alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1 

UNITED STATES BANKRUPTCY COURT 

FOR THE EASTERN DISTRICT OF VIRGINIA 

Alexandria Division 

____________________________________ 

) 

IN RE: CYRIL MICHAEL RICKWALDER ) Case No. 16-10289 

) 

Debtor. ) Chapter 7 

________________________________ ) 

DEBTOR’S MOTION TO EXCUSE DEBTOR FROM REQUIREMENTS OF 11 

USC §109 AND 11 U.S.C. § 1328

The Debtor, Cyril M. Rickwalder, by counsel, files this, pursuant to 11 USC § 

109(h)(4), his Motion to Excuse Debtor from Requirements of 11 USC § 109(h)(1) and 11 

USC § 727(a)(11) and in support thereof, states as follows: 

1. This case, filed on January 28, 2016, is a case under chapter 7 of the Bankruptcy 

Code.

2. The Debtor, Mr. Rickwalder, is impaired by reason of mental illness or mental 

deficiency so that he is incapable of realizing and making rational decisions with respect 

to his financial responsibilities. 

WHEREFORE, in the interests of justice and convenience of the debtor, Mr. Cyril 

Rickwalder, through counsel, respectfully requests that the Court determine that the debtor meets 

the requirements of 11 U.S.C. § 109(h)(4). 

Date: January 28, 2016 Respectfully submitted, 

SUROVELL, ISAACS, PETERSEN, & LEVY 

PLC 

__/s/ Nathan D. Baney___________ 

Nathan D. Baney, Esq. (V.S.B. No. 75935) 

4010 University Ave., 2nd Floor 

Fairfax, Virginia 22030 

Direct: (703) 277-9768 

nbaney@siplfirm.com

Case 16-10289-BFK Doc 4 Filed 01/28/16 Entered 01/28/16 13:54:17 Desc Main

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2 

CERTIFICATE OF SERVICE 

 I HEREBY CERTIFY that on this, 28th day of January, 2016 that a true copy of the 

foregoing has been served via the Court’s CM/ECF system on all parties receiving notice 

thereunder including the following: 

United States Trustee, Region 4 

115 South Union Street, Suite 210 

Alexandria, Virginia 22314 

 ___/s/ Nathan D. Baney 

Case 16-10289-BFK Doc 4 Filed 01/28/16 Entered 01/28/16 13:54:17 Desc Main

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EXHIBIT
32.1





CERTIFICATION PURSUANT TO 18 U.S.C. 1350 AS
ADOPTED


PURSUANT
TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





In
connection with the Quarterly Report on Form 10-Q of Teleconnect Inc. (the
“Company”) for the quarter ended December 31, 2008, as filed with the Securities
and Exchange Commission on the date hereof (the Report), the undersigned Chief
Executive Officer and Chief Financial Officer of the Company each hereby
certify, pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that:





1. The
Report fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934; and





2. The
information contained in the Report fairly presents, in all material respects
the financial condition and results of operations of the Company.





October
26, 2009





By:
                /s/
      Dirk Benschop
                
                By:
                /s/
      Alfonso de BorbonDirk
      Benschop, Director,
                
                
                Alfonso
      de Borbon,Chief
      Executive Officer,
                
                
                Director,
      Chief AccountingPresident,
      and Treasurer
                
                
                and
      Financial Officer,Executive
      Vice President andChief
      Operating Officer
#### § 490.403 Applicability.

The section is only applicable to bridges carrying the NHS, which includes on- and off-ramps connected to the NHS.
#### United States National Bank of Holdrege v. Per Forstedt.

Filed June 4, 1902.

No. 11,922.

Bank: Other Corporation: Notice of Character of Transaction: Personnel of Workin0 Force. The rule is well settled that a bank or other corporation, being once charged with notice of the character of a transaction, continues to be affected by such notice, whatever changes may occur in the personnel of its working force.

