Monday, August 27, 2012

Adoption Good News | Julie | The R House

Aug 26, 2012

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My How Adoption has Blessed Your Life series shares good news happening in the adoption world from all sides of the adoption triad ?or just offers a paragraph or two on how the love of adoption is blessing individuals and families.?If you?d like to participate, just?send me an email. Enjoy!

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Today?s Adoption Good News comes from Julie who is a foster and adoptive mom. She talks about the hard moments they have had AND the miracles they have experienced.

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Adoption has blessed our life in a huge, huge way! After the birth of our first son in 2009 we became licensed foster parents for our state.

Since that time we have fostered seven children ages 3 and under. We thought that adoption would come up at some point but weren?t too anxious to have any permanent newcomer. Oh, what a difference a day can make!

From the moment these little ones were in our home I did not want to let them go. However, when you sign up as a foster parent you sign up to support family reunification first. So of course that day came when I was forced to let go.

Anyone who has fostered, fell in love and handed that child back to their birth family knows that it comes with many emotions. It was hard not to be overwhelmed with that grief time and time again.

In early 2011 a little boy just over a year old showed up at our house in the afternoon. He was chubby, sleeping and oblivious to the change that had just happened in his life. The next year was full of ups and downs but also full of great joy and happiness. On April 2nd of this year we finalized Kyson?s adoption and later that week he joined our FOREVER family ? now six strong ? in the Mesa Arizona Temple.

We are grateful to have an open adoption with his birth family. We cannot imagine our lives any different and are so blessed with the path that foster care has taken us on ?especially as we are now fostering Kyson?s biological baby brother.

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Did you miss?last week?s Good News? It?s an adoptive mom giving thanks for the child she adopted 13 years ago during an F5 tornado.

Read ALL the Good News moments.

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Source: http://www.therhouse.com/adoption-good-news-julie/

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Tuesday, August 21, 2012

The key elements to any business plan

Monday, August 20th, 2012 in Nowack News & Updates, by Nowack /
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Early in my career, I worked for this great guy, Owen Mitchell. He was a little on the shorter side and he had a very strong Scottish accent. I loved that about him. His accent was very engaging to me. Anyway, one day we were talking in my office and he said, ?Josh, there are certain key elements that every business plan needs to have.? He went on to say that most plans get it wrong by packing in tons of graphs and charts that don?t say anything. A business plan needs to be able to call for direction. So Owen?s key elements are:

1- who ? are your customers
2- what ? are you going to do
3- where ? are you going to do it
4- when ? is the timeline
5- how ? are you going to do it
6- with what ? resources

Sometime later I added ? why ? are you doing it. To me ? that?s what makes the story of a brand. It?s what makes a business yours, giving it life or personality.

You can get fancier with charts and graphs but I think you?re wasting your time. If you can thoroughly answer the questions above, you are well on your towards plotting your future dreams.

Tags: Business plan, business plan writinf, simple

Source: http://www.nowackcpa.com/home/2012/08/the-key-elements-to-any-business-plan/

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Aid Your Home-based Business Air Jordan Pas Cher Thrive With ...

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Source: http://answers.apostoliccm.com/2012/08/aid-your-home-based-business-air-jordan-pas-cher-thrive-with-one-of-these-suggestions/

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Sean McKay, Senior VP of American IRA, LLC-A National Self ...

Sean McKay, Senior VP of American IRA, LLC-a national self-directed IRA provider-announces a new ?Real Estate Markets: Memphis Tennessee? webinar on August 22nd.

Sean McKay says ?Come join us for an educational webinar as we explore the Memphis real estate market and how you can invest in it using your retirement account.?

This webinar will educate individuals on the opportunity to ?Self Direct? their retirement accounts. Attendees will quickly realize that self directed IRA?s and Solo 401(k)s are an increasingly popular concept for those that want to invest in assets such as single family homes, condo?s, townhouses, and so much more!

This is a joint webinar with the President of Memphis Cashflow, Hulet Gregory. Memphis Cashflow is a real estate investment firm that will educate attendees on the Memphis market conditions and real estate investment strategies.

This will be a great opportunity to learn about Self Directed IRA?s/401k?s as well as the Memphis real estate market. Look forward to seeing everyone there!

About:

American IRA, LLC was established in 2004 by James C. Hitt in Asheville, NC.

The mission of American IRA is to provide the highest level of customer service in the self-directed retirement industry. Mr. Hitt and his team have grown the company to over $250 million in assets under administration by educating the public that their self-directed IRA account can invest in a variety of assets such as real estate, private lending, limited liability companies, precious metals and much more!

As a self-directed IRA administrator they are a neutral third party. They do not make any recommendations to any person or entity associated with investments of any type (including financial representatives, investment promoters or companies, or employees, agents or representatives associated with these firms ). They are not responsible for and are not bound by any statements, representations, warranties or agreements made by any such person or entity and do not provide any recommendation on the quality profitability or reputability of any investment, individual or company. The term ?they? refers to American IRA, located in Asheville, NC.

Source: http://www.americanira.com/2012/resources/sean-mckay-senior-vp-american-ira-llc-a-national-self-directed-ira-provider-announces-real-estate-markets-memphis-tennessee-webinar-august-22nd/

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Monday, August 20, 2012

Electrifying success in raising antioxidant levels in sweet potatoes

ScienceDaily (Aug. 20, 2012) ? Already ranked by some as number one in nutrition among all vegetables, the traditional sweet potato can be nutritionally supercharged ? literally ? with a simple, inexpensive electric current treatment that increases its content of healthful polyphenols or antioxidants by 60 percent, scientists said at a conference in Philadelphia August 20.

Their report on the first electrical enhancement of sweet potatoes, a dietary staple since prehistoric times, was part of the 244th National Meeting & Exposition of the American Chemical Society. "Many people don't realize it, but sweet potatoes are one of the world's most important food crops," said Kazunori Hironaka, Ph.D., who led the research team.

More than 95 percent of the global sweet potato crop grows in developing countries, where it is the fifth-most important food, and malnutrition is a serious problem," he said. "Our discovery offers a way to further increase the sweet potato role in relieving hunger and improving nutrition and health."

Hironaka and colleagues at the University of the Ryukyus, Nishihara, Okinawa, Japan, previously discovered that passing an electric current through white potatoes increased the polyphenol levels by 60 percent. Polyphenols are a family of chemical compounds found naturally in fruits and vegetables that may help protect people from diseases and the effects of aging.

The electric current apparently stresses the potatoes, and they produce more polyphenols as a protective measure. The team suspected that the same effect would occur with sweet potatoes, but until now, nobody had tried.

In the new study, Hironaka and colleagues used the same approach, putting sweet potatoes into a salt solution that conducts electricity, and then passing various amounts of electric current through the water and the potatoes for 5 minutes. The best results came with 0.2 amps of current, which increased antioxidant activity in the potatoes by 1.4 times and total polyphenol content by 1.6 times compared to untreated potatoes. He noted that untreated sweet potatoes already are high in antioxidants, with 7 times more polyphenols than other potatoes.

