text:
Home Keep Up Immigration Texas Sues Biden Admin Over Public Charge Immigration Rule Change
Illegal immigrants cross the Rio Grande between Del Rio, Texas (far side) and Acuña, Mexico on Sept. 20, 2021. (Charlotte Cuthbertson/The Epoch Times)
Texas Sues Biden Admin Over Public Charge Immigration Rule Change
Texas Attorney General Ken Paxton filed a lawsuit on Thursday to stop the Biden administration from ignoring a federal immigration law that prevents illegal immigrants from residing in the United States if they're likely to rely on taxpayer-funded programs.
"I've sued [President Joe] Biden over a dozen times to secure our southern border," Paxton said on Twitter. "Now, just as 2023 is starting, I'm bringing another lawsuit—the first of its kind in the nation on Biden's disastrous new public-charge rule. I'll keep suing [and] winning until he [and] his lawless Dems follow the law."
Paxton accused the Biden administration of furthering an open borders policy by enacting the new rule, which "effectively nullifies federal law excluding aliens likely to become public charges," according to the lawsuit filed in the U.S. District Court for the Southern District of Texas (pdf).
That rule has been in place since 1882 and was reaffirmed by Congress in 1996 under the bipartisan Welfare Reform Act. By not enforcing the law, the Biden administration has opened the door to illegal aliens who'll be dependent on welfare, the lawsuit alleges.
Paxton's lawsuit argues that the December 2022 rule was enacted in violation of federal law and is arbitrary and capricious.
"The Biden Administration is committed to opening the borders to aliens who lack the ability to take care of themselves. Texans should not have to pay for these costly immigrants, nor should any other American," Paxton said in a statement. "I will continue to defend the rule of law and fight to ensure that the massive costs of illegal immigration don't further burden taxpayers."
Paxton's office said the new rule prohibits the consideration of statutorily required factors in determining whether an alien is likely to become a "public charge." The term public charge first appeared in statute in the Immigration Act of 1882, where Congress barred the admission of "any person unable to take care of himself or herself without becoming a public charge."
By Caden Pearson
Biden Public-Charge Rule
Ken Paxton
Previous articleChart of the Day: Retailers Prep for Tougher Times and Frugal Customers in 2023
Next articleBANNON'S WAR ROOM Post 294
Biden Administration Releases Over 1,300 Criminal Illegal Immigrants in 1 Month
77 Democratic Lawmakers Author Letter Criticizing Biden's Handling of Border Crisis
Record Number of Border Deaths During Biden's First 2 Years


Breathing should be normally through nose and it should be normal and natural.
After assuming the final stage of Yogic practice, close the eyes and be aware of the breathing by engaging the mind either in counting the breaths or feeling the touch of the breath inside the nostrils. This meditation part called "Pranadharana" is more significant for achieving desired benefits from yogabhyas.
The movements involved in performing yogic practices should be stow, steady, controlled, continuous, attractive and rhythmic. Relaxation, ease and comfort are the soul of yogabhyas.
Consciously relax the physical parts and mental faculties which are not directly involved in the practice. This minimises your efforts in all practices.
Do not try to achieve ideal final stage of yogic practice or retain it for more time by overstepping your capacity or taking outside help.
Avoid resorting to competitive spirit or force in performing the practices.
Start with 2 asanas on the first day.
Next day do 4 asanas, two that you have done on the day before and two new ones.
Each day keep adding 2 asanas over and above the ones, which you have done the day before.
Cover all 20 asanas in ten days and then take the next set of Yogic exercises.
Then continue to perform all the asanas everyday to derive maximum benefit.


A cultural exploration of the Chinese Immigrant experience through music, dance and interactive multimedia Triaspora incorporates Asian traditions with contemporary expression, filling the theatres with an exhilarating mix of style, movement and sound. Triaspora draws on numerous insightful interviews from different generations of Chinese Canadians, while examining the search for cultural identity and social acceptance.
Triaspora reflects the crossing of three disciplines – music, dance and multimedia, and incorporates the three themes – fire, water and travel. Water, which at one time covered Vancouver's Chinatown and carried the immigrants to this "new" country, symbolizes their emergence from a repressed world to a new frontier. Like water, which changes its form in natural cycles, the Chinese community continues to transform and renew with each generation. The fire that burned down Nanaimo's Chinatown in 1960 is also a symbol of rebirth. Traveling is a familiar reality for the immigrant generation. Canada's economic lifeline – highway 401 and Steve Reich's famous composition Different Trains inspired the music for the final theme.


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text:
Q: How to select  element in C# with selenium? I tried select video element like:
var selectMyVideo = browser.FindElementsByXPathName("//*[@id='video-container']/div[2]/video");
or
var selectMyVideo = browser.FindElementsByXPathName("//video[contains(@class, 'main-video')]");
But seem it is not working.
There is a structure of element with a root node.

            <video preload="true" webkit-playsinline="webkit-playsinline" class="main-video" poster="data:image/gif;base64,R0lSOSlhAQABAIDAAAUEBAYAACwAAAAAAQABCAACAkQBADs=" src="http://myserver.com/media-8.mp4">
            </video>

Can anyone help me? Thanks.

A: try following code.
 var driver = new FirefoxDriver();
        driver.Navigate().GoToUrl("you URL");
        WebDriverWait wait = new WebDriverWait(driver, TimeSpan.FromSeconds(60));
        //check if there is any iframe then get that frame and switch on frame using folloiwng code.
        //var frame = wait.Until(ExpectedConditions.ElementExists(By.Id("frame_id"));
        //driver.SwitchTo().Frame(frame);

        //get video tag.
        var vTag = wait.Until(ExpectedConditions.ElementExists(By.TagName("video")));
        var videoSrc = vTag.GetAttribute("src");

if any issue then let me know.
Thanks.

redpajama_set_name: RedPajamaStackExchange


Templar Titan combines decades of small & large job construction experience with a dynamic management team to provide the client a reliable building partner. An integral, highly reliant solution to construction jobs of all sizes. It is important to have a builder you can put your trust in to deliver your dream, or project to reality within budget. At Templar Titan we pride ourselves in building long term relationships based on integrity, accountability, and reliability. Templar Titan has the building history necessary, the team bonding capabilities, and the expertise to champion any project in a timely fashion as dreamed of by the owner, or architect. This is what Templar Titan excels at – customer satisfaction striving to meet or exceed our client's expectations each and every time.
Templar Titan provides management and oversight to all facets of designing & building construction projects of all sizes commercial & residential. We strive to complete projects that everyone involved, including the public, feels proud and safe to frequent.


text:
12.30.2019 Featured Story
Top Stories 2019: Hardware store proposal in Mattituck causes stir
By Mahreen Khan
A truck with a "Say no to eminent domain" sign at the Mattituck property last fall. (Credit: Kate Nalepinski)
Back in August, when Mattituck Laurel Civic Association members got together to discuss turning Mattituck's "last green corner" into a park, community members made it clear they did not want a proposed 20,000-square-foot hardware and paint store on the corner of Main Road and New Suffolk Avenue. At that time, it was almost unimaginable how the tables might turn. Who could suspect that the 1.8-acre parcel, long under scrutiny by town officials and locals, would become the focus of a months-long legal standoff and outright ownership battle?
The Brinkmann family, who run Brinkmann Hardware Corp., first submitted an application for the property in 2017. In May, they filed suit against the town after a moratorium — which they argued was directed solely at their plan — was enacted. That moratorium was designed to give the town time to consider recommendations from ongoing traffic and parking studies, while halting the issuance of approvals and permits at the Route 25/Love Lane intersection. It was renewed for an additional six months in August. After a number of public hearings, at which locals expressed concern about heightened traffic and worried that the character of the hamlets might be adversely impacted, the Southold Town Board voted Sept. 10 to begin the process of eminent domain.
The Brinkmanns said they would not back down, but Suffolk Times reporting found they had begun negotiating with the town in September. Negotiations fell through some weeks later, when a condition set forth by the Brinkmanns was deemed unfavorable. As of October, negotiations were still suspended.
Photo caption: A truck with a "Say no to eminent domain" sign at the Mattituck property. (Credit: Kate Nalepinski/file)
Mahreen Khan is a general assignment reporter for Times Review Media Group covering everything from local government and business to health, breaking news and features. She is a 2018 graduate of Stony Brook University, with degrees in Journalism and Psychology.
Email Mahreen Khan Email Created with Sketch. Email Mahreen Khan
Brinkmanns
top stories 2019
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redpajama_set_name: RedPajamaCommonCrawl


