Latest news with #Beall
Forbes
19 hours ago
- Business
- Forbes
Charging Order In Ohio Casualty Illustrates Ancillary Orders
Judges have inherent power to issue orders to give effect to their previous orders. getty The case of Ohio Casualty Ins. Co. v. Beall, 2025 WL 726860 ( March 6, 2025), is a very simple one as far as charging orders go. The creditor got a judgment close to $500,000 against husband and wife debtors. As part of its efforts to collect on the judgment, the creditor obtained a charging order against four limited liability companies that the couple owned. So far, nothing special. More interesting was that while they were being sued prior to judgment, the debtors transferred real estate that they owned into the LLCs and that three of the LLCs were formed after the case against them had been filed. Thus, the creditor requested and the court granted an injunction which prohibited the debtors from transferring away their membership interests in the LLCs until the judgment had been satisfied. This brings up a variety of interesting issues. The first issue is that the court did not cite any authority for the injunction that it issued, but it had good grounds to do so. Section 503(b) of the Uniform Limited Liability Company Act ("ULLCA") empowers a court to "make all other orders necessary to give effect to the charging order." The two words "give effect" have been very liberally interpreted by the courts to effectively give the courts carte blanche to enter whatever ancillary orders are necessary to fulfill the purposes of the charging order. This would include the entering of an injunction forbidding debtors from alienating their interests. Even if § 503(b) did not exist, courts typically have general powers that allow them to issue ancillary orders to give effect to the orders that they have issued, so long as those ancillary orders are reasonably necessary to effectuate the primary order and are reasonably crafted towards that end. These general powers are usually found in some very general statute or court rule, but if not then the court still has the inherent power to enter such orders. But let's say that the court here had declined to enter the injunction sought by the creditor, and after the charging order was entered the debtors had transferred away their interests. Would the creditor then just be totally out of luck in enforcing the charging order? No. Under ULLCA 503(a), the entry of a charging order creates a lien in favor of the creditor upon the debtor/member's interest in the LLC. This lien, which is both a judicial lien and a non-consensual lien , has the same effect of any other lien ― which means that the lien attaches to the interest and follows the interest no matter who ends up with it. This means that if the debtors here had sold their interests, or gifted their interests to charity, etc., after the entry of the charging order, then no matter who took the interest the creditor could still enforce the charging order and receive all distributions until the judgment has been satisfied. What this means is that getting an injunction prohibiting the debtors' alienation of their interests was a nice thing, and certainly should deter the debtors from trying under penalty of contempt, the creditor would have been able to collect distributions anyway. Oh, and if you are wondering, this lien effect would also apply to a bona fide purchaser in good faith for value . That such a purchaser may be able to defeat a lien is a Uniform Commercial Code ("UCC") rule, but it only applies to UCC cases and does not apply to judicial liens. The upshot of this is that a person who buys an LLC interest better make sure that there is no charging order on the interest because no matter how in good faith the purchaser was, and no matter how much the purchaser paid in value, the purchaser will still be behind the charging order creditor in receiving distributions. Shifting gears, it is also worth noting that when debtors transfer property to an LLC while there is litigation pending, that might be a voidable transaction (was fraudulent transfer, which itself was fraudulent conveyance). Persons fearing a future judgment often make this sort of transfer with the theory ― and I stress theory ― being that the transfer should be immune to a voidable transaction claim on the basis that the debtor got back an LLC interest that was roughly equivalent to the value of the property transferred, i.e., there was reasonably equivalent value present. Except that it doesn't work that way with LLC interests. The first problem is that the property-for-interest exchange is not for reasonably equivalent value because the LLC interest is worth much less than the property because of (you probably guessed it) the charging order protection for the LLC interest. The second problem is that the LLC is almost always owned by the debtor or involved with the debtor somehow, such as through some trust arrangement, such that the debtor's knowledge of the potential judgment operates to destroy the good faith element. Folks in dire financial straits, what we creditor rights attorneys call desperate debtors , very often will engage in this particular tactic when a judgment looms on the horizon. They think it works, but it almost never does. All it really does is create some horrible optics that the debtor was actively trying to cheat her creditors, and then after that good luck ever getting a judge to cut a break.