The Center for Science in the Public Interest once ranked the baked sweet potato number one in nutrition of all vegetables. With a score of 184, the sweet potato outscored the next-highest vegetable (a baked white potato) by more than 100 points. Points were given for content of dietary fiber, naturally occurring sugars and complex carbohydrates, protein, vitamins A and C, iron and calcium. Points were deducted for fat content (especially saturated fat), sodium, cholesterol, added refined sugars and caffeine.

Hironaka also noted that the electrical zapping seems to have no effect on the flavor, and that steaming is the best method of cooking to retain the most antioxidants. The electrical treatment method is inexpensive and simple enough to be used on small farms or in food distribution centers, he noted.

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The above story is reprinted from materials provided by American Chemical Society (ACS).

Note: Materials may be edited for content and length. For further information, please contact the source cited above.


Note: If no author is given, the source is cited instead.

Disclaimer: This article is not intended to provide medical advice, diagnosis or treatment. Views expressed here do not necessarily reflect those of ScienceDaily or its staff.

Source: http://feeds.sciencedaily.com/~r/sciencedaily/health_medicine/nutrition/~3/S2tu0ikH3Ps/120820152104.htm

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Indiana Tax Reporter: Fort Wayne Reimburses Income Tax Revenue ...

From the Fort Wayne Journal-Gazette:

Allen County will reimburse thousands of dollars in income tax revenue to two companies as an incentive for local investment.

The county commissioners Friday unanimously approved economic development grants with SDI/La Farga and R3 Composites as enticements for multimillion-dollar developments being made by the companies.

SDI/LaFarga is expected to invest $36 million in its facility at 1460 S. Ryan Road east of New Haven. For that development ? plus the addition of 35 jobs ? Allen County will pay the joint effort of steelmaker Steel Dynamics Inc. and copper maker La Farga $102,695 over seven years. Under the plan, it will be paid $5,726 in the first year and $17,352 in the final year.

R3 Composites will invest $4 million in new equipment at its facility at 14123 Roth Road in Grabill and add 400 jobs. For that investment, the company will be paid up to $332,332 over five years, which will be split between the county and Fort Wayne. The benefit will grow from $13,723 in the first year to $101,046 in the final year. The company makes custom molds for bathroom showers and tubs, swimming pools and shipping containers.

The city will finance 75 percent of the benefit, and the county will cover the remaining quarter.
The incentive program was created to help lure investments that included high-paying jobs to help slow the wage decline facing the area. In effect, the program offers companies a reimbursement of the local income taxes from the jobs their project is creating or retaining. For new jobs, the company is reimbursed more than for retained jobs.

The incentive paid is tied directly to how much payroll the company adds. Should companies not hire as many people as they promised, for example, they are given less of an incentive.

To be eligible for the program, a company must be considering a project in the area that will create or retain jobs. Additionally, that project must be competitive, meaning the company has other places in the nation to invest the money.

On joint city-county projects, the city picks up the larger share of the costs because it receives the larger share of income tax revenues.
...

Source: http://indianapropertytaxreporter.blogspot.com/2012/08/fort-wayne-reimburses-income-tax.html

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Myanmar government abolishes direct media censorship

YANGON (Reuters) - Myanmar abolished direct media censorship on Monday, the latest dramatic reform by its quasi-civilian regime, but journalists face other formidable restrictions including a ban on private daily newspapers and a pervasive culture of self-censorship.

Under the new rules, journalists no longer have to submit reports to state censors before publication, ending a practice strictly enforced during nearly half a century of military rule that ended in March last year.

"This is a step in the right direction and a good approach, but questions of press freedom will remain," said Aung Thu Nyein, a senior associate at the Vahu Development Institute, a Thailand-based think tank.

"We can expect the government to still try to assert some control, probably using national security to keep the media in check," he added.

Previously, every song, book, cartoon, news report and planned piece of art required approval by teams of censors rooting out political messages and criticisms of one of Asia's most repressive governments.

Changes have gathered steam since June last year when the Ministry of Information decided to allow about half of Myanmar's privately run weekly journals and monthly magazines to publish without submitting page proofs to a censorship board in advance.

On Monday, restrictions were lifted on the remaining 80 political and six religious journals, said Tint Swe, head of the press censorship board at the Ministry of Information.

Over the past year, Myanmar, also known as Burma, has introduced the most sweeping reforms in the former British colony since a 1962 military coup. A semi-civilian government, stacked with former generals, has allowed elections, eased rules on protests and freed dissidents among other changes.

Papers have since been testing the boundaries, often putting opposition leader Aung San Suu Kyi on front pages and giving coverage to government critics. Editors say this was unthinkable before the middle of last year.

REMAINING RESTRICTIONS

But while the authorities can no longer count on the same strictly controlled media that was ranked 169th of 179 nations in a global press freedom index by anti-censorship group Reporters Without Borders last year, significant restrictions remain.

Privately run daily newspapers are still not permitted, leaving a monopoly to state-run papers filled with propaganda. It was only last year that they dropped back-page banners attacking Western media for "sowing hatred".

Asked about the chance of ending a ban on private dailies, Tint Swe said: "We can say it has become closer than before. It could happen after enacting the necessary media law."

Journalists also said they still feared their reports could fall foul of various laws on the statute book, especially when covering issues deemed sensitive to national security.

In June, for instance, Reporters without Borders criticized a threat by Yangon chief minister Myint Swe to prosecute news media covering sectarian violence in the country's western Rakhine state, saying it highlighted "the fragility of recent improvements in media freedom".

"There will be more responsibilities on the editors since there are some existing laws under which action can be taken against journalists for their writing," said Wai Phyo, chief editor of the Weekly Eleven journal.

Remaining Orwellian laws include the Electronic Transaction Law, enacted in April 2004. It says "whoever receives or sends or distributes any information relating to secrets of the security of the state" can face up to 15 years in prison.

The definition of state secrets has been applied loosely in the past. At one point, it included any reference to the amount of money in circulation in Myanmar. Prominent activists such as Buddhist monk Shin Gambira were jailed under that law during a 2007 crackdown on monk-led protests.

With that law in place, media will still be choosing their words carefully, likely adopting the kind of self-censorship in place in other parts of Southeast Asia. In Singapore, for instance, media is usually careful to avoid displeasing the government and not falling afoul of strict libel laws.

Zaw Htike, a senior reporter and secretary of the Myanmar Journalists Network, which has more than 200 members, had a similar view, and added that journalists would now have to take more responsibility for what they wrote.

"I believe we also need to promote a code of ethics among journalists," he said.

(Additional reporting by Martin Petty in Yangon; Writing by Alan Raybould; Editing by Jason Szep and Robert Birsel)

Source: http://news.yahoo.com/myanmar-government-abolishes-press-censorship-084225623.html

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Alvarez HR in 19th inning sends Pirates over Cards

ST. LOUIS (AP) ? Even Pittsburgh third baseman Pedro Alvarez was starting to lose focus in the later stages of the Pirates' 6-3, 19-inning win over the St. Louis Cardinals on Sunday.

"I was getting a little stagnant out there," he said. "It's one of those things where it's mind over matter. You've just got to fight and keep that desire going."