Error from the district court for Phelps county, Tried below before Adams, J.

*Affirmed.*

*Gleney St. Glair*and *Charles St. Glair,*for plaintiff in error.

*A. J. Shafer, contra.*

Per Curiam.

This was an action by Per Forstedt against the United States National Bank of Holdrege to recover the penalty provided for in section 5198 of the national banking act. In our opinion there is no fairly debatable question in the case. The jury were well warranted in finding that the defendant knowingly contracted for and received interest in éxcess of ten per cent., and that the amount so received was at least fifty per cent, of the verdict and judgment. The contention of counsel for the bank that the bank officers who- actually received the last payments upon the usurious contract were not connected with the bank at the time the contract was made, and were therefore ignorant of the fact that it was tainted with usury, is, of course, without merit. The rule is that a bank or other corporation, being once charged with notice of the character of a transaction, continues to be affected by such notice what*856ever changes may occur in the personnel of its working force.

*Note.—Notice to*Corporation.—A corporation can not receive information or notice of any fact but through the senses of the members composing the corporation. Underwood, J., in *Lyne v. Bank of Kentucky,*5 J. J. Marsh. [Ky.], 545, 559.—Reporter.

The decision of the court is manifestly right and is

Affirmed.
§ 91.24 Grant distribution. ( a ) From the amounts appropriated under section 20108 of the Act to carry out sections 20103 and 20104 of the Act, the Assistant Attorney General shall reserve, to carry out this program— ( 1 ) 0.3 percent in each fiscal years 1996 and 1997; and
( 2 ) 0.2 percent in each of fiscal years 1998, 1999 and 2000.
( b ) From the amounts reserved under paragraph (a) of this section, the Assistant Attorney General may exercise discretion to award or supplement grants to such Indian Tribes and in such amounts as would best accomplish the purposes of the Act.
§ 1210.4 Adoption of zero tolerance law. ( a ) The Secretary shall withhold five percent of the amount required to be apportioned to any State under each of sections 104(b)(1), 104(b)(3) and 104(b)(5) of title 23, United States Code, on the first day of fiscal year 1999 if the State does not meet the requirements of this part on that date.
( b ) The Secretary shall withhold ten percent of the amount required to be apportioned to any State under each of sections 104(b)(1), 104(b)(3) and 104(b)(5) of title 23, United States Code, on the first day of fiscal year 2000 and any subsequent fiscal year if the State does not meet the requirements of this part on that date.
( c ) A State meets the requirements of this section if the State has enacted and is enforcing a law that considers an individual under the age of 21 who has a BAC of 0.02 percent or greater while operating a motor vehicle in the State to be driving while intoxicated or driving under the influence of alcohol. The law must: ( 1 ) Apply to all individuals under the age of 21;
( 2 ) Set a BAC of not higher than 0.02 percent as the legal limit;
( 3 ) Make operating a motor vehicle by an individual under age 21 above the legal limit a *per se* offense;
( 4 ) Provide for primary enforcement; and
( 5 ) Provide that license suspensions or revocations are authorized for any violation of the State zero tolerance law.
* This order is being entered by a quorum of this court

pursuant to 28 U.S.C. 46.

** Pursuant to 5 T H C IR

. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR

. R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 98-00091

IN RE: CHARLES ALAN MALOY, Petitioner

Motion for an Order Authorizing the Filing of a Successive Habeas Petition

(CR93-10013-02)

June 12, 1998

Before HIGGINBOTHAM and DENNIS, Circuit Judges. *

PER CURIAM: **

Charles Alan Maloy seeks an order authorizing him to file a

successive habeas petition in district court, pursuant to 28 U.S.C.

§2255. In support, Maloy contends that the Supreme Court announced

a new rule of constitutional law in B ailey v. U.S.
, 516 U.S. 1 3 7

(1995), which was made available on collateral review.

