicket-keeper batsman Jimmy Peirson hit a six off all-rounder James Faulkner which ended up hitting a spectator on his face.
The incident happened on the first ball of the 17th over when Pierson walked towards the off-side to hit a Faulkner delivery in the midwicket region. With proper timing on the ball, the right-handed batsman cleared the leg-side boundary with ease. However, a spectator's attempt of catching the ball ended up hitting him on the face. Fortunately, there wasn't any major injury.
The injury could have been lethal if the spectator doesn't see the ball coming towards him. The crazy fan, who was hit by the ball later returned with an ice pack and a beer can.
The BBL|08 has already been witness to some extraordinary events on-field. From strange run-outs to Aston Turner being awarded a six for hitting the stadium roof, there have been several entertaining moments in the glitzy T20 tournament.


While it's not the British Museum, The University of Pennsylvania Museum of Archaeology and Anthropology houses an outstanding collection. In fact, one-fifth of the objects listed in The Smithsonian's book "History of the World in 1000 Objects" come from the collection. Our favorites include the mummy room and the Greek pottery, but they also have great collections of African, Asian, Roman, Etruscan and Native American artifacts.
Temporary exhibits highlight current field work and past projects undertaken by the University. They also have great special events for adults and families and a beautiful courtyard for picnics (since the museum is on the Penn campus, there are lots of food trucks within a few blocks).


Like many diseases, maternal guilt doesn't provide a warning sign, discriminate or decrease its number of visits based on merit or any other measure of performance. It may weigh on your shoulders during an evening out or jab you in the side at the office.
There's a virus infecting moms everywhere. From the moment a woman hears the words "you're going to be a mom," the symptoms begin to surface. They initially emerge as feelings of second-guessing seemingly benign things: Should I have eaten that? Should I participate in that activity? Am I reading enough about child development? As time progresses, the questions may evolve to questions like, Am I spending enough time with my children? Am I reading to them enough? Am I involving them in a sufficient number of activities or too many? Then the self doubt sets in.
Guilt can grab a hold of us, drag us around and cause us to question our mothering ability until we feel around in that vulnerable abyss, desperately grasping on to the things we feel or hope we're doing right. Then, we may try to overcompensate for our perceived guilt by aiming to spend more time with our child or even purchase a coveted toy, at which point the guilt compounds, as we feel terrible for purchasing an object as a 'Band-Aid' for our guilt. Mom guilt seems to affect more of the the current generation of moms as opposed to earlier ones. Or perhaps those who came before us did feel the pains of it, but weren't as vocal about its symptoms. Like many diseases, maternal guilt doesn't provide a warning sign, discriminate or decrease its number of visits based on merit or any other measure of performance. It may say 'hello' in the middle of breakfast, weigh on your shoulders during an evening out with friends, pound on your head during an evening jog or even jab you in the side at the office. Sometimes, it even has the audacity to poke you during precious time with your children. Like many ailments, there is no definitive cure for it, just the temporary elixir until we're blindsided by the next wave.
"I don't do guilt. I just don't do it. I know I'm a good mom." I can still remember the feeling of awe, envy, and subsequent glance of admiration I had toward my friend as she laid down those words a year ago. She threw them out with such conviction and authority; she seemed immune from guilt. How did she evade it? What was it about her disposition, outlook and attitude that enabled her to shield herself from this annoying intruder that so many of us often confront? Carrying any unwelcome and foreign body around within us can cause us to feel a bit heavier than we would like. Guilt is no different. It's bothersome and it gets in the way. I pondered how light Amanda must have felt, to dance in the parenting sphere completely untouched day-to-day by even a hint of guilt.
'Maybe it's in part because I started out as an older mom. I think it was also my upbringing; my mom told me that 'guilt is a waste of time.' I worked in an environment for years where I saw many neglected and abandoned children and once they had love in their lives and people who provided some opportunities for them, they did well. Often times these days, women are more educated than ever before; they know more about development. The more we know, sometimes the more dangerous it can be, as we may unnecessarily question everything we do as parents''.
I don't know if Amanda holds the antidote for every mom, but her words resonated deeply within me. Perhaps the true remedy is a combination of medicines: a bit of support from our friends, some peace in knowing we are doing the best for our children and loving them with all that we have. A generous helping of acceptance that we will sometimes make the wrong decision, but the solace in knowing that we made it with the right intention. And the wisdom to know that guilt may always lay dormant within us and rattle us once in a while, but the more we build our immunity, the more often we'll be able to look at it and say 'I don't do guilt."


Canoes and kayaks have been utilized for voyaging waterways, lakes and even seas for a great many years. Kayaks were first used by the Inuit individuals of northern ice locales around the North Atlantic, Arctic Ocean, Bering Sea, and North Pacific. The term interprets of actually into "seeker's watercraft." These first boats were produced using discovered driftwood and creature skins, for the most part, seal.
There are no trees in the ice, so each kayak was incredibly novel. In any case, all were developed likewise. Skins would be sewed together to make a tight seal around the edge and also around the opening where the seeker would sit. This permitted the kayaker to remain dry regardless of whether the little watercraft flipped. Clients were talented in the move that is today referred to and honed as the Eskimo roll.
This move includes remaining in the watercraft when it is topsy-turvy and utilizing the oar to the right the boat. In more seasoned occasions, the firm skin around the opening kept the individual dry. Indeed, even the most gifted of these seekers couldn't swim because the water is excessively chilly, making it impossible ever to learn. One swimming exercise could be lethal in the Arctic Ocean, yet most kayakers of today are fantastic swimmers. On an advanced kayak that seal is known as the splash deck. It has the additional capacity to be separated on the off chance that the kayaker can't play out an Eskimo roll accurately or in time.
While these watercraft were initially utilized for survival, particularly chasing, they are currently used for the most part for diversion and excitement. The sitting position is agreeable for paddling; the boats are little and flexibility enabling them to go where different vessels can't, and they are fixed starting from the waist. Whitewater kayaking has been picking up in ubiquity since the innovation of solid, shoddy composites and plastics. Therefore, present-day outlines can take a large measure of manhandling, scraped spots and effects while as yet keeping up both seal and shape.
Kayaks were created for similar reasons as kayaks, generally to hunt and to voyage short separations. In any case, they were made in hotter conditions which contained trees. There was no compelling reason to stress over solidifying water overflowing the sides of the boat. Therefore, their plans never required the total fixed and encompassed surface.
