Mary Ann (Bailey) and William Sharp — son of Thomas Sharp and Elizabeth Cartwright
George and Ann (Matthews) Cartwright of Misson, Nottinghamshire, and Thomas and Anne (Stennett) Sharp of Misson, Nottinghamshire, announce the marriage of their daughter Elizabeth Cartwright to Thomas Sharp on 29 December 1823 at the parish church of St John the Baptist, Misson. The witnesses were Sarah Hunt and John Parkin.
The Cartwrights and the Sharps were both Misson families. The Cartwrights had been there for generations, Elizabeth’s grandfather John Cartwright (1730–1814) and grandmother Mary Amcoats (1742–1790) had married in Misson in 1761. Her father George Cartwright was baptized there on 3 February 1774. Her mother Ann Matthews was christened 14 September 1783 in Everton, Nottinghamshire, a village approximately eight miles southeast of Misson. Ann was the daughter of Edmund Matthews of Everton and his wife Hannah Broads, a widow who had previously been married to William Wilson of Everton. Edmund and Hannah had married in Everton on 21 May 1782. George Cartwright was nine years older than Ann Matthews. Their marriage banns were published on 23 January 1803 and they married on 1 February 1803, Elizabeth was born and baptized ten months later, on 20 December 1803. Ann Matthews Cartwright does not appear in subsequent census or other records. Her death date and burial place remain unknown.
The ties between the Sharp and Cartwright families ran deep in Misson. On the same day Thomas married Elizabeth, his brother William Sharp married Mary Cartwright, Elizabeth’s first cousin. A week earlier, on 22 December 1823, their brother John Sharp had married Ann Rather. Three Sharp brothers married in the same month of December 1823, two of them to first cousins from the same Cartwright family, all in the village of Misson.
Edmund Matthews’s will, made 27 November 1810 and proved 25 February 1820, names “Ann the wife of George Cartwright of Misson” as one of his two daughters and heirs. The estate included two tenements and dwellinghouses at Everton and a close called the Clay Field Close of approximately three acres. The will also left twenty pounds and a chest of drawers to Mary Brougham, Hannah’s daughter from her first marriage to William Wilson and Ann Matthews’s half-sister, just two years her senior. Mary Wilson had been a witness at Ann’s marriage to George Cartwright on 1 February 1803, and had married John Brougham in the years between that wedding and the writing of Edmund’s will in 1810. Under the will, Hannah received the life interest in the property. Only after Hannah’s death in September 1835 would Ann and her sister Elizabeth Matthews inherit their shares. Elizabeth Matthews had married William Brown in 1814. When William Brown died in 1846, Elizabeth returned to Everton, and her children maintained connections between Misson and Everton across the following generations. Annie Thompson records that George Beighton, whom Ann married in June 1823, gambled away her money at the Doncaster races. The timing is suggestive: Ann’s inheritance from the Matthews Everton estate would have arrived in 1835, twelve years after the Beighton marriage. If Beighton dissipated that inheritance at Doncaster, Elizabeth Cartwright Sharp, then 31 years old, would have witnessed it directly. The will is the source of the “wealth and refinement” tradition in Annie Thompson’s account, the Matthews family owned real property in Everton, modest but substantial for a labouring community.
Will of Edmund Matthews of Everton, Nottinghamshire, made 27 November 1810, proved 25 February 1820. Names “Ann the wife of George Cartwright of Misson” as heir.
The Sharps had traveled a longer road to Misson. Thomas Sharp’s father, Thomas Sharp Sr., was born on 18 September 1768 in Armthorpe, Yorkshire, a village three miles east of Doncaster. Thomas Sr was the son of John Edward Sharp (1730–1806) and Frances Fretwell (1733–1809). He married Anne Stennett on 3 November 1788 at Ewerby, Lincolnshire, approximately thirty-five miles southeast of Armthorpe. Anne had been born there on 30 July 1769, the daughter of John Barber Stennett and Lettice Housley. The family’s first children were born in Lincolnshire: Elizabeth at Ewerby on 9 July 1790, and Ann at Ewerby on 13 May 1792. The family then moved northward toward Yorkshire at some point in the 1790s, with the next confirmed records placing them in Cantley, Yorkshire by 1799.
Some researchers have linked a Thomas Sharp christened 1 November 1794 and an Elizabeth Sharp christened 5 December 1795, both in Stamford, Lincolnshire, to this family. However the connection is uncertain and unlikely. Stamford is approximately 30 miles from Ewerby and 65 miles from Cantley, a significant distance for a labouring family to travel. The Stamford Thomas was buried just seven days after his christening, on 8 November 1794, and the Stamford Elizabeth died in Stamford on 23 October 1799, age 4. Multiple Sharp families lived in Stamford at this period, making misidentification likely. Researcher Leanne Maynes, who has examined these records carefully, has noted the timeline does not fit comfortably with the family’s confirmed movements and has not incorporated these children into the family line. The records are noted here but not included in the family line pending further research.
How Thomas Sharp Sr. came to be in Ewerby, Lincolnshire, fifty-four miles from Armthorpe, is an open question. Agricultural labourers typically found work through hiring fairs held at Martinmas in local market towns, where employers hired workers for the coming season. Movement of two to three miles between hirings was typical for a day labourer. A farm servant who lived in with his employer could travel further, up to thirty miles from his home parish, but fifty-four miles was exceptional. Whether Thomas traveled by foot, by water along the River Don and Trent, or through some family or employer connection to Lincolnshire is not known. One possibility worth noting is that Elizabeth Sharp, who married William Duffin in Ewerby in June 1788, just months before Thomas married Ann Stennett there in November 1788, was also described as of that parish. Whether Elizabeth was a relative of Thomas who had preceded him to Ewerby, and whether a family connection brought Thomas there, remains an open question that further research into Lincolnshire records may eventually resolve.
The Misson parish register notes local agricultural disasters that give context to labour movement in the region. In the 1740s the cattle herds in the area suffered severely from the cattle distemper, a murrain that ravaged England between 1745 and 1757 and killed at least half a million cattle nationally. Parliament passed multiple acts attempting to contain the outbreak, and preachers of the period described it as a national judgment. Repeated outbreaks followed in later decades, and in 1866 a cattle plague destroyed over 200 head of cattle in the Misson area alone. Whether this pattern of agricultural disruption influenced the Sharp family’s movement between Yorkshire, Lincolnshire, and Nottinghamshire is not documented, but the regional context is worth noting.
By approximately 1797 the family had returned northward toward Yorkshire. The Cantley parish register, held at Doncaster Archives, reference P12-1-A3, confirms Thomas Sharp Sr. and Anne in Cantley, Yorkshire by October 1799, when their daughter Mary was baptized there on 20 October 1799. Cantley lies five miles east of Doncaster, neighboring Armthorpe where Thomas Sharp Sr. had been born. George Sharp was born in Cantley on 9 May 1804 and baptized there on 22 July 1804. A Cantley christening of 5 March 1797 is almost certainly this Thomas. The family was in Cantley throughout this period, and the dates and geography align. By 1810 the family had settled in Misson, approximately ten miles south of Cantley, where Ann Sharp was baptized on 11 March 1810 and James Sharp on 7 March 1813.
Thomas Sharp Sr. died in Misson on 23 August 1847, age 78, found lying in the street by a neighbor named Elizabeth Orton. She thought he was having a fit, obtained the assistance of William Mason and John Hobson, but he died immediately. The inquest verdict was visitation of God. The inquest notice appeared in the Lincoln Rutland and Stamford Mercury on 3 September 1847.
Inquest notice for Thomas Sharpe, Lincoln Rutland and Stamford Mercury, 3 September 1847, p. 3
Death certificate for Thomas Sharp Sr., died 23 August 1847, Misson. GRO DYB565322.
His wife Anne died in Misson on 10 December 1849, age approximately 79, from a fall, and was buried three days later. Their death notices appeared in the same Lincolnshire newspaper, the family had maintained connections across sixty years and three counties.
Death certificate for Ann Sharp (née Stennett), widow of Thomas Sharp Sr., died 10 December 1849, Misson. GRO DYB565321.
Thomas Sharp’s younger brother James had died of Consumption on 5 June 1839, with Elizabeth as the informant at his death. Six months later, on 7 January 1840, Thomas and Elizabeth named their newborn son James. Whether the name was chosen in memory of the brother lost that summer is not known, but the timing is suggestive. Consumption, known colloquially as the white death, is the historical name for tuberculosis, a contagious airborne disease caused by Mycobacterium tuberculosis. In 1815, one in four deaths in England was due to Consumption. In a labouring family’s small home in Misson, the disease would have moved freely through the household. Thomas Sharp, born approximately 1797, probably in Cantley, was a Labourer, as recorded on his children’s birth certificates and his own death certificate. The death certificate gives his age at death as 43 years, the burial record as 45. This two-year spread likely reflects the imprecision natural to a family where neither parent could write and where exact ages were not always known. Thomas died of the same Consumption that had killed his brother just two years before, on 13 July 1841 at Misson, just weeks after the June 1841 Census recorded him in the household. His sister Ann Thickett, wife of Thomas Thickett of Blyth, Yorkshire, four miles north of Misson, was present at his death and registered it. He was buried at Misson on 15 July 1841.
The disease continued through the family. Ann Thickett, who had been present at Thomas’s death in 1841, died of Consumption on 6 April 1846, age 36, just five years after registering her brother’s death from the same disease. George Sharp, another brother, died of Consumption on 8 August 1846, age 47, four months after Ann. Between 1839 and 1846, four of Thomas Sharp Sr. and Anne Stennett’s children died of tuberculosis. Thomas Sharp Sr. survived all four, dying in August 1847. Anne survived until December 1849. They outlived four of their children to the same disease.
Death certificate for Thomas Sharp, died 13 July 1841, Misson, of Consumption. GRO DYB541596.