Virtually every court of appeal, inclu ding this court, has

concluded that Bailey did not announce a new rule of constitutional2

law, rather it merely interpreted a substantive criminal statute

using rules of Statutory construction. U .S. v. Gobert

, 139 F.3d

436, 438 (5th Cir. 1998); In re Dorsainvil , 119 F.3d 245, 249 (3d

Cir. 1997); U.S. v. Lorensten , 106 F.3d 279, 279 (9th Cir. 1997);

Triestman v. U.S.
, 124 F.3d 361, 369-70 (2d Cir. 1997); In re Vial

,
115 F.3d 1192, 1194-95 (4th Cir. 1997); Coleman v. U.S. , 106 F.3d

339, 341-42 (10th Cir. 1997); In re Blackshire

, 98 F.3d 1293, 1294

(11th Cir. 1996); Nunez v. U.S.
, 96 F.3d 990, 992 (7th Cir. 1996).

Therefore, Maloy has failed to satisfy the statutory requirements

to file a successive habeas petition as set forth in 28 U.S.C. §§

2255, 2244(b)(2), 2244(b)(3)(C).

DENIED.
Exhibit 32.1

CERTIFICATION PURSUANT TO 18 U.S.C SECTION 1350, AS ADOPTED

PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, Larry Franklin, President and Chief Executive Officer of Harte-Hanks,
Inc. (the Company), hereby certify that the accompanying report on Form 10-K for the year ended December 31, 2009 and filed with the Securities and Exchange Commission on the date hereof pursuant to Section 13 or
Section 15(d) of the Securities Exchange Act of 1934 (the Report) by the Company fully complies with the requirements of those sections.

I further certify that, based on my knowledge, the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.



|              |  |                                      
|------------- |  | -------------------------------------
|March 3, 2010 |  | /s/ Larry Franklin                   
|Date          |  | Larry Franklin                       
|              |  | President and Chief Executive Officer

Note: This
certification accompanies the Report pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of Section 18 of the
Securities Exchange Act of 1934, as amended.
S. J. Res. 65 

One Hundred Sixteenth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Friday, 

the third day of January, two thousand and twenty 

Joint Resolution 

Providing for the reappointment of John Fahey as a citizen regent of the Board 

of Regents of the Smithsonian Institution. 

Resolved by the Senate and House of Representatives of the

United States of America in Congress assembled, That, in accordance with section 5581 of the Revised Statutes (20 U.S.C. 43), 

the vacancy on the Board of Regents of the Smithsonian Institution, 

in the class other than Members of Congress, occurring by reason 

of the expiration of the term of John Fahey of Massachusetts 

on February 20, 2020, is filled by the reappointment of the incumbent. The reappointment is for a term of six years, beginning 

on the later of February 20, 2020, or the date of the enactment 

of this joint resolution. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.
### §410nnn–3. Land acquisition

Within the historical park, the Secretary is authorized to acquire lands and interest in lands by donation, purchase with donated or appropriated funds, or exchange. Lands or interests in lands owned by the State of Texas or political subdivisions thereof may be acquired only by donation.

(Pub. L. 102–304, §5, June 23, 1992, 106 Stat. 257; Pub. L. 111–11, title VII, §7113(a)(3)(C), Mar. 30, 2009, 123 Stat. 1202.)