What's more, these regions have a lot of building materials. The first kayaks were uncovered from a solitary tree and cut into an ocean-faring outline. Today, these styles are known as burrows.
It was discovered that a stooping position inside the kayak took into consideration a more grounded stroke and greater mobility. There is less dependability boat that must have taller sides. To help a stooping paddler, a kayak must be marginally more significant than a kayak. In any case, some play-drifting kayaks take after a short, thickset kayak.
A kayak could likewise hold more weight as a result of its high side dividers. This took into account another paddler and furthermore more supplies. They were utilized to explore the Nile in Ancient Egypt and the Caribbean Sea amid the season of Columbus. It was Columbus who instituted the expression "kayak" in his compositions about the New World. Paddling and kayaking offer an excellent type of movement and also a fun method to advance material prosperity.


Our Reading Guide for August Heat by Andrea Camilleri includes Book Club Discussion Questions, Book Reviews, Plot Summary-Synopsis and Author Bio.... August Heat (Inspector Montalbano series #10) Andrea Camilleri, 2006 (trans., 2009) Penguin Group USA 272 pp. ISBN-13: 9780143114055 Summary When a colleague extends his summer vacation, Inspector Salvo Montalbano is forced to stay in Vigàta and endure the August heat.
Our Reading Guide for August Heat by Andrea Camilleri includes Book Club Discussion Questions, Book Reviews, Plot Summary-Synopsis and Author Bio.


http://www.jewishworldreview.com | A captured high-ranking al-Qaeda terrorist has reportedly divulged that one potential New York City target for a terrorist attack is the United Nations building.
Don't believe it. Of all the institutions Islamic terrorists are likely to attack, the U.N. building is among the least likely. The United Nations is, after all, one of the terrorists' most important allies. It is Israel, the greatest victim of Islamic terror, that the United Nations loathes, not the terrorists.
Nevertheless, this alleged revelation did cause me to ponder. What if the U.N. building were blown up? What would happen? And then it occurred to me -- if no innocents were hurt, the destruction of the U.N. building in New York City would actually increase goodness on earth.
To those unwilling to acknowledge the truth about the United Nations, this statement must surely sound terrible, but the truth is that for most of its history, the United Nations has increased injustice and misery in our world. It has given moral stature to the tyrannies that make up the majority of its members, especially the Arab and Islamic blocs that dominate U.N. deliberations and resolutions. And it has either done nothing to stop the greatest atrocities of our time, or actually abetted them.
For example, Dr. Samantha Power, executive director of the Carr Center for Human Rights Policy at Harvard University, author of a major new book on genocide, blames the United Nations for enabling the Rwandan genocide. Among other things, the United Nations pulled out its peacekeepers just as the Hutu genocide of the Tutsis began.
But while the United Nations does nothing to stop, and sometimes abets, genocide, it sure does care about Palestinians. It has passed more resolutions on behalf of the Palestinians -- the national group that has unleashed perhaps the most havoc on humanity in the last 35 years -- than on behalf of anyone or anything else.
Whatever the Palestinians and their automatic majority of Islamic and Arab dictatorships want, the United Nations gives. They wanted a U.N. Commission to examine Israel's "massacre" in Jenin? They got it, even though only 56 Palestinians died, nearly every one of whom was a terrorist. They wanted the genocidal regime of Sudan on the Human Rights Council and the United States removed?
Now don't misunderstand. It is not that U.N. Secretary-General Kofi Annan or anyone else at the United Nations is necessarily personally evil. It is that the governments that dominate U.N. voting are. That is why the United Nations has become a force that promotes tyranny on earth, not peace or freedom.
So, Islamic terrorists would have to be very stupid to blow up the United Nations. And while they are demonic, they are not stupid. They would never hurt a good friend.
But what if they did foolishly blow up the United Nations? Well, then, those who love freedom and democracy would be given a unique opportunity to better the world -- we can then push the United Nations to rebuild elsewhere.
Having the United Nations in New York City, USA, is an awful idea. New York may gain some economic benefits from the big-spending diplomats living there. But otherwise, having the United Nations in America is of absolutely no benefit to America. Believing that foreign diplomats stationed in New York will come to admire America is as rational as believing in the tooth fairy. America has no influence on representatives of tyranny. If anything, seeing our power, affluence, freedom and tolerance, none of which they have and all of which they fear, only increases most delegates' hatred of our country. Every 9-11 terrorist had spent quite some time in America, and doing so only increased their hatred of it. America represented everything they wished to destroy.
So here's a sincere suggestion: If the United Nations is blown up, rebuild it in Saudi Arabia. Most delegates will love it -- no women drivers, no media criticism of the tyrannies they represent, virtually no crime, an unlimited number of personal slaves, I mean, servants, no religious tolerance and no elections. For the majority of delegates, it will be like home, sweet, home.
In fact, why wait for an attack? Move the United Nations to Saudi Arabia before it ever gets attacked.
New York can use the land for something far more productive -- a new Yankee Stadium.


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HP Brings VR to its Workstations in G4 ZBook Lineup
By Henry T. Casey published 21 April 17
As I strapped on an HTC Vive headset, I immersed myself in a virtual render of the Bank of England, an architectural masterpiece demolished in the 20th century. I realized that virtual reality is bigger than gaming, and it seems that HP agrees.
The company just launched its latest line of ZBook workstations, including the VR-capable ZBook 17 G4 that my powered my immersive experience. Available now, starting at $1,519 (with VR-ready configs starting at $3,438), this ZBook is a 17-inch tank of a workstation that can be customized to support VR content running at 90 frames per second.
MORE: The Best Laptops for Business and Productivity
While virtually teleporting around this bank render, which ran in the Enscape 3D program, I thought about VR as a tool for the modern executive. It's a lot easier to understand a new project you're signing off on from this point of view, especially as one controller button allowed me to see how things looked when more or less clouds changed interior lighting.
The VR-capable HP ZBook 17 G4
Depending on your needs, you can configure the ZBook 17 G4 with a range of CPUs (from 7th Gen Core i3 up to Xeon), as well as discrete Nvidia Quadro (with P4000 and P5000 options for VR) and AMD Radeon Pro graphics. It also sports dual Thunderbolt 3 ports and includes security standards such as a TPM chip and a Smart Card Reader, with the option for a fingerprint reader.
HP also announced the 15-inch ZBook 15 G4, which is available now, with pricing starting at $1,419. This model can't support VR, but it does feature the same range of Intel's Xeon and 7th Gen Core CPUs. It's for the user who runs demanding software from the likes of Adobe and Autodesk, but doesn't require virtual realities.