text:
Toogoolawah
Lowood
Loganlea
Springfield Central
Day details three-point plan to get back to No.1
Jason Day is under an injury cloud.
by AAP
2nd Jan 2019 2:38 PM
A DEFIANT Jason Day has declared 2019 the year he can finally reclaim the world No.1 ranking.
The 30-year-old Aussie has targeted three facets of his golf game he needs to improve to return to No.1 since losing the crown in February 2017.
"If I'm (ranked) first in strokes gained putting (on the US PGA Tour), hit 70 per cent of greens in regulation and hit 60 to 65 per cent of fairways, then I'll get back to No.1," Day said at the Tournament of Champions in Hawaii.
Day finished second but spent most of last season ranked first in the strokes gained in putting measurement, while he hit 65 per cent of greens and 58 per cent of fairways.
The Queenslander first grabbed golf's top spot briefly during his breakout 2015 season, when his five PGA Tour victories included a maiden major title at the PGA Championship.
He then returned to the summit in March 2016, where he stayed for 47 consecutive weeks.
Only four-time major winner Rory McIlroy (54) has more consecutive weeks at No.1 since Tiger Woods dominated the position for 16 years.
Jason Day has his sights set on the top spot. Picture: Gregory Shamus/Getty
Day's 2018 PGA Tour season marked a return to form following a winless 2017.
He won twice in the US before May, but after the Players Championship he registered just one top-10 result for the rest of the season.
Day's lack of consistency opened the door for several players to take turns at No.1, including multiple major winner Brooks Koepka, former No.1 Dustin Johnson, FedEx Cup champion Justin Rose and Justin Thomas.
But Day says his three performance goals will take care of the quartet this year.
"I can't control what they do, but if I reach my goals I will definitely win multiple times and that's what I believe."
Before arriving at the winners-only, no-cut Tournament of Champions, Day spent considerable time recently in the Californian desert with long-time swing coach Colin Swatton.
It's been over three years since Jason Day tasted his one and only majors success.
"I've been working hard on shaping the ball in both directions and controlling my ball flight," Day said.
Day booked his place in the field at the picturesque Plantation course in the Kapalua area of Maui with his wins at the Farmers Insurance Open and Wells Fargo Championship last year.
He is hoping to add a sixth title for Australian golfers since the Tournament of Champions moved to Hawaii in 1999.
"This course can set up well for me," said Day, who owns three top-10s in four starts, including a tie for third in 2015 when he fired a final round of 10-under-par 62.
"I've had some success here but I'd like to get that win."
Day's fellow Aussie Marc Leishman is also in the elite 34-player field.
'His mind is brilliant. He's got everything'
Tiger's plan to hunt more majors in 2019
Leishman and Day stay in the hunt at Tournament of Champions
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text:
Q: Optimal number of folds for nested cross-validation? I'm doing nested cross-validation on a classification problem (inner loop to tune hyperparameters, outer loop to select algorithm).
I've often heard that a reasonable number of folds for standard (I.e.: not nested) cross-validation is 5 or 10.
Is there a similar rule of thumb for nested cross-validation?
Should I have more folds in the inner or the outer? How many?
I'm not looking for a definitive answer, I'm just curious to hear what people usually go for.


text:
myUNSW
Programs by Faculty
Courses by Subject Area
Specialisations A-Z
General Rules & Student Information
Handbook Home
Enter a Program or Course Code
e.g. 3400, ACCT1501 or MATH*
Faculty: Faculty of Law
School: School of Law
Course Outline: See below
Campus: Kensington Campus
Career: Postgraduate
Units of Credit: 6
EFTSL: 0.12500 (more info)
Indicative Contact Hours per Week: 2
Enrolment Requirements:
Prerequisite: Academic Program JD (9150) Co: JURD7211
Excluded: LAWS8040
Fee Band: 3 (more info)
Further Information: See Class Timetable
This course examines the regulatory regimes for online media and content. Approximately half the course is devoted to content control by reference to intellectual property laws, and half examines other laws (such as defamation, tort and specific regulation of online content) which impose liability for or otherwise control supposedly harmful content. Throughout the course, various themes recur, such as: the liability of ISPs and other third parties for actions of others; the role of technology in providing protection; challenges for the law from a technological viewpoint; co-regulatory and self-regulatory models; and the cross-border nature of online media.
LLM Specialisation
Media, Communications and Information Technology Law.
Recommended Prior Knowledge
Following the study of each topic, students should:
Have a functioning knowledge of the relevant laws regulating online content, both in Australia and in an international context
Be able to identify, interpret and apply the relevant laws
Be able to discuss conceptual and practical difficulties that may arise in the application of laws in an online context
Be able to identify the need and potential for further law reform
Have a functioning knowledge of the relevant technologies and policies and their interaction with the law in the context of the regulation of online content
The course attempts to undertake a brief review of the context of the particular topic (for example, the foundations of copyright, defamation etc), and then proceed to identify and examine those areas of the topic where online content provides a particular or novel challenge. These areas will then be considered and discussed in detail, focussing on theoretical analyses, policy directions, statutory materials and decided cases. Most topic areas will be treated in a comparative fashion, considering not only the laws in force in Australia, but also the international context in the area as well as developments in other major jurisdictions (in particular the US and the UK). A comparative approach in the assessments (in particular the research essay) is also encouraged.
Common themes running through the course include:
What unique features of the Internet create the need for new regulatory approaches?
Will a particular regulatory approach achieve its objectives?
What are the advantages/disadvantages of state-based v non-state-based regulatory strategies?
What common regulatory strategies are being used, such as imposing liability on intermediaries?
How do international agreements and the influence of other major jurisdictions (in particular the US) shape Australian laws?
Research essay 4,500 words 40%
Take home exam 3,000 words (3 questions) 50%
Class participation Preparation and engagement in class 10%
Course Texts
Prescribed
Recommended textbooks and resources:
•Akindemowo, O, Information Technology Law in Australia (LBC, 2001 (2nd ed))
•Fitzgerald, A et al, CyberLaw (Butterworths, 2002)
•Fitzgerald, A et al (eds), Going Digital 2000: Legal Issues for Electronic Commerce, Software and the Internet (Prospect Publishing, 2000)
•Fitzgerald, B et al, Internet and e-Commerce Law - Technology, Law and Policy (Thomson, 2007)
•Lawrence, A, The Law of Ecommerce (LexisNexis, 2003 (looseleaf))
•Lim, YF, Cyberspace Law: Commentaries and Materials (OUP, 2007 (2nd ed))
•Smith, G, Internet Law and Regulation (Sweet & Maxwell, 2002 (3rd ed))
•Online course materials
A detailed reading guide will be handed out at the first lecture. The reading guide includes core readings from the lecturer's loose-leaf service, The Law of Ecommerce (LexisNexis). Details as to availability are included in the reading guide.
URL for this page:
© The University of New South Wales (CRICOS Provider No.: 00098G), 2004-2011. The information contained in this Handbook is indicative only. While every effort is made to keep this information up-to-date, the University reserves the right to discontinue or vary arrangements, programs and courses at any time without notice and at its discretion. While the University will try to avoid or minimise any inconvenience, changes may also be made to programs, courses and staff after enrolment. The University may also set limits on the number of students in a course.


text:
module FilesCollectionHelpers
  # setting filenames, files and LOCCounter::SourceFile.new
  def stub_files
    @filename1  = stub("First file name")
    @filename2  = stub("Second file name")
    @filenames  = [@filename1, @filename2]

    @file1 = stub("LOCCounter::SourceFile instance for filename1")
    @file2 = stub("LOCCounter::SourceFile instance for filename2")
    @files = [@file1, @file2]

    LOCCounter::SourceFile.stub(:new) do |filename|
      case filename
      when @filename1 then @file1
      when @filename2 then @file2
      end
    end
  end
end