#### **Editorial Notes**

#### Amendments

2009—Pub. L. 111–11 substituted "historical park" for "historic site".
§ 94.122 Expressly unallowable sub-recipient costs. Notwithstanding any other provision of this subpart, no VOCA funds may be used to fund or support the following: ( a ) *Lobbying* —Lobbying or advocacy activities with respect to legislation or to administrative changes to regulations or administrative policy (*cf.* 18 U.S.C. 1913), whether conducted directly or indirectly;
( b ) *Research and studies* —Research and studies, except for project evaluation under § 94.121(j);
( c ) *Active investigation and prosecution of criminal activities* —The active investigation and prosecution of criminal activity, except for the provision of victim assistance services (*e.g.,* emotional support, advocacy, and legal services) to crime victims, under § 94.119, during such investigation and prosecution;
( d ) *Fundraising* —Any activities related to fundraising, except for fee-based, or similar, program income authorized by the SAA under this subpart.
( e ) *Capital expenses* —Capital improvements; property losses and expenses; real estate purchases; mortgage payments; and construction (except as specifically allowed elsewhere in this subpart).
( f ) *Compensation for victims of crime* —Reimbursement of crime victims for expenses incurred as a result of a crime, except as otherwise allowed by other provisions of this subpart;
( g ) *Medical care* —Medical care, except as otherwise allowed by other provisions of this subpart; and
( h ) *Salaries and expenses of management* —Salaries, benefits, fees, furniture, equipment, and other expenses of executive directors, board members, and other administrators (except as specifically allowed elsewhere in this subpart).
#### § 814.12 Non-waiver of rights by payments.

An employee's involuntary payment, of all or any portion of a debt being collected under 5 U.S.C. 5514 must not be construed as a waiver of any rights which the employee may have under 5 U.S.C. 5514 or any other provision of contract or law, unless there are statutory or contractual provisions to the contrary.
§ 140.805 Definitions. ( a ) *Project related audits.* Audits which directly benefit Federal-aid highway projects. Audits performed in accordance with the requirements of 23 CFR part 12, audits of third party contract costs, and other audits providing assurance that a recipient has complied with FHWA regulations are all considered project related audits. Audits benefiting only nonfederal projects, those performed for SHA management use only, or those serving similar nonfederal purposes are not considered project related.
( b ) *Third party contract costs.* Project related costs incurred by railroads, utilities, consultants, governmental instrumentalities, universities, nonprofit organizations, construction contractors (force account work), and organizations engaged in right-of-way studies, planning, research, or related activities where the terms of a proposal or contract (including lump sum) necessitate an audit. Construction contracts (except force account work) are not included in this group.
T hi s di s pos i t i on i s notappr opr i a t e f orpubl i c a t i on and i s notpr e c e de nt * e xc e pta s pr ovi de d by9th C i r . R . 36- 3.

T he pa ne l una ni m ous l yc onc l ude s thi s c a s e i s s ui t abl e f orde c i s i on ** w ith o u t o r a l a r g u m e n t. See F ed. R . A pp . P . 34 (a )( 2). NOT F OR P UB L I CAT I ON UN I TE D STATE S C OU RT OF APPE ALS FOR T HE NI NTH CI RC UI T UN I T E D S T AT E S OF AME R I C A, P l ai nt i ff

- A pp el l ee , v. C HR I S T OP HE R J AME S WE I C K, D e f

e n d a n t - A p p e lla n t. N o. 10- 50322 D. C . No . 3 : 0 9 - c r - 0 4 6 3 5 - WQH ME MOR AN DU M *

A pp ea l fr om the U ni t ed S t at es D i stri ctC ou rt f o rth e S o u th e rn D is tr ic t o f C a lif o rn ia W i l l i a m Q . H a y e s , D i s tr i c tJ udge , P r e s i di ng S ubm i tt e d M a r c h 8, 2011 ** B e f o r e : F A R R I S , L E A V Y , a n d B Y B E E , C ir c u it J u d g e s . C hri st op her J am es W ei ck appeal s f rom the 15 -m on th sent ence i m po se d fol l ow i ng hi s gui l ty- pl eaconv i ct i on for bei ng a deport ed al i en foun d i n the U ni t ed St a t e s , i n v i o l a t i o n o f

8 U . S. C. § 1 3 2 6 ( a ) . W e h a v e j u r i s d i c t i o n u n d e r2 8 U . S. C. § 1 2 9 1 , a n d w e a f

f i rm. 