The 18-mm thin HP ZBook Studio G4
Workstation users who demand more portability will likely have their eye on the new 4.6-pound, 18-millimeter-thin ZBook Studio G4, which also features 7th Gen Kaby Lake CPUs. We look forward to testing out the configuration with a 92-watthour battery, as HP's claiming it will offer 16.5 hours of life on a single charge, which is only available in the single hard drive configurations. It's available now with pricing starting at $1,399.
HP's also bringing back the 14-inch ZBook 14u G4, its lightest workstation, for this 4th generation refresh. Starting at just 3.61 pounds, this notebook packs 7th Gen CPUs, AMD FirePro 3D graphics, up to 32GB of memory and up to 2TB of storage. Unlike the others, pricing and availability for the 14u won't be revealed until this summer.
HP Laptop Guide
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How HP Compares to Other Laptop Brands
HP Tech Support Rating and Report Card
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Oru Mexican Aparatha director Tom Emmatty said director Jude Anthony Joseph coined the title of the movie.
Oru Mexican Aparatha is quite the buzz in the Malayalam industry, but the director credits the quirky title of the movie to director Jude Antony Joseph, from whom he bought the story line.
"I worked on the film for the past four years with Jude. He was planning another movie with the title 'Oru Mexican Aparatha'. During our round of discussions, he told me about the title. We agreed that the title was apt for my movie, which is why I bought it from him," says Tom.
The director, who is basking in the success of the film, added that he is not finished with campus politics stories. "Campus politics is always in my heartand when I was doing this movie, I felt that I was going back to my degree years. I hear that the movie has created nostalgia to many viewers, especially the older generation. It makes me extremely happy, which is yet another reason why Oru Mexican Aparatha is not going to be my last film on campus politics," he says. Speaking about the extensive marketing strategy used for the promotion of the film, Tom Ematty says the team had originally targeted social media users.
"Our primary focus was on marketing the film through Youtube and Facebook because we were well aware of the popularity it would generate," says Tom.
"However, I had never anticipated that it would reach such a milestone. I am glad that it had appealed to both the young and the old. Even parents call me up and sayt their children are inspired," he says.
Tom Ematty is confident that the movie will work wonders for Tovino. " He has given his career best for the movie. I am sure the success of this film has set his career," he adds.


Salam & hello everyone! Part 2 of the Benefit Cosmetics Boutique Celebration! I love shop tour post! Because i love to show you a piece of makeup junkie heaven. So I will show you around the Benefit Cosmetics Boutique in 1 Utama!
Yeah! The fun part! Muahahahaha! I was very excited get to tour my self inside the shop and taking pictures without feeling weird and looking like a inspector. Yes! I got to admit, how I wish this was my room! Man! I can spend hours in here! Just amaze by the interior along with all these amazing cute products! Aaargghh! I can describe enough! I am sure you guys would love to stare at all of these pictures! drum-roll shopaholic and sucker for cute packaging people!
I think in this section are most probably new items from Benefit Cosmetics since last year. The ever cute crease less eyeshadow and skincare range. I saw Dulce Candy have all of these! Oh my Gosh! Ama-zziinnggg. Below image are a close up of the eyeshadow and cream shadow. And the mint green bottle on the right side is the Benefit Cosmetics Skincare Range called b.right!
Below image, some more amazing Benefit Cosmetics face products. The purple jar is the Erase Paste, some industrial strength concealer called the Boi-ign, and some cream foundation and the Hello Flawless Foundation.
The book looking product there is actually a set of face makeup. They differentiate them in skin color tone, from Light, Fair, Medium and Dark. The cute colored bottle is perfume from Benefit Cosmetics and some other cute set palette at the right side. Some eye pencils and the popular Porefessional.
Above, The 4 kits that looks like a book called the Completion Kits How to look good in everything and are some sets of makeup items from Benefit called the cheek & lip kit available in 3 edition . Perfect for travelling. On the right side is the Benefit Cosmetics fragrance collection Cresent Row comes in 6 different scent.
The other side of the counter, some goes to the second picture. They are the Benefit powder box and some box kit of the cheek & lip kit.
Hope this price list help you!
samala, sab kalau leh nk semua brg benefit sebab comel sgt... ada la try bau, ok la jugak, byk sgt zsure mana yg paling best. hehe... yep! sab paham, sab pn suka google harga barang, so hope price list ni membantu readers yg mencari info harga brg benefit kat malaysia. hehe btul!
thanks Rane! ^_^ Hope I help around people googling!
The box powders.. Haven't swatched the new blush yet. I've tested the Hello Flawless foundation at Sephora and it clings to fine hair like nobody's business.
the new blush is pretty nice!
yep, actually leh beli online (official website Benefit cosmetics) leh dpt lg murah sebab dia ada free shipping kadang2. xsure bila dia ada. and dia ship ke malaysia. jgn beli dekat online seller kalau was2 sebab mmg ada yg ciplak.
hye .. do u know how much the Benefit Posietint?
hye.. do u know the price for Benefit posietint?
hi dear, yep benefit product mmg ada yang fake. so hati2 ya. kalau nak selamat beli dr boutique nya sendiri or sephora.
sis nak tanye, benefit product pork fat free tak?
so far as i know benefit cosmetics is not a vegan/cruelty free brand (tak test on animals). in terms of ingridient, sab tak tahu. benefit cosmetics sekarang byk yg fake, make sure beli yg original to make sure tak ada bahan2 yang pelik2 dalam tu.


In January an old forest stretches upward from a dark canyon inside the darkest canyon of the year. Charismatic Douglas-fir and western hemlock reach with shadowy, ramrod straight trunks into a winter sky only briefly blue. Beneath these gloomy orthodox sentinels wriggles another old growth forest. The twisted arms of vine maple gather adjectives: misshapen, contorted, distorted, deformed, warped, bent, unpredictable, diminutive, beautiful, lovely, and alluring. Their green photosynthetic bark and crooked fingers collect crumbs of light that fall to the forest floor between the tall, overbearing conifers. Vine maple are elfin trees that get along by taking life slowly, making do with what is available.