Alvarez played a big role in ending the marathon with his 23rd homer of the season. The drive broke a 3-3 tie as the Pirates won the longest game in the majors this season.

It took 6 hours, 7 minutes to finish, trying the longest contest by time, matching a game between Baltimore and Boston on May 6.

Both teams scored a run in the 17th, and each club used eight pitchers.

Alvarez slammed the go-ahead homer off Barret Browning (1-3). Andrew McCutchen added a two-run single later in the inning.

Wandy Rodriguez (8-12), who was set to start for the Pirates on Monday night at San Diego, got the win with two scoreless innings of relief. It was his first win as a reliever in 232 major league appearances.

"That was a backyard tug-of-war," Pittsburgh manager Clint Hurdle said. "We kept playing defense, we kept pitching. At the end of the day, we finally got some separation in the 19th inning.

About 9,000 fans from the original crowd of 43,412 stayed until the end.

Each team had played a marathon in recent years. St. Louis went 20 innings against the Mets on April 17, 2010, and Pittsburgh played 19 innings at Atlanta on July 26, 2011.

The Pirates improved to 4-0 in extra innings this season. They moved two games ahead of St. Louis in the race for the last wild card spot in the NL. The Cardinals have lost three of four overall.

"It was a battle all around on both sides," McCutchen said. "They came to play and we were just able to get the win.

It feels good."

Alvarez picked on a slider from Browning and drove it 408 feet.

"It felt good out of my hand," Browning said. "It just stayed up. It don't think I've ever been this disappointed. I just didn't do my job."

Both teams ran out of position players after the 18th inning.

Garrett Jones gave Pittsburgh a short-lived 3-2 lead with a bases-loaded infield single in the 17th. He drove in pitcher James McDonald, who singled as a pinch-hitter, the first of his career.

"It was just luck," McDonald said. "You know how hard pinch hitting is? So it was pretty much luck."

But St. Louis came right back to tie it on a sacrifice fly by Tony Cruz that brought in pinch-runner Ryan Jackson. Yadier Molina and Skip Schumaker began the 17th inning with singles.

St. Louis left-hander Jaime Garcia, sidelined for 64 days with a strain in his pitching shoulder, struck out a career-high 10 and did not allow an earned run in an eight-inning, 107-pitch stint. He gave up five hits, two unearned runs and did not walk a batter.

Pittsburgh had a pair of hits in the 16th but Molina threw out Jose Tabata trying to steal and reliever Joe Kelly induced McCutchen to ground out to end the inning.

Reliever Edward Mujica got Neil Walker to ground into a double play to end the 11th. Kelly allowed four hits and one run in 5 2-3 innings of his first relief appearance.

Carlos Beltran put St. Louis in front with a two-run double in the fourth, and also stole three bases, tying a career high. Beltran leads the NL with 85 RBIs.

"Twenty innings or nine innings, a loss is a loss," Beltran said. "We had the opportunities. It just didn't happen."

Pittsburgh starter Jeff Karstens gave up two runs and two hits over seven innings. He struck four and walked one.

The Pirates scored twice in the sixth to tie it on a pair of infield singles and Garcia's throwing error. Clint Barmes reached on an infield hit and Garcia mishandled a bunt attempt by Karstens. Josh Harrison drove in Barmes with a sacrifice fly and McCutchen followed with an infield single.

Chris Resop led the Pirates' bullpen effort with three scoreless innings. Kevin Correia and Jared Hughes added two scoreless innings each.

Hurdle said he has yet to select a starting pitcher to replace Rodriguez on Monday.

"I'll come up with something tomorrow," he said.

NOTES: St. Louis 1B Allen Craig extended his hitting streak to nine games with a single in the fourth inning. .. Jon Jay snapped an 0-for-14 skid with a two-out single in the 13th. .... Garcia's 10 strikeouts are the most by a St. Louis left-hander since Mark Mulder had 12 on May 9, 2005, against Los Angeles. ... The Cardinals sent RHP Trevor Rosenthal to Triple-A Memphis prior to the game to make room for Garcia. .... St. Louis plays host to Houston in a three-game set beginning Tuesday. Adam Wainwright (11-10, 3.87) will face Lucas Harrell (10-8, 3.81) in the series opener. Wainwright drew a walk as a pinch hitter Sunday. ... Pittsburgh closes out a six-game road trip with three at San Diego starting Monday. ... Pirates 2B Neil Walker did not start for the fourth successive game with a dislocated pinky on his right hand. He later pinch hit. ... Molina grounded out to second to finish a 14-pitch at-bat in the fourth.

Source: http://news.yahoo.com/alvarez-hr-19th-inning-sends-pirates-over-cards-004039502--mlb.html

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Saturday, August 18, 2012

Gameloft's new Order & Chaos spin-off will be lane defense

Android Central

Gameloft has been teasing a spin-off of their World of Warcraft clone for Android, Order & Chaos, for a few weeks now, and today took off the the wraps. It turns out Heroes of Order & Chaos will be a lane defense game (or MOBA), similar to Defense of the Ancients, League of Legends, and others in that sphere.

For those unfamiliar, you pick one of many flavorful, unique heroes, and use them to defend your headquarters against waves of mindless drones coming to do destroy your towers through three seperate lanes of attack. Not only do players have to defend, but they have to push into the opposing team's area and take out their base in order to win. 6 free heroes will be available on a shifting rotation, though you'll be able to pay through in-app purchases for permanent access. 

I'm just starting to get into Dota 2, and am finding the gameplay really great; it's actually pretty surprising that we haven't seen more games like it on Android yet, and I'm pretty confident Gameloft will do a good job with adapting the experience for mobile. Any LoL or Dota fans out there? Would you be willing to weather a gauntlet of microtransactions to play it on Android? At least you're already used to it from PC, right? We can expect Heroes of Order & Chaos to hit Google Play on October 11. 

Source: IGN



Source: http://feedproxy.google.com/~r/androidcentral/~3/ENDXLnr5l2Y/story01.htm

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Video: Corzine Considering Hedge Fund

Sorry, Readability was unable to parse this page for content.

Source: http://video.msnbc.msn.com/cnbc/48706873/

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Other problems are linked to joint disease. For example, simply being frustrated or struggling with diabetic issues could boost the chances of you obtaining joint disease. For you to do some investigation about how exactly your existing health concerns could impact your joint inflammation, and find out what you can do to keep these other conditions under control.

As stated just before, rheumatoid arthritis plagues the joint parts of hundreds of thousands. The joints problem Air Max 2012 triggers endures to have wonderful pain and inflammation. You will find different kinds of joint inflammation and different remedies to suit these various sorts. By using the showcased recommendations from this article, you may deal with the joint disease influencing your bones.

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Source: http://keepersblog.com/suggestions-for-air-max-90-successful-the-fight-with-arthritis-pain/

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Friday, August 17, 2012

Career Obligations, Training Requirements and Pay Objectives for ...

