Maryland

by

Fun Bankruptcy Case

MEMORANDUM AND ORDER

MERRITT S. DEITZ, Jr., Bankruptcy Judge.

Is a bus a bus, or is it a car?
Reluctantly we conclude that it is a car.
Bankruptcy petitioner, Theodore Roosevelt Johnson, Sr., has claimed as exempt his 1969 Dodge bus. The bus has a seating capacity of 60 passengers. Upon it are occasionally transported members of Johnson’s church congregation.
The trustee vehemently objects. He points to the state exemption statute, KRS 427.010, which in pertinent part permits the exemption of “one motor vehicle and its necessary accessories, including one spare tire, not exceeding $2,500 in value…”
The trustee patiently explains that the legislature intended the term “motor vehicle” to be synonymous with “automobile”.
Enacted in 1980, the statute excluded earlier statutory limits upon the uses to which a motor vehicle might be put, so we must cast altogether aside the trustee’s concern with the voluminous seating capacity of the behemoth. The record is silent on the size of the petitioner’s family and their transportation needs.
Is a Moped a motor vehicle? What would the licensing arm of the state Department of Transportation say to the contention that a bus is not a motor vehicle? What would Gertrude Stein have to say about what a motor vehicle is?
Such rhetorical questions having been considered, we are bold to say that a bus is a motor vehicle.
In our dialectic, during this era of motorized evolution, we are inclined to regard the “bus” and the “automobile” as species of  the genus, “motor vehicle”.
This Bankruptcy Court is answerable to an appellate forum of literal bent. That is good, for it gives us guidance and certainty in ascribing to the legislature the ability to express its intent in clear, simple, precise English.
As this trustee will recall, District Judge Thomas Ballantine, in reviewing a decision of this court, recently held that a statutory 15-day limitation upon the recording of chattel mortgages imposed a recording limitation not of indeterminate length, as was contended, but a limitation of 15 days.
Guided by that clarity of perception, we find with conviction that a motor vehicle is a motor vehicle, and not necessarily an automobile. We expressly reserve, until it is properly presented, any consideration of the reverse proposition that an automobile is neither a bus nor a motor vehicle.
Abundantly confident that this opinion will find its way alongside Marbury v. Madison and McCulloch v. Maryland in the  lasting library of legal logic, it is hereby
ORDERED that Theodore Roosevelt Johnson, Sr. is entitled to the claimed exemption, and the trustee shall comport his activities accordingly in administration of the estate.

Bkr. Ky. 1981.
In re Johnson
14 B.R. 14

There was another case about whether a tractor-lawnmower could be classified as ‘household furniture”.  But the judge doesn’t have as much fun with it as the above judge did.  Check it out.  169 B.R. 732

by

Philadelphia

I have just added nearly 70 more pictures to the newest album.  It is the 2008 album and has been appropriately named.  As we continue through the year, I will do like I did with the Virginia Living album and put the most recent photos at the front.
The pictures all come from our most recent trip to Washington, D.C. and Philadelphia.  There are photographs from the U.S. Capitol, Washington Cathedral, Independence Hall, Congress Hall, Carpenter’s Hall, and other sites in Philadelphia.  Amanda and I drove up Thursday evening to Kensington, Maryland and stayed with my Uncle Donald and Aunt Lolane Andra.  We worked in the Washington D.C. Temple Friday morning and then went to visit the Capitol and Cathedral.  Saturday morning we arose early and drove to Philadelphia by way of Delaware and New Jersey.  Philadelphia for the most part was a beautiful day.  It was a bit brisk at moments but they were not long lasting.
We were fortunate to not have any long lines for us to wait.  We entered most of the buildings very quickly and in some instances had the building almost to ourselves.
It was a great little get away weekend.  This coming weekend we are headed off to Williamsburg.  What will be in store for us there?
by