In this green pucker at the western edge of North America, there is no green like vine maple green. The bark is the color of jade. Humans seem to find this color soothing, which might be the reason we love jade jewelry and serpentine mountains and emerald eyes and that particular hue of the ocean on a sunny day at the southern Oregon coast. Looking closely at these things causes our pulse and blood pressure to fall. Vine maple bark is often etched in delicate horizontal scars, quite unlike the deep longitudinal furrows of the majestic coniferous overstory. Moss colonizes the low trunks, beginning as small creeping doilies, eventually becoming soft billowing sleeves hanging from angular trunks. In her book Gathering Moss, Robin Kimmerer grieves the loss of these understory moss mats to harvesters, who sell them for ornamental plant baskets, and she wonders how much time is required to reestablish old growth mosses. Vine maple that host the mosses can reestablish from fire-burned roots, so the trees on which the moss grows might be older than overstory now shading them. This is much longer than people live.
If you have sensed a kinship between vine maple (Acer circinatum) and Japanese maple (Acer palmatum), your intuition would be correct. Vine maple is closely related to east Asian maples in the Palmatum group. They share a trans-Pacific biogeography with many other plants and animals, including humans. I'd like to think this is because their winged seeds became airborne on a magical long distance flight, perhaps carried on a raging autumn gale such as the Columbus Day Storm in 1962. But dispersal was probably a boring incremental process of encroachment over continental connections rather than a transoceanic voyage. In fact, vine maple reproduction can be seedless. When stems are bent to the forest floor, they readily send down roots and propagate vegetatively.
Vine maple are tougher than nails. Okay, maybe not nails. My pet tree did not make the world list of Top Ten Hardest Woods, as measured by the Janka Hardness Test. Physicists will love this index. It's the pounds of force (or Newtons) required to imbed an 11.28-millimeter diameter steel ball into the wood to half the diameter of the ball. And in case you were wondering, this does not account for other common measures of toughness: bending strength, maximum crushing strength, shearing strength, static bending, and work to maximum load. Nevertheless, vine maple is a very hard hardwood. The biological basis of this physical toughness resides in the secondary xylem, the interconnected cells that transport water and minerals through the tree, which when impregnated with lignin become tough and hard. We might surmise that vine maple xylem is loaded with lignin, and the cell walls are densely packed because the trees grow so slowly beneath the lordly overstory.
The utilitarian toughness of vine maple has been recognized by Northwest people for a very long time. "Notes on Ethnobotany in Western Oregon" provides a prodigious list of uses by indigenous humans. These include structural material for fish traps, hand drums, smoke houses, snowshoes, and baby cradles. Wood was fashioned into sewing needles and pestles, and smaller stems were woven into baskets.
Coastal tribes occasionally used vine maple for making bows. One winter I took this to heart and went about constructing a vine maple bow entirely with hand tools. I whittled and scraped and sanded and polished and when it was finished it was a poorly designed thing of beauty. The limbs thinned too quickly at the ends and soon began to crack under the arching stress of drawing the bow. But I keep it because it is beautiful. The blonde convex face retains all the voluptuous distortions of the live tree, with smooth knobs that are a joy to my hands. My brother made me a vine maple walking stick that's hard and gnarly and could probably be a tool for self-defense. Rather than hit someone with it, I modified one end by drilling a hole and inserting a right angle hook for safely manipulating rattlesnakes on my herpetology field trips. The human possibilities for vine maple wood seem limitless.
There is wisdom in knowing the value that humans place on vine maple. But my favorite tree figures into the modern metrics of forest productivity only as an early competitor with Douglas-fir. Because we no longer construct vine maple baby cradles or fish traps or bows, it therefore has no commercial value. Instead, we use conifers to make two-by-fours and plywood, which are useful, too, but this myopic focus on growing as many Douglas-fir in as short a time as possible limits our appreciation for the larger picture of forest ecology. Those small vine maple leaves that fluttered to the forest floor last fall are now rapidly decomposing and will raise carbon and nitrogen levels in the soil and increase mineral availability by raising the soil pH. Elk and black-tailed deer browse on twigs and new leaves and use vine maple thickets for bedding areas. Mountain beaver climb the trees to harvest twigs and stems. The small red flowers are an early spring nectar source for bees and butterflies. Moss mats on the trunks are used by Pacific Wrens and Swainson's Thrushes for nesting material.
When I walk into a dark stand of second growth Douglas-fir empty of vine maple, I find the simplified ecology empty and disheartening. Give me the complex majesty of vine maple, the supple grace of youth that battles Douglas-fir children for space and sunlight, the wisdom for knowing when that race is over, and when to use the moist shade and leftover sunlight for growing leaves that improve the soil for everyone. Give me red flowers that feed insects and become seeds that fly. Give me a blanket of old moss to share with birds. Let me touch the appreciative hands of a person who can feel the forest in sinewy wood. Show me the dense twisting complexity of life on this good green earth.


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Matter of Hawkeye Chemical Co., 71 BR 315 – Bankr. Court, SD Iowa 1987
by Joel Rothman | Jun 14, 2020 | cases | 0 comments
71 B.R. 315 (1987)
In the Matter of HAWKEYE CHEMICAL COMPANY, Debtor.
Bankruptcy No. 86-3231-D.
United States Bankruptcy Court, S.D. Iowa.
Salvatore A. Barbatano and Douglas J. Lipke, Chicago, Ill., Terry M. Giebelstein, Davenport, Iowa, for debtor.
*316 Joshua J. Mintz, Chicago, Ill., for Security Pacific.
James D. Bruhn, David Sivright, Clinton, Iowa, for Fluor.
William D. Carstedt, Leslie Recht, Chicago, Ill., for Interstate.
Robert G. Allbee, Elizabeth A. Nelson, Des Moines, Iowa, Michael H. Traison, Detroit, Mich., for Unsecured Creditors Committee.
MEMORANDUM OF DECISION AND ORDER
LEE M. JACKWIG, Bankruptcy Judge.
On February 6, 1987 the motion for interim adequate protection, filed by the debtor-in-possession (debtor) on February 2, 1987, and the resistances filed by Interstate Power Company (Interstate) and Fluor Constructors, Inc. (Fluor) on February 6, 1987 came on for hearing before the undersigned in Des Moines, Iowa. With respect to this motion, Salvatore A. Barbatano and Douglas J. Lipke appeared on behalf of the debtor; Joshua J. Mintz appeared on behalf of Security Pacific Business Credit, Inc. (Security Pacific); James D. Bruhn and David Sivright appeared on behalf of Fluor; William D. Carstedt and Leslie Recht appeared on behalf of Interstate; and Robert G. Allbee, Elizabeth A. Nelson and Michael H. Traison appeared on behalf of the Unsecured Creditors Committee.