# FI LED MA R 15 2011 M OLLY C. DW Y ER, CLERK U . S. C O U R T OF APPE ALS10- 50322 2 W ei ck cont ends thatthe di stri ctcourterre d b y i m po si ng a 12-l evel up w ar d adj ustm entbase d o n a pri or fe l on y drug tra ff i cki ng offe nse, because the evi dence i nd i ca t ed thathe se rved no pri son o r j ai l t i m e f or thatoffe nse. T he on l y e vi dence of f e r e d t o s upportthi s c ont e nt i on i s W e i c k’ s ow n s t a t e m e nt s m a de dur i ng a l l oc ut i on. T he di s tr i c tc ourtdi d note rr , l e ta l one pl a i nl ye rr , byr e l y i ng on the pres ent ence re po rtand the go vernm ent ’ s s ent enci ng do cum ent s t o con cl ud e that W e ic ks e rv e d s o m e tim e in c u s to d yf o rth is c o n v ic tio n . See U ni ted States v. M ar i n- C ue v as , 1 4 7 F .3 d 8 8 9 , 8 9 4 - 9 5 ( 9 th C ir . 1 9 9 8 ) . T he re cord ref

l ec t s thatthe di stri ctcourtdi d n ototherw i se procedural l y e rr , a nd the be l ow - G ui de l i ne s s e nt e nc e i s s ubs t a nt i ve l yr e a s onabl e unde rthe t ot a l i tyof th e c ir c u m s ta n c e s . See G al l v. U ni ted States , 5 5 2 U .S . 3 8 , 5 1 ( 2 0 0 7 ) ; see a l so U n ite d S ta te s v . Ca r ty , 5 2 0 F .3 d 9 8 4 , 9 9 1 - 9 3 ( 9 th C ir . 2 0 0 8 ) ( e n b a n c ) . AF F I RME D.
### §410iiii. Definitions

In this subchapter:

#### (1) Affiliated area

The term "affiliated area" means a site associated with a court case included in Brown v. Board of Education of Topeka described in paragraph (8), (9), or (10) of section 410iiii–1(a) of this title that is designated as an affiliated area of the National Park System by section 410iiii–5(a) of this title.

#### (2) Historical park

The term "historical park" means the Brown v. Board of Education National Historical Park as established in section 410iiii–2 of this title.

#### (3) Secretary

The term "Secretary" means the Secretary of the Interior.

(Pub. L. 102–525, title I, §101, Oct. 26, 1992, 106 Stat. 3438; Pub. L. 117–123, §§2(c)(2), (4), 3(b), May 12, 2022, 136 Stat. 1196.)

#### **Editorial Notes**

#### Amendments

2022—Pub. L. 117–123, §3(b)(1), substituted "In this subchapter:" for "As used in this subchapter—" in introductory provisions.

Par. (1). Pub. L. 117–123, §3(b)(5), added par. (1). Former par. (1) redesignated (3).

Pub. L. 117–123, §3(b)(2)–(4), inserted heading, substituted "The term" for "the term", and subsequently redesignated par. (1) as (3).

Par. (2). Pub. L. 117–123, §3(b)(3), inserted heading.

Pub. L. 117–123, §2(c)(2), (4), substituted "historical park" for "historic site" and "National Historical Park" for "National Historic Site".

Par. (3). Pub. L. 117–123, §3(b)(4), redesignated par. (1) as (3).

#### **Statutory Notes and Related Subsidiaries**

#### Short Title of 2022 Amendment

Pub. L. 117–123, §1, May 12, 2022, 136 Stat. 1196, provided that: "This Act [enacting section 410iiii–5 of this title, amending this section and sections 410iiii–1 to 410iiii–4 and 410iiii–6 of this title, and enacting provisions set out as notes under this section] may be cited as the 'Brown v. Board of Education National Historical Park Expansion and Redesignation Act'."