The need for qualified massage counselors is anticipated to grow significantly within the next 2 years as individuals discover the different advantages of massage therapy. If you?re trapped in a dead-end job or you are attempting to determine what you want to do with your life consider becoming a massage therapist. Massage therapists market services that are designed to flake out the body for the bodily well-being of the recipient. When you?re a very hands on individual and you?re looking for a vocation that may give you the liberty setting your own plan without compromise career security understand the character of the task, education requirements, and average profits to make a smart decision for your future.Massage therapy does get knowledge and ability. Practitioners are instructed to utilize touch to govern soft-tissue within the body for a variety of different factors. If done right massage treatment may handle uncomfortable conditions, decrease pressure, rehabilitate incidents, and decompress muscles. While many customers find massages for relaxation studies show you can find numerous medical benefits. These medical benefits have made the art of massage very common and very lucrative. With an increase of than 80 different types of massage modalities to learn, therapists can focus on one or several modalities to acquire a faithful customer base.Massaging procedures are managed by their state in which you wish to function. Most states will need a psychologist to go to a formal educational program and a state permit. It?s very important to see if your state takes a certificate since there are currently 9 states in the nation that do not. Training requirements are set by their state you have a home in. Educational institutions may construct their curriculum to generally meet state and examination requirements. Broadly speaking, states will need 500 hours of study or more to meet demands. Significant topics associated with the art of massage are included including: physiology, human body mechanics, business management, practices, study of organs, and physiology.If their state you reside in requires a license, you must get your license after you graduate from your academic program. This program must prepare you for their State Licensing Exam. You can find two nationally recognized assessments so it?s crucial that you know which test is charged in your state. You may also have to present evidence of insurance before your permit requirements are met.Once you?re licensed and authorized you can begin your business. Most therapists are self-employed and many work on a part-time basis. The average salary for practitioners in 2008 was between $17 and $24 per hour. Low wage earners reported making $8 while high wage earners reported $33. The total amount you make will depend on your job, overhead costs, and the location where you work. If you?d like to focus on your own and set your own schedule set reasonable and profitable prices. Create a calming and pleasing environment for your clients and build a loyal clientele. Massage therapy is one of many fastest growing careers in the country. Take advantage of this expansion and take initiative to higher your life and the life of others.

Visit our website for more info about body massage

Source: http://articlereference.net/health-fitness/career-obligations-training-requirements-and-pay-objectives-for-massage-therapists.html

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Tips That Will Make Your Current Finance Work For You | Dantec ...

If you had kept a record of who you owed money to then perhaps your debt could have been avoided. It?s now time to buckle down and fix your credit. The following article includes some easy to follow advice to get you on the road to repairing your credit.
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Attempts to defend negligence or bad credit will not succeed, even if they are justifiable. The creditors are only worried about results and numbers. It may even draw more attention to the blemish.
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When you want to fix your credit, you need to start somewhere. Have a realistic plan and stay with it. Making changes to become a wise spender means you have to make a budget and rules, then follow them. Purchase nothing but the essentials. Ask yourself whether every purchase is both affordable and necessary, and only buy if the answer to both questions is ?yes?.
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Secured credit cards are an effective way for you to start rebuilding your credit. Secured credit card applications have a high rate of approval because you must fund a security deposit against your credit limit. Limited spending and regular payments can turn a new credit account into a valuable credit repair tool.
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If your credit is in need of significant repair, you should consider obtaining credit counseling services. They can teach you how to get rid of all you owe and still live each month. In the long run, you are going to have to stop using your cards and agree to pay an amount toward each one every month.
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Get a written copy of any payment plan you negotiate with a creditor. This is the only way that you have of protecting yourself. Once you make the final payment, get a statement that verifies that the debt has been satisfied and send it to the various credit reporting agencies.
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Try and pay down any revolving account balances in order to boost your credit score. By lowering your credit card balances, you will be able to improve your credit score. When balances reach anywhere from 20-100% of your available credit balances (in 20% intervals), the FICO system will make a note.
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You may want to justify yourself, but the statement has no effect on whether a lender will extend credit to you or not. It is irrelevant. The statement will only draw further attention to negative reports on your credit history.
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Have different types of credit if you want to fix your credit. How much credit and what kinds you have available both affect your credit score. You can raise your credit score along with paying them promptly by having to pay various types of credit, like credit cards, mortgages, or auto loans.
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If you credit score is good, you should have no problem purchasing a house and obtaining a mortgage. If you pay your mortgage as agreed, your credit score will rocket into the stratosphere. Having a major asset like a house also looks good to potential creditors. These benefits will pay off if you need to secure a loan.
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If you see errors on your credit reports, dispute them with the credit agency. You should contact the credit bureaus both online and by certified letter; be sure to include proof of your claims. Your letter should be sent with a request for return receipt, so you can have a record that it was received by the reporting agency.
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Do not assume that a lawyer is being honest when he or she claims that they can fix your credit instantly. Due to the large number of people experiencing credit difficulties, predatory lawyers have sprung up who charge big fees for credit repair services that are either useless or illegal. Prior to contacting any lawyer for help fixing your credit, investigate him or her thoroughly.
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If your poor credit score frustrates you, try using these tips to change it. The helpful tips help stop your credit score from falling and make it go up instead

Credit card Restoration Tips and hints That Anyone Can Follow

Tags: credit repair, realistic plan, high rate, Credit score, Limited spending, auto loans

Source: http://www.dantec-dynamics.com/finance/debt-consolidation/tips-that-will-make-your-current-finance-work-for-you/

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FireHost Expands Its Global Business Continuity Solutions

New DNS Hosting Options Provide Better Redundancy and Security

FireHost, the leading?secure cloud hosting company, today announces new business continuity choices supported byDYN?DNS hosting. DNS hosting extends FireHost?s business continuity capabilities beyond high-availability and load balancing solutions. The new business continuity options support clients who require constant uptime and sophisticated failover configurations for their websites or Web applications.

FireHost

?FireHost has been ahead of the curve with regard to securing a public cloud environment and finding advanced ways to boost performance,? said Jason Rieger, CTO of FireHost. ?Now we move ahead again by multiplying our business continuity offerings, helping our customers prep and plan for the unexpected, and keeping their systems and applications online all the time, even when disaster strikes.?

FireHost?s new business continuity solutions, powered by DNS hosting, let customers make proactive choices about distributing Web traffic between 17 different failover facilities that are dispersed across five continents. Customers that require additional control can ?layer on? advanced DNS hosting features:

  • Active Failover:?Automatically routes Internet traffic to available hosting resources in secondary facilities if a physical disruption to the primary hosting infrastructure occurs. The re-routing is pre-configured via rule sets ensuring a seamless experience for end users.
  • Traffic Management: Global Server Load Balancing (GSLB) lets FireHost distribute application load between global data centers, multiple cloud hosting infrastructures, or a variety of content delivery network (CDN) providers. Traffic management detects failures and automatically routes Internet traffic to the nearest available physical server, alerts system administrators, and provides high-level stability and availability for Web applications.
  • Advanced Traffic Management:?Building on Traffic Management, this sophisticated business continuity configuration features regional rule sets with granular geo-traffic management. This allows Web application administrators to pin visitors to the nearest hosting infrastructure for increased speed, performance, and budget controls.