The record consists of the relevant filings with the court and of the testimony of Jerry Higdon. Letter briefs were filed by the debtor, Interstate and Security Pacific on February 11, 1987. The creditors filed a letter statement regarding only the adequate protection issue on February 17, 1987. Fluor did not file any brief or argument.
STATEMENT OF THE ISSUES
In its motion for interim adequate protection, the debtor asks this court to enter an order authorizing it to pay $1,600,000 in insurance proceeds to Security Pacific and granting provisional junior liens to Interstate and Fluor in the same amount until the court can determine the security interests of the parties in the insurance proceeds. The motion, the resistances and the statements of counsel at the hearing delineated the following dispositive issues:
1. Whether the insurance proceeds constitute property of the estate pursuant to 11 U.S.C. section 541.
2. Whether the relief sought by the debtor is contemplated by 11 U.S.C. section 364.
3. Whether granting provisional junior liens to Interstate and Fluor will adequately protect any interests of such creditors in the insurance proceeds in issue.
STATEMENT OF THE FACTS
1. Debtor filed for relief under Chapter 11 of the U.S. Bankruptcy Code on December 8, 1986.
2. Prior to the debtor's filing of the petition in bankruptcy, Industrial Risk Insurers issued a check dated August 25, 1986 to the debtor in the amount of $1,657,760 as partial payment under a Comprehensive All Risk Insurance Policy (property damage and business interruption) and as a result of a fire and explosion upon the debtor's premises on July 6, 1985. The check was made payable to the debtor, Security Pacific and Interstate.
3. The Financing Order entered by this court on December 12, 1986, pursuant to 11 U.S.C. section 364, contained the following qualification:
25. This Order is not intended to, and shall not, prejudice the rights of any party with respect to alleged pre-petition liens, security interests, or contract rights or other claims, in proceeds of debtor's business interruption or casualty insurance. No use or application of said proceeds shall be made without prior court order entered upon not less than two business days' notice.
4. On January 8, 1987 the debtor filed a complaint for declaratory judgment (Adversary Case No. 87-0003) against Security Pacific, Interstate, Fluor and Industrial Risk Insurers. Basically, the debtor seeks a determination from the court that Security Pacific, not Interstate nor Fluor, has a prior valid perfected security interest in the insurance proceeds.
*317 5. On January 9, 1987 an Agreed Order, signed by the parties involved in the adversary proceeding, was entered in the case in chief. The order specified that the proceeds of the insurance draft were to be deposited in an interest bearing account subject to disposition pursuant to the December 12, 1986 Financing Order, including without limitation paragraph 25 set forth above.
6. In the February 2, 1987 motion for interim adequate protection, debtor alleges an immediate need to use the proceeds from the insurance check in order to stay in operation. (Mr. Jerry Higdon, President and Chief Executive Officer of Hawkeye Chemical Co., testified that the insurance proceeds in issue had been incorporated into the projections the debtor prepared in order to obtain Security Pacific's agreement to lend money under the Chapter 11 proceeding, and that such proceeds would be applied to the revolving account with Security Pacific thereby allowing the debtor to borrow more funds. Mr. Higdon explained that a subsequent drop in the market price below the cost for debtor's product [anhydrous ammonia] has resulted in a decrease in borrowing ability because the arrangement with Security Pacific is based upon borrowing up to 50 percent of the cost of the product or the market value, whichever is less. Mr. Higdon attested that the debtor cannot borrow more from Security Pacific at this time under the formula, and that the debtor needs funds to purchase gas on a weekly basis. He stated that the debtor has been forced to curtail production as a result of the unavailability of funds and will be forced to close down completely at the end of February if authority to use the insurance proceeds is not granted. He clarified that although his original projection included the $60,000 weekly demand charge the debtor had been paying to Interstate prior to this court's ruling on January 16, 1987, his present projection regarding the relation between the need for funds and the ability to stay in operation does not include a $60,000 output for the demand charge on a weekly basis.)
7. The debtor further alleges in its February 2, 1987 motion that there is sufficient equity in its assets to adequately protect any interest Interstate and Fluor might have in the insurance proceeds by granting provisional junior liens to those creditors. (Mr. Higdon testified that, based on a 1985 evaluation by M.B. Appraisers of Dallas, Texas, the debtor's going concern value was over $42,000,000 but less than $43,000,000 and the liquidation-in-place basis was $29,000,000 for assets, excluding inventory and accounts receivable. Taking into account both the negative downturn in the market and the positive input of $18,000,000 worth of repairs following fires in July and December of 1985, Mr. Higdon estimated that the present liquidation-in-place value of the debtor's assets would be approximately $15,000,000. He further testified that the present value of the inventory was between $7,000,000 and $8,000,000 and would be worth half of that amount, or $3,500,000, if disposed of over a short period of time. Mr. Higdon testified that the accounts receivable were presently worth $1,700,000 and would be worth $1,500,000 in a liquidation setting. Mr. Higdon verified that the debtor owed Security Pacific approximately $9,000,000 on an asset based loan and $4,000,000 on a revolving loan. He estimated that the debtor owed Interstate approximately $7,000,000 as of the date the petition in bankruptcy was filed.)
8. Interstate filed a resistance to the debtor's motion on February 6, 1987. Interstate contends that the insurance proceeds in issue are the sole property of Interstate, pursuant to an assignment dated July 1, 1986, and do not constitute property of the estate. Interstate further argues that the debtor is attempting to predetermine the adversary matter mentioned above and to compel Interstate to become a lender. Interstate further alleges that as of the date the petition was filed in bankruptcy, the debtor owed Interstate in excess of $9,000,000.
9. Fluor filed a resistance to debtor's motion on February 6, 1987. Fluor alleges that the insurance proceeds are not property of the estate — Fluor claims an interest in the proceeds pursuant to the valid, perfected
*318 security interests of Security Pacific which Fluor alleges have been transferred, assigned or subordinated to the valid lien or contract rights of Fluor. Fluor also contends that the grant of a junior lien to the extent of the amount of the insurance proceeds would not provide it with adequate protection as required by 11 U.S.C. sections 361, 363 and 364(d).
APPLICABLE CODE SECTIONS
With respect to what constitutes property of the estate, 11 U.S.C. section 541 provides in relevant part:
(a) The commencement of a case under section 301, 302, or 303 of this title creates an estate. Such estate is comprised of all the following property, wherever located and by whomever held:
(1) Except as provided in subsections (b) and (c)(2) of this section, all legal or equitable interests of the debtor in property as of the commencement of the case.