Report for Thanksgiving

Here is a short update of what has been happening the past few weeks.
Thanksgiving Day we spent at Uncle Don and Lolane Andra’s home in Kensington, Maryland.  We enjoyed a wonderful Thanksgiving meal with them and the rest of the Rock Creek Ward.  We really enjoyed ourselves although we did not get to take home any left overs.  They came down to Richmond that evening and spent Friday through Monday with us.  Amanda took them to Monticello, we went to Jamestown Settlement on Saturday, Sunday we toured some of Richmond, and Monday we went to Shirley Plantation.  The highlight in the whole thing was taking them to church with us and meeting up for lunch with Sister Andra on Monday.  Sister Andra is Donald’s brother’s granddaughter, my second cousin.  It was a new idea for me to be at lunch with three missionaries and they are all related to me!  Please notice the picture I posted of us in the Virginia Living and Andra Family Albums.
Amanda has been a little stressed with finals coming this week.  So there has been a juggling act of sorts here at the Ross apartment.  I put my first application in for law school last night.  We we start the mad rush of applications and then the hurry up and wait game.  I guess I better start putting some more effort into securing employment after the new year.
In other news, I received a message from the detective for mother’s case.  I very much appreciate his goodness and comments.  I did have a few questions to ask of him and I hope he will respond.  Perhaps we can put to rest a few questions I have had lingering over these years.
by

Visit from Grands

This week brought some happy differences from the mundane run.  Not at all to give the impression that life is mundane though.  The longer I live, the more I realize it is just like beauty, all in the life of the beholder.  There are those people wandering their lives thinking they are a nobody and with nothing great in their character or soul.  Then there are those people who find fascination, excitement, and life in all there is about them.  They are a different breed.

Somehow, I feel like in Richmond, I walk through a load of people with no excitement in their lives.  Life is a labyrinth for them to wander and walk.  There are so few who are in it for the game, and the experience.

The great Samuel Clemens, a fascinating man.  One who watched the every move of those about him with great detail.  Their every movement captured their personality for him.  That is one of the things that made him such a great writer.  He was able to take those little details and wind them into a story and make the characters that much more real. 

Suppose it would be the experience of the riverboat pilot which would teach you even more closely to watch the details of the water.  The slightest quiver could mean life or death.  Just his assumed name of Mark Twain shows a certain yearning.

Earlier this week I was able to pick the brain of a man who I found to be very fascinating.  A silent man in the past, but who gave voice this week.  I wanted to hear his story.  So I started to inquire and found some wonderful stories.

Having William Borah fresh on my mind, I was thinking of the honour of the President of the United States coming to visit you in your home state.  Senator Borah toured with him and introduced him to all audiences that he was presented before.  For some reason this has really lingered with me the past weeks.  President Roosevelt paying one of the greatest honours to a man of the opposite party.  President Franklin Roosevelt went to Republican Idaho and toured with its Senator.  It also showed the distinction of Senator Borah.  This really has hit home with the latest election.

So it was with greatest delight that I wandered through the mind and history of Mel Thompson.  Learning he moved with his family to Nyssa, Oregon in the mid 30’s.  They moved up there and basically homesteaded a new territory.  Knowing many of my own family would move to that same area within the next 10 years I really sought to pick his brain. 

Family history and my delving into history met ironically in the mind of Mel.  He told of the experience when he was still in school that the President of the United States came to town.  Yes sir, little Nyssa, Oregon welcomed the President.  I knew who one of the men was who traveled with him, the same Senator Borah.

These stories come to life for me when I can go to the places these events happened.  But they come so much more alive when I know a person and can learn from firsthand experience.  Like sitting on the porch of the Price home in Malad, Idaho where Senator Borah visited with Helen Daniels Price’s father.

Having been to Nyssa several times in my life, the latest just in 2005 when I traveled out there with a visit to Parma.  The Amalgamated Sugar Factory, with which Dad was closely tied for a good 25 years.  Cannot forget the Sharp family members who moved, and some of which still live in Malheur County.  The Fort Boise replica is not far away either.  Oh, and the elusive Rhoda Christensen Davenport Pappas Halan who wrote letters from there, but that is the end of the story.  I have found no more.