#### Redesignation of the Brown v. Board of Education National Historical Park; References

Pub. L. 117–123, §2(a), (b), May 12, 2022, 136 Stat. 1196, provided that:

"(a) In General.—The Brown v. Board of Education National Historic Site established by section 103(a) of Public Law 102–525 (106 Stat. 3439) [16 U.S.C. 410iiii–2(a)] shall be known and designated as the 'Brown v. Board of Education National Historical Park'.

"(b) References.—Any reference in any law, regulation, document, record, map, or other paper of the United States to the Brown v. Board of Education National Historic Site shall be considered to be a reference to the 'Brown v. Board of Education National Historical Park'."

#### Purpose for Expansion of the Brown v. Board of Education National Historical Park and Establishment of Affiliated Areas

Pub. L. 117–123, §3(a), May 12, 2022, 136 Stat. 1196, provided that: "The purpose of this section [enacting section 410iiii–5 of this title and amending this section and sections 410iiii–1 to 410iiii–4 and 410iiii–6 of this title] is to honor the civil rights stories of struggle, perseverance, and activism in the pursuit of education equity."
Order filed March 26, 2020

.

In The



## Fourteenth Court of Appeals

____________

NO. 14

- 19

- 00997

- CV

___________

MICHAEL SCROGGINS D/B/A 2 WHEEL CITY, KEVIN EARL HUGHES

AND WALTHER NAHUN PENA , Appellant

V.

CTC FINANCIAL, LLC , Appellee

On Appe al from Co unty Civil C our t at Law No

. 1

Harris County, Texas

Trial Court Cause No. 541012101

O R D E R

No reporter’s record has been filed in this case. The official court reporter

for Co unty Civil C our t at Law No

. 1 informed this court that appellant had not

made arrangements for payment for the reporter’s record. On December 18, 20 1 9

,

the clerk of this court notified appellant that we would consider and decide those

issues that do not require a reporter ’ s record unless appellant, within 15 days of

n otice, provided this cour t with proof of payment for the record. See T ex. R. App

.

P. 37.3(c). Appellant filed no reply.Accordingly, we order appellant to file a brief in this appeal within thirty

days of the date of this order. If appellant fails to c omply with this order, th e court

will dismiss the appeal for want of prosecution. See Tex. R. App. P. 42.3(b).

PER CURIAM

Panel c onsists of Chief Justice Frost and Justices Jewell and Spain.
### §444. Petrified Forest National Monument; elimination of private holdings of land within boundaries; exchange of lands

The Secretary of the Interior, for the purpose of eliminating private holdings of land within the Petrified Forest National Monument, Arizona, is empowered, in his discretion, to obtain for the United States the complete title to any or all of the lands held in private ownership within the boundaries of the Petrified Forest National Monument, Arizona, as now or as may be hereafter defined, by accepting from the owners of such privately owned lands complete relinquishment thereof and by granting and patenting to such owners in exchange therefor, in each instance, like public lands of equal value situated in Navajo and/or Apache Counties, in the State of Arizona, after due notice of the proposed exchange has been given by publication for not less than thirty days in the counties where the lands proposed to be exchanged or taken in exchange are located: Provided, That the Secretary of the Interior shall, on application or otherwise, designate public lands located outside the extreme boundaries of the said monument subject to exchange under this section which are, in his opinion, chiefly valuable for grazing and raising forage crops, do not contain merchantable timber, are not susceptible of irrigation from any known source of water supply, and are of character similar to the privately owned lands offered in exchange.

(May 14, 1930, ch. 271, §1, 46 Stat. 278.)

#### **Statutory Notes and Related Subsidiaries**

#### Disestablishment of Petrified Forest National Monument

Disestablishment of Petrified Forest National Monument upon establishment of Petrified Forest National Park, see section 119 of this title.
#### § 115.365 Coordinated response.

The facility shall develop a written institutional plan to coordinate actions taken in response to an incident of sexual abuse among staff first responders, medical and mental health practitioners, investigators, and facility leadership.