(6) Proceeds, product, offspring, rents, or profits of or from property of the estate, except such as are earnings from services performed by an individual debtor after the commencement of the case.
(b) Property of the estate does not include—
(1) any power that the debtor may exercise solely for the benefit of an entity other than the debtor;
(d) Property in which the debtor holds, as of the commencement of the case, only legal title and not an equitable interest, such as a mortgage secured by real property, or an interest in such a mortgage, sold by the debtor but as to which the debtor retains legal title to service or supervise the servicing of such mortgage or interest, becomes property of the estate under subsection (a)(1) or (2) of this section only to the extent of the debtor's legal title to such property, but not to the extent of any equitable interest in such property that the debtor does not hold.
With respect to the use of property of the estate, 11 U.S.C. section 363 provides, in part:
(a) In this section, "cash collateral" means cash, negotiable instruments, documents of title, securities, deposit accounts, or other cash equivalents whenever acquired in which the estate and an entity other than the estate have an interest and includes the proceeds, products, offspring, rents, or profits of property subject to a security interest as provided in section 552(b) of this title, whether existing before or after the commencement of a case under this title.
(c)(1) If the business of the debtor is authorized to be operated under section 721, 1108, 1304, 1203 or 1204 of this title and unless the court orders otherwise, the trustee may enter into transactions, including the sale or lease of property of the estate, in the ordinary course of business, without notice or a hearing, and may use property of the estate in the ordinary course of business without notice or a hearing.
(2) The trustee may not use, sell, or lease cash collateral under paragraph (1) of this subsection unless —
(A) each entity that has an interest in such cash collateral consents; or
(B) the court, after notice and a hearing, authorizes such use, sale, or lease in accordance with the provisions of this section.
(3) Any hearing under paragraph (2)(B) of this subsection may be a preliminary hearing or may be consolidated with a hearing under subsection (e) of this section, but shall be scheduled in accordance with the needs of the debtor. If the hearing under paragraph (2)(B) of this subsection is a preliminary hearing, the court may authorize such use, sale, or lease only if there is a reasonable likelihood that the trustee will prevail at the final hearing under subsection (e) of this section. The court shall act promptly
*319 on any request for authorization under paragraph (2)(B) of this subsection.
(4) Except as provided in paragraph (2) of this subsection, the trustee shall segregate and account for any cash collateral in the trustee's possession, custody, or control.
(e) Notwithstanding any other provision of this section, at any time, on request of an entity that has an interest in property used, sold, or leased, or proposed to be used, sold, or leased, by the trustee, the court, with or without a hearing shall prohibit or condition such use, sale, or lease as is necessary to provide adequate protection of such interest.
The means by which adequate protection may be provided are set forth in 11 U.S.C. section 361:
When adequate protection is required under section 362, 363, or 364 of this title of an interest of an entity in property, such adequate protection may be provided by —
(1) requiring the trustee to make a cash payment or periodic cash payments to such entity, to the extent that the stay under section 362 of this title, use, sale, or lease under section 363 of this title, or any grant of a lien under section 364 of this title results in a decrease in the value of such entity's interest in such property;
(2) providing to such entity an additional or replacement lien to the extent that such stay, use, sale, lease or grant results in decrease in the value of such entity's interest in such property; or
(3) granting such other relief, other than entitling such entity to compensation allowable under section 503(b)(1) of this title as an administrative expense, as will result in the realization by such entity of the indubitable equivalent of such entity's interest in such property.
In the motion for interim adequate protection, debtor relies upon 11 U.S.C. section 364(c), which provides:
(c) If the trustee is unable to obtain unsecured credit allowable under section 503(b)(1) of this title as an administrative expense, the court after notice and a hearing, may authorize the obtaining of credit or the incurring of debt —
(1) with priority over any or all administrative expenses of the kind specified in section 503(b) or 507(b) of this title;
(2) secured by a lien on property of the estate that is not otherwise subject to a lien; or
(3) secured by a junior lien on property of the estate that is subject to a lien.
Utilization of a superpriority lien in obtaining credit is authorized if the following requirements of 11 U.S.C. section 364(d) are met:
(d)(1) The court, after notice and a hearing, may authorize the obtaining of credit or the incurring of debt secured by a senior or equal lien on property of the estate that is subject to a lien only if —
(A) the trustee is unable to obtain such credit otherwise; and
(B) there is adequate protection of the interest of the holder of the lien on the property of the estate on which such senior or equal lien is proposed to be granted.
(2) In any hearing under this subsection, the trustee has the burden of proof on the issue of adequate protection.
I. Section 541
Interstate and Fluor argue that the insurance proceeds are not property of the estate. The debtor and Security Pacific contend the insurance proceeds are contemplated by 11 U.S.C. section 541.
Property of the estate is broadly construed by both the Bankruptcy Code and the relevant case law. The estate consists of all legal or equitable interest the debtor may hold, as of the commencement of the case, in particular property. Neither possession nor constructive possession by the debtor is required. 11 U.S.C. § 541(a)(1); United States v. Whiting Pools, Inc., 462
*320 U.S. 198, 103 S.Ct. 2309, 76 L.Ed.2d 515 (1983); In re Hurricane Elkhorn Coal Corp. II, 19 B.R. 609 (Bankr.W.D.Ky.1982), aff'd in relevant part and rev'd on other grounds, 32 B.R. 737 (W.D.Ky.1983), aff'd, 763 F.2d 188 (6th Cir.1985); In re Moskowitz, 13 B.R. 357 (Bankr.S.D.N.Y.1981). Insurance policies and the proceeds from such policies are property of the estate. Matter of Costa, 54 B.R. 22 (Bankr.N.J. 1985); In re Pied Piper Casuals, Inc., 50 B.R. 549 (Bankr.S.D.N.Y.1985); See also, 11 U.S.C. § 541(a)(6) and Bradt v. Woodlawn Auto Workers, F.C.U., 757 F.2d 512 (2nd Cir.1985).