Hamilton Spectator
7 days ago
- General
- Hamilton Spectator
RCM SAR crew responds to three marine incidents in two days
Volunteers with Royal Canadian Marine Search and Rescue Unit 14 (RCMSAR14) were called into action three times over two days last week, responding to a jetskier in distress and two separate incidents during their open house event. 'It turned into a real-time demonstration of the skill, commitment, and readiness of our volunteer crew,' Morgan Beall, a spokesperson for the unit, told Coast Reporter. The evening of July 18, RCMSAR14 responded to an emergency near Roberts Creek. 'At about 9:30 p.m. we were dispatched to search for a jetskier that had broken down somewhere off the shore of Roberts Creek,' Ryan Brown, who served as coxswain on the mission, told Coast Reporter. 'The last known position was about 3km offshore.' Brown and a crew of four launched by 10 p.m. 'Within minutes, we spotted a faint light from an unknown source … At the same time, we had a target come up on radar that suggested the same location,' he said. 'At 22:35hrs, we had located the stricken Sea-doo with its sole operator and got him on board immediately,' Brown said. 'After about five hours on the water with the fading sun and increasing wind, he was already in mild hypothermia.' The man was wrapped in blankets, and his watercraft was towed to safety. Brown noted that the entirety of the call was 2.5 hours long and that it was completed without any serious incidents. The next day was an even busier one for volunteers. The first Saturday call came in as a possible Mayday near Home and Preston Islands, on the east side of Keats. 'Our crew launched quickly, searched the area thoroughly, and found no signs of distress,' Beall said. 'Thankfully, it was a false alarm.' Just as the crew returned to shore, they were dispatched again. 'This time to assist a 33' sailing vessel with possible engine failure off Popham Island,' Beall explained. 'With worsening weather and the vessel unable to navigate, our crew safely established a tow and brought the sailors into harbour, ensuring everyone got home safely.' Beall noted the timing of the incidents: 'Both of these missions happened in the midst of welcoming the public to our station during our open house; a day intended to showcase what we do.' Jordan Copp is Coast Reporter's civic and Indigenous affairs reporter. This reporting beat is made possible by the Local Journalism Initiative . Error! Sorry, there was an error processing your request. There was a problem with the recaptcha. Please try again. You may unsubscribe at any time. By signing up, you agree to our terms of use and privacy policy . This site is protected by reCAPTCHA and the Google privacy policy and terms of service apply. Want more of the latest from us? Sign up for more at our newsletter page .
Daily Mail
02-07-2025
- Science
- Daily Mail
Groundbreaking discovery in Egypt's Great Pyramid shatters view on how mysterious structure was built
Archaeologists have uncovered ancient inscriptions inside Egypt 's Great Pyramid that they say confirm who built the monument 4,500 years ago. Egyptologist Dr Zahi Hawass and his team recently explored a series of narrow chambers above the King's Chamber using imaging technology, finding never-before-seen markings left by work gangs from the 13th-century BC. They also unearthed tombs south of the pyramid, the eternal resting places of skilled laborers, complete with statues of workers muscling stones and 21 hieroglyphic titles like 'overseer of the side of the pyramid' and 'craftsman.' '[The discoveries] confirm that the builders were not slaves. If they had been, they would never have been buried in the shadow of the pyramids,' Dr Hawass said during an episode of the Matt Beall Limitless podcast. 'Slaves would not have prepared their tombs for eternity, like kings and queens did, inside these tombs.' The idea that slaves built the pyramids traces back to the ancient Greek historian Herodotus, who wrote in 440 BC that 100,000 slaves worked in three-month shifts over 20 years. shifts. The latest findings also shed light on how the pyramid was built, revealing that limestone from a quarry just 1,000 feet away was hauled to the site using a rubble-and-mud ramp, remnants of which were found southwest of the monument. Dr Hawass is now working on a new expedition, funded by Beall, which will send a robot into the Great Pyramid's 'Big Void', marking the first excavation of the structure in modern history. The Great Pyramid of Giza is the largest Egyptian pyramid and was constructed by Pharaoh Khufu, who ruled during the Fourth Dynasty of the Old Kingdom. It is also one of three within the Giza plateau, the other two include the Pyramid of Khafre and the Pyramid of Menkaure, as well as the Great Sphinx. All shrouded in mystery due to their unclear construction methods, precise astronomical alignment and still-debated purpose. Inscriptions were previously found inside the Great Pyramid during the 19th century, sparking debate that the writings were forged hundreds of years after it was built. 'There was some debate on whether or not that could be a forgery, but now you're saying that you've discovered three more cartes within the King's Chamber,' Beall asked Dr Hawass. The archaeologist then showed images never shared with the public, showing the names. 'They were found in chambers that are difficult and dangerous to access, and they use writing styles that only trained Egyptologists can accurately interpret,' said Dr Hawass. 'It's nearly impossible that someone in recent times could have forged something like this. You must climb about 45 feet and crawl through tight spaces to even reach those chambers.' The archaeologist admitted that some European visitors managed to enter and left their names scratched into the stone in the late 18th and 19th centuries. 'But the inscriptions we found are clearly much older, original graffiti from ancient Egyptian workers,' Dr Hawass added. Alongside these inscriptions, the second major discovery was the tombs of the pyramid builders. Dr Hawass and his team found tools inside the tombs, such as flint tools and pounding stones that would have been used in the Great Pyramid's construction. 'The base of the Great Pyramid is made from solid bedrock, carved 28 feet deep into the ground,' he said. 'This means that after marking the square base, the builders cut down into all four sides of the rock until they created a level platform of solid stone, no blocks, just bedrock. You can still see this today on the south side of Khufu's pyramid.' He continued to explain that the workers operated in teams, some cut the stones, others shaped them and the rest transported the material using wooden sleds pulled over the sand.' He added that the rocks were then moved using ramps, which the archaeologist said he found evidence of. 'The ramp had to come from the southwest corner of the pyramid and connect to the quarry,' said Dr Hawass, 'We excavated this area, and in the site labeled C2, we found remnants of the ramp, stone rubble mixed with sand and mud. When the ramp was dismantled, they didn't remove every trace, and what was left behind is what we uncovered.' The conversation switched to the upcoming exploration of the Big Void, which Dr Hawass is leading. ' I am funding the exploration of the Big Void,' Beall said, adding that he is helping the team build the robot for the mission. The podcaster explained that they were working on a robot, no larger than a centimeter, which will travel through a tiny hole drilled into the side of the Great Pyramid. The Big Void, discovered in 2017, stretches for at least 100 feet above the Grand Gallery, an ascending corridor that links the Queen's chamber to the King's in the heart of the pyramid. Dr Hawass believes he will locate the lost tomb of Khufu inside the void. 'I think it's unlikely that it's a tomb, just because there's never been a tomb,' Beall said. 'There's never been a Pharaoh discovered in any of these in any of the main pyramids ever.' The excavation is slated for around January or February next year.