All truth can be circumscribed into one great whole.  That truth certainly extends beyond the theoretical.  That truth engulfs us into it as well.  Funny thought, to consider ourselves the truth, but in essence all things are truth.  Whether we like or live it or not; even our lying is in truth and will be treated as such.  Our lives mingle, intertwine, and are very much related to each other.  How could one ever conceive that their actions don’t affect another?  President Roosevelt, Senator Borah, and in the school yard where the children were let out from class to go out to the street to see the President’s motorcade prove that point.  One of those children had a face, had a personality, and had the name of Melvin J Thompson.

Last weekend, we went to Washington to attend the temple, to see Amanda’s grandparents, and to witness of a baby blessing.  It was a great weekend, but turned even better when Amanda’s grandparents came to stay with us for an evening.  An honour I would be willing to give a lifetime to do with one of my sets of grandparents.  (I suppose I am giving a lifetime to do so!)  It will yet come to pass and I will cherish that day.

We attended the Washington Temple Saturday morning.  Amanda and I were asked to be the witness couple for the session.  That was our second time.  Shanna just thought that was something else.  I wish I could have done an endowment with any of my grandparents, living I mean.  It bothers me even still today my Grandfather, my only living grandparents, chose not to come to our sealing.  For what reason I do not know, and probably prefer not to know.  There again, how woven our lives are together.  That the mere presence, or absence thereof, would so affect me.  What if Mel Thompson had not been in the audience that day?  Who would ever have known?  Nobody would have known, but now I do.  Somehow it rings a siren to my soul and brings back me back to the reality of the past.  It seems so far distant sometimes.  But now that nameless face has altered my life some 70 years later.  Even further, all those who read this will be altered to one degree or another, by this events significance.  That says nothing of all the other individuals present that day.  How many of them told that experience later in life, how many wrote it down, how many family members recall that event today.  I would venture that at least one somewhere, somehow, even if from a recorded record.

Our families were tied a little more closely that day in Washington and the following convo.  The drive back to Richmond brought out the stories of childhood in Pingree, Idaho; Nyssa, Oregon; and Ogden, Utah.  The stories included excursions to the Pacific and World War II and running into Mel’s brother at Pearl Harbor from Air Craft Carrier #77 to his training at Farragut in northern Idaho.  His missing attendance at the Laie, Hawaii Temple by one day was told followed by his bouts in learning telegraphy for the railroad.  Even those appear to be the most ordinary have a life to tell.  Sadly, it is in the eye of the storyteller that plays just as much of a role as that of the listener.  The listener has to seek and find connections, living what is true empathy.  In return, the speaker has to give of himself in such a way for the other to experience it. 

Is it any wonder the gospel works the way it does?  Not only does one have to be prepared to receive, but the giver has to be prepared to give.  Otherwise neither will give nor receive and both will most certainly not be edified.  One side operating just doesn’t work.  It falls on deaf ears, or is droned out before even arriving at the other party.

Too often there are those who are giving for the wrong reasons make it strained.  Those who seek it for the wrong reasons ruin the experience.

Anyhow, it was a fascinating lesson, and I was able to come and grasp some more of the 60’s.  I have really struggled coming to understand the 70’s and 70’s.  I just cannot tell why.  Even though I was born in the late 70’s, there seems to have been some type of disconnect.I have been fully engulfed in Richmond, Utah in 1961 and 1962 through the eyes of Lillian Coley Jonas Bowcutt.  The lifestyle of a lady in her 60’s though just does not seem to portray the era.  Especially this is true in a community which was still very rural and in some ways behind the times.  I just cannot seem to get the culture of the time.  50’s, 40’s, 30’s, I feel like I have a very good grasp, like experiencing through proxy.  In stepping backwards farther, I struggle to back further and feel it is due to the 60’s and 70’s.  Honestly though, I have not much desire for that time.  I don’t know why.  So I push further back into the 20’s and 1800’s without it. 

Anyhow, I never really got to pick Shanna’s brain much.  I got Mel on such a roll that he was not about to give up his shine.  We both were so enjoying it while the others just slept, knitted, or did something else.  So I regret not picking apart Shanna’s past, which I am sure holds many interesting experiences and stories.  Perhaps another day, with the right experiences will open that book.