Property is not excluded from a bankruptcy estate merely because it is subject to liens or encumbrances. Such encumbered property is typically the object of both motions for use of cash collateral in situations in which a creditor has an interest in such property and motions for turnover in circumstances in which an entity, other than a custodian, has possession of the property. 11 U.S.C. § 363 and § 542(a); In re Hurricane Elkhorn Coal Corp. II, 19 B.R. 609 (Bankr.W.D.Ky.1982). In the Whiting Pools decision, the United States Supreme Court stated:
By permitting reorganization, Congress anticipated that the business would continue to provide jobs, to satisfy creditors' claims, and to produce a return for its owners. H.R.Rep. No. 95-595, p. 220 (1977), U.S. Code Cong. & Admin. News 1978, p. 5787. Congress presumed that the assets of the debtor would be more valuable if used in a rehabilitated business than if "sold for scrap." Ibid. The reorganization effort would have small chance of success, however, if property essential to running the business were excluded from the estate. . . . Thus, to facilitate the rehabilitation of the debtor's business, all the debtor's property must be included in the reorganization estate.
This authorization extends even to property of the estate in which a creditor has a secured interest. §§ 363(b) and (c); see H.R.Rep. No. 95-595, p. 182 (1977). Although Congress might have safeguarded the interest of secured creditors outright by excluding from the estate any property subject to a secured interest, it chose instead to include such property in the estate and to provide secured creditors with "adequate protection" for their interests. § 363(e),. . . . At the secured creditor's insistence, the bankruptcy court must place such limits or conditions on the trustee's power to sell, use, or lease property as are necessary to protect the creditor. The creditor with a secured interest in property included in the estate must look to this provision for protection, rather than to the nonbankruptcy remedy of possession.
Both the congressional goal of encouraging reorganizations and Congress' choice of methods to protect secured creditors suggest that Congress intended a broad range of property to be included in the estate.
United States v. Whiting Pools, Inc., 462 U.S. at 204-05, 103 S.Ct. at 2312-13. (certain citations omitted)
Clearly, the fact that Security Pacific, Interstate and Fluor all claim entitlement to part or all of the insurance proceeds in issue here and in the pending adversary proceeding does not establish that such property is not part of the bankruptcy estate. The proceeds are encumbered assets — property in which the estate has an interest and in which other entities claim an interest. Resolving who has the superior interest or right to the insurance proceeds, which is the issue in the adversary proceeding, is not a condition precedent to ruling on the debtor's request to use the proceeds. As long as the debtor adequately protects such interest, the debtor may use such property of the estate.
At the time of the hearing and in its letter brief, Interstate expanded upon its contention that the insurance proceeds were not property of the estate by arguing that the debtor had assigned such proceeds to Interstate. Interstate draws this court's attention to a settlement agreement into which Interstate and the debtor entered on July 1, 1986. (Exhibit E attached to the debtor's complaint in Adversary No. 87-0003.)
*321 The critical language is found at paragraph 3 of Exhibit E:
Interstate has been advised by Hawkeye through counsel that Hawkeye is presently unable to pay the amounts due as set forth above and that Hawkeye intends to present a claim for these amounts to its business interruption insurance carrier as partial security for Hawkeye's obligation to pay as aforesaid, Hawkeye hereby assigns to Interstate the proceeds of its business interruption insurance claim to the extent those proceeds represent payment of the demand charge or interest thereon as set forth in paragraphs 1 or 2 above, and Hawkeye agrees to execute and deliver any and all documents reasonably required by Interstate or Hawkeye's insurer to evidence and to further effectuate such assignment. The obligation of Hawkeye to pay the amount due Interstate is absolute, and does not depend upon the receipt of proceeds from Hawkeye's business interruption insuror. Hawkeye shall have the right and obligation to fully pursue a claim against its business interruption insuror for that amount.
The undersigned has reviewed all of the cases cited by Interstate in support of its position and finds them distinguishable from the facts in the present case. Generally, the assignments in the cases upon which Interstate relies were absolute assignments of interests, whereas the alleged transfer by the debtor of a right to receive benefits under the insurance policy to Interstate was merely a means of offering collateral to secure an existing debt relationship. Such collateral assignment was not absolute — Interstate would not be entitled to keep proceeds in excess of any demand charge amount due and owing. Likewise, the debtor would still be obligated to pay Interstate the difference if the demand charge amount exceeded the insurance proceeds.
To the extent that certain authority cited by Interstate might tangentially support finding that a collateral assignment of property thereby excludes such property from the estate, this court specifically adopts the majority view which reaches the opposite conclusion and which is reflected in cases cited by the debtor and Security Pacific. See In re Family & Indus. Med. Facilities, Inc., 25 B.R. 443 (Bankr.E.D.Pa. 1983); contra, In re O.P.M. Leasing Services, Inc., 21 B.R. 993 (Bankr.E.D.N.Y. 1982) and In re Hurricane Elkhorn Coal Corp. II, 19 B.R. 609 (Bankr.W.D.Ky.1982). Interstate also relies upon cases which hold that certain proceeds are not property of the estate by operation of 11 U.S.C. section 541(b) and (d). Unlike the debtors in In re Encinas, 27 B.R. 79 (Bankr.Or.1983) and In re Ivory, 32 B.R. 788 (Bankr.Or.1983), the debtor herein may arguably exercise legal title as a payee under the insurance draft issued pursuant to the comprehensive policy for more than one entity.
II. Section 363 versus Section 364
As argued in the motion for interim adequate protection and at the time of the hearing, debtor seeks to accomplish the relief requested via 11 U.S.C. section 364(c) which governs obtaining credit or incurring debt when unsecured credit, allowable as an administrative expense, is not available. In essence, the debtor seeks to turn Interstate and Fluor into lenders with respect to the property in which both creditors claim an interest and which both wish to apply to their respective claims against the debtor should they prevail in the adversary matter. In its letter brief, the debtor concedes, as it did in court on February 6, 1987, that there is no case law on point but adds, only as an alternative basis for relief, 11 U.S.C. section 363 which governs the use of cash collateral.
The undersigned has been unable to find any case law supporting the debtor's position with respect to 11 U.S.C. section 364. The relevant legislative history does not contemplate the use of encumbered assets of the estate; rather it discusses Congress' intent in fashioning a means for a trustee or a debtor-in-possession to obtain necessary credit to wind up a liquidation or to obtain a substantial loan to stay in operation, respectively. H.R.Rep. No. 595, 95th Cong., 1st Sess. 346-47 (1977); S.Rep. No. 989, 95th Cong., 2d Sess. 57-58 (1978), U.S. Code Cong. & Admin. News 1978, p. 5787.