redpajama_set_name: RedPajamaGithub


text:
Matter of Witkowski
In re Powers
Because modification under § 1329 is discretionary, review is limited to a determination of whether the…
In re Guillen
Even assuming arguendo that the confirmation of the plan here involved a determination that the amount of the…
Full title:IN THE MATTER OF RONALD J. WITKOWSKI, DEBTOR-APPELLANT
Court:United States Court of Appeals, Seventh Circuit
Date published: Feb 14, 1994
16 F.3d 739 (7th Cir. 1994)
United States Court of Appeals, Seventh Circuit
holding that 'the clear and unambiguous language of § 1329 negates any threshold change in circumstances requirement and clearly demonstrates that the doctrine of res judicata does not apply'
Summary of this case from In re Ellison
Argued October 1, 1993.
Decided February 14, 1994.
Sheryl A. Fyock, Office of Trustee, Elaine C. Jensen (argued), Chicago, IL, for Jack McCullough.
J. Reed Millsaps, Michael L. Maduff, Frank J. Kokoszka, Paul Eberhardt (argued), Leslie A. Blau, Blau, Eberhardt Kokoszka, Chicago, IL, for Ronald J. Witkowski.
Appeal from the United States District Court for the Northern District of Illinois.
Before POSNER, Chief Judge, WOOD, Jr. and MANION, Circuit Judges.
MANION, Circuit Judge.
Ronald Witkowski filed a Chapter 13 petition for bankruptcy. The bankruptcy court approved Witkowski's proposed bankruptcy plan which provided that unsecured creditors receive 10% of their claims. After some creditors failed to file claims, the trustee moved to modify the plan seeking to increase the percentage for those creditors who did file claims. The bankruptcy court granted the motion, and the district court affirmed. Witkowski appeals to this court and we affirm.
Chapter 13 bankruptcy "adjusts debts of `an individual with regular income.'" Matter of Smith, 848 F.2d 813, 814 (7th Cir. 1988) (quoting 11 U.S.C. § 109(e)). In contrast to a Chapter 7 bankruptcy, which requires liquidation, Chapter 13 "allows a debtor to keep his assets, but he must use his future income to pay his creditors." Id. See also Matter of Aberegg, 961 F.2d 1307, 1308 (7th Cir. 1992); In re Schaitz, 913 F.2d 452, 453 (7th Cir. 1990). To begin a Chapter 13 bankruptcy, the debtor must file a petition for bankruptcy with the clerk of the bankruptcy court. 11 U.S.C. § 301; Smith, 848 F.2d at 814. Within 15 days of the filing of the Chapter 13 petition, the debtor must file a bankruptcy plan. Bankruptcy Rule 3015; id. After the debtor files for bankruptcy and formulates a bankruptcy plan, the bankruptcy court holds a hearing to determine whether the plan satisfies all of the requirements of the bankruptcy code. § 1324. See e.g., Smith, 848 F.2d at 815. "The bankruptcy court must confirm the Chapter 13 plan if it meets the six requirements of § 1325(a). . . ." Aberegg, 961 F.2d at 1308.
A bankruptcy plan basically sets forth an estimate of the total amount of money that the debtor owes creditors and the amount he can afford to pay them. See e.g., Smith, 848 F.2d at 814-15; In re Moseley, 74 B.R. 791, 796-97 (Bankr.C.D.Cal. 1987), appeal dismissed as moot and order vacated, 101 B.R. 608 (9th Cir. 1989). The plan then establishes an estimated payment schedule which includes the monthly payments the debtor will make, the time period in which these payments will be paid, and the total percentage each creditor will receive on his claim. Id. The payment schedule, however, is only an estimate. For various reasons, at the time that the bankruptcy plan is submitted the exact amount of allowable claims is unknown. For example, the amount of the claim may be in dispute; or a creditor may fail to file a timely proof of claim, as required by Rule 3002(a) to participate in a distribution under the bankruptcy plan. Rule 3002(a). 8 Collier on Bankruptcy ¶ 3002.03 at 3002-9 (15th ed. 1993).
Once the allowable claims are established, the actual amount the debtor must pay may differ from the amount of estimated claims. See e.g., In re Casper, 153 B.R. 544, 545 (Bankr.N.D.Ill. 1993), rev'd on other grounds sub nom., 154 B.R. 243 (N.D.Ill. 1993); In re Garcia, 6 B.R. 35, 37 (Bankr.D.Kan. 1980). This may require an adjustment in the payment schedule, depending on the type of plan. Garcia, 6 B.R. at 37. Two models of bankruptcy plans have evolved which automatically adjust the payment schedule by including a variable which fluctuates depending on the amount of claims actually filed. Various courts call these two models "pot plans" and "percentage plans." See e.g., In re Phelps, 149 B.R. 534, 537 n. 3 (Bankr. N.D.Ill. 1993); Moseley, 74 B.R. at 797 n. 9; In re Jordan, 161 B.R. 670, 671-72 (Bankr. D.Minn. 1993); In re Casper, 153 B.R. at 547; Garcia, 6 B.R. at 37. Accordingly, for purposes of discussion, a "percentage plan" is a plan which provides a set percentage of his claim each creditor will receive but leaves the exact amount the debtor will pay in flux until all claims are approved. A "pot plan" refers to a plan which provides that the debtor will pay a fixed amount or "pot" of money into the bankruptcy estate but the percentage creditors will receive ultimately depends on the total amount of claims that are approved.
Against this backdrop, we now consider Witkowski's plan, which provided:
The debtor, the debtor's, employer, or other entity shall remit the sum of [$600] each month payable at the rate of [$600] per month to the Trustee for the benefit of creditors. From the payments specified above secured creditors shall be paid 100% of allowed claims and unsecured creditors shall be paid 10% of allowed claims. The term of the Plan shall be [47] months or such lesser time as may be required to pay all claims as provided above."
The original proposed plan provided for payments of $225. Witkowski amended the proposed plan to provide for payments of $600 prior to its confirmation, pursuant to 11 U.S.C. § 1323.
The original proposed plan provide for 36 monthly payments. Witkowski amended the proposed plan to provide for 47 monthly payments prior to confirmation, pursuant to 11 U.S.C. § 1323.
Witkowski asserts that this is a "percentage plan" because it provides a set percentage which creditors will receive under the plan and leaves in flux the total number of payments that he will have to make, depending on how many claims are filed and approved.
In confirming the plan, however, the bankruptcy court entered a simple order which provided that the debtor's plan is as follows:
Secured Unsecured No. of Months Mo. Payments _______________________________________________________________ 100% 10% 47 $600 [9] The order did not include the language "or such lesser time as may be required to pay all claims as provided above." Nonetheless, for purposes of this opinion, we will assume that the confirmation order incorporated the unamended language of the proposed plan because the bankruptcy code provides that the "provisions of the confirmed plan bind the debtor and each creditor." § 1327(a) (emphasis added). Accordingly, we will assume, as Witkowski argues, that the language "or such lesser time as may be required to pay all claims as provided above" created a "percentage plan."
Witkowski's bankruptcy plan was confirmed on March 29, 1990. The deadline for creditors to file proof of claims was June 11, 1990. Many of Witkowski's creditors failed to file claims by this deadline. Because fewer claims were filed than anticipated, Witkowski's payments of $600 for 47 months exceeded the amount necessary to provide a 10% return to unsecured creditors. The trustee moved to modify the bankruptcy plan to increase to 19% the percentage unsecured creditors who had filed claims would receive. Witkowski objected to the modification, claiming that his plan was a "percentage plan" which automatically accounted for the surplus in its term length of "47 months or such lesser time as required." Witkowski claimed that the lesser time required was approximately 43 months. Notwithstanding Witkowski's objections, the bankruptcy court granted the trustee's motion to modify. Witkowski appealed and the district court affirmed.
II. Discussion
Witkowski asserts three arguments in support of his position that the bankruptcy court erred in modifying his confirmed bankruptcy plan. First, he claims that a bankruptcy court cannot modify an approved bankruptcy plan unless the trustee demonstrated an unanticipated substantial change in financial circumstances. Witkowski claims that the trustee did not meet this threshold test because in a bankruptcy some creditors routinely fail to file claims. Therefore, Witkowski claims the bankruptcy court could not modify the plan. Witkowski next argues that the court's modification changed the approved "percentage plan" to a "pot plan" and that such a modification was inappropriate. Finally, Witkowski claims that the bankruptcy court erred by failing to conduct an independent inquiry as to whether cause exists for the modified plan to exceed three years. We discuss each of these issues in turn.
A. Section 1329
Witkowski first argues that the bankruptcy court could not modify his confirmed bankruptcy plan because no unanticipated "substantial change" in financial circumstances occurred. Thus the preliminary question is why the court needs to find a substantial change in circumstance before modifying the plan. Section 1329 of the bankruptcy code controls modifications of confirmed bankruptcy plans and provides that:
(a) At any time after confirmation of the plan but before the completion of payments under such plan, the plan may be modified, upon request of the debtor, the trustee, or the holder of an allowed unsecured claim, to
(1) increase or reduce the amount of the payments on claims of a particular class provided for by the plan;
(2) extend or reduce the time for such payments;
(3) alter the amount of the distribution to a creditor whose claim is provided for by the plan to the extent necessary to take account of any payment of such claim other than under the plan.
(b)(1) Sections 1322(a), 1322(b), and 1323(c) of this title and the requirements of section 1325(a) of this title apply to any modification under subsection (a) of this section.
By its terms, § 1329 does not provide for any threshold requirement to modify a bankruptcy plan. In re Powers, 140 B.R. 476, 478 (Bankr.N.D.Ill. 1992); In re Perkins, 111 B.R. 671, 673 (Bankr.M.D.Tenn. 1990) ("changed circumstances, unanticipated or otherwise, is not imposed by the code as a threshold barrier to access to modification under § 1329"). See also In re Larson, 122 B.R. 417, 420 (Bankr.D.Idaho 1991) (refusing to impose a threshold requirement on the similarly worded modification statute which applies to Chapter 12 bankruptcies). Rather, according to the terms of § 1329, the debtor, the trustee or an unsecured claim-holder has an absolute right to request modification of the plan between confirmation of the plan and completion of the plan payments. § 1329(a)(2). Powers, 140 B.R. at 478; Perkins, 111 B.R. at 673. Further, § 1329 allows the trustee to do exactly what he did in this situation — increase the amount of payments on claims of a particular class. § 1329(a)(1); Powers, 140 B.R. at 478. "[W]here, as here, the statute's language is plain, "the sole function of the courts is to enforce it according to its terms.'" Matter of Sinclair, 870 F.2d 1340, 1341 (7th Cir. 1989) (quoting Burlington North. R.R. v. Oklahoma Tax Comm., 481 U.S. 454, 461, 107 S.Ct. 1855, 1860, 95 L.Ed.2d 404 (1987)).
Notwithstanding the plain, unambiguous language of § 1329, Witkowski argues that a § 1329 modification is only available if the trustee demonstrates an "unanticipated substantial change" in the debtor's financial circumstances. Witkowski relies on the Fourth Circuit opinion of In re Arnold, 869 F.2d 240 (4th Cir. 1989). The Fourth Circuit is the only circuit to have specifically considered the propriety of § 1329 modifications. Other circuits have tangentially commented on § 1329 modifications, but these cases do not analyze much less discuss the issue and are thus not instructive. Witkowski also cites numerous bankruptcy decisions for the proposition that a modification under § 1329 is appropriate only upon proof of a "change in circumstance."
See, e.g., Laughlin v. United States I.R.S., 912 F.2d 197, 203 (8th Cir. 1990) (dissent, J. Magill) (nothing that a "debtor has an absolute right to have case dismissed, to convert the case to Chapter 7, or to request modification of the plan"); In re LeMaire, 898 F.2d 1346, 1355 (8th Cir. 1990) (dissenting, J. Magill) (noting that the plan would be subject to modification under 11 U.S.C. § 1329(a) if the debtor's income increased significantly); In re Fietz, 852 F.2d 455, 458 (9th Cir. 1988) (noting that only debtors could seek modification under § 1329 for petitions filed before October 8, 1984); Education Assist. Corp. v. Zellner, 827 F.2d 1222, 1226 (8th Cir. 1987) (noting that "[i]f, in the future, [the creditor] can show a substantial change in [debtor's ability to pay, it may request modification of the plan"); West v. Costen, 826 F.2d 1376, 1379 (4th Cir. 1987) (noting that the creditor did not appeal the denial of a § 1329 modification); In re Johnson, 708 F.2d 865, 868 (2d Cir. 1983) (noting that Congress provided a statutory mechanism for modifying a confirmed Chapter 13 bankruptcy plan when circumstances such as those affecting the debtor occurred, namely, losing a job and caring for an ill mother).
In re Cook, 148 B.R. 273, 279-280 (Bankr. W.D.Mich. 1992) (chapter 12); In re Algee, 142 B.R. 576, 580 (Bankr.D.D.C. 1992); In re McNulty, 142 B.R. 106, 109 (Bankr.D.N.J. 1992); In re Bostwick, 127 B.R. 419, 420 (Bankr.N.D.Ill. 1991); In re Weissman, 126 B.R. 889, 893 (Bankr.N.D.Ill. 1991); In re Bereolos, 126 B.R. 313, 326 (Bankr.N.D.Ind. 1990); In re Fitak, 121 B.R. 224, 228-29 (S.D.Ohio 1990); In re Woodhouse, 119 B.R. 819, 820 (Bankr.M.D.Ala. 1990); In re Lynch, 109 B.R. 792, 796 (Bankr.W.D.Tenn. 1989); and Matter of Grogg Farms, Inc., 91 B.R. 482, 485 (Bankr.N.D.Ind. 1988) (chapter 12).
In relying on these cases, Witkowski presents two issues: (1) whether § 1329 itself requires a threshold "change in circumstance;" (2) whether the common law doctrine of res judicata imposes a "change in circumstance" requirement. Before discussing these two issues, however, we need to take a moment to address a third issue which Witkowski indirectly presents.
In arguing that § 1329 and the common law doctrine of res judicata impose a "change in circumstance" requirement, Witkowski asserts that such a "change in circumstance" must be "unanticipated" and "substantial." Witkowski emphasizes "unanticipated" and "substantial" because he recognizes that the trustee would be able to meet a less restrictive "change in circumstance" test. "No particularly burdensome proof is required for a debtor to show `changed circumstances.'" In re Moseley, 74 B.R. 791, 799 n. 13 (Bankr. C.D.Cal. 1987). Failure of a significant number of unsecured creditors to file claims would seemingly satisfy this lenient requirement. But according to Witkowski, it would not meet an "unanticipated substantial change in circumstance" standard because the failure of creditors to file claims is something that is anticipated in most bankruptcies. In any event, he insists the change is not substantial. Accordingly, to demonstrate that the court erred in modifying the plan, Witkowski declares "unanticipated substantial change in financial circumstances" to be the appropriate standard.
Witkowski cites Arnold, 869 F.2d 240, 243 (4th Cir. 1989), and numerous bankruptcy court opinions which have required an "unanticipated substantial change in financial circumstance." Other bankruptcy courts, however, have not included "unanticipated" or "substantial" in the threshold standard. See In re Perkins, 111 B.R. 671, 673 (Bankr. M.D.Tenn. 1990), and Harry L. Deffebach, Post-confirmation Modification of Chapter 13 Plans: A Sheep in Wolf's Clothing, 9 Bank.Dev.J. 153 (1992), for a through discussion of the various threshold standards adopted by bankruptcy courts. We need not choose between the standards, however, because neither § 1329 nor the doctrine of res judicata impose any threshold change in circumstance standard.
See, e.g., In re Weissman, 126 B.R. 889, 893 (Bankr.N.D.Ill. 1991); In re Bereolos, 126 B.R. 313, 326 (Bankr.N.D.Ind. 1990); In re Fitak, 121 B.R. 224, 226 (S.D.Ohio 1990).
1. Whether § 1329 itself requires a "change in circumstances."
To support his position that § 1329 contains a threshold change in circumstance requirement, Witkowski points to In re Arnold, 869 F.2d 240 (4th Cir. 1989). In Arnold, a debtor challenged a modification of a bankruptcy plan which increased the amount of the monthly payments and extended the length of the plan. The court noted that "[a]lthough § 1329(a) does not explicitly state what justifies such a modification, it is well-settled that a substantial change in the debtor's financial condition after confirmation may warrant a change in the level of payments." Id. at 241. Witkowski also relies on the previously cited bankruptcy court decisions in which the court imposed a threshold "change in circumstance" requirement. See supra note 5, at 743.
Contrary to Witkowski's portrayal, Arnold does not hold that § 1329 itself required any "change in circumstance." Rather the court merely stated that such a showing justified modification. Moreover, even if Arnold is read to require a change in circumstances, we disagree that § 1329 requires such a showing. As discussed above, § 1329 is clear and unambiguous and gives the debtor, creditor, or trustee the absolute right to seek a modification.
Arnold does, however, hold that the doctrine of res judicata requires a showing of an unanticipated substantial change in circumstances for a § 1329 modification. This is a separate question which is discussed infra at 744-45.
Arnold is also distinguished in that the court considered a substantial change in circumstances appropriate when the debtor's payments were increased. In this case, Witkowski's payments are not being increased. We do not pause on this difference, however, because if § 1329 were to require a change in circumstances, it would be required for all modifications not just increases in the monthly payments.
The same analysis negates the bankruptcy court decisions cited by Witkowski. To find some rationale for requiring a change in circumstance, some of the bankruptcy courts relied on the legislative history of § 1329. In re Perkins, 111 B.R. 671, 673 (Bankr. M.D.Tenn. 1990). See, e.g., In re Moseley, 74 B.R. 791 (Bankr.C.D.Cal. 1987). Such reliance goes beyond the plain meaning of the statute. "Legislative history helps us learn what Congress meant by what it said, but it is not a source of legal rules competing with those found in the U.S. Code." Matter of Sinclair, 870 F.2d 1340, 1344 (7th Cir. 1989). The Code, in this instance § 1329, does not require any threshold requirement for a modification and we will not use the legislative history to create a rule where none exists. See id.
The varying threshold standards adopted in the bankruptcy court decisions further underscore the need to apply the statutory language when it is clear and unambiguous. "[T]he various approaches to postconfirmation modification of chapter 13 bankruptcy plans are obscured in rhetoric, resulting in contradictory judicial approaches to postconfirmation modification of chapter 13 plans." Harry L. Deffebach, Postconfirmation Modification of Chapter 13 Plans: A Sheep in Wolf's Clothing, 9 Bank.Dev.J. 153 (1992). Such confusion illustrates the need to use the plain language of the statute, rather than a judicially created standard derived from legislative history.
The same confusion revolves around § 1229 which allows modifications of chapter 12 bankruptcy plans. (Chapter 12 applies to family farm businesses.) See, e.g., In re Larson, 122 B.R. 417 (Bankr.D.Idaho 1991); In re Martin, 130 B.R. 951 (Bankr.N.D.Iowa 1991); Matter of Grogg Farms, Inc., 91 B.R. 482 (Bankr.N.D.Ind. 1988).
2. Res Judicata.
Witkowski also asserts that the common law doctrine of res judicata prevents modification of an approved bankruptcy plan unless the movant demonstrates a change in circumstances. In re Arnold, 869 F.2d 240, supports this proposition. In Arnold, the Fourth Circuit concluded that "the doctrine of res judicata bars an increase in the amount of monthly payments only where there have been no unanticipated, substantial changes in the debtor's financial situation." Id. at 243. Other bankruptcy courts have also found that the doctrine of res judicata applies to § 1329 and thus bars modifications without a showing of a change in circumstance. See In re Bereolos, 126 B.R. 313, 325 (Bankr.N.D.Ind. 1990), for a listing of cases applying res judicata to § 1329 modifications.
"Under res judicata, a final judgment on the merits bars further claims by parties or their privies based on the same cause of action." Montana v. United States, 440 U.S. 147, 152, 99 S.Ct. 970, 973, 59 L.Ed.2d 210 (1978). The common-law principle of res judicata, however, does not apply "`when a statutory purpose to the contrary is evident.'" Astoria Federal Sav. and Loan Ass'n v. Solimino, 501 U.S. 104, ___, 111 S.Ct. 2166, 2170, 115 L.Ed.2d 96 (1991), quoting Isbrandtsen Co. v. Johnson, 343 U.S. 779, 783, 72 S.Ct. 1011, 1014, 96 L.Ed. 1294 (1952). Congress need not state precisely any intention to overcome the application of res judicata. Id. Rather, if the plain language of the statute makes it clear that res judicata does not apply, it is sufficient. For example, in Astoria the Supreme Court held that the statutory scheme of the Age Discrimination in Employment Act of 1967 implies that federal courts should not apply doctrines of preclusion to state administrative findings. The Court reasoned that while the statute did not expressly state that state administrative findings are not preclusive, Sections 14(b) and 7(d)(2) of the Act make it clear that principles of preclusion do not apply. Section 14(b) provides that if a State has its own age-discrimination law, a federal Age Act plaintiff must pursue his claim with the responsible state authorities before filing in federal court. Section 7(d)(2) provides the deadline for filing Age Act claims after the termination of state proceedings. The court held that "[b]oth provisions plainly assume the possibility of federal consideration after state agencies have finished theirs." Id., 501 at ___, 111 S.Ct. at 2171. Accordingly, the Supreme Court concluded that state administrative findings are not preclusive.
Similarly, the statutory framework of the Bankruptcy Code plainly assumes the possibility of modifications of bankruptcy plans after they are confirmed. Section 1327 of the bankruptcy code provides that "the provisions of a confirmed plan bind the debtor and each creditor, whether or not the claim of such creditor is provided for by the plan, and whether or not such creditor has objected to, has accepted, or has rejected the plan." § 1327. Congress, however, also provided a mechanism to change the binding effect of § 1327 when it passed § 1329 to allow for modifications. "If the drafters of the Bankruptcy Code intended for a confirmation hearing to have res judicata effect, there would be little or no reason for Section 1329." In re Williams, 108 B.R. 119, 123 (Bankr. N.D.Miss. 1989). Moreover, Congress could have specifically imposed a precondition to a § 1329 modification, but it did not do so. In fact, where it deemed appropriate, Congress has specifically provided a "change in circumstance" prerequisite under another provision makes of the Bankruptcy Code. § 1328(b). See In re Phelps, 149 B.R. 534, 538 (Bankr.N.D.Ill. 1993); In re Powers, 140 B.R. 476, 479 n. 3 (Bankr.N.D.Ill. 1992). This provision makes it clear that Congress did not intend the common law doctrine of res judicata to apply to § 1329 modifications. Accordingly, we disagree with Arnold.
This opinion has been circulated pursuant to Circuit Rule 40(f) among the judges of this court in regular active service. No judge favored a rehearing en banc on the question of a conflict with In re Arnold, 869 F.2d 240 (4th Cir. 1989).
Witkowski argues that without application of res judicata bankruptcy courts will be inundated with motions to modify resulting in a great instability of both the plan and the creditor's position. Some courts may have reacted to this concern to justify imposing a restriction on § 1329 motions. In re Algee, 142 B.R. 576, 580 (Bankr.D.C. 1992); In re Stage, 79 B.R. 487, 488 (Bankr.S.D.Cal. 1987). Even if there were some justification for concern, courts cannot re-write statutes. Judges do not "have free rein to impose rules of preclusion, as a matter of policy, when the interpretation of a statute is at hand." Astoria, 501 U.S. at ___, 111 S.Ct. at 2169. Nevertheless, the concern for "inundation" and "instability" is unfounded.