They spent the night, and we had breakfast together before Amanda went to school and I went to work.  Mel, Shanna, Dennis, and Gwen toured the Museum of the Confederacy and St. John’s Church.  We invited them for dinner, of which they accepted.  We made white chili for their dinner.  They loved it, we put it over rice with corn.  In the end, games and conversation were out as Dennis seemed not very desirous to stay.  So we bid them adieu and wished them well on their drive home.

It was an experience I will not soon forget.  It is a rare thing such experiences happen.  So much has to align for such events to occur.  A man I had viewed as so quiet proved to be very perceptive, keen, and wise.

I don’t like the tone of this little blog, so I think I will be leaving.  I feel like I am condescending or portraying some type of sage.  Which I am not attempting, but failing.  I am so weak at words it is frustration.  What I would not give to have the power and verse of Mark Twain or Hugh Nibley.

by

Ides of July

There is not loads to report for this week.  I have applied for probably nearly 50 jobs online.  I have an interview tomorrow for a position with Combined Insurance.  Who would have thought?  What are the chances? Grandma worked for Combined for 30 years.  I have in essence sold Combined Insurance for 6 months of my life.  That is probably the equivalent that I spent with Grandma out on the road selling insurance.  I sure loved it.  Funny what we remember isn’t it. 
There was a couple of times we went to Soda Springs to sell.  I remember the Caribou Lodge.  It was my first time going over, I must have been about 4-6 years old.  We were in the old 1974 two door Mercury Cougar.  What a car.  As we came down the pass from Lava Hot Springs we hit a pheasant.  The old car took it in the headlight cover.  So when we needed the light, we were Popeye into Soda.  Grandma liked the Red Baron pizza and she promised that she would treat me.  Accordingly, we went and bought one and took it back to the Caribou Lodge.  It was only then we realized that we did not have an oven.  Grandma went down, and knowing the owners well, asked if they would cook it.  They agreed and we ate Red Baron Pizza.  It sure was good.
This was my first time on the road selling with Grandma.  She had taken me several times to other places close like Kimberly, Twin Falls, Wendell, and American Falls. I always felt so loved.  She would buy me clothes and completely dress me for the week.  This week, she bought this little red suit that had zippers over the pockets.  It was a short sleeved shirt with shorts.  She gave me the permission to carry the money if I promised not to lose it.  So I would zip it up in my little pockets and keep it safe all the time.  Made me feel like a million bucks. 
Every morning we would get up and she would make oatmeal out of the packets.  She had a little warmer that you put in the coffee cup and it would boil the water in the cup.  She would pour the water in with the oatmeal and we had the little feast every morning.  She would comb and part my hair with a duck’s tail in the back.  I felt like a little prized doll the way she took care of me.
It was this same week that we stopped at this home to visit some people.  That is one thing I remember, we always had leads.  Grandma never knocked not knowing who lived there.  This house was on a corner or curve in the highway.  I could probably take you there today, even though I was only about 5.  We were sitting in the front room of the home and the people kept commenting on how adorable I was.  Being a little bashful I asked to go in the backyard.  I went out and stood at the back fence watching a baseball game.  Never had seen a baseball game.  I was thrilled, it was warm, slight breeze, and the shining metal baseball bat.  Our visit came to a close and they were begging Grandma in front of me if they could keep me.  She asked me if they could keep me and I remember breaking out in tears. They thought I was so much more adorable.  It would be funny to know who lived there and see if they even remember this.  I very much doubt it.