FireHost has an exclusive DNS hosting partnership with Dyn, which provides the secure host with an enterprise-grade, globally diverse IP network, eliminating the worry of extended downtime and management of domain name servers. By participating in such a robust business continuity program, FireHost customers can survive disruptions of any scale, maximize their Web performance and ensure a high quality Web experience for their own end users.

FireHost?Secure DNS Hosting?options are available immediately.

About FireHost
FireHost is a secure cloud hosting company focused on protecting companies? sensitive data and brand reputations with an architecture built for security, scalability and performance. Customers with specific compliance or performance needs subscribe to FireHost?s PCI, HIPAA or high traffic solutions, including some of the largest companies in the world as well as many fast growing eCommerce, SaaS and healthcare IT providers. FireHost provides services from Dallas, Phoenix, London and Amsterdam.?http://www.firehost.com

Follow FireHost on Twitter and the FireHost blog:
twitter.com/firehost
www.fireblog.com

Press?Contact:

FireHost
Sarah Hawley
Email Contact
480.292.4640

Source: http://www.vibriefing.com/2012/08/firehost-expands-its-global-business-continuity-solutions/

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Get Answers to Your Concerns In An Internet Marketing Forum ...

Whatever information you wish to find, research is the only way to find out what?s what. The Internet is wonderful since it contains information on pretty much everything but the problem is that not all of that information shall be absolutely accurate. In truth, there is a great deal of information that is unreliable on purpose. There is a place that can answer the majority of your questions, but you still must be cautious. There is a forum out there for every subject you could join. Take into account to make use of link building tool for your personal web based business.

Instead of joining program after program and spending a lot of money, search for an Internet marketing forum. Along with finding the answers you need, it?s not necessary to pay for it. Forums are web sites where the members can post information, ask other members questions and have chats on many different topics. Typically forums are organized by certain topics and most of the information people put on them is public so that all of the other members can read what has been written on them. Usually a person asks a question and then another person answers. Following this, the other members will post their own ideas about that response and then about other responses and pretty soon, there are pages of replies you can read through. A great deal can be learned just by doing some reading through the replies.

There will be plenty of useful information to read, obviously but, as it is the internet, some of it will be nonsensical as well. Forums usually have moderators and rules that are meant to keep the members from losing all control. When you join an Internet marketing forum, you?ll be able to talk directly to other online marketers. Not only do you get to know other online marketers, and find out what works for them, but you can find JV partners. You may even be able to advertise your own offerings as well. When you have access to this sort of conversation and learning you will definitely, among other things, have an easier time finding out how to successfully build beneficial relationships. Very often, it is not what you know as much as who you know, with regards to building an Internet business.

The majority of forums have memberships composed of normal people who, over time, create their own group. For somebody who is seeking to market a product, this can be a good place to get moral support. Consider about how much you can learn, specifically when you have like-minded individuals you can talk about your ideas with, and in a casual setting. Two of the very best ways to learn are to get evaluations from other people and then to offer up reviews of your own.

If you wish to launch your own business on the Internet, before you spend lots of money, join a forum for Internet Marketers. Learn to ask the right questions, so you can eliminate the typical mistakes that novices make. Not only will you be able to learn a lot in this sort of forum, but you?ll be able to help people who know less than you do.

Further Video clips concerning link building tool here.

Source: http://www.winnipegmen.net/83-get-answers-to-your-concerns-in-an-internet-marketing-forum

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Thursday, August 16, 2012

Top Tips for Home Safety and Security, by Mark Clay :: Home ...


Top Tips for Home Safety and Security Burglars thrive on poorly maintained security measures. Many times simple methods of home security take little but vigilance and a bit of work to implement and maintain. Other methods of securing one's home are a bit more intensive. If you're like a lot of home owners and wish to more thoroughly defend your home from thievery, read over the following home security tips to get a better understanding of what you can do.


Tip 1: Secure Windows

Burglars will often capitalize off of inattentive home owners by going from window to window until they find one that is unlocked. Make it a point to check each of your windows before leaving for an extended trip. Other good habits include locking your windows each time you close them or installing window pins.

It's also a good idea to understand how simple it is for common window locks to be forced or jimmied open by thieves. Heavier, sturdier locks are often only slightly more expensive than lighter locks. These heavy duty locks can greatly increase your overall home security.

Tip 2: Secure Doors

Your doors are the most important points of entry for thieves, as heavier and more awkward valuables require doorway movement. Deadbolts should be your first line of defense, with the proper choice of deadbolt being key to effective security. Latch deadbolts increase their odds of being locked, but never install a latch style deadbolt if a glass window borders your door.

Peepholes are also an excellent way to decrease your odds of violent home invasion. Peepholes synergize quite efficiently with deadbolts to sway a thief's opinion of your home.

Tip 3: Lighting

Nothing makes your house less appealing than a highly lit perimeter. Thieves choose the night as their time to strike, and removing the cover of darkness makes their jobs much more difficult. Highly luminous lights can be costly, however. Consider using a powerful light along with a motion detector instrument in order to prevent an excessive electricity bill.

Tip 4: Look Occupied

Homes with piled up snow in the driveway, no cars parked outside and every light turned off at night are like beacons to thievery. Each of these factors needs to be addressed in order to make your home less appealing to burglars.

Keep a car parked in your driveway. If you don't have a car to spare, ask your neighbor to use your driveway while you're out of town. This practice can even decrease your odds of being burgled because of the change in car placement.

Try to employ someone you trust to shovel your snow while you're gone. Also ask them to remove daily newspapers and pickup your mail. Be sure you can trust this person with your home, though.

Timers can be installed to make random lights turn on at certain intervals. Electrical timers are inexpensive and prevent you from being forced to leave your lights on all the time.


Tip 5: Pen and Paper

As boring as a ledger can be, keeping a good inventory of your most expensive possessions can do wonders. Make it a point to etch a piece of identifying information somewhere on your valuable - unless it lowers the value of the item. Taking pictures of certain items can also assist law enforcement in identifying your wares. These photos can double as proof of ownership for insurance purposes as well.

Mark Clay

Mark Clay is a highly dedicated member of the Always Locksmith team. Always Locksmith provides security products and services as a Watford locksmith, servicing Watford, Bromley, and all of Greater London.? When not taking calls in the office or out on a service visit, Mark can be found on the football pitch with his two children.???

View all articles by Mark Clay


Source: http://www.letsbuild.org/articles/48037/1/Top-Tips-for-Home-Safety-and-Security/Page1.html

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'Dinosaur bends' caused by prolonged diving

ScienceDaily (Aug. 15, 2012) ? Dinosaurs-like creatures may have injured themselves during leisurely deep-sea diving trips and not from resurfacing too quickly, as previously thought.

A recent study identified bone deformities on the fossilized remains of Ichthyosarians, which were giant dolphin-like reptiles that first appeared about 245 million years ago.

The lesions were similar to those human divers develop as a result of changes in body pressure, and suggest the reptiles suffered from a version of 'the bends'.

A new analysis by University of Melbourne pathologist Associate Professor John Hayman -- published in the latest edition of the Naturwissenschaften: Science of Nature journal -- sought to explain what may have caused the bone lesions.