First, modifications under § 1329 are not limitless as implied by Witkowski and the cases he cites. Rather, by the express terms of the statute, modifications are only allowed in three limited circumstances to: "(1) increase or reduce the amount of the payments on claims of a particular class provided for by the plan; (2) extend or reduce the time for such payments; (3) alter the amount of the distribution to a creditor whose claim is provided for by the plan to the extent necessary to take account of any payment of such claim other than under the plan." § 1329(a). A modified plan is also only available if §§ 1322(a), 1322(b), 1325(a) and 1323(c) of the bankruptcy code are met. § 1329(b)(1); In re Davis, 34 B.R. 319, 320 (Bankr.E.D.Va. 1983). See In re Perkins, 111 B.R. 671, 673 (Bankr.M.D.Tenn. 1990) (the bankruptcy court refused to modify the plan because it did not satisfy 11 U.S.C. § 1325(a)(6)).
A further limit to meaningless motions comes under Section 1325(a)(3), which requires that the plan be proposed in good faith. For example, lack of good faith can be shown by manipulation of code provisions. In re Goeb, 675 F.2d 1386 (9th Cir. 1982). In In re McNulty, 142 B.R. 106, 110 (Bankr. D.N.J. 1992), the court denied modification finding that the modified plan had not been proposed in good faith. Moreover, all proposed modifications need not be approved and in practice not all modifications are approved. West v. Costen, 826 F.2d 1376, 1379 (4th Cir. 1987) (bankruptcy court denied a creditor's petition for modification.).
In sum, the clear and unambiguous language of § 1329 negates any threshold change in circumstances requirement and clearly demonstrates that the doctrine of res judicata does not apply. This is not to say that in determining whether to modify a bankruptcy plan, the bankruptcy court may not consider whether a change in circumstances occurred; but, § 1329 and the doctrine of res judicata do not require a minimal showing of change in circumstances. Accord In re Powers, 140 B.R. 476, 478 (Bankr. N.D.Ill. 1992); In re Perkins, 111 B.R. 671, 673 (Bankr.M.D.Tenn. 1990). See, e.g., In re Larson, 122 B.R. 417, 420 (no minimal showing to modify a Chapter 12 bankruptcy plan).
B. Modification of "Percentage Plan" to a "Pot Plan"
Witkowski further claims that the bankruptcy court could not modify the bankruptcy plan to change the approved "percentage plan" to a "pot plan." This presents the question of when a modification is appropriate. "Section 1329(a) does not explicitly state what justifies a modification. . . ." In re Arnold, 869 F.2d 240, 241 (4th Cir. 1989). See also, In re Fitak, 92 B.R. 243, 248 (Bankr.S.D.Ohio 1988) ("Section 1329(a) provides little, if any guidance as to the standard to be applied by a bankruptcy court in determining whether a request for a post-confirmation modification of a Chapter 13 plan should be granted."). Rather, § 1329(a) is phrased in the permissive language — "the plan may be modified." See Hawkins v. Landmark Finance Co., 727 F.2d 324, 326 (4th Cir. 1984) (finding that Section 350(b) of the bankruptcy code which provided that "[a] case may be reopened" is permissive) followed in Matter of Shondel, 950 F.2d 1301, 1304 (7th Cir. 1991). Because modification under § 1329 is discretionary, our review is limited to a determination of whether the district court abused its discretion in modifying the plan. Hawkins, 727 F.2d at 326-27; Shondel, 950 F.2d at 1304.
The question then is whether the bankruptcy court abused its discretion by modifying the bankruptcy plan to provide a 19% return to unsecured creditors over the originally estimated 47 months. In granting the modification, the bankruptcy court first noted that the bankruptcy code anticipated a "pot plan." In other words, the court expected a debtor to contribute a certain amount or "pot" of money which would be distributed to creditors. The court then reasoned that the proposed modification was necessary to properly disburse this "pot" to the creditors. "This court will not set aside a trial court's discretionary order unless it is clear that no reasonable person could concur in the trial court's assessment of the issue under consideration." Patterson v. Coca-Cola Bottling Co., 852 F.2d 280, 283 (7th Cir. 1988). We cannot say that the bankruptcy court's assessment of the situation was unreasonable. See In re Casper, 153 B.R. 544 (Bankr. N.D.Ill. 1993); In re Bostwick, 127 B.R. 419, 420 (Bankr.N.D.Ill. 1991).
Witkowski also argues that the bankruptcy court erred in finding that the bankruptcy code favors "pot plans" over "percentage plan" and, therefore, its rationale for modification is inappropriate. We disagree and note that approval of a percentage plan in the first instance is troubling. Section 1322 of the Bankruptcy Code requires the debtor to provide all disposable income to the plan for three years, five years if cause exists, if a creditor objects to the plan. Disposable income is income not reasonably necessary for the maintenance or support of the debtor or a dependent of the debtor. § 1325(b)(2)(A). A percentage plan, by its very nature, does not seem to constitute a plan by which the debtor will contribute all disposable income to the plan because the debtor may retain a portion of disposable income if fewer than anticipated claims are filed. Rather, to fulfill the disposable income requirement, it would seem that any surplus of funds must be funneled into the plan, not returned to the debtor.
Similarly, approval of a "percentage plan" may not comply with Section 1325(a) of the bankruptcy code, which requires the debtor to propose a plan in good faith. In determining whether good faith exists the court considers, among other things, whether the plan demonstrates a "fundamental fairness to creditors." In Matter of Smith, 848 F.2d 813, 817 (7th Cir. 1988). A bankruptcy plan which allows a debtor to retain a windfall created when unsecured creditors fail to file claims does not seem to treat creditors with fundamental fairness. Thus, a percentage plan may also lack the essential good faith.
The validity of percentage plans, however, is not before us today. We merely note the potential problems such plans have with the "disposable income" and "good faith" requirements of the bankruptcy code to refute Witkowski's claim that the district court abused its discretion in finding that the code favors "pot plans" over "percentage plans." This discussion further serves to highlight the propriety of the bankruptcy court's modification of Witkowski's "percentage plan" to a "pot plan."
C. Cause Requirement
As we have determined, a modification of a plan under § 1329 does not require any minimal showing of a change in circumstance. Nor does it prevent modification of a "percentage plan" to a "pot plan." Any modification, however, must meet all of the requirements of § 1329 including the conditions set out in Sections 1322, 1323, and 1325. Witkowski claims that his bankruptcy plan as modified failed to satisfy § 1329(c). Witkowski does not challenge the fulfillment of the other requirements. Accordingly, we need only consider whether the plan satisfies the "cause" requirement under § 1329(c). Section 1329(c) provides that:
A plan modified under this section may not provide for payments over a period that expires after three years after the time that the first payment under the original confirmed plan was due, unless the court, for cause, approves a longer period, but the court may not approve a period that expires after five years after such time.
Under the modified plan, Witkowski was to continue making payments for the original 47 month term. Accordingly, § 1329(c) required the bankruptcy court to determine whether cause existed for the plan to exceed three years. The bankruptcy court concluded that cause existed for the plan to exceed 36 months so Witkowski could provide a meaningful dividend to general unsecured creditors. Whether cause existed for the plan to exceed three years is a question of fact which we review under the clearly erroneous standard. Rule 8013. See, e.g., In re Shondel, 950 F.2d 1301, 1304 (7th Cir. 1991) (whether particular facts support the reopening of a case under Section 350 of the bankruptcy code is a question of fact). "A strong presumption exists in favor of the trial court's findings of fact, . . ." 9 Collier on Bankruptcy ¶ 8013.03 at 8013-5, citing Crews v. Cloncs, 432 F.2d 1259 (7th Cir. 1970). Given that the only modification sought was an increase in the percentage paid unsecured creditors while leaving the other terms unchanged, we conclude that the bankruptcy court was not clearly erroneous in finding that cause existed for the payments to exceed 36 months.
Witkowski argues in rebuttal that the bankruptcy court did not make a finding of cause at the modification hearing. Rather, he claims, the bankruptcy court merely concluded that since cause existed at the confirmation hearing cause also existed at the modification hearing. Notwithstanding Witkowski's contentions to the contrary, a review of the transcript from the modification hearing demonstrates that the bankruptcy court found cause to approve the modified plan with a 47 month term. During the hearing, Witkowski asked the court to define the cause. After determining that the original cause was to provide a meaningful payment to general unsecured creditors, the court reasoned that the same "cause" existed to support approval of a modified plan of the same duration as the original plan. That the court actually considered whether cause existed is clear from the court's statement that nothing set 10% as the minimal percentage required to provide a meaningful dividend. This discussion demonstrates that the court was considering whether the same "cause" could maintain a 47-month term when the dividend would increase to 19%. Accordingly, we reject Witkowski's claim that the bankruptcy court failed to make a finding of cause. In this situation the only modification was an increase in the percentage paid to unsecured creditors. The debtor paid the same amount of money and made the same number of payments. Even had the bankruptcy court not made a specific finding of cause, it would seem obvious that in this case avoiding an additional windfall to the debtor would constitute sufficient cause to maintain the original 47 month plan. See Casper, 153 B.R. at 545, quoting In re Casper, 89 B 21395, slip op. at 4 (Bankr.N.D.Ill. August 7, 1992) ("The Court will not allow the Debtors to receive a windfall due to an unanticipated change in the Debtor's ability to pay their creditors.").
The trustee responds by asserting that since the length of the plan was not being modified no additional finding of cause was required. The plain language of § 1329(c), however, clearly requires a bankruptcy court to make a determination that cause exists for the modified plan to exceed three years.
We also note that it was permissible for the bankruptcy court to consider the "cause" which existed for the original confirmed plan to exceed 36 months; § 1329 does not prohibit a bankruptcy court from considering a prior determination of cause.
III. Conclusion
Section 1329 does not require any threshold requirement for a creditor, debtor or trustee to seek modification of an approved bankruptcy plan. The common law doctrine of res judicata also does not impose any minimal showing of a "change in circumstance." Rather, a creditor, debtor or trustee has the absolute right to seek modification of a bankruptcy plan after its confirmation but before completion of the plan payments. Whether the modification will be granted is within the bankruptcy court's discretion. It is not an abuse of that discretion to modify an approved "percentage plan" thereby changing it to a "pot plan." the bankruptcy court also did not clearly err in finding that cause existed for the modified plan to exceed 36 months. For these and the forgoing reasons, we
AFFIRM.
holding that "the clear and unambiguous language of § 1329 negates any threshold change in circumstances requirement and clearly demonstrates that the doctrine of res judicata does not apply"
Summary of this case from In re Gresham
holding no showing of substantial and unanticipated financial change is required
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holding that § 1329, by its terms, does not provide for any threshold requirement to modify a bankruptcy plan
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holding that neither § 1329 nor the doctrine of res judicata require the movant to show a change in circumstances prior to modification
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In Matter of Witkowski, 16 F.3d 739, 746 (7th Cir. 1994), in deciding that a change in circumstances is not a threshold requirement for a § 1329 motion, the Seventh Circuit made it clear that a bankruptcy judge, in deciding such a motion, can consider whether circumstances had in fact changed.
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Woodpecker.co allows users to find organizations that have supported someone they know. Woodpecker.co is based on the principle that organizations like to share stories of how they impact their customers, employees, and communities, but often do not have a good way to do it. Woodpecker.co was specifically created to help organizations with this issue.
The website allows users to search for organizations that support causes that are important to them. For example, users can search for organizations that donate to specific charities or support military families. Once they have made a search, they can then browse through all of the organizations that have been identified as being relevant to their search. They can then read stories about those organizations, the people they serve, and the impact they make.
In addition to helping users find organizations that support causes that are important to them, Woodpecker.co is also designed to help organizations communicate their cause better. Woodpecker.co allows organizations to share their stories with users on their social media accounts and email accounts. Organizations can also pay a fee in order to have their stories appear at the top of searches done by users.
ServiceNow is a cloud-based service management platform that focuses on automating IT service desk and IT service management processes. The platform allows users to integrate IT operations into the business through a centralized system with on-demand self-service and automated workflows. It helps users automate IT operations, improve customer satisfaction and deliver exceptional service experience across any device or channel.
The platform comes with a cplection of software applications that help with the automation of IT functions and processes. For example, ServiceNow includes a ticketing system called Service Management Automation (SMA. that allows users to create and manage tickets, track issue status, and automate incident respution without manual intervention. ServiceNow also includes an analytics application called Predictive Analytics Machine (PAM. that provides high-level views of the data cplected from SMA in order to identify actionable trends related to IT performance and business events. Another application included in ServiceNow is Knowledge Management Automation (KMA. which is designed to capture knowledge about IT incidents and resputions in order to help other employees respve similar issues faster in the future. The KMA application also provides access to knowledge articles so that users can learn more about how issues should be respved. The final application included in ServiceNow is Business Process Automation (BPA. which helps companies automate business processes relating to IT service delivery such as managing change requests or managing security incidents. Companies can use BPA to automate the entire process or to provide automated reminders during certain stages of the process or both. For example, companies can use BPA to generate notification emails when someone submits a change request or when it is time for an employee who is responsible for implementing a change request to take an action such as sending a confirmation email or approving it. In addition, BPA can be used to create automated notifications at certain stages of a business process such as sending out reminders when a change request needs approval from someone who has not responded within a set period of time or when it is time for someone who is responsible for implementing a change request to verify that the change has been completed successfully.
There are many benefits for integrating Woodpecker.co into ServiceNow's services management platform including cost savings, increased customer satisfaction, improved employee productivity, and better employee retention rates among others. First, there would be cost savings associated with integrating Woodpecker.co into ServiceNow's services management platform because it would allow organizations such as corporate offices of retail chains to save money by outsourcing some of their services instead of paying employees overtime wages in order to perform those services themselves. For example, managers at retail chains may want employees from corporate offices in different cities to be able to access customer service information about products spd at its stores in those cities without having to travel there in person. Corporate offices can use Woodpecker.co in order to provide that information through its social media accounts and email alerts instead of having employees travel there in person which would result in overtime costs for companies which would otherwise not have occurred had Woodpecker.co been integrated into ServiceNow's services management platform. In addition, integrating Woodpecker.co into ServiceNow's services management platform could result in improved customer satisfaction levels because users could read more detailed descriptions about what organizations do when they donate money or donate products instead of just seeing posts on social media accounts such as Facebook or Twitter without any additional details about what the organization does or how it makes an impact on people's lives for example. Better customer satisfaction levels could result in better sales because it could increase customer loyalty which in turn could result in increased repeat sales since customers will already be familiar with and trust the brand when they decide to purchase more products or services from it in the future rather than having to rely on recommendations from others such as friends and family members who have purchased products from them in the past which could increase the chances that they will recommend purchasing products from the company whenever friends or family members ask them about where they should go buy something in the future because they already know that the company provides quality products at reasonable prices which may result in repeat purchases and better sales overall if repeat purchases occur frequently enough over a long enough period of time for it to be considered statistically relevant. In addition, integrating Woodpecker.co into ServiceNow's services management platform could result in improved employee productivity because employees who come across information about organizations while searching for information about them using Woodpecker.co may not have otherwise come across those organizations even though they may have wanted to learn more about them especially if they did not recognize them from previous searches through other channels such as social media accounts or search engines which may have resulted in user frustration because they were unable to find information about organizations they were looking for which may have resulted in decreased employee productivity because searching for information about those organizations using other means such as social media accounts or search engines may have required more time than simply logging onto Woodpecker.co while performing other tasks instead of searching for them using other means which could have negatively impacted employee morale if they felt like there was nothing else they could do in order to respve their problem except wait until someone else found information about the organization on social media accounts or on search engines instead of potentially turning up empty handed as a direct result of not knowing that Woodpecker.co existed which may have resulted in decreased employee morale due to feeling as if there was nothing else they could do but wait patiently until someone else found information about the organization using other means instead of searching directly for it using other means themselves which could have resulted in decreased productivity during periods leading up to when someone else finally found information about the organization using other means such as social media accounts or search engines since employees would feel like there was nothing else they could do aside from waiting patiently until someone else found information about the organization using other means instead of finding information about it themselves which could have led to decreased morale among employees if they felt like there was nothing else they could do but wait patiently until someone else found information about the organization using other means instead of searching directly for it using other means themselves which could have resulted in reduced productivity at work throughout the day since employees would feel like there was nothing else they could do aside from waiting patiently until someone else found information about the organization using other means instead of searching directly for it using other means themselves because they did not know that Woodpecker.co existed at all while searching for information about it while performing other tasks instead of getting frustrated by constantly being distracted by frequent visits to social media accounts or by relying on search engines which could have resulted in decreased morale among employees due to feeling as if there was nothing else they could do but wait patiently until someone else found information about the organization using other means instead of searching directly for it using other means themselves which could have resulted in decreased employee productivity because employees would feel frustrated by constantly being distracted by frequent visits to social media accounts or by relying on search engines such as Google instead of being able to focus spely on performing their regular job responsibilities without interruption which could lead them wanting to leave their job after becoming frustrated by frequent visits to social media accounts or by relying on search engines such as Google instead of being able
The process to integrate Woodpecker.co and ServiceNow may seem complicated and intimidating. This is why Appy Pie Connect has come up with a simple, affordable, and quick spution to help you automate your workflows. Click on the button below to begin.
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Found 1 collection related to Dudley, E. Lawrence (Edward Lawrence), 1879-
Arliss, George, 1868-1946
Letters to E. Lawrence Dudley, 1917-1927
25 letters (1 portfolio)
George Arliss (1868-1946), English stage and screen actor, was best known for portraying historical figures such as British Prime Minister Benjamin Disraeli, Alexander Hamilton, Cardinal Richelieu, and French author Voltaire. Following Arliss'... more
George Arliss (1868-1946), English stage and screen actor, was best known for portraying historical figures such as British Prime Minister Benjamin Disraeli, Alexander Hamilton, Cardinal Richelieu, and French author Voltaire. Following Arliss' success with the stage version of Louis Napoleon Parker's DISRAELI (1911), authors E. Lawrence Dudley and George Gibbs attempted to fashion a similar vehicle based on the life of Voltaire, but the project ran into difficulties, eventually causing a rift between the collaborators, and the play was never staged. More than a decade later, after Arliss won a Best Actor Oscar for the film version of DISRAELI (1929), Dudley and Gibbs contributed to the screenplay of the Warner Brothers' film version of VOLTAIRE (1933). Consists of 23 handwritten letters from George Arliss to E. Lawrence Dudley, 1 note from Arliss to George Gibbs, and 1 undated Christmas card from Mr. and Mrs. Arliss. Arliss' unhappiness with Dudley and Gibbs' work on their script for the play VOLTAIRE becomes clear in the course of the correspondence, and the primary reasons for his eventual break with his collaborators is laid out in a long and heated letter of Oct. 22, 1920. less