Annie Thompson, writing from family tradition in 1957, describes Elizabeth as having grown up “a tall young lady, reared in an atmosphere of wealth and refinement.” Her father George Cartwright was buried at Misson on 27 February 1820, age 46, when Elizabeth was sixteen years old. Three years later, on 4 June 1823, her mother Ann remarried a widower named George Beighton at the Misson parish church, by banns, witnessed by John Robinson and John Cartwright, confirmed in the Bishop’s Transcripts in the Nottinghamshire Archives. Six months after her mother’s remarriage, Elizabeth married Thomas Sharp.
Elizabeth could not write. On both her daughter Ann’s birth certificate in 1838 and her son James’s birth certificate in 1840, she signed with an X mark.
Thomas and Elizabeth had eight children, all baptized in the Misson parish church and recorded in the Bishop’s Transcripts at the Nottinghamshire Archives. The dates below give the christening date from the Bishop’s Transcripts, the birth dates held in family tradition are noted separately where they differ, representing the difference between the event remembered by the family and the event recorded by the church.
George Sharp, christened 11 November 1824, died 15 November 1824, four days old.
Mary Sharp, baptized 27 November 1825, died in infancy and was buried approximately two days after her christening, as noted in the Misson Parish Register.
William Sharp, christened 7 January 1827, family tradition gives his birth as 10 December 1826. He would go on to help found Plain City, Utah. See Sharp-Bailey Wedding and the William Sharp Personal History.
George Sharp, baptized 13 May 1829, died 23 December 1833, age four years and seven months, buried at Misson. The Misson Parish Register notes his cause of death as burns. Burns were tragically common among small children in this period, when open hearths were the only source of heat and cooking in labouring family homes. Whether his clothing caught fire near an open flame or the death resulted from a structure fire is not known, and no newspaper account of the event has been located.
Isabella Sharp, christened 15 January 1832, family tradition gives her birth as 22 December 1831. She would emigrate with William to Utah and settle in Mill Creek, Salt Lake County. See Sons of Joseph and Isabella Carlisle.
Elizabeth Sharp, baptized 11 June 1834, she remained in St. Louis and married John Quayle. See John and Elizabeth Quayle.
Ann Sharp, born 8 July 1838, baptized 29 July 1838, died 2 September 1838, eight weeks old, of convulsions. Convulsions in infants of this period were typically caused by uncontrolled fever from bacterial or viral infections, untreatable before the development of antibiotics and fever-reducing medications. Elizabeth registered her birth with an X mark on 10 July 1838. A neighbor, Mary Laister, registered her death, Elizabeth was not the informant.
Birth certificate for Ann Sharpe, born 8 July 1838, Misson. Elizabeth signed with her X mark.
Death record for Ann Sharpe, died 2 September 1838, Misson, age 8 weeks, of Convulsions.
James Sharp, born 7 January 1840, confirmed by GRO birth certificate (BXCC548222), with Elizabeth signing as informant with her X mark on 22 January 1840. See James Sharp.
Birth certificate for James Sharp, born 7 January 1840, Misson. GRO BXCC548222. Elizabeth signed with her X mark.
By the time Thomas died in July 1841, the family had buried four children. George at four days, Mary in infancy, the second George at four and a half years, and Ann at eight weeks. The 1841 Census, taken just weeks before Thomas’s death, records the household: Thomas (40), Elizabeth (37), William (14), Isabella (9), Elizabeth (5), and James (1). Thomas Sharp Sr. was living just a few households away in the same village.
Milo Riley Sharp, grandson of Thomas Sharp and Elizabeth Cartwright
Conversion and Emigration
William Sharp was the first family member baptized into the LDS Church, or formally The Church of Jesus Christ of Latter-day Saints, on 20 June 1848. His mother Elizabeth followed on 11 August 1849, and Isabella on 16 September 1849. The Misson History Hub records that “In 1848 LDS Missionaries visited the village and several conversions apparently took place” and notes that the converted “travelled to the USA, crossed the continent and made new lives and families there.” Among the elders who lodged at Elizabeth’s home was Elder George Emery.
Elizabeth decided to emigrate with her family to Utah. Annie Thompson records the family’s resistance: “her folks tried hard to discourage her from taking the hazardous trip; they told her if you leave for the West, ‘A red Indian will eat ye.’” The ticket cost twenty-five pounds sterling. On 2 October 1850 Elizabeth (age 45), William (age 24), Isabella (age 19), Elizabeth (age 26), and James (age 10) sailed from Liverpool on the ship James Pennell, under the direction of Church leader Christopher Layton. There were 254 Latter-day Saint emigrants on board, the Fiftieth Company.
The voyage nearly ended in disaster. As the James Pennell approached the mouth of the Mississippi River, a terrible storm drove the ship back into the Gulf of Mexico, breaking the main and mizzen masts and washing part of the rigging overboard. The crippled vessel drifted for several days with provisions nearly exhausted before a pilot boat found it and guided it to the river mouth on 20 November. The Millennial Star reported simply that the James Pennell “had lost her main and mizen masts, which is all the information given of her.” The ship arrived in New Orleans on 22 November 1850, towed alongside the Joseph Badger, which had sailed from Liverpool two weeks after the Pennell. The full dramatic account is preserved in the William Sharp Personal History. The voyage is documented at Saints by Sea (BYU), where the Sharp family passengers are listed.
From New Orleans the family traveled by river to St. Louis, Missouri. Shortly after arriving, Elizabeth fell ill. She died on 17 February 1851 in St. Louis, never reaching Utah. She was 47 years old. Her burial place in St. Louis has not been located. Annie Thompson gives her death as “probably late in the year 1850.” The 17 February 1851 date comes from other sources and is consistent with a November 1850 arrival and a short illness through that winter. Her children were left on their own in an unfamiliar city. Elizabeth Sharp married John Quayle and remained in St. Louis. James, aged eleven, tried to arrange passage west but the company he was to travel with turned back; he stayed in St. Louis and eventually became a partner in a meat packing business. William married the widowed Mary Ann Bailey Padley in St. Louis, and in 1853 he and Isabella, now married to Joseph Carlisle, traveled west in the Moses Clawson Company, arriving in Salt Lake Valley between 15 and 20 September 1853.
Temple Work
In December 1881 Isabella Sharp Carlisle traveled from Mill Creek, Salt Lake County, to the St. George Utah Temple, at that time the only operating temple in the world, to perform proxy ordinances for her deceased daughter Elizabeth Ann Carlisle. While there, between 20 and 23 December 1881, ordinances were completed for her father Thomas Sharp and her paternal grandfather Thomas Sharp Sr., and the sealings of both men to their wives. Ordinances were also completed for her maternal grandmother Ann Matthews Cartwright, baptism, confirmation, and sealing to George Cartwright, with the St. George Temple record identifying Ann Matthews Cartwright by name and marriage details, confirming the family connection across three generations. Ordinances were completed for six people across four generations in four days.
Thomas Sharp’s sealing to Elizabeth Cartwright was completed 30 April 1920.
Of the children of Thomas Sharp Sr. and Anne Stennett who survived to adulthood, John Sharp died on 29 July 1866 in Misson of Bronchitis and Emphysema, the last of the siblings to remain in the village. William Sharp died on 27 October 1867 in Canada, having emigrated there with his family around the same time Elizabeth Cartwright Sharp, Thomas Jr.’s widow, left England for America in 1850. The emigrations of brother and sister in law, in the same decade, from the same small village, to different continents, closes the Misson chapter of the Sharp family story.
Sources
Primary documents: Thomas Sharp death certificate (GRO DYB541596, 13 July 1841); Thomas Sharp burial, Bishop’s Transcripts, Nottinghamshire Archives (15 July 1841); Elizabeth Cartwright baptism, Bishop’s Transcripts, Nottinghamshire Archives, FHL film #503793 (20 December 1803); Thomas Sharp and Elizabeth Cartwright marriage, Bishop’s Transcripts, Nottinghamshire Archives, page 14 (29 December 1823); Ann Sharp birth certificate (GRO, 8 July 1838); Ann Sharp death record (GRO, 2 September 1838); James Sharp birth certificate (GRO BXCC548222, 7 January 1840); 1841 Census of England and Wales, Misson, household 1612123; children’s christenings confirmed in Bishop’s Transcripts, Nottinghamshire Archives, pages 34 (George 1824), 37 (Mary 1825), 42 (William 1827), 50 (second George 1829), 60 (Isabella 1832), 69 (Elizabeth 1834); second George Sharp burial, Bishop’s Transcripts, Nottinghamshire Archives, page 32 (23 December 1833); Thomas Sharp Sr. christening, Bishop’s Transcripts, Borthwick Institute for Archives (18 September 1768, Armthorpe); Thomas Sharp Sr. death certificate (GRO DYB565322, 23 August 1847); Ann Sharp Sr. death certificate (GRO DYB565321, 10 December 1849); George Cartwright baptism and burial, Bishop’s Transcripts, Nottinghamshire Archives; Ann Matthews christening, Bishop’s Transcripts, Nottinghamshire Archives (14 September 1783); Will of Edmund Matthews of Everton, proved 25 February 1820; Death Duty Register IR27/174, The National Archives; Ann Matthews and George Cartwright marriage, Bishop’s Transcripts, Nottinghamshire Archives (1 February 1803); Ann Matthews and George Beighton marriage, Bishop’s Transcripts, Nottinghamshire Archives, page 13 (4 June 1823); Thomas Sharp Sr. christening (Armthorpe) and Thomas Sharp Sr. and Anne Stennett marriage (Ewerby, Lincolnshire), Lincolnshire Parish Registers; James Sharp (brother) death record, Misson Parish Register (5 June 1839); Mary Sharp burial, Misson Parish Register (approximately 29 November 1825); George Sharp (1829) cause of death, Misson Parish Register (burns, 23 December 1833); Ann Thickett death record, Misson area (6 April 1846); George Sharp death record (8 August 1846); John Sharp death record, Misson (29 July 1866).