*322 If proceeds are not assets of the estate, a debtor is not in a position to ask the court to authorize the use of the proceeds as cash collateral under 11 U.S.C. section 363. However, under 11 U.S.C. section 364(c), the debtor can solicit, not force, potential lenders to provide necessary funds in return for certain treatment of the credit or debt. Noticeably, subsection (c) does not raise an adequate protection concern. Only in those cases in which a potential creditor conditions the credit on acquisition of a superpriority lien on encumbered property of the estate, does the trustee or debtor have the burden of proving adequate protection for the existing lienholders.
Assuming the proceeds herein were not assets of the estate and assuming Interstate and Fluor would otherwise agree to a use of the funds if granted superpriority lien status, the debtor would be required to establish that it was unable to obtain such credit otherwise and that there was adequate protection for Security Pacific, the prior lienholder. Of course, since Security Pacific would also be one of the potential lenders (one of the claim holders in the adversary proceeding) and, in essence, would be lending to itself, the debtor would likely satisfy the adequate protection test. Obviously, the debtor has focused only on subsection (c), not subsection (d), of 11 U.S.C. section 364.
This court has no desire to blaze trails, especially when a suggested designated path appears to lead to a cul-de-sac of confusion. Hence, the relief requested will not be granted under 11 U.S.C. section 364. However, since the issues of whether the proceeds are the property of the estate and whether the debtor can adequately protect the interests of Interstate and Fluor in those proceeds were argued by all concerned, no party will be prejudiced by allowing the debtor to proceed under 11 U.S.C. section 363.
III. Section 361
The insurance proceeds constitute property of the estate and fall within the definition of cash collateral found at 11 U.S.C. section 363(a). Before the court may authorize the use requested by the debtor, it must determine that the interests of Interstate and Fluor will be adequately protected as required by 11 U.S.C. section 363(e).
A nonexclusive definition of adequate protection appears in 11 U.S.C. section 361. Debtor's proposal to grant provisional junior liens to Interstate and Fluor is contemplated by the statutory language and legislative history. The determinative factor is whether there is sufficient equity in debtor's assets to tolerate a potential additional encumbrance in the amount of $1,600,000.
With respect to the existence of equity, Mr. Higdon testified that, under a liquidation scenario, debtor's assets would be worth $15,000,000, inventory would equal $3,500,000 and accounts receivable would bring $1,500,000. Against the $20,000,000 equity, Security Pacific holds a claim in the amount of $13,000,000.
Neither Fluor nor Interstate offered evidence that the debtor's estimated values were fatally flawed. Based on the record before this court, there appears to be an equity cushion of approximately $7,000,000 to protect any interest of Fluor and Interstate in the $1,600,000 worth of proceeds. Mr. Higdon did testify that debtor's debt to Interstate was at least $7,000,000. However, according to the debtor's schedules and the statements by counsel, Interstate is an unsecured creditor, at least in the reorganization proceeding in general. Hence, protection of only Interstate's alleged interest in the cash collateral, not its total unsecured claim, is required. Noticeably, the unsecured creditor's committee supports the debtor's motion on the belief that allowing the debtor to remain a going concern will benefit all parties in interest. Finally, there is some question about the nature, validity and extent of certain mechanics liens. From a review of both the debtor's schedules and the statements of counsel, it appears that such claims might amount to in excess of $3,000,000 but would not attach to all of the debtor's assets, such as the inventory and accounts receivable.
CONCLUSION AND ORDER
WHEREFORE, based on the foregoing facts, applicable law and analysis, the court concludes that:
*323 1. The insurance proceeds in issue constitute property of the estate.
2. Being property of the estate in which entities other than and in addition to the estate have an interest, the insurance proceeds may properly be the object of a cash collateral application by the debtor.
3. There is sufficient equity in debtor's assets, inventory and accounts receivable to adequately protect, by means of granting provisional junior liens, any interest which Interstate and Fluor may have in the proceeds.
THEREFORE, IT IS ORDERED that the debtor's motion for interim adequate protection be construed as an application to use cash collateral and, pursuant to 11 U.S.C. section 363, be granted. Accordingly, the debtor is authorized to pay $1,600,000 of the proceeds from the insurance draft to Security Pacific for application in accordance with the Financing Order entered December 12, 1986. Interstate and Fluor are hereby granted provisional junior liens in debtor's assets, inventory and accounts receivable to the extent of $1,600,000. Such liens will remain in effect pending the entry of a final order in Adversary Proceeding No. 87-0003.
About Joel Rothman
Joel B. Rothman represents clients in intellectual property infringement litigation involving patents, trademarks, copyrights, trade secrets, defamation, trade libel, unfair competition, unfair and deceptive trade practices, and commercial matters. Joel's litigation practice also includes significant focus on electronic discovery issues such as e-discovery management and motion practice relating to e-discovery.


The Sweden sofa takes inspiration from Mid-Century Danish styles, with a distinctive profile outlined in subtle welt and delicately shaped tapered legs. The sofa has a shallow seat depth with an upright profile and tight supportive back providing modern comfort.
FOR PURCHASING OR ADDITIONAL ITEM INFORMATION PLEASE SUBMIT A FORM BELOW AND A WEISSHOUSE DESIGNER WILL RESPOND ASAP.


What is in your cupboard? 6 salad plates? 2 dinner plates? 1 bowl? 2 mugs?
I found these simple and sturdy white porcelain dishes at Target and words cannot express how much I love them--really I do. There is something about white dinnerware that makes food look that much more enticing. I thought it would be nice to have matching dishes so I sold any random pieces of Williams Sonoma Basic White I had left in my cupboards (read above) on Ebay and put the proceeds towards these babies. They are very well-priced (cheaper than similar versions at IKEA) and of great quality (so far).
You can find them in stores but if you want to buy more than a few sets, buy them online here.
I couldn't agree more! I love my white dishes from Pottery Barn.
I have white square plates that I bought years ago on sale at Macy's. I lOVE them. They make you feel like you are eating at a restaurant every night (and they match every occasion)!!
I bought six small white bowls from Ikea awhile back. Love them, the shape, the size...and then one broke. And do they have them anymore??? sadly, no.
Have you been into Relics (holladay blvd)? They always have very cool white serving pieces of all shapes and sizes. Great prices too.
Laurie, I've been there and done that. Since the prices were so amazing at Target and the dishes are of such high quality, I invested in 15 place settings :) I plan on having these for a looooong time.
P.S. Thanks for the tips on Relics. It's been awhile since I've been in there so now I have a reason to stop by!


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