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Berkeley mortuary gets a new owner — and another shot at historic preservation
The Olinger Moore Howard Chapel mortuary, Berkeley, July 10, 2019. (Kevin J. Beaty/Denverite)
Esteban L. Hernandez
A mortuary in Berkeley at the center of a preservation fight won't be demolished after its new owner has agreed to save it.
Historic Berkeley Regis, a historic-preservation group that fought to maintain the mortuary, said in a release on Thursday the Olinger Moore Howard Chapel at 4345 West 46th Ave. has been sold to GM Development of Denver. The new owners intend to apply for landmark status for the funeral home, which was previously owned by SCI Colorado Funeral Services. SCI originally wanted to sell the land to a developer that would have built townhomes.
Last year, the funeral home received a unanimous recommendation for preservation from the city's Landmark Preservation Commission, going against the owner's wishes in a fight that mirrored the potential Tom's Diner demolition.
Historic Berkeley Regis wants the building to be repurposed, and it already has a new tenant: Beginning in March, Redemption Church Denver will be housed there. The release said additional space is available in the structure, which was built in 1960 and was designed by local architect J. Roger Musick
The property sold for $4.5 million, according to Historic Berkeley Regis spokesperson Bill Killam. Property records show the plot was assessed at $2 million.
"We think it's a win-win-win," Killam said. "It's keeping that corner from heading the way the rest of Tennyson is heading."