That research argues the scarring may be the result of deep diving and spending too long at depth, causing excess nitrogen to be dissolved in the body, and not from quick ascents as previously thought.

"Ichthyosarians probably evolved the ability to dive deeper and to remain at depth for longer periods," Professor Hayman said.

"An alternative explanation is that the reptiles developed decompression sickness from being trapped in shallow water by predators.

"It wasn't from sudden and rapid ascents," he said.

Associate Professor Hayman said the dangerous practice of deep sea diving wouldn't have affected the replites' long-term survival because any ill effects would have developed later in life.

"The lesions wouldn't have been enough to kill the animal, and wouldn't have affected it's ability to hunt or breed."

Professor Hayman said the new analysis was possible because structure of modern humans' necks are very similar to the prehistoric reptiles.

"The arterial blood supply to the humerus and other bones such as the neck of the femur is highly conserved. It has remained much the same for 250 million years."

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Story Source:

The above story is reprinted from materials provided by University of Melbourne.

Note: Materials may be edited for content and length. For further information, please contact the source cited above.


Journal Reference:

  1. John Hayman. Deep-diving dinosaurs. Naturwissenschaften: Science of Nature, 2012 DOI: 10.1007/s00114-012-0937-x

Note: If no author is given, the source is cited instead.

Disclaimer: Views expressed in this article do not necessarily reflect those of ScienceDaily or its staff.

Source: http://feeds.sciencedaily.com/~r/sciencedaily/top_news/~3/xHw-3sbg3TA/120816092459.htm

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Romney says he's paid taxes every year

Republican presidential candidate, former Massachusetts Gov. Mitt Romney arrives at Birmingham International Airport before boarding a plane for fundraising events, Thursday, Aug. 16, 2012, in Birmingham, Ala. (AP Photo/Evan Vucci)

Republican presidential candidate, former Massachusetts Gov. Mitt Romney arrives at Birmingham International Airport before boarding a plane for fundraising events, Thursday, Aug. 16, 2012, in Birmingham, Ala. (AP Photo/Evan Vucci)

(AP) ? Mitt Romney says he's never paid less than 13 percent of his income in taxes during the past decade.

Romney told reporters Thursday that Democratic Senate Majority Leader Harry Reid's claim that Romney paid no taxes in some years is, quote, "totally false." Reid has claimed it was possible Romney was refusing to release more than two years of returns because he didn't want to reveal that he hadn't paid taxes.

Romney said: "Every year I've paid at least 13 percent."

The Republican presidential candidate says he's also given generously to charity and that, including those contributions, he's given up more than 20 percent of his income annually.

Romney has released his 2010 tax return and says he'll release his 2011 return before the Nov. 6 election.

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/386c25518f464186bf7a2ac026580ce7/Article_2012-08-16-Romney-Taxes/id-fe63b548f9ba4f679af9ce60b737b0d4

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How Real Estate Investors Can Build a Portfolio Without a Bank

As real estate investors, building a portfolio of rentals is the single biggest wealth-creating opportunity of our lifetime.

Real estate investors who rely on bank financing are struggling and failing because the large down payments required and mortgage underwriting criteria make it very difficult to buy investment real estate.

Those of us who have figured out a way to eliminate banks from our investing equation are succeeding massively.

real estate contract

In many markets, investors can buy rental property for less than the price of a new car.

A lot of real estate investing elements must be completed correctly in order to create cash flow and long-term wealth.? The good news is, real estate is still ?on sale? and widely available.

In many markets, investors can buy rental property for less than the price of a new car. But even the price of new car still takes a lot of capital to acquire, so the key to investing in real estate remains finding the best way to leverage real estate acquisitions without using your own money.

Real estate investors who learn to buy with Other Peoples? Money (OPM), can buy houses without the hassles of getting a bank mortgage.

Last week, in my own market of Richmond, VA, I put a house under contract for $25,000. This house last sold in 1968 for $9,900. It has a current tax assessment of $115,000. It will need about $18,000 of repairs and then it can be rented for $850 per month.

How I Bought the House Without a Bank or Any of My Own Money

To buy this home without needing a bank, I structured a joint venture.? In this case, the private lender is a self-directed IRA from Quest IRA. The IRA will fund the entire acquisition, closing costs, and repairs, for a total funding of approximately $45,000.

My side of the joint venture includes doing all the work, including finding the house, negotiating, completing the repairs, and then managing the house for the next 5 to 10 years.

With this joint venture, we are splitting all net income and future upside equity 50/50. The rental income is $850 per month, taking out taxes and insurance this will net at approximately $700 per month.

The $700 per month is then split 50/50. I retain $350 per month and send the other $350 per month to the self-directed IRA. If we keep this property for five years, and it is full occupied, both the IRA and I will receive 60 payments of $350 per month for a total rental income of $21,000.

It?s a Win-Win for Everybody

If we sell the house in five years for today?s tax assessment of $115,000, our upside gross equity on the $45,000 investment will be? $70,000, which is split 50/50 and another payday of $35,000 for each party in the joint venture.

Given the nature of the joint venture being a 50/50 deal, every second acquisition is the equivalent of one free and clear house.? How many of these deals do you need to be able to live just off of the monthly rental income?? If you could structure 20 of these deals, you would be at $7,000 per month. Structure 40, and you have $14,000 per month.

Don?t even focus on the equity and net worth, just focus on the cash flow and creating free and clear houses to hold long-term. Make the acquisitions without banks and you can succeed massively.

Source: http://www.creonline.com/blog/how-to-build-a-portfolio-of-rentals-without-banks/

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Anti-Semitic Hungarian politician discovers he's Jewish

BUDAPEST, Hungary (AP) ? As a rising star in Hungary's far-right Jobbik Party, Csanad Szegedi was notorious for his incendiary comments on Jews: He accused them of "buying up" the country, railed about the "Jewishness" of the political elite and claimed Jews were desecrating national symbols.

Then came a revelation that knocked him off his perch as ultra-nationalist standard-bearer: Szegedi himself is a Jew.

Following weeks of Internet rumors, Szegedi acknowledged in June that his grandparents on his mother's side were Jews ? making him one too under Jewish law, even though he doesn't practice the faith. His grandmother was an Auschwitz survivor and his grandfather a veteran of forced labor camps.

Since then, the 30-year-old has become a pariah in Jobbik and his political career is on the brink of collapse. He declined to be interviewed for this story.

At the root of the drama is an audio tape of a 2010 meeting between Szegedi and a convicted felon. Szegedi acknowledges that the meeting took place but contends the tape was altered in unspecified ways; Jobbik considers it real.

[Slideshow: Color photos from inside Hitler's home]

In the recording, the felon is heard confronting Szegedi with evidence of his Jewish roots. Szegedi sounds surprised, then offers money and favors in exchange for keeping quiet.

Under pressure, Szegedi resigned last month from all party positions and gave up his Jobbik membership. That wasn't good enough for the party: Last week it asked him to give up his seat in the European Parliament as well. Jobbik says its issue is the suspected bribery, not his Jewish roots.