One of the best parts about being with Grandma and doing this insurance business was that when we set out to drive there, she would give me all the lead cards.  Sometimes there would be up to 200 of them.  It was my job to take a look at the map and figure out where things were.  Then I would go through and organize the lead cards according to street, and then line the streets up to area.  This was a big job coming to towns like Idaho Falls/Rexburg.  I remembered I became quite the pro.  The entire week we came back to the car, I could tell her the house number of the next house, and then would direct her how to get there.  I became a master at map reading and directions.  Even to this day, I can look at a map, get a good feel for where anything is, and I can know how to get where I need to go.  Coming to Richmond, I think Amanda is constantly amazed that I already know where everything is.  I already know the main streets, where they are, and where they go.  Even in church today, changing our ward boundaries, I knew all the roads they talked about.  This has been a great blessing to me.  All thanks to my beloved Grandmother, and Combined Insurance.
It is funny how much we remember.  At least me.  I have noticed that others are not so fortunate.  I remember that same week going to the sulfur mines and Grandma showing me where the Circle A trucks were.  She took me and showed me where my Uncle Doug lived at the time.  (Uncle Doug moved from there about 1987, which means I was definitely younger than 8.  I remember going to Grace, Idaho and Grandma showing me where Evan was raised.  I cannot take you there now, even though I have tried to find it.  Evan and Grandma divorced in 1987 as well.  I remember her taking me to the Minne Tonka caves, Bennington, Georgetown, and even little Niter.  Oddly, driving through Chesterfield a few years ago, it seemed too hauntingly familiar.  I still don’t know if it was from an expedition with Grandma or if it was for family history purposes.  (I did later find family history links)
This weekend we went to Northern Virginia.  Amanda and I have made a commitment to keep President Kimball’s challenge to the Saints that if circumstances permit, members should attend the temple at least once a month.  I have done this ever since I came home from my mission.  I have done it pretty well since I was endowed, except for several months in the mission when missionaries were not allowed to attend the temple.  Accordingly, Amanda and I needed to attend for the month of July and thought now was as good time as any.  We went up Friday night, stayed with Dennis and Gwen Thompson, who I lived with when I worked in Washington, D.C..  We spent the evening, caught up, and planned out Saturday.  Saturday, we went to the temple, dropped Miss Mandy Lundstrom off at the Baltimore Washington International Airport, drove to Annapolis, Maryland; and then crashed back at the Thompson home.  I did 15 initiatory at the temple and Amanda/Mandy both did a session.  We got lost getting there as we talked and passed every single junction for a free way.  Mandy was staying with the Thompson’s.  Oddly, she was the old girlfriend of Brad Hales, my good friend and old roommate.  She was going to ride the train from Springfield clear to BWI with all her luggage. Knowing how horrible that is, how much I hate traveling with luggage, I offered our services.  Plus she got to go to the temple one last time.  Amanda and I then ran to Annapolis to see the historic downtown.  Sadly, we got there 5 minutes after they closed the statehouse.  But we drove around a little longer.  The Maryland Capitol is the longest used Capitol in the U.S..  It has also served at the United States Capitol while the current one was being built.  It was in this very building that General George Washington resigned his commission of the Continental Army.  Wonderful history.  The College of St. John is right by as is the United States Naval Academy.  The town reminds me so much of Britain.  I love it.  I recommend all pay a visit there.  Go to the Capitol when it is open. I did last year and enjoyed it.
Anyhow, we came back to Richmond this morning and got ready and went to church.  They reorganized our ward, but as we did not know anyone, it did not make much difference to us.  At least we don’t have to attend another ward.  It was a good day.  At least we got a new lesson, no more of that adultery lesson we had for the last 3 weeks. 
by