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The Current Sauce
Northwestern State University's student newspaper since 1914
NewsFrom breaking news to politics, previews and post-coverage, we have you covered for keeping up with all things NSU.
FeatureRead character profiles, first-person essays, historic features and more.
Arts & LivingRead about the arts and entertainment at NSU and in the greater community.
SportsWe bring you weekly sports news at NSU including Demons game recaps, athlete and coach profiles, intramural and club sports.
ViewpointsStudent submissions and editorials relevant to the NSU community appear in this public forum for students' exclusive use.
Demon Debates
'Lost Paradise': A hybrid made in Eden
By: Anthony Renteria
In: Arts & Living
"Fist of the North Star: Lost Paradise," designed by Ryu Ga Gotoku Studios, is like a hybrid of Mad Max, Bruce Lee, and 80s action movies. The Magna-inspired video game is the sixth entry of the Yakuza game series.
While many other developers have based games off the series, "Lost Paradise" is perfect for the studio.
The story of Lost Paradise is based on the first part of the manga of the same name, and follows a man named Kenshiro in a post-apocalyptic world. Yuria, his lover, is kidnapped by one of his rivals, and most of the game is finding out where she is.
You don't need to know anything about the series to enjoy the game. Unfortunately, the first 3 chapters starts off slow due to the story taking center stage. While the story is engaging, not much goes on gameplay wise as you are forced along linear battles with an abundance of cutscenes.
Around chapter 5, you have freedom to explore the world and perform side missions. The exploring is divided into two sections, the City of Eden and the Wasteland.
When traveling in the city you have to go on foot. In the Wasteland, travel can be done using a Jeep. Both areas provide a lot of minigames, including: bartending, being a musical doctor, running a hostess club and playing "biker baseball."
The games combat is a perfect hybrid of the Yakuza's series and the Manga. When battling enemies, you can use the special power of "Hokuto Shinken" to take them out.
The gameplay is similar to other Yakuza games, but not entirely. The "Fist of the North Star" series is well known for its gore and "Lost Paradise" doesn't hold back on it. You can tone down the amount of violence to "Mild" setting if it gets too much to handle.
The game uses the same engine as "Yakuza 0" and looks serviceable for a Play Station 4 game. While character design looks perfect to the manga, not much is being used to take advantage of the hardware that isn't just numerous enemy encounters. The game runs at 60 frames-per-second with no problems, so it still works out.
Despite the issues, "Lost Paradise" is still a ridiculously fun game and was right up the developer's alley. It perfectly captures the serious dark tone of the series, while injecting the fun aspects that Yakuza is known for.
The combat is cathartic, the side-content is numerous, and it's one of the sleeper hits of this year.
I highly recommend it to longtime fans of the series and newcomers alike.
Oct 10, 2018 Anthony Renteria
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You know what? I love numbers. I think this is why I love technology so much, specs, GHz, core clocks, frame rates, power consumption, I could go on forever. Social networking site, Facebook, have released their energy usage report for the year of 2011, with some interesting details.
Facebook's total annual carbon footprint for each monthly active Facebook user is 269 grams. Facebook have put this into context in the report as detailing that for one person's Facebook use for the entire of 2011, had roughly the same carbon footprint as one medium latte, or three large bananas, or a couple of glasses of wine. I'll take the latter, thanks.
Facebook's total energy usage from office space, data centers, and other facilities was approximately 532 million kWh. Greenhouse gas emissions, also known as our carbon footprint, comes from many different areas: data centers, office space, employee commuting, employee air travel, data center construction and server transportation totaled approximately 285,000 metric tonnes of CO2e (carbon dioxide equivalent, which includes greenhouse gases CO2, CH4, N2O, and HFCs).
One of the more interesting numbers is Facebook's energy mix being 23-percent clean and renewable, 27-percent coal, 17-percent natural gas, 13-percent nuclear, and 20-percent uncategorized. The uncategorized 20-percent is energy that is purchased by utilities on the spot market and can include any, or all of the other categories. Facebook still wants to reduce their impact on the world in terms of their carbon footprint, with their Sweden-based data center, Lulea, coming online in 2014.
Facebook expect to see an increased presence of clean and renewable sources powering their data center operations. The social network have set a company goal to derive at least 25-percent of their energy mix from clean and renewable sources by 2015.