Szegedi came to prominence in 2007 as a founding member of the Hungarian Guard, a group whose black uniforms and striped flags recalled the Arrow Cross, a pro-Nazi party which briefly governed Hungary at the end of World War II and killed thousands of Jews. In all, 550,000 Hungarian Jews were killed during the Holocaust, most of them after being sent in trains to death camps like Auschwitz. The Hungarian Guard was banned by the courts in 2009.

By then, Szegedi had already joined the Jobbik Party, which was launched in 2003 to become the country's biggest far-right political force. He soon became one of its most vocal and visible members, and a pillar of the party leadership. Since 2009, he has served in the European Parliament in Brussels as one of the party's three EU lawmakers, a position he says he wants to keep.

The fallout of Szegedi's ancestry saga has extended to his business interests. Jobbik executive director Gabor Szabo is pulling out of an Internet site selling nationalist Hungarian merchandise that he owns with Szegedi. Szabo said his sister has resigned as Szegedi's personal assistant.

In the 2010 tape, former convict Zoltan Ambrus is heard telling Szegedi that he has documents proving Szegedi is Jewish. The right-wing politician seems genuinely surprised by the news ? and offers EU funds and a possible EU job to Ambrus to hush it up.

Ambrus, who served time in prison on a weapons and explosives conviction, apparently rejected the bribes. He said he secretly taped the conversation as part of an internal Jobbik power struggle aimed at ousting Szegedi from a local party leadership post. The party's reaction was swift.

"We have no alternative but to ask him to return his EU mandate," said Jobbik president Gabor Vona. "Jobbik does not investigate the heritage of its members or leadership, but instead takes into consideration what they have done for the nation."

Szegedi's experience is not unique: The Holocaust was a taboo subject during Hungary's decades of communist rule that ended in 1990, and many survivors chose to keep their ordeals to themselves. Russian far-right firebrand Vladimir Zhirinovsky was anti-Semitic until he acknowledged in 2001 that his father was Jewish.

Szegedi, who was raised Presbyterian, acknowledged his Jewish origins in June interviews with Hungarian media, including news broadcaster Hir TV and Barikad, Jobbik's weekly magazine. He said that after the meeting with Ambrus, he had a long conversation with his grandmother, who spoke about her family's past as Orthodox Jews.

"It was then that it dawned on me that my grandmother really is Jewish," Szegedi told Hir TV. "I asked her how the deportations happened. She was in Auschwitz and Dachau and she was the only survivor in the extended family."

Judaism is traced from mother to child, meaning that under Jewish law Szegedi is Jewish. Szegedi said he defines himself as someone with "ancestry of Jewish origin ? because I declare myself 100 percent Hungarian."

In the interview with Hir TV, Szegedi denied ever having made anti-Semitic statements, but several of his speeches and media appearances show otherwise.

In a November 2010 interview on Hungarian state television, Szegedi blamed the large-scale privatization of state assets after the end of communism on "people in the Hungarian political elite who shielded themselves in their Jewishness."

Speaking on a morning program in late 2010, he said that "the problem the radical right has with the Jews" was that Jewish artists, actors and intellectuals had desecrated Hungary's national symbols like the Holy Crown of St. Stephen, the country's first Christian king.

Szegedi also complained of "massive real estate purchases being done in Hungary, where ? it's no secret ? they want to bring in Israeli residents."

Szegedi met in early August with Rabbi Slomo Koves, of Hungary's Orthodox Chabad-Lubavitch community, whose own parents were in their teens when they discovered they were Jewish.

"As a rabbi ... it is my duty to receive every person who is in a situation of crisis and especially a Jew who has just now faced his heritage," Koves said.

During the meeting, Szegedi apologized for any statements which may have offended the Jewish community, and vowed to visit Auschwitz to pay his respects.

Koves described the conversation as "difficult and spiritually stressful," but said he is hopeful for a successful outcome.

"Csanad Szegedi is in the middle of a difficult process of reparation, self-knowledge, re-evaluation and learning, which according to our hopes and interests, should conclude in a positive manner," Koves said. "Whether this will occur or not is first and foremost up to him."

More from Yahoo! News:

Source: http://news.yahoo.com/hungary-far-leader-discovers-jewish-roots-155354165.html

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Wednesday, August 15, 2012

Auto insurance ? A Necessity for Drivers ?

When you buy or maybe acquire a car, experts recommend to have auto insurance to your protections. Although some states mandate car insurance for car owners, many automobiles owners still defy this notion of getting insurance for their automobile for the plain reason why they can get away without having one.
Auto insurance is the primary financial safeguard when something happens on your car in the event of visitors collisions. Most of these automobile insurance companies cover your insured party, the actual insured vehicle, another parties and 3rd party such as theft along with fire. Although there are policies that simply cover the specified circumstances in which the car is actually insured independently such as against theft, actual and fire damage.
If you are getting insurance plan for your car, it is advisable to have a full coverage motor insurance to lessen your troubles in the event your car will be involved in a path mishap. This gives you more flexibility to make claims and most motor insurance companies offer rewards and when calculated regarding scopes of coverage, you certainly save more than paying lower insurance premiums pertaining to separate insurance policies. The full coverage insurance doesn?t only protect an individual in one separate predicament but to all which will arise in the event your car or truck is involved in any kind of cases such as thievery, fire and damage outside collision.
Grow older is considered as one danger that affects the amount of premiums in auto insurance. Auto insurance for seniors has lower payments because they are considered to have lesser miles driven compared against that relating to teenagers and grown ups. Veterans fall under this particular category risk because they are often older than Fityfive years old and may discover discounts when they investigate for insurance because of their car. Auto insurance regarding veterans has reduce premiums because it is believed that veterans have got lower accident dangers compared to regular motorists. Veterans are suspected to be law-abiding, low kilometers drivers and have great payment standing because of their regular retirement and pension pay.
A high level Veteran and looking intended for gunstige Kfz-Versicherung for your fresh car or needing to renew your existing insurance coverage, you need to consider several factors before buying. Because most of car insurance firms have their own web site, you will have a wide range of options when you surf the net as well as good reputation is but one important factor that you must take into account. Read reviews of your insurance company and get observations on what people have to say on the insurance company. Compare reductions and choose those that offers you more savings. Remember that car car auto insurance for your automobile is not a luxury although a necessity.

For more information about gunstige Kfz-Versicherung visit our website.

Source: http://all-articles-directory.com/auto-insurance-a-necessity-for-drivers/

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Ghana inflation rises to 9.5 pct in July

ACCRA (Reuters) - Ghana's annual inflation rose to 9.5 percent in July from 9.4 percent the previous month due to pressure on the local cedi currency, Ghana's statistics office said on Wednesday, but the rise was slower than expected by analysts.

The rise in consumer inflation is the fifth in a row, highlighting price pressures in the West African nation's economy.

Ebo Duncan, Ghana's director of economic statistics, pinned the inflation increase on the depreciation of the cedi against the dollar which contributed to the inflation rate in imported food items.

"The exchange rate depreciation has made some imported foods more expensive and their weight on inflation is huge," he said.

Yvonne Mhango, Sub-Saharan Africa economist at Renaissance Capital, said the increase in inflation was "very modest" given the cedi had depreciated by 29 percent against the greenback in the year to July.