Arrival in Virginia

We have safely arrived at our home in Glen Allen (Richmond) Virginia.  We have now unloaded the car and are in the process of putting things away.  Here in a while we will venture out to find food, tp (how rude to not leave any!), and find our way around some.  It will surely be an adventure as we have no idea where anything is. 
Today we left from Lexington, Virginia and drove here.
Last night we spent the evening with Evan and Amber Fetters.  They are friends of mine from USU.  They were the ones I visited last year in Baltimore, and we both keep crossing the country.
They took us on a little tour of Lexington.  I have to admit, it is such a beautiful town.  It has its character and maintains it.  I have to admit, I am leaning towards Washington and Lee University just as much as University of Virginia.  I loved it there.
We drove from Mt. Sterling, Kentucky yesterday.  West Virginia was beautiful.  We liked the gold domed capitol building.  Nothing too exciting other than that we jumped off of I-64 to skip the turnpike.  Since we are thrifty we decided we don’t like toll roads.  We took US-60 through some pretty serious back country.  It was very beautiful and added a few hours onto our trip.
The day before we drove for over 11 hours.  We drove from Branson through St. Louis, Illinois, Indiana, and northern Kentucky.  It was beautiful.
Anyhow, time to get back to work.  We have a house to organize.
by

February’s ending

Life continues to go on.  Things are going very well here in Provo, Utah.  Amanda and I are enjoying life and keeping busy.  I am working full time at Meier and Frank and enjoying my time there.  I look forward to each day and every day is different.  Amanda has just switched from DownEast Outfitters to Dillards.  I agree with many things at Dillards but admit we are much more human at Meier and Frank.  Macy’s Regional Representatives visited the store yesterday and they were very kind, willing to listen, and easy to get along with.  It was an enjoyable experience.  Things are laid back and good at M&F.  Dillards has this rule that if you are tardy 8 times in 6 months, you are fired.  Ouch!  Aren’t we humans? not machines?  Amanda keeps busy with school.  She had a chemistry test today that she was not very excited about.  On the way home, she doesn’t feel she did very well.  I am continuing with my LSAT Course.  I am feeling more confident in the possibilities with the test, but still am not showing the improvements I would like to see.  Soon enough, I hope.  We finished Numbers just a day or two ago.  We are now reading on in Deuteronomy, which is one of my favorite books of the entire Bible.  I love how personable Moses is and feel like I am sitting in a General Conference talk with it.  We are ahead of the reading for Sunday School, but will lose ground as the year goes on.  We will finish in November, but at some points will even be behind where the Gospel Doctrine class is.  Oh well.  Tonight we finish 2 Nephi.  We will finish the Book of Mormon in September.  It will be good to finish that early.  We will have an opportunity to read some other books that we agree on.  I would like to read the history of Joseph Smith by his mother together.  We will see what books Amanda has in mind.  Jesus the Christ sounds good, or Articles of Faith, or perhaps some of the manuals for Priesthood/Relief Society.
Anyhow, I am rambling on about what is happening in life.  Thought you would all like to know a few things and what is going on in my head and with Amanda.
One question that I am researching lately is this.  In a conversation with a friend, we had talked about capital punishment and the comment was brought up, “That is part of the Mosaic Law” and no longer applies.  Ringing in my mind was the line about the savior fulfilling, not destroying or removing.  The whole law was to point us to Christ, so is it all bad.  Is the entire Spirit of the Law void?  I do not believe so.  It seems to me that if the Mosaic Law were all void and null, then the 10 commandments would not have been repeated over and over in every other book of scripture.  Other than their performances and ordinances, it seems that it all still applies.  I keep reading and wondering.  That is one thing I am pondering about.  We shall see.  If it is still applicable, then that changes my view of government in a couple of ways.  The setup and functioning of government is changed in some ways.  It does not change or alter anything in the church, in fact, to me it seems to fortify it a great number of times.  I believe the Book of Mormon is vital to the church, but I believe the same of the Bible.  One is a restoration scripture, and vital to our times, but the other is vital to providing background and foundation on which the Book of Mormon builds.  Knowing and reading the Old Testament fortifies the teachings and application of the Book of Mormon.  Anyhow, this is one current subject of learning.
Lately I have also been wondering about family history.  There are many aspects of it that seem to strike me a little more forcefully.  Especially as I stumbled upon several albums which belonged to my Great Grandmother and Great Great Grandmother.  It has been very revealing.  It is amazing the power of a picture.  I have gone around and visited a load of family members, especially older members, to find out who some of the photos are.  There are probably two dozen photos which nobody is old enough to recognize.  Which I find is really sad.  These are interesting photos.  I have gone through and scanned all of them and have been e-mailing them out to family members.  I hope they are valuing what I am sending.  I may at some later point when I am done with them, post them all here on the blog.  We will see.  There are quite a few and it may take too much time.  We will see.
Well, I have to be going.  Life is great.  We are very abundantly blessed.  We are very fortunate.  I hope it continues.  Oh, Amanda has been accepted to University of Maryland-Baltimore.  We await word from Virginia Commonwealth University.  Also, Amanda and I have accepted a calling to team teach in primary.  The 5-6 years old if I remember right.