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ma9596997
On The Borders Have Generated
Azov sniper Mikael Skillt . In fact, the Misanthropic Division, a unit of Western neo-Nazis fighting alongside Azov, is now posting ads on whatsapp phone number list Telegram urging European militants to join the flow of volunteers and connect with them in Ukraine "for victory and for Valhalla." Like those of other far-right Ukrainian militias, the whatsapp phone number list Azov are tenacious, disciplined and committed fighters, and this is why the weak Ukrainian state has been forced to rely on their strength in times of greatest need. During the whatsapp phone number list Maidan Revolution, during the war against the separatists from 2014 and now to defend against the Russian invasion .
Abroad, there has been whatsapp phone number list some reluctance to speak frankly about his role, no doubt for fear that doing so would provide ammunition for Russian propaganda. Surely this fear is inappropriate: after all, groups whatsapp phone number list like Azov only gained notoriety precisely because ofRussia's intervention in Ukraine. Instead of denazifying the country, Russian aggression has helped solidify the role and presence of far-right factions in the Ukrainian military, reinvigorating a declining political force rejected whatsapp phone number list by the overwhelming majority of Ukrainians. In any case, the main threat posed by groups like Azov is not directed against the Russian state – after all, Russia is happy to support far-right elements in its.
Wagner Group of whatsapp phone number list mercenaries and in the breakaway republics – nor against the nations Westerners whose disgruntled citizens may be drawn to fight alongside them. Instead, they are a threat to the future stability of the Ukrainian state itself, as Amnesty International and Human Rights Watch have long warned. While they whatsapp phone number list may be useful today, in case the liberal government in Ukraine is beheaded or evacuated from kyiv, perhaps to Poland or Lviv, or more likely, in case whatsapp phone number list Zelensky
Falcoholinks: All the Falcons information on your own have to have for Monday, Sept. 27
While 2K Games have changed the shooting