Miami Herald
06-05-2025
- Business
- Miami Herald
Patriot Payroll Named 'Best Customer Support,' 'Best Value,' and More by Gartner Digital Markets
Press Releases Patriot Payroll Named 'Best Customer Support,' 'Best Value,' and More by Gartner Digital Markets Review platforms Software Advice, Capterra, and GetApp-all owned by Gartner Digital Markets-have recognized Patriot Software as one of the highest-rated payroll systems, based on user reviews. Patriot Payroll® has been recognized with multiple 2025 "Best Of" badges from review site, Gartner Digital Markets. Most prominently, Patriot Payroll has been rated "Best Customer Support" and "Best Value." "This kind of recognition is our favorite, as it comes directly from our customers - hardworking small business owners - who rely on us to take the hassle out of payroll," says Sam Beall, Head of Operations. Gartner awards badges to products that earn ratings in the top 25% in their categories from verified users for functionality, customer support, and more. The "Best Of" badges are based on reviews and ratings from users with experience using Patriot's payroll software . Patriot Software received the following 2025 badges from Gartner platforms in the "payroll" category: Best Customer Support (Software Advice) Best Value (Capterra) Best Functionality & Features (GetApp) The combination of best customer support, value, and functionality and features badges is a testament to Patriot's commitment to providing fast, simple, and affordable payroll software-backed by 100% U.S.-customer support. "When our customers are happy, we're happy," Beall continued. "But that doesn't mean we can get lazy! We need to defend our title and prove just why our payroll is the best value with the best customer support." Visit to learn more about Patriot's award-winning payroll software. ### About Patriot Software Patriot Software is disrupting the accounting and payroll industries with its low prices, highest customer reviews, and award-winning software. Patriot offers cloud-based accounting, payroll , HR, and time and attendance software solutions that help American businesses with up to 500 employees simplify their administrative tasks. Patriot's US-based customer support team provides a personal touch that most software companies lack today. The company has been serving tens of thousands of businesses nationwide since 2002. For more information, please contact: Rachel Blakely-Gray Content Manager marketing@ SOURCE: PATRIOT SOFTWARE LLC
Yahoo
26-04-2025
- General
- Yahoo
FCPS awarded $40K grant for environmental literacy and sustainability plan
Frederick County Public Schools was awarded a $40,000 grant to create a comprehensive environmental literacy and sustainability plan. The Chesapeake Bay Trust awarded the money last month to the school district. Colleen Beall, secondary science curriculum specialist for FCPS, said in an interview on Thursday that the district has been trying to refocus on environmental literacy and sustainability over the past year. She said the goal of the plan is to increase educators' ability to teach environmental education, and to standardize sustainability efforts districtwide. "We've really grown to make sure that curriculum and facilities are working together to support our schools and teachers," Beall said. She added that another goal is to increase the number of Maryland Green Certified schools in FCPS. The Maryland Green School Program recognizes schools across the state that include environmental education in their curricula. FCPS currently has 13 Green Certified schools * Butterfly Ridge Elementary * Carroll Creek Montessori Public Charter * Catoctin High * Frederick High * Lincoln Elementary * Middletown High * Myersville Elementary * Oakdale High * Sabillasville Environmental * Sugarloaf Elementary * Urbana High * Windsor Knolls Middle * Wolfsville Elementary Beall said the grant program runs through December 2026, and the school district will have a comprehensive plan created before then. "We also want to just formalize our procedures for engaging with all of our community partners because we have some amazing community partners who want to support us," she said. "We just want to make sure that we're all communicating. So, it's just very exciting and helps us keep our momentum going."