Secondary sources: Annie Thompson, Life History of Elizabeth Cartwright Sharp, 27 August 1957; William Sharp Personal History; Kent Nielsen (1931–2020), a great grandson of Joseph and Isabella Sharp Carlisle and thus of Thomas Sharp and Elizabeth Cartwright, contributed extensive primary source research to the FamilySearch Collaborate record for this family between 2011 and 2014. His careful documentation of the Cantley, Yorkshire connection, the GRO certificates, and the census evidence forms the foundation of the genealogical record presented here. FamilySearch Collaborate notes on Thomas Sharp (KWJ5-679) and Thomas Sharp Sr. (KP7V-4HL), 2011–2014; Leanne Maynes, a great great granddaughter of Joseph and Isabella Sharp Carlisle and thus of Thomas Sharp and Elizabeth Cartwright, whose ongoing research into the Sharp and related families has contributed additional primary source analysis, including the Misson Parish Register details on infant burials and causes of death, the identification of the Stamford records as a likely misattribution, and the TB deaths among Thomas Sharp Sr.’s children in the 1840s; Saints by Sea, BYU, James Pennell voyage 2 October–23 November 1850; Misson History Hub, Written History.
For more on the Sharp family and Plain City’s founding generation, see:
Andra Boys: William, Donald, Larry, Bill, Golden, Dale, Ross
A copy of this autobiography of my Great Grandfather was given to me years ago. I wanted to make it more widely available. I will insert clarification or other information in brackets []. I have attached the handwritten copy so you can see his handwriting.
The Life Story of William Fredrick Andra Sr I was born on February 11, 1898 in Meissen, Saxony, Germany to Wilhimina [Wilhelmina Christiana Knauke] and Theodor F. [Fredrick] Andra. My father died when I was about four years old [23 November 1902].
I was baptized in the Elbe River in [16] April 1909; came to the United States in the following month of May. I left at the age of eleven, one year ahead of the rest of the family.
The following year they were ready to come to the U.S. on the same boat but were, for some reason, delayed a month. The boat that they had intended on traveling on sank in the mid ocean. “The Lord moves in mysterious ways, his wonders to perform!”
Upon arriving here, I went to Fairview, Utah to work out my board and room from John R. Anderson, who was a former missionary in Germany.
After being in Fairview one year, I went back to Salt Lake to meet the rest of the family when they arrived.
We had quit a struggle at first, but we made out when the rest had learned the language.
I used to deliver papers, work at the slaughter house to obtain different kinds of meats to help support the family, and did all other types of odd jobs.
At the age of fourteen, my Mother took me to Preston, Idaho to the home of a former missionary [George Wanner] that helped convert my mother in Germany.
I thinned, hoed and topped beets; worked in the potatoes; and did many other things around the farm. There were about 24 head of cows to be milked. For my work, I got $18.00 a month. The next summer I got $25.00 and then $30.00 per month.
In the winter I went back to Salt Lake City because there wasn’t any work left on the farm.
I worked in the Apex Mine in Bingham at the same time that Jack Dempsey was a diamond drill sharpener.
The next winter I worked in the coal mine at Wattis in Carbon County during the flu epidemic in 1918. My future father-in-law [George Wanner] took the flu and was in the hospital in Salt Lake City. Shortly after his boy, Golden, also caught the flu and died. I took the body home to Whitney, Idaho on the train.
I did the chores for the family because they all had the flu. After working for George Wanner, 7 year on and off, I married at the age of 22 to his daughter, Mary Louise Wanner, in the Salt Lake Temple on March 10, 1920.
At a time when things were tough, I worked on the farm for James R. Bodily and in the winter I did janitor work at the Whitney School and meeting house for $30.00 a month. Then our son, William Junior was born. During this time I helped build the sugar factory in Whitney.
In 1922 we moved to Salt Lake City and I worked for the Royal Bakery for one year, then we moved back to Preston and went into the café business with my brother, Walter. We stayed in the café business until the end of 1925, then we bought the Wanner farm in Preston during the depression times.
I used to dig basements, haul gravel and sand, haul sugar beets from the beet piles to the sugar factory for $4.00 a ton. It was hard making this $1000.00 principle and $500.00 interest but with the Lord’s help and a good wife and children, we paid for the farm. In 1937 we bought 9 more acres on the east side of our farm, making 44 acres.
In 1937, I was made a High Priest. I have been a ward teacher for 36 years, ward teaching supervisor for 7 years, and a group leader for the High Priests Quorum for 12 years.
I am, at present, a director of the Mink Creek-Riverdale Canal Company.
Our main crops on this farm have been sugar beets and potatoes. We have raised peas and corn for many years.
Our present family consists of 12 children, 8 boys and 4 girls (of which 2 of the boys have passed on).
In 1947, I had a back fusion operation. It was very successful.
Seven of our children are married from which we have received 28 grand children and 2 great grand children. One of our boys is in the Western States Mission now. We have had 2 on missions previously.
I would like to pass this biography on to my son.
Prepared and arranged November 28, 1961 by William F. Andra, Sr. (Age 63) — AUTOBIOGRAPHY —
The principle factors that determined the success of William F. Andra and his wife, Mary Louise Wanner Andra, were ambition and religion. Always fight for the good!
Decision:In re Richard Michael McGuire and Dolores Sue McGuire, Case No. 12-41681-JDP (Bankr. D. Idaho, 8 Sep. 2014) Judge: Honorable Jim D. Pappas, United States Bankruptcy Judge Counsel for Debtors: Paul Ross, Idaho Bankruptcy Law, Paul, Idaho Trustee: Gary L. Rainsdon, Twin Falls, Idaho Trustee’s Counsel: Daniel C. Green and Brett R. Cahoon, Racine, Olson, Nye, Budge & Bailey, Chartered, Pocatello, Idaho
Background
Richard and Dolores McGuire filed a Chapter 7 petition on 12 December 2012. The Trustee thereafter liquidated certain non-exempt assets, generating approximately $13,950. With funds on hand, the Trustee filed a notice of assets on 22 January 2013, advising creditors they had 90 days to file proofs of claim or receive nothing. No creditors filed timely claims.
On 3 June 2013 — 132 days after the Trustee’s notice — Utah Central Credit Union (“UCCU”) filed a tardy proof of claim. On 18 June 2013, the Debtors objected to the claim on several grounds, including that it was untimely. Although UCCU failed to respond to the Debtors’ objection at all, the Trustee filed a response on 25 June 2013 defending the claim and arguing that the Debtors’ own schedules established prima facie that the debt was owed. That same day the Trustee sought to employ Racine Olson as counsel.
Debtors’ counsel promptly raised a standing concern by email, questioning whether the Trustee had legal authority to defend a single creditor’s proof of claim. Trustee’s counsel had already begun researching the standing question before that email arrived — a fact reflected in the billing records — but pressed forward regardless.
The Debtors also discovered that UCCU had sold their collateral postpetition, on 27 December 2012, in apparent violation of the automatic stay. Rather than pursue a contempt action against UCCU for the stay violation, the Trustee entered into a stipulation with UCCU under which UCCU would pay the Trustee $10,100 (the proceeds of the postpetition sale) in exchange for an allowed unsecured claim of $44,265.32. The Trustee filed a motion to approve the compromise under Rule 9019.
At an August 2013 hearing, the Court questioned Trustee’s standing and ordered briefing. Before filing that brief, however, Trustee’s counsel entered into the stipulation with UCCU. At an October 2013 hearing, the Court ruled that the Trustee lacked standing to oppose the Debtors’ objection to UCCU’s claim, struck the Trustee’s response, sustained the Debtors’ objection, and disallowed UCCU’s claim. The Court also denied the Trustee’s motion for a Rule 2004 examination of the Debtors, finding no valid grounds for it. The Court indicated the proposed compromise appeared to be a frivolous endeavor in light of the disallowance but invited further briefing if additional grounds existed.
Trustee’s counsel filed a memorandum in support of the compromise that contained no reference to the law governing approval of compromises and did not provide the additional factual or legal basis the Court had requested. The Court denied the compromise. A second creditor, Bank of America, filed a claim in October 2013; the Debtors objected; Bank of America never responded; and the Court disallowed that claim as well. With no allowed creditor claims remaining, Trustee’s counsel filed an Application for Compensation seeking $5,430.00 from the estate funds generated by liquidation of the Debtors’ assets.
The Debtors objected to the Application and simultaneously requested an award of attorneys’ fees and costs against the Trustee and Trustee’s counsel. A hearing was held on 12 May 2014. On 23 May 2014, Trustee’s counsel withdrew the Application. The Court then ordered briefing on the Debtors’ fee request and, after receiving the parties’ submissions, issued its Memorandum of Decision on 8 September 2014.
The Debtors’ Request for Fees
The Debtors sought attorneys’ fees and costs they incurred in: (1) supplementing their objection to UCCU’s proof of claim; (2) opposing the Trustee’s motion for a Rule 2004 examination; (3) objecting to the Trustee’s motion to approve the stipulation; (4) responding to the Trustee’s memorandum in support of the stipulation; and (5) objecting to the Application for Compensation. They grounded their request in § 105(a) of the Bankruptcy Code and Federal Rule of Bankruptcy Procedure 9011.
Their core argument was that the Trustee and Trustee’s counsel had acted without statutory authority throughout the case, defending a single creditor’s claim to the detriment of the estate and the Debtors, filing a motion for a 2004 examination for the improper purpose of harassing the Debtors and rehabilitating UCCU’s deficient claim, and pursuing a stipulation that had been characterized by the Court itself as likely frivolous — all without any supporting law. Debtors argued that seeking remuneration for those activities constituted bad faith, and that the Application for Compensation was itself filed in bad faith.
The Trustee’s Response
Trustee’s counsel argued that the standing issue was a genuine, complex question of first impression on which no controlling authority existed, that the Court had itself requested briefing on it, and that the work performed in that connection was done in good faith. Counsel further contended that the stipulation with UCCU was a reasonable settlement at the time it was entered into, before the unforeseen circumstances — UCCU’s claim being disallowed, and the Debtors objecting to Bank of America’s subsequently filed claim — rendered it of no value to the estate. Counsel also noted that the U.S. Trustee’s Office had reviewed the Application and raised no objection to it. Finally, counsel argued that the Debtors’ fee request did not comply with Rule 9011’s procedural requirements and offered no legal basis for the award sought.
The Court’s Ruling
Judge Pappas denied the Debtors’ request for attorneys’ fees and costs in full.
Section 105(a). The Court acknowledged its inherent authority under § 105(a) to sanction parties and attorneys for misconduct in bankruptcy proceedings, but emphasized that this power must be exercised with restraint and may be invoked only upon an explicit finding of bad faith or willful misconduct — something more egregious than mere negligence or recklessness. While the Court found the Trustee’s conduct at times overzealous and displaying a lack of prudence and good judgment — particularly the decision to liquidate non-exempt assets and solicit creditor claims when no timely claims had been filed, and the continued pursuit of the UCCU stipulation after the claim was disallowed — it declined to conclude that those actions rose to the level of bad faith or willful misconduct. A trustee’s primary statutory duty under § 704(1) is to collect and reduce estate property to money, and the Court was not prepared to penalize the Trustee after the fact for zeal in performing that duty. The § 105(a) request was denied.
Rule 9011. Rule 9011 requires that a motion for sanctions be made separately from other motions and that the moving party provide a 21-day safe harbor notice before filing the motion with the Court. The Debtors had done neither — their fee request appeared within their objection to the Application for Compensation, not in a separate motion, and no safe harbor notice was given. Because those requirements are mandatory rather than discretionary, the Court declined to award sanctions under Rule 9011.
Why This Matters
A Chapter 7 trustee’s decision to liquidate non-exempt assets is committed to the trustee’s discretion. The Court expressly declined to penalize the Trustee for liquidating assets before knowing whether any creditors would file allowed claims. Courts will generally not second-guess a trustee’s administration decisions after the fact, even when the economic reality later makes those decisions look unwise.
Overzealous conduct is not the same as bad faith. Section 105(a) sanctions require an explicit finding of bad faith or willful misconduct — something more than negligence or recklessness. A trustee and counsel who press losing arguments in good faith, even arguments the court finds lacking in prudence and judgment, are unlikely to face § 105(a) sanctions.
Rule 9011 procedures are mandatory, not discretionary. A party seeking sanctions under Rule 9011 must file a separate motion and provide a 21-day safe harbor notice before bringing that motion to the Court. Embedding a sanctions request inside another filing will not suffice, and courts will not overlook the procedural deficiency even when the underlying conduct is arguably sanctionable.
A trustee who lacks standing to defend a creditor’s claim may still not face fee-shifting. Despite the Court having found that the Trustee lacked standing to oppose the Debtors’ objection to UCCU’s proof of claim, the Court declined to treat that lack of standing as evidence of bad faith. Counsel had genuinely researched the question, found no controlling authority, and presented it to the Court as an issue of first impression — which is precisely the kind of good-faith conduct that defeats a sanctions claim.
The § 9011 safe harbor is essential to any sanctions strategy. Practitioners who believe opposing counsel is acting improperly must issue a written safe harbor notice, wait 21 days, and then — if the conduct is not corrected — file a standalone motion. The requirement is not a formality to work around by framing the request as part of a larger objection.
Full Decision: Available on PACER, Case No. 12-41681-JDP, Doc. 85 (Bankr. D. Idaho 8 Sep. 2014)
“The now defunct mining town of Contact, Nevada, is seen in this early Clarence Bisbee photo. The town once had a hotel, a church, restaurants, and a service station that burned in a 1942 fire. Remnants of the town remain about 20 miles south of the Idaho-Nevada border.
This photo caught my attention because I have some limited memories when I was very young of going to Contact, Nevada. In fact, it might be one of my earliest memories of traveling. My Dad has much more experience with Contact. Here is a quote from his history related to Contact.
“July 17, 1975, Larry called me at home and sent me to Twin Falls, to move Dale Aslett mining and milling from Garrison Utah to Tuscarora Nevada. It was my first time in the office, a little white house east of the shop. Nothing like the nice big office they built on the Northeast corner of their property later. The man in the office was called JR; his real name was Francis Cammack. He was a hunch back, heavy smoker, and bike rider. That was not a very good description, but true, I learned a lot about him over time, we would become good friends. He was excellent office help, and a good bookkeeper and accountant. I had learned years ago when going out of town for a company to take clothing, toothbrush, shaving things and lots of cash, I didn’t have credit cards at that time. A little bag of tools was also a good thing. JR gave me instructions on what I would be doing and where, that I needed to keep track of every dime spent, miles, and hours Dale Aslett would be paying the bill for the truck and me. When I went out to get the truck in the yard, I was met by the driver, of (his) truck #39 that I was to use. He told me he didn’t want me driving (his) truck that they should have waited till he had time to do the job and not put a driver in (his) truck. He was a Mechanic and driver for Circle A. he was mad giving me a lot of instructions, he gave me the keys, telling me not to hurt (his) truck and a flatbed trailer. I had temporary Nevada permits for 72 hours. I was off south on Highway 93 to Jackpot, Wells, Ely Nevada then East on 8 & 50 to Baker, Nevada then on 487 to Garrison, Utah. Off the paved road, on a dirt road 15 miles into the mountain, where mine was. The mine was a strip mine; they had cleared the pine trees and brush putting them in a big pile. Then I used a cat to push up the ore. It was Fluoride rock that had to be crushed, screened, and washed to remove impurities. Dale Aslett had a big pile of ore that he had crushed and more to crush. The product could not be cleaned to speck he tried everything he could think of. He had used a shaker screen table with water like used in gold mines but could not make it work. He was broken and needed to move on the next thing for him to try. This was silver mine at Tuscarora, Nevada. The man and his wife were living in a trailer house on the sight, with a diesel generator for power for mine equipment and their trailer. The other miners had moved on with no money to pay them. George and Rose Steel were all that was left. Years later I would work with them south of Contact, Nevada where Dale was trying his hand at barite ore mining, it would be a money maker for some years. George and I, with the help of a loader, loaded the trailer with conveyer belts and hoppers as much as we could put on and still stay legal. They invited me to eat with them, it was a big meal with deer steak, baked potatoes, boiled carrots with onions and homemade bread. Then I was on my way to Tuscarora about 250 miles, when I got their Dale had dug a long trench, the width of the cat’s blade, as deep as my trailer. I backed into the trench and Dale with a piece of 4 inch drill steel chained to the dozer lift arm, with a hook chained on the end of the pipe, would lift each piece up and dragged it out in the sage brush, then the next till I was unloaded. This I learned through time this was the normal thing for Dale. Later at Contact Nevada, and at Monsanto in Soda Springs Idaho. The nick name of chain and cable construction was really a fact. I traveled back and forth till everything was in Tuscarora, one night in Tuscarora I had to buy Dale supper he was out of money. I got to eat with George and Rose many times; George even took me out to the big pile of pine trees and dirt that had been stripped off the mine. There he had a secret door of pine boughs that led into like a big teepee. There inside hung deer, which he would cut off some meat for each meal, along with bags of potatoes, onions, and carrots. He would miss this at the mine in Tuscarora, only miles of sage brush. When I finished the last load my permits had run out, Dale told me not to worry. If I went north on highway 226 through Mountain City, Nevada and Owyhee, Nevada through the Duck Valley Indian reservation to Bruneau, Idaho in the dark no one would bother me, the Idaho border was only 50 miles that way, this was the long slow drive narrow two lain road with lots of bends and curves. That was an interesting time seeing the way Dale did things. When I got back to Twin on July 20th, the driver of (his) truck came out for a full inspection. Counting chains and binders are used to secure the loads and straps, checking the oil in the truck, looking at all the tires. Well, I passed, next was JR turning in all the paperwork, reporting what I had done, I drove 26 hours went 1075 miles on 185 gals fuel. JR told me Dale would pay me later, I didn’t know that would be months later, but I did get paid and very good.”
I previously shared a 1968 letter written from Mary Andra to Frieda Horrocks. This letter was given to me with it by Deanne Driscoll. I am including her note with it as well.
“Sun Aug 27 / 78
“Dear Frieda + Susan
“Just a few lines to let you know we are just fine but not as busy now that the Raspberries beans + peas are up.
“I also put 33 plk of corn in our freezer.
“You know Susan that Walter said that Frieda wouldn’t let our Dale Come in her home last winter, but Dale said it isn’t so that Frieda was happy to see him + that she hated to see Dale leave.
“I sure don’t like to have Walter tell big lies, the only thing I don’t like about this trial Coming up is because the Judge Robert is a pal to Minnis Son or is it Walters Son, I think he will favor Walters + Ada’s side, you might talk to your lawyer about it, those boys went to school to gether,
“Otto said he wasn’t coming back up on the 26th of left, but I wouldn’t worry about that, I am going to have a knee operation Sept 20th so maybe Will won’t be able to come either, unless Dale
“can get away + bring his dad. I’ll be in the Logan hospital 15 days.
“Just thought I would tell you the News.
“I would love to hear from you Susan after you tell your lawyer about the Judge, because I didn’t know if you knew about them being so friendly, so talk to your lawyer + see what he says, I sure would like to Know.
“All our love
“Uncle Bill & Mary
“Frieda died 18 Oct 1978
“My Grandmother had Alzhemers
“Susan lived next to her. I don’t think they went to Court.
“Grandma gave Susan Greaves Bencomo the house.
“The will gave the house to Susan, Mike Greaves, Ada and myself.
“Mike gave his share to
“Susan and so did I and that gave he 3/4 of the house so that must have settled the problem if that is the “problem”
My grandfather, Wilburn Norwood Jonas, was born in Lewiston, Cache County, Utah on 15 May 1924. His great grandparents, Stephen and Hannah Coley are buried in Lewiston. When I stumbled on this short history, I thought I would share it. This history was compiled by M. R. Hovey for the Logan Chamber of Commerce in 1923, a year before Grandpa was born.
James and Aliza Ross at the grave of Hannah and Stephen Coley – 14 August 2026 – their fourth great grandparents
“After Richmond was settled in 1859, Franklin in 1860, and Clarkston in 1864, “All the most desirable locations on the streams in Richmond and in the other settlements of the Valley, had been taken. Naturally (the new settlers) were forced to take lands in the center of the Valley and get their irrigation water wherever they could. This was difficult to do.”
“In July 1870, a scouting party went out to locate some new lands for settlers. They searched the north end of Cache Valley from Oxford to Mink Creek. (When) “the scouting party returned (it was) decided that the ‘Flat’ where Lewiston is located, was the best place to locate..”
“Used by early Richmond settlers as a herding ground, “It was covered with buffalo and bluegrass. It had also been used in the past by the Indians as a place for their pow-wows, where they had horse races and other games. As there were no trees or vegetation the sand drifted considerably.”
“Houses were built of logs and lumber. Some made dugouts. The community grew. Among the first group of settlers were the families of P. N. Van Orden, Sr., Everett Van Orden, Robert Wall and John M. Bernhisel, Jr.” (When) “the townsite was staked out, it was decided to (make the blocks) a mile square. At first the settlement was called Cub Hill.”
“In 1872, William H. Lewis was sustained as the (LDS Branch’s) presiding elder and later, the bishop. The settlement was named “Lewiston” after Bishop William H. Lewis.
Bio of William H. Lewis
“William H. Lewis married Martha Petty in November of 1856. In 1858 his wagons left Fort Harrison, Utah, to settle in Cache Valley. The Lewises arrived in Richmond October 31, 1859, building a small cabin in an area known as “Poverty Flats.” In 1873 Brother Lewis was called as Presiding Elder of the fledgling Lewiston Branch at Poverty Flat. “After serving for a year, Lewis approached the Richmond Bishop, M.W. Merrill, asking to be released from the calling. He stated ‘he would not trade his small farm in Richmond for the whole of Lewiston.'”
“”Bishop Merrill informed him that it was the Lord that had called him to that position and he would not be a partner in releasing him. The bishop advised William to go back to Lewiston and the Lord would bless him on this land that looked so barren. He also told Brother Lewis that Brigham Young had said that Lewiston would be the granary of the valley and that the potential possibilities of that wasteland were many and great.” Staying in Lewiston, Lewis eventually became one of the wealthiest farmers in the area.
“After serving as Presiding Elder over the branch for five years, Lewis was named the Lewiston Ward’s first bishop. After serving for seven years, he was named Stake President of Benson Stake. The town was eventually named ‘Lewiston,’ after William H. Lewis.
“”In the beginning the little settlement had some serious handicaps. They had no irrigation water, no trees and very little vegetation. The sand drifted badly in places. The winters were severe and bad frosts were common. The drought brought many crickets, grasshoppers and other pests. The winter of 1871-1872 was very cold and severe. In November 1871, two feet of snow fell and it did not leave until April of the next year. At certain times during the winters the fences were covered with snow and the settlers traveled over the tops of the fences with their sleighs. During the summer time there were hot, dry winds, and killing frosts. For three successive years the grain was frozen in July. The settlement was referred to as ‘Poverty Flat,’ ‘Starvation Corner’ and ‘The Last Chance.'”
“When Church President Brigham Young visited Richmond, “the discouraged settlers reported these unfavorable conditions… the settlers (were advised) to return to their homes promising them that Lewiston should yet become one of the garden spots of Cache Valley & the Territory.”
“If the settlers were to remain they had to have irrigation water. “(Since) Bear River to the west was too low to take out a canal and bring it upon the flat…In 1873 a small irrigation ditch northeast of Lewiston was built from Worm Creek…In 1874 a site for a canal was located on Cub River in the Cub River Basin.” Though a tremendous undertaking… it saved the settlement. For drinking water, wells were used.” In later years, “a large irrigation company was formed and a pumping plant and its diversions was established on the Bear River.”
“Lewiston has continued to grow and is considered one of the best farming communities in the state. The promise made years ago by President Brigham Young, ‘that someday Lewiston would become one of the garden spots of the Valley and the Territory, has verily been fulfilled. In 1904, the town was incorporated by Brigham Pond, Lewiston’s first mayor.
Compiled by M. R. Hovey, Secretary, Logan Chamber of Commerce. January 1, 1923 to January 1, 1925. Also as printed in the Logan Journal, beginning August 4, 1923.
34 – 2024-2025 Discover North Cache • DiscoverAreaGuides.comOutdoor Recreation.” Thanks to Jack Johnson for the compiling of these DiscoverAreaGuides.
In recent discussions with some members from England, I shared a number of photos I had taken/received while serving in their Ward. It dawned on me and they supported the idea of writing some histories regarding each of the Wards I served in. Also, as time passes, my memory will not remember all the people or my interactions. This is the first of those posts.
This post turned out to be terribly time consuming. I pulled out my planners and worked through them week by week. I was interested in the addresses we visited and the people we taught. Interestingly, I can remember most of these streets, even tracting them. But unless the people advanced to our teaching pool, I don’t generally remember them. Which really is not surprising as many of them were one or two contacts. But, the planners told me who we had appointments with, including tea/dinner appointments. For being 1998-1999, I am astonished at how much I remember from day to day. Some were simply unforgettable, even now, like the young lady who answered the door nude (read below).
Also, as part of this process, I read through the related journal for the time period. I have quoted whole sections that I located related to this time and these people. On a personal note, this was a very trying companionship and district to serve in. Jet lag, sickness, frustration with the breakdown between mission ideals and what was actually happening, personality conflicts, and immaturity (very much on my side, but also other missionaries), 6 missionaries in a confined space, all contribute to the refiners fire Moreton Ward proved to be for me. I have mostly removed all the whining from the journal posts. As reading, don’t think I am a model of optimism or enthusiasm. I was more coy at the beginning of writing this post than I was later. I didn’t quote as much from the journal to begin with, but more and more as I got more comfortable in writing about weeks. At the beginning I give overviews, later I do more quoting and let the voice of the journal speak. Moreton ward covers 119 pages of my journal #5, 36 pages of my journal #6.
The first Ward I served in as a missionary was in the Moreton Ward of the Chester England Stake. I believe it was a newly created ward, only a few months old. At some point the Birkenhead Ward(s) were in the Liverpool Stake and I remember there being multiple ties and connections to Liverpool. I recollect Moreton was created from one or both of the Birkenhead Wards. We met in an old college bar pub, I recall, in West Kirby. We lived in Liscard. I wrote a post previously about the houses I lived in as a missionary. In those days cameras were clunky and still film, so you did not take many pictures. But I do have a few I attribute to the Moreton Ward. Six missionaries covered the Moreton Ward. A year or two later, the Ward received their own ward building. It is my understanding these ward still exists, but was merged with the two Birkenhead wards, now all just two wards.
Since this is my first area, I am also including some of the arrival in the mission from the Missionary Training Center, or MTC, and the mission home.
On 21 December 1998, I flew out from Salt Lake City to the England Manchester Mission, connecting through Atlanta, Georgia. I had just spent two and a half weeks in the missionary training center in Provo, Utah. On that flight I sat next to a woman named Madge Fillingim, age 79, from Vernal, Utah. I hadn’t caught the spelling of her name at the time, and wrote it in my journal as “Marge Flitteringum.” She was born in 1920 and passed away in 2023 at 102.5 years old! I linked her obituary.
As I wrote that day: “On the left was Marge Flitteringum or that last name is close. I don’t remember how she spelled it exactly. …Marge from Vernal at 79. Through our conversations Marge agreed to start taking piano lessons and to become active again in church. Am I a missionary or what? Her son wants her to start going to church again, and with the brand new temple in Vernal, she wants to get her endowment. We talked about music and told her about grandma’s start late in life. I got her to committ.”
In further research, three years later, on 29 December 2001, Madge received her endowment at the Vernal Utah Temple. I don’t know whether she ever picked up playing the piano.
23 December 1998 – Elder Harris and Elder Ross assigned as companions at mission office, Altrincham, Cheshire
I arrived at Manchester airport on 22 December 1998. We stayed that night at the mission home in Altrincham. The next day, 23 December, I did my first street contacting in Altrincham not far from the mission home. That door is seared into my memory. I can still see it. After lunch that day, we were assigned missionary companions. Elder Jeremy Harris became my first companion in the mission field (Elder Kody Young had been my companion at the MTC). Elder Olson was assigned to Elder Paul Kelley that same day. Moreton wasn’t a surprise to Elder Harris, since he was already serving there.
23 December 1998 – Newly assigned companionships – Elder Harris and Elder Ross, Elder Olson and Elder Kelley
That evening we did some tracting and went to the Counsells’ for dinner, which in England is called tea. Researching, this was Grant and Helen Counsell. Our flat address was 6 Belgrave Street, right on the corner of Trinity Road.
22 December 1998 – President H Bruce and Cheryl Stucki, and Elder Paul Ross
Writing the next day about that evening, I recorded: “We live in a 3 level flat on Trinity Street. So small and in great disrepair. Humble though. I am afraid the steps will break. We left and headed to our flat. Some guy ran up to us and pointed a gun directly at me. We drove off. It scared me to death. We come back to the flat and put on our whites and went and sang in the centre. I didn’t think we sounded good at all. Some members stopped by the flat when we got back. We received presents and 4 of us ran to do some street contacting while the rest went to deliver presents.”
25 December 1998 – Christmas Eve caroling, Elders Llewelyn, Lewis, Harris, Mueller, Ross, Knight
On 24 December, we had dinner with the McKenna’s. In my records I record it as McKenna, McKinnon, and MacKinnon. I don’t know which is right and so far the two members I have contact with do not appear to remember this family. Oddly, I remember this meal. We sat at a little kitchen table for two in the kitchen itself. The McKinnon’s did not eat with us. It was fairly dark in the kitchen. The soup was a chicken, pea, carrot soup. It was not a creamy soup, but it was oily or something and was amazing. None of the rest of the home was heated except the front room with a little gas heater (where the coal fireplace once was). My first introduction to the idea that people would only heat one or two rooms of a home, not the whole house. We left a spiritual thought and left. I don’t know that they were elderly, maybe 70s. But my soul was warmed. I understand the McKinnons moved away from the area.
This highlights another surprise for me in England. Their latitude is considerably higher than that of most of the United States. As such, in winter time, the sun would disappear about 4 pm. It would reappear about 8 am. The days are short. So this dinner appointment at 6 pm would have been in the dark. Many missionaries struggled with depression due to shortened daylight hours. In the converse, summer would have the sun going down at like 9:30 pm and coming up at 5:00 am.
Christmas Day, the 25th, I wrote: “All of us went to play footy, or soccer. I am not a soccer fan anymore. Since I hurt my foot in high school I am not supposed to do any kicking with it… I sat watching them played and I read scriptures while there. I sat some time looking across the Mersey River at Liverpool. What an impressive sight. One building reminded me a ton of the Salt Lake Temple. Dingy white with the 6 big towers but the building was full of windows. It had a big clock in the one end. Instead of an angel Moroni on the end, it had giant pelicans on both center towers.”
That building was the Royal Liver Building. The “pelicans” were actually the famous Liver Birds. Built between 1908 and 1911 for the Royal Liver Assurance company, it was designed by local architect Walter Aubrey Thomas in the Edwardian Baroque style and was, for its time, one of the first large buildings anywhere constructed with a full reinforced-concrete frame, engineering that let it rise to 322 feet and briefly stand as the tallest building in Europe. Its twin clock towers carry two copper birds, nicknamed Bella and Bertie, one facing inland toward the city and the other out to sea. Legend holds that if they ever flew away, Liverpool itself would cease to exist. The birds themselves were carved by Carl Bernard Bartels, a German woodcarver. Along with the Cunard Building and the Port of Liverpool Building, the Royal Liver Building and others form Liverpool’s famous “Three Graces” on the Pier Head waterfront. All fully visible from across the Mersey in Seacombe and Wallasey.
That same day, I visited with family on the phone, including my Dad, sister, Grandma, and Duncan family.
I wrote about my Grandma: “She told me how bad she felt about missing me at the airport. I wished I could have seen her too. It was really good to talk to all of them again. We shall see each other soon enough.”
Grandma died the next year, sooner than either of us expected that Christmas Day. My flight was originally supposed to leave from one gate in Salt Lake City and that is where she went. Later they realized what was going on and they raced over to the new gate. They got there in time to get a package on the flight to me, but no opportunity to physically say good-bye as we were already loaded.
26 December 1998 – My end of the bedroom at Liscard flat, Merseyside
On 26 December, dinner was with Steve and Linda Pitt. That day I also wrote: “I found out that the river and docks I was talking about was where all the immigrants from England left.” At some point, I probably should do a post, like I did with the Mormon Trail, of all my ancestors who came through Liverpool.
27 December 1998 was my first time at church in Moreton. Attendance didn’t reach 100. I confirmed into The Church of Jesus Christ of Latter-day Saints Ann Marie Brumfitt that day. She’d been baptized the Sunday before I arrived. I don’t recall the Elder’s name I replaced. I wrote, “It was a cool experience.” I also gave a priesthood blessing that day to a young boy, Thomas Michael Plemford, Gaynor Plimley’s son. That same day, jet lag and the whirlwind of the first week were catching up with me.
I wrote: “I am having such a hard time. I am so dead tired it is pitiful. If only I could go to bed earlier but that really isn’t possible… I will finish my mission but I will sleep for a week when I return, I am sure of it. Help me endure. These 16 1/2 hour days are killing me. I hope p-day they let me sleep in. I think the jet lag is not helping.”
Even so, I closed the day looking forward rather than back: “There is so much to learn. If I have acquired a percent of a fraction, I will count my life as something more than a waste. I will know it wasn’t all at naught. So much to gain, so little to lose. I pray my senses be toughed, my facilities enlightened to gain but a portion of the awesome amount. I please to learn and not have any tolerance in ignorance. Whatever principle of intelligence we attain to in this life will rise with us in the resurrection. And if a person gains more knowledge and intelligence in this life through his diligence and obedience than another, he will have so much the advantage in the world to come. D&C 130:18-19.”
This picture of the house across the street is a mirror of the house we lived in. The bricked in window is the one I am looking out and taking the picture from in our flat.
27 December 1998 – House across the street from our flat, our room on 3rd floor, 6 Belgrave St, Liscard, Merseyside
28 December 1998 – 3 January 1999
This was my first week in the mission with a planner of my own. The week before, Elder Harris had kept track for the both of us while I was still finding my feet. P-day, 28 December, we went to West Kirby to play squash, my first time ever seeing or playing the game. I wrote: “It was great. It is alot like raquetball. I love it, I will have to do it more and when I get home.”
I’ve loved squash ever since. Roy McKee was a member there that day. His aunt and uncle, John and Audrey McKee, were also in the Ward. I can’t say for certain which McKee household we had tea with each week, Roy and Carol (who I recall held a US citizenship), or John and Audrey, unless a specific journal entry says so. But squash was my love in Richmond, Virginia; Oklahoma City, Oklahoma; Logan, Utah; I wish there was somewhere closer to play to Burley, Idaho.
We kept a heavy teaching schedule all week, working discussions in with Malcolm and Mrs Robson, Jeff and Allen, and Jocelyn and Jamie on P-day evening alone.
Tuesday, the 29th, brought a companionship exchange along with tracting and a discussion with Lisa and Thorn, and a follow-up visit with Ann Marie Brumfitt, whom we’d confirmed on Sunday. Later that day we went tracting and got some callbacks on Royston Road. After doing some running we went back to teach Bobby Topham, a new contact. Writing about it the next day, I recorded (which is overly personal to Bobby):
“He really listened. His one wife joined the church but died soon after so Robert never found out why she joined. He has been a drug addict to like cocaine and marijuana. Heroin, everything. He is an artist, wonderful, wasted all his money from it on drugs. He is wasting away. He has been legally dead 3 times. His out of body experiences sound much like the ones I have heard before from good righteous people. He won’t live probably over a year. He agreed to be baptized. He also wanted a blessing. He told us why he left the other churches. What a wonderful experience that was. I fell totally in love with missionary work. He will be baptized on the 10th. We need to finish all 6 discussions with him. How exciting. The Lord is wonderful.”
Wednesday was one of our fullest days of discussions: Sharon, Olga and Vernon, Chris, Karen and Carl, and Margaret and Carol all in a single day, wrapped up with tea at the Counsells’.
New Year’s Eve found us in service most of the morning, then more tracting and discussions with Carol and Lewis and Margaret and Jon. We also had to go find Bobby Topham for his appointment that day, and taught him the 2nd discussion.
As I wrote: “He really listens to all the message. He went from 80 cigarettes to having his 2nd all day right as we were leaving. He is a really good artist. He is going to do portraits of us. He is so excited to get baptized. He explained us as glowing. Also when we gave him a blessing, he said he saw light. This guy is really open to the Spirit. What a wonderful soul. Through him we could pull quite a few more people in. He has 6 children all but 2 by different mothers. Two of the mothers are mother and daughter themselves. If the daughter and him got married he would be a brother-in-law to his own child. What a lifestyle. No hope. All sorrow. He has found the light. It is so exciting. I hope I get the honor of baptizing him.”
We closed the night with tea at the Hankins’ and home on time. I understand this was Brenda Hankins with her daughters, Emma is the one I remember most.
New Year’s Day started with a moment of reflection. As I wrote:
“Oh, what a year. What tremendous strides in all aspects of life. One definitely for spirituality. Institute in Logan, a mission, trials over the summer. My life has been a great growing experience. Physically, I have gained around an inch or two. Now around 6’1″ or 6’2″ I stand. Probably 35 pounds heavier. I am now around 175. I am pretty healthy and have a high metabolism. Mentally, this grows with spiritual but also being in college broadened my horizons. I learned and try to learn from every aspect of life. Emotionally has been the same as the rest, leaps and bounds. Especially with Duncan’s and on the mission, much of my life is being healed. I can cry, feel joy, laugh, feel others sorry, and connect. I am much healthier as a being now. This year has been especially trying from all that I have endured. I pray that I will always progress in every aspect. I thank God for all the wonderful people I have met and pray that they count me as a blessing in their lives.”
The day continued with our District Development Meeting and closed with tea at Jackie Laing’s, a standing weekly Sunday appointment that would carry on for the time I was there.
Sunday closed the week with church. Elder Mueller and I walked to picked up Bobby Topham and a boy whose name I don’t recall, and walked them to church together. We arrived a quarter hour late, going in after the sacrament had already started, though we did still receive it. A baptism was held at 2:00 that day. That evening included tea at Jackie Laing’s, a 6:30 appointment with Sonya, and, in another companion exchange, this time with Elder Llewellyn, a stop by the Todd’s, where we played with the kids and gave a spiritual thought. I tried to answer some of his questions; he wouldn’t let the children be baptized, but I think we did some good that evening.
Below is a map of every home we visited, taught, or contacted that week, pulled from the Teaching Pool, Less Active list, Finding Pool, and Contacts recorded on the back of that week’s planner page.
Teaching appointments from 28 December 1998 to 3 January 1999
Teaching Pool
Karen Reeves & LeeAnn Reeves — 53 Limekiln
Reece Buck — 40 Greenwood
Pete Murray — 8/A Poulton
Less Active
June Oden — 25 Sedbergh Rd
Julie Patterson — Lancaster Ave
Finding Pool
Ean James — 21 Serpentine Rd
Sharon — 49 Oxford St
Olga & Vernon — 17C Rice Ln
Chris — 100 Woodland Dr
Louis Clarkson — 22 Sherlock Dr
Les — 38 Sherlock Ln
Malcolm Patterson — 20 Lancaster Ln
Ron Fugg — 8 Claughton Dr
Lee — Rice Ln
Mike — 61 Rice Ln
Mick — 14 Rice Ln
Contacts
Mohan — 7 Edisbury
Mr. Robbison — 13 Ivor
Jill — 24 Ivor
Sheila — 12 Ivor
Mr. Doulan — 12C Rice Ln
Carol — 2 Norwood
Dawn — 17 Sterling
Carl — 15 Kendal
Gwen Climo — 29 Priory
Chris & Daniel — Rycroft Rd
Tracy — 6 Beechcroft
Eric — 69A #3 Poulton Rd
Jon — 75 Rice Ln
Margaret — 8 Lynncroft
Dave — 6 York Ave
Helen — 35 Royston
Margaret — 26 Royston
(unnamed) — 10 Rice
Les — 9 Upper Rise
(unnamed) — 34 Rice
Mike & Tony — 11 Royston
Melissa — 3 Woodhall
Laura — 19 Bell Rd
Andrew — 27 Bell Rd
Yvonne — 35 Bell Rd
Bill & Sue — 67 Bell Rd
Kerwin — 94 Bell Rd
Jane — 84 Bell Rd
(unnamed) — 60 Bell Rd
Lisa — 15 Windham Rd
(unnamed, 9 addresses) — 48, 54, 58, 70, 72, 78, 82, 86, 90 East St
4 January 1999 – 10 January 1999
P-day, 4 January, we went to Birkenhead and did some shopping. I wrote: “We went to Birkenhead and shopping. I bought a suit jacket/coat. Double breasted with 4 buttons up the front. I like it. I felt bad pulling out 70 pound from home.”
I still have that jacket, and still wear it for special occasions.
That evening we taught Bobby a lesson. As I wrote: “We went and taught Bobby a lesson. We changed his baptism to the 17th of January.”
5 January, I wrote: “I was listening to Johann Liszt’s Die Forelle and was very moved. It is so beautiful.”
That afternoon: “This afternoon we saw a body being taken out of a home and put into a car in a body bag. So moving. Haunting, yet joyful; painful, yet wonderful. Death is the last great adventure. So much lies beyond. I wish I new a farthing of what lay beyond. To grasp a microscopic portion would be an achievement.”
Also that day: “We taught a gypsy today. If we treat it right he will come around.”
6 January, I wrote: “We went out and I got to drive to West Kirby. My first experience driving here. It was quite different. I did well. I drive better than Elder Harris.”
That evening: “We had tea at Counsels or the Bishop’s. They told me of all the great experiences in Rhodes, Athens, Greece, Tunsia, and in the Sahara. I wish to travel these places. I hope to learn so much.”
8 January, I wrote: “We went out to tea at the Hankins. It is such an honor to eat there. …Such love, respect, and honor towards the missionaries.”
9 January, I wrote: “Oh, we went and taught Bobbie the 4th discussion. We skipped the 3rd because Elder Harris felt it needed to be covered. The chastity part was mine and was not fun. He wouldn’t talk about it. We are going to talk about it where no one is around tomorrow. I hope he will live it, or get married.”
That same day: “We went and taught grandma after. …She is a miracle. Mrs. Walker is her name. She is mostly blind and mostly deaf but in really good shape for 93. At one point we read to her 2 Nephi 31. She will read it some more. At one point, I commented and was bearing my testimony to her, she stopped me and commented, I mistook you for Jesus. You are His messenger. I shed tears right then. She doesn’t feel baptism is right yet but she will through prayer. Her love is so great. She is so close to the Lord. She says she feels so close. She says the Book of Mormon has brought her closer to the throne. It has. I am so filled with joy. I love her. Absolutely astounding. …We suggested we get her a big huge print book, she thought we were going to take away the one she has till we got the other. The pain and fear she expressed through her looks wanted me to give her a 100 more.”
That evening: “We went to tea at Jackie’s again. Really good chicken curry.”
10 January, I wrote: “Church was great. I think that all the talks spoke directly to Bobbie. They talked on food storage and other important stuff. The hymns was better today. I felt the Spirit strongly today. We went to gospel principles after. I taught half the lesson with Gayna on keeping the Sabbath Day Holy. It was great. The church is so true. Bobbie, Elder Mueller, + I went to another room and discussed the law of chastity and other concerns he had. I said some stuff that I didn’t know where I was going. When I wrapped it up it made complete sense and I learned so much about baptism. Pure intelligence right then. I had no idea where I was going with the conversation, it turned out, I said exactly what he needed to hear. WE said a closing prayer and Bobbie + I shed tears.”
That evening: “We went to tea at Jackie’s.”
Also that day: “We gave a blessing on Elizabeth MacKinnon. She is ill.”
Below is a map of every home we visited, taught, or contacted that week, pulled from the Teaching Pool, Less Active list, Finding Pool, and Contacts recorded on the back of that week’s planner page.
Teaching appointments from 4 January 1999 to 10 January 1999
Teaching Pool
Bobbie Topham — 9 Royston
Mike — 35 Manor Rd
Karen Reeves & LeeAnn Reeves — 53 Limekiln
Rhys Buck — 40 Greenwood
Chris — 5a Rycroft
Danielle — St Rycroft
Robert — 4 Stourton St
Less Active
Joe — 23 Trafalgar
June Oden — 25 Sedbergh
Julie — (no address)
Finding Pool
Janet Jones — 22 Bell Rd
Sue — 1 Bell Rd
Tracy & Andrew — 23 Falkland Rd
Tony — 40 Buchanan Rd
Lee — 59 Rice Ln
Malcolm Patterson — 20 Lancaster Ln
Shanon — 49 Oxford St
Ean James — 21 Serpentine Rd
Mr. Addict — 36 Water St
Lisa — 15 Windham Rd
Skip — 28 Water St
Cliff — 44 Union St
Gene Lockley — 24F Union St
Jeff — 22 Union St
Steve — 4b Union St
Andy — 44 Eastcroft
Contacts
Paul & Tom — 4 Bell Rd
Paula — 65 Bell Rd
Vicki — 1 Bell Rd
John — 57 King St
Lizzie — 7 Ilchester Rd
Joe — 3 Ilchester Rd
Kathy — 28 Ilchester Rd
Melissa — 3 Woodhall Ave
Helen — 35 Royston Ave
Margaret — 8 Lynncroft
John — 75 Rice Ln
Jill — 24 Ivor
Sheila — 12 Ivor
Larry — 37 Limekiln
Shirley — 36 Union St
Betty — 34 Exeter Rd
Jill — Yew Tree Rd
Sam — 34 Saxon Rd
Stacey — 79 Robinson/Robbins St
11 January 1999 – 19 January 1999
12 January, I wrote: “Mail always makes my day.”
That same day, Carol and Tanya McKee, came up in conversation assisting the missionaries in many ways. Elder Harris and I went and helped Bobbie that day. I wrote: “Elder Harris + I went and helped Bobbie with troubles. Satan is working so hard on him. We taught him a 6th too. We will teach him the 5th later. Elder Harris said I will probably get to baptize him. Wow, what an honor.”
While tracting that same day: “We were walking down the street when I had a thought to go visit this one house. We went and she listened, took the Book of Mormon, and agreed to have us back. She is Jew too.”
That evening: “We had tea at the Counsell’s. It was good. We had a good productive conversation over dinner. It was really good cornbeef hash. He showed me Gospelink, it was on the computer. Looked interesting, I wanted to dig through it.”
Also that day, we visited Grandma Walker again. As I wrote: “Oh, we visited grandma today. She won’t be baptized because of what it would do to her family. She prayed and cried all night. She admitted she knew the church is true. If she continues to read the Book of Mormon, she will find that she and them will be blessed. I hope I get to see her enter the waters. It is just a matter of time now I believe. I don’t know but pretty sure.”
I have tried to hunt down and locate Grandma Walker’s first name and other information. No luck so far. 93 in 1999, born about 1903. Lived at 5 Stanford Avenue, New Brighton, Wallasey CH45 5AP. But without her first name or her husband’s name, I think I am at a dead end.
1999 – Elders Harris and Ross on Seacombe Promenade, Liverpool in background
14 January, I wrote: “Today had to be one of the longest days. So cold I haven’t felt my feet since 10:00 this morning. My eye is killing me. Swollen and every time I blink it hurts.”
Also that day: “I was so upset with Bobbie for having a cigarette. That is not me. Today the refiner fire has been hard to endure.”
15 January, I wrote: “At the mission office they sent me GQing with Elder Simion and Elder Wretham.” I would later serve with Elder Simion, in Wigan. I had to go to the mission office due to an eye infection. I had been sick for a while. As I continued: “We had a great time out even though we came back soaked. We were out for 2 hours in the rain. We come back and we ate. Dr. Turnbull saw me too. He looked at my eye and back. Eye is okay, just swollen from whatever was in it.”
14 January 1999 – Liverpool from Seacombe Promenade
Also that day: “We went to Bobbie’s and had his bishop’s interview and talk. The Spirit was so strong. We had pictures and first a great conversation.”
16 January, I wrote: “I am so excited for Bobby. I set him straight on prayer, no excuses for smoking or drugs after baptism, and so he must repent. I tried to set him straight on everything. Now, I can baptism him, now he cannot plead I haven’t done my job, I taught him. He accepted it all really well too. There is alot of good stuff going on too.”
Also that day: “We got our dinner cancelled yesterday so we got KFC. I got chicken strips. We come back here and some lady ragged out Elder Harris for parking in the way of the sidewalk. She asked him if he was just going to stand there looking stupid. His response was just that. He looked around, looked stupid, looked at her and said, ‘I am not looking stupid.’ I laughed and the lady walked on mad.”
At 9:00 that morning, District Development Meeting. As I wrote: “Now Birkenhead is doing great. They have 5 baptisms this Sunday.”
17 January, I wrote: “Elder Johnson and I went all over and absolutely no one was home. …We got back here at the flat at 12:30. We went with Elder Lewis to Bobbie’s house in Oxton. He wasn’t there. I called him and rescheduled for 7:00. We went to this family in Birkenhead and had a good conversation. They fed us some and then we had interviews in Pensley. The 5 they are going to baptize tomorrow. It took forever to interview them all.” I have no recollection or clue to who Elder Johnson is or why I was on exchanges with him.
That evening: “Elder Mueller and I ate at the Billington’s.” This was Lawrence “Lol” Billington (1928–2000) and Sheila Maureen Billington, née Connolly (1936–2020), both of Wallasey.
16 January 1999 – Bishop Grant Counsell, Robert “Bobby” Topham, Elder Ross
Sitting in sacrament meeting that same day, I wrote: “I am sitting in sacrament meeting here in the Moreton ward. They just finished talking on family history. I don’t think I have ever realized how important it really is. There is so much I have wanted to do. But that is one of the other things that will have to stay on hold till I return home. It is so exciting to do missionary work for the live, after my mission, I will get to do missionary work for the dead. Brother Cliff Roberts is a wonderful man. He gave the talk on family history. Many people joke that he is one of the three Nephites. I don’t think so, but I want to talk to him to make sure. Either way, there is a lot I can learn from him.”
I understand Cliff Roberts passed away from cancer a few years ago.
Also that day, at Bobby’s own baptism: “We are at Robert Topham’s baptism. Roy McKee has been officiating. Roy gave a great talk on Baptism. His daughter Tonya McKee gave a great talk on the Holy Ghost.” “Kathy Dunford gave the opening prayer.” “I now have a firm testimony of baptism. Not that I didn’t, it is just reaffirmed.” “Robert signed the other page. That is his signature. Bishop is talking on following the commandments. He is talking on how we need to endure.”
16 January 1999 – Baptism of Robert “Bobby” Topham with Elders Harris and Ross
18 January, morning, I wrote: “Elder Llewelyn and I walked to the McKee’s. Not Roy but his uncle. We had a great conversation. Very spiritually uplifting. I look forward to more.”
Robert “Bobbie” Topham’s signature in my journal
19 January 1999 – 25 January 1999
20 January, 6:10 AM, I wrote: “We met this other guy named mike. He was one of the first surfers in Great Britain. A great guy. That was during the late 60’s. He still travels to Australia every couple of years. Never surfed California or Hawaii. Great guy but he doesn’t believe in God at all.”
Also that day, tea with Roy and Carol McKee: “We went to tea at the McKee’s. She is a really good cook. We played piano some and some snooker. We ate a good dinner and had a good conversation.”
Also that day: “Even though another lady answered the door in the nude, we went back because she said we could. We taught her the first. I forgot her first name. I think she will accept the gospel.”
And: “We went and talked to Bobbie and we caught him smoke a cigarette. We talked to him and about smoking. He says he is trying. He needs to do.”
At 10:06 PM that same day, I wrote: “We got fish and chips for lunch. I got back and had 11 letters in the post. Yes, ELEVEN LETTERS. Can you imagine my joy. It took over an hour to read all of them. The fish and chips was great too. We had tea at Counsell’s. It was homemade pizza. It was really good. WE had a really good time. Oh last night we gave Isabell MacKinnon a blessing. I got to give it to her. It was exciting. I love this church.”
22 January, 6:11 AM, I wrote: “We went with Elder Knight + Llewelyn to see grandma. We gave her the 4th discussion. She is really torn between her family and joining. I hope her family will soften their hearts and tell her it would be okay to join. We don’t know how much time she has. It is so sad. She says her family is really upset with her. We taught a 1st to Bobby’s son, Steve. I hope his mother and him will come to embrace it. It will keep Bobby on his toes too. We had fish and chips for dinner because we didn’t have a tea scheduled. I went out with Victor Wise to do home teaching. We went from down by the church on Norwood Road to New Brighton on Wellington Road. And clear back. That was a long walk and Vic walks fast. He even keeps me on my toes. I talked to his wife and him for a while. Neither the people we went to visit were home. How sad. We have to try again.”
Victor Charles Wise (1923–2004) married Brenda Tingle (22 February 1933, Sheffield – 22 December 1999, Upton, Cheshire) on 9 December 1977; both have since passed.
23 January, 8:45 AM, I wrote: “One thing, grandma is having such a hard time choosing between family and faith. We had dinner at the Pitts. The bishop’s father-in-law died, another member of our ward. Hopefully it gets better for this ward.”
“Elder Knight + Elder Llewelyn are leaving us. It will become a 4 more flat. Elder L to Liverpool Elder Knight to Leland up by the temple.”
“Oh, the joy of giving truth.”
24 January, 6:10 AM, I wrote: “I cannot believe I have been in England a month already.”
“We went to do a street meeting after DDM. I thought it was quite unsuccessful. Everyone went to Burger King after. It felt good to eat a decent burger, but it wasn’t my way, right away. We don’t get options of what we get on the burger. Basically you get the burger or you don’t, that is the only options.”
“We went to Leasowe and nothing happened. We didn’t teach anyone and it went slow. We met at Jackie’s for tea but Elder Llewelyn + I were told to go to the Ryan’s. We went. It was a nice huge house. Dinner was great. We got on this joke that Sister Ryan is a translated being and she started Sara Lee and owned Standard Oil, Ford, and a ton of other things like that. It was such a blast.” This was Liz and Mike Ryan.
24 January, 2:12 PM, I wrote: “We are at Irene Jame’s baptism. We just sang hymn #300, Families Can Be Together Forever. I get to be the chorister, and Roy McKee is officiating. His daughter, Tonya McKee is the organist. Emma Hall is giving the 1st talk. It is on baptism. Baptism is such an important step. Gayna now, probably on Holy Ghost.”
Mary Irene Thomas (12 April 1930, Wallasey – 21 June 2014, Birkenhead) married Harry James (1923–1987) in March 1956, Wallasey.
“Now John McKee, Roy’s uncle. This should be good. I remember how he told me about the giardian angel at the foot of his bed in the hospital. We were told a story on how when a guardian angel wants you to know he is there he will leave a white feather.”
John Huddleston McKee (1928 in Liverpool to 2025 in Wallasey).
Writing early on the 26th about Sunday night, I recorded: “Sunday night we went to tea after the baptism and they had Elder Llewelyn and I walk back again. We walked all the way from Morton through Leasowe and to Wallasey. We stopped at John and Audry McKee. Elder Llewelyn and I had a really good conversation. We discussed Doctrine + Covenants section 4 verse 6. …John and Audry McKee are like my adopted grandparents. They are so wonderful. They gave us a ride to Irene James, the newly baptized lady. We talked there for quite a while and went over to Gayna’s. We talked for a while and ended up running all the way back to the flat. We got in at 10 seconds after 9:30. We were late.”
Monday, 25 January (P-day), I wrote: “We come back and changed and headed to Liverpool. I love Liverpool. It was all so big and beautiful. Huge but grand buildings. These buildings have class. It seemed like another country. The styles they wear and the music. The stores are so much different. We went to Pizza Hut and had the buffet. It was all you could eat. I love Pizza Hut. The pizza was better here than in America. The crust was so soft, greasy, and yet with that crunch. Elder Llewelyn and Elder Knight transferred away. …We walked through Liverpool town center and went to the car and come back to Wallasey. The Kingsman Tunnel is cool too.”
Below is a map of every home we visited, taught, or contacted that week, pulled from the Teaching Pool, Less Active list, Finding Pool, and Contacts recorded on the back of that week’s planner page.
Teaching appointments from 19 January 1999 to 25 January 1999
Teaching Pool
Bobby Topham — 8 Royston
Colin & Tracy — 28 Water
Sandra Corbert — 166 King
Less Active
Joe — 73 Trafalgar
June — 25 Sedbergh
Paul — 98 King
Mike — 1 Fell
Julie — 20 Lancaster
Ann Shane — 10 Tudor Ave
Brenda Reynolds — (no address)
Finding Pool
Chevon — 61 Hampstead
David Evans — 7 Annesley
Lisa — 15 Windham Rd
Stan & Helen — 42 Hampstead
Malcolm — 20 Lancaster
Andy — 44 Eastcroft
Veronica — 60 Harvest
Contacts
Emma — 7 Hampstead
Lynn — 1 Hampstead
Caroline — 27 Annesley
Jan — 53 Annesley
Sue — 1 Bell Rd
Kathy — 28 Ilchester
Joe — 3 Ilchester
Helen — 35 Royston
Maz — 15 Knowsley
Sue — 54 Albemarle Rd
Shirley — 36 Union
Jon — 17 Summit
Conesta — 35 Greencroft
Linda — 69 Rycroft
Sharon — 71 Rycroft
Margaret Quinn — 47 Rycroft
Anita — 35 Rycroft
Olwin — 46 Hampstead
Tim — 54 Hampstead
Chris Walsh — 62 Hampstead
Chris — 66 Hampstead
Gordan — 33 Greencroft
Wendy — 8 Tudor
Alan — 14 Tudor
Lawrence — 22 Tudor
Paula — 8 Lucerne
Teresa — 49 Lucerne
Mr. Partridge — 16 Centurion Close
Joyce — 11 Lucerne
Shelly Thomas — 20 Rudgrave Square
Enid Hill — 50 Wellington
26 January 1999 – 1 February 1999
27 January I wrote: “I am so tired. I hope one of these days I get over this feeling. We went to Birkenhead for service. We went to the chapel up there and the sisters made us breakfast. It was not good at all. We put all our plans together for flight 401. It will be the 