Harvests in coming months should ease food inflation but spending linked to an election due in December posed a risk.

"We expect inflation to be in the early double-digits at (the end of 2012)," Mhango said, adding that any further slip by the cedi was likely to lead to a rate hike in September.

"If the cedi exhibits further weakness in the following weeks, the MPC meeting may be compelled to take action and hike by about 50 basis points," she said.

Source: http://news.yahoo.com/ghana-inflation-rises-9-5-pct-july-stats-102529687--business.html

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Safe From Avoidance: Electricity Requirements Contracts

The Fifth Circuit in MBS Mgmt. Serv., Inc. v. MXEnergy Elect., Inc., No. 11-30553, 2012 WL 3125167 (5th Cir. Aug. 2, 2012) recently provided some guidance on whether an electricity requirements contract is a forward contract that is exempt from avoidance pursuant to section 546(e) of the Bankruptcy Code.? The answer, at least on the facts of MBS Mgmt., is yes.

MBS Management Services, Inc. was a provider of management services for apartment complexes.? It entered into a contract with Vantage Power Services, LP to purchase full electric requirements for specified apartment complexes for twenty-four months for a set price per kilowatt hour, based on actual metered usage.? Vantage ultimately sold this contract to MXEnergy Electic, Inc.? Several months after MXEnergy purchased this contract, MBS filed a voluntary petition under chapter 11 of the Bankruptcy Code and a trustee was appointed.? The trustee commenced an adversary proceeding to recover as a preference under section 547(b) of the Bankruptcy Code approximately $156,000.00 that MBS paid to MXEnergy within 90 days prior to the chapter 11 filing to cover past-due electric bills. MXEnergy disputed the adversary proceeding.

Although the parties stipulated that all requirements for a preference action had been met, MXEnergy argued that the payment was shielded from avoidance pursuant to section 546(e) of the Bankruptcy Code because the contract with MBS is a preexisting forward contract and the payment made was a settlement payment to a forward contract merchant.

The bankruptcy court and the district court held that the payment was made on a forward contract and thus was exempt from avoidance pursuant to section 546(e) of the Bankruptcy Code.? Note that the trustee did not appeal the bankruptcy court?s determination that the payment was a ?settlement payment? within the meaning of section 546(e); accordingly, the Fifth Circuit did not address this question and only addressed whether the electricity requirements contract is a forward contract.

Section 101(25)(A) of the Bankruptcy Code defines a forward contract as a ?contract (other than a commodity contract . . . ) for the purchase, sale, or transfer of a commodity . . . with a maturity date more than two days after the contract is entered into . . .?. ?The trustee?s primary argument on appeal was that the contract is not a forward contract because it does not contain a specific quantity of electricity to be purchased, specific delivery dates or a maturity date.? The Fifth Circuit found all these arguments unpersuasive.? Using a textual approach to statutory interpretation, the Fifth Circuit looked at the plain language of sections 101(25)(A) and 546(e) and held that neither section requires that a forward contract must expressly specify quantities of the commodity to be purchased, delivery dates or a maturity date.? The Fifth Circuit recognized, however, that section 101(25)(A) requires that a forward contract must have a maturity date more than two days after the date the contract is entered into.? It determined, however, that the electricity requirements contract at issue in MBS had a maturity date, even if it did not specify what that date was.? It was sufficient for purposes of section 101(25)(A) that no delivery of electricity was scheduled to occur less than two days after the contract was entered into.? Accordingly, the Fifth Circuit held that the electricity requirements contract was a forward contract that was exempt from avoidance pursuant to section 546(e).

In reaching its holding, the Fifth Circuit considered the expert testimony provided in the bankruptcy court on the issue of how forward contracts are typically structured in the industry. ?The trustee argued that MXEnergy?s expert?s testimony should not be admitted because MXEnergy?s expert witness was its president and chief-executive officer.? The Fifth Circuit held that the fact that the expert was an insider of MXEnergy and testifying on behalf of MXEnergy went to the weight of his testimony and not to the admissibility of the testimony.? The Fifth Circuit thus found MXEnergy?s expert?s testimony to be admissible.

Finally, the Fifth Circuit noted that its decision left open the issue of whether a residential consumer who has a contract with his local utility company to lock in a favorable rate, and who then files for bankruptcy, has entered into a contract that is shielded from avoidance pursuant to section 546(e) of the Bankruptcy Code.? While not addressing this issue, the Fifth Circuit stated in dicta that even if the answer to this open issue is yes, it would not be a dissimilar protection that utilities already enjoy under section 366 of the Bankruptcy Code.? This of course begs the question of whether utilities with contracts should be afforded similar protections to those set forth in section 366, which many would argue was intended to protect both debtors and utilities in situations where debtors do not have contracts with the utility providers.

11 USC Sec. 546
Sec. 546. Limitations on avoiding powers
? ? . . . (e) Notwithstanding sections 544, 545, 547, 548(a)(1)(B), and 548(b) of this title, the trustee may not avoid a transfer that is a margin payment, as defined in section 101, 741, or 761 of this title, or settlement payment, as defined in section 101 or 741 of this title, made by or to (or for the benefit of) a commodity broker, forward contract merchant, stockbroker, financial institution, financial participant, or securities clearing agency, or that is a transfer made by or to (or for the benefit of) a commodity broker, forward contract merchant, stockbroker, financial institution, financial participant, or securities clearing agency, in connection with a securities contract, as defined in section 741(7), commodity contract, as defined in section 761(4), or forward contract, that is made before the commencement of the case, except under section 548(a)(1)(A) of this title.

11 USC Sec. 547
Sec. 547. Preferences
. . . (b) Except as provided in subsections (c) and (i) of this section, the trustee may avoid any transfer of an interest of the debtor in property -
? ? (1) to or for the benefit of a creditor;
? ? (2) for or on account of an antecedent debt owed by the debtor before such transfer was made;
? ? (3) made while the debtor was insolvent;
? ? (4) made -

? ? (A) on or within 90 days before the date of the filing of the petition; or
? ? (B) between ninety days and one year before the date of the filing of the petition, if such creditor at the time of such transfer was an insider; and

? ? (5) that enables such creditor to receive more than such creditor would receive if -

? ? (A) the case were a case under chapter 7 of this title;
? ? (B) the transfer had not been made; and
? ? (C) such creditor received payment of such debt to the extent provided by the provisions of this title.

11 USC Sec. 101
Sec. 101. Definitions
? ? In this title the following definitions shall apply:
? ? ? ? . . . (25) The term "forward contract" means -

? ? (A) a contract (other than a commodity contract, as defined in section 761) for the purchase, sale, or transfer of a commodity, as defined in section 761(8) of this title, or any similar good, article, service, right, or interest which is presently or in the future becomes the subject of dealing in the forward contract trade, or product or byproduct thereof, with a maturity date more than two days after the date the contract is entered into, including, but not limited to, a repurchase or reverse repurchase transaction (whether or not such repurchase or reverse repurchase transaction is a "repurchase agreement", as defined in this section) (2) consignment, lease, swap, hedge transaction, deposit, loan, option, allocated transaction, unallocated transaction, or any other similar agreement;

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