Having already published our blog on 'how to pass your theory test', as promised we're now going to show you our best tips, tricks and techniques to minimising your insurance costs! This blog is going to really help new drivers and particularly young drivers facing the outrageous prices of insurance.
Whether you are thinking about buying a new car, have just passed your test or your insurance policy is due for renewal, car insurance can appear to be very startling. So we at Prestige have created our top tips and strategies to minimise these costs bringing your policy down to a much more reasonable and affordable price.
Money Supermarket – having done mass amounts of research online this has proven to be the most effective and cheapest comparison site.
Go Compare – like Money Supermarket, Go Compare is another comparison site definitely worth looking at.
Ingenie – specialising in car insurance for young drivers, Ingenie are a great place to gain insurance quotes from if you are under 25.
Admiral – offer a one-policy agreement amongst multiple drivers bringing insurance costs down but still enabling each individual driver to gain no claims bonuses and personal responsibility. If you have parents, friends or know any willing drivers with good no claims bonuses and driving experience then they can really help lower your insurance costs.
List a female driver with 5-10+ years driving experience on your policy – surprisingly having an additional person covered will bring your quote down in this instance.
Select the most secure options for your car – there will be various questions in your quote regarding the security of your vehicle. Opt if applicable for the safest options, this will reduce your quote.
Be cautious when calculating your annual mileage – on average 8000 miles is a good, safe option although be realistic and add a small extra to be on the safe side.
Don't opt for high voluntary excess – despite contrary to belief don't opt for high voluntary excess as this actually makes your insurance more costly, aim for an optional excess of around £250.
Be cautions of hidden terms and conditions – many policies have hidden terms and conditions for example a curfew to your policy.
Have a play around with you policy settings – each and every quote will be different and tweaking your settings alters this.
Luckily we at Prestige can offer you our full help and assistance in choosing the perfect car for you! Get in contact with us and we can begin the process to finding your perfect, affordable and reliable vehicle.
Age of the vehicle – newer vehicles particularly within the last 8-10 years are going to be much cheaper to insure than older vehicles.
Vehicle brand/model – picking the right brand and model of your car is going to certainly effect your policy. In co-operation with you and your budget we can help chose the perfect car for you linking to your price range for both the car and its insurance. Simply, the more expensive the car the higher the insurance.
Get in contact if you need any help choosing your car!


If you're a company officer or a command-level officer, you know the job is all about decision-making.
The trick, of course, is to make good, defensible decisions in a big hurry at a chaotic scene.
This show's guest has some ideas that could help you make the right decisions under pressure.
Nick Salameh is a 36-year veteran of the fire service. Thirty-one of those years were spent with the Arlington County, Virginia, Fire Department.
He was a Fire/EMS Captain II and served as Training Program Manager.
He's also a former Chair of the Northern Virginia Fire Departments Training Committee.
A firemark was a metal label placed on the front of buildings back in the early days of firefighting. It identified what company insured the structure, allegedly so fire brigades paid by competing insurance companies would not waste their time putting out a fire there.
After all, a guy's gotta get paid, right?


Kandy is the "second city" of Sri Lanka, and considered as the cultural capital. Kandy is a major pilgrimage site for Sri Lankan's and buddhists around the world as it's home of the Temple of the Sacred Tooth Relic. As the name would suggest, it houses a tooth of the Buddha.
The city itself is rather unremarkable, but it's pleasant enough if you are staying near the lake. The highlight for me were the trees. There are some beautiful old trees in the city, and especially around the lake. The lake is 3.4km around which is an ideal length for an evening stroll.
Kandy hotels – Search for discount hotels in Kandy.
Kandy in the spotlight: war behind it, Sri Lanka's second city sees a tourist boom – theguardian.com.
Kandy photo gallery – Photo gallery of my visit to Kandy.


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Q: Replacing a string with underscore character in GNU Make We are facing a slightly weird problem in GNU Make.
In one of the part Makefile, we try to modify a string in order to get right filename.
So "dummy_1_.pl" is to converted to "dummy_1.pl".
We tried to use following way :-
MY_STRING := dummy_1_.pl
UNDPL := _.pl
DPL := .pl

$(subst $(UNDPL), $(DPL), $(MY_STRING) )

Surprisingly it doesn't work. We can replace ".", "pl", ".pl" etc all this way. However just "" or "." or "_.pl" etc replacement strings starting with an underscore doesn't seem to work.
Is underscore a special character in Make. Are we missing something basic here... We are at GNU Make 3.81
Any help/thought is highly appreciated. Thanks in advance!.

EDIT :-
The problem was posted in short for focused discussion. It seems, the details are necessary. This applies to a pattern rule as below.  There's a OUT_V_FILES target that contains *blah_cpu.v *foo_gpu.v etc various target files. (The special string "cpu", "gpu" etc are part of a list.) We want to derive blah.pl, foo.pl respectively as input file for the rule.
DEVICES := cpu gpu memc dram

MY_STRING := $$(foreach dev,$(DEVICES),$$(subst $$(dev),$(NOTHING),$$(notdir %.pl)))
NOTHING :=
UDOT := _.
DOT := .

$(OUT_V_FILES) : %.v : $(subst $(UDOT),$(DOT),S(MY_STRING)) Makefile
      #Body of rule+++++++++

A: There are two problems here.  1) you never assign the result of the $(subst ... invocation and 2) you have to be aware that whitespace is significant within the context of string manipulation functions.  With that in mind your makefile code should be something like...
MY_STRING := $(subst $(UNDPL),$(DPL),$(MY_STRING))

A: In your updated example, it looks like you have some issues when setting MY_STRING.   If you correct it to have the proper filename(s), you get:
MY_STRING := $$(foreach dev,$(DEVICES),$$(subst $$(dev),$(NOTHING),$$(notdir %.pl)))
$(info 1. MY_STRING=$(MY_STRING))
MY_STRING := dummy_1_.pl
$(info 2. MY_STRING=$(MY_STRING))

NOTHING :=
UDOT := _.
DOT := .

MY_NEW_STRING=$(subst $(UDOT),$(DOT),$(MY_STRING))
$(info MY_NEW_STRING=$(MY_NEW_STRING))

gives
1. MY_STRING=$(foreach dev,cpu gpu memc,$(subst $(dev),,$(notdir %.pl)))
2. MY_STRING=dummy_1_.pl
MY_NEW_STRING=dummy_1.pl


Marketing Institute of Singapore Training Centre (MIS Training Centre) keeps track of the students' attendance daily via the Time Attendance Fingerprint (Biometric). Students are required to scan in their to register their attendance whenever they are in school or attending lessons.
Students will be eligible to sit for the end-of-semester examinations if they have achieved a minimum in-class attendance of 75% (local students).
Assessment is an essential part of the teaching process which provides an evaluation of student learning.
To provide systematic indications of the quality of learning for both teachers and students.
There are clear links between the choice of assessment, the quality of feedback and the achievements of students. It is expected that assessments will be appropriate for their purpose and that feedback will be timely and support the learning process.
Assessment methods are chosen according to the goals for student learning which must be premised on the learning outcomes considered appropriate.
A general rule of thumb is to consider what learning will be assessed and how that learning will be assessed. One method of assessment would rarely satisfy all educational objectives and the use of a variety of methods is encouraged.


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Anna von Braunschweig ist der Name folgender Personen:

 Anna von Braunschweig (um 1390–1432), durch Heirat Herzogin von Österreich
 Anna von Braunschweig-Grubenhagen (1414–1474), Herzogin von Bayern-München
 Anna Margarete von Braunschweig-Harburg (1567–1646), Prinzessin von Braunschweig-Lüneburg-Harburg und Pröpstin im Stift Quedlinburg

 Anna Maria von Braunschweig-Calenberg-Göttingen (1532–1568), Herzogin von Preußen
 Anna Amalia von Braunschweig-Wolfenbüttel (1739–1807), Herzogin von Sachsen-Weimar und Eisenach

redpajama_set_name: RedPajamaWikipedia


Sensitivity over criticism of the monarchy has increased in recent years as the poor health of 83-year-old King Bhumibol Adulyadej has elevated concern about a smooth succession. At the same time, sharp partisan political battles in the wake of a 2006 military coup have unleashed unprecedented questioning of established institutions, including the palace.
– Extracted from Grant Peck, "Thai Webmaster Gets 13 Years in Prison", ABC News (via Associated Press), 15 March 2011.
Could it be that sensitivity over the King's health and the issue of succession is overplayed and this political upheaval would be occurring irrespectively as a result of the Thai public being more informed and experienced in the ways of their democracy? Does attributing responsibility to succession and the King's health for an increase in sensitivity over the royal institution downplay the impact of a more politically aware Thai population? Are Thais more politically aware than a decade ago?
The narrative of the naughty Prince taking over as the good King dies resulting in national chaos is too easy to play into.
I don't think that the succession issue is overplayed. I think it IS as important as it is considered to be. Most Thai's who are alive now have known no other leader. He is the focal point for the whole culture. He has provided an "identity" for the culture and acts as THE common factor that the whole of the people can agree on. There is definitely a big sense of dread about this issue. Not just because of who may be waiting in the wings, but just the fact that a big change is coming. There is a huge historical significance to the current Rama. There is a very old Thai belief that the House will reign for 9 generations, and then the country will fall into disarray. The current King is this 9th generation. Do not underestimate the significance that is placed on this. Many people believe that the current upheaval will occur precisely because it is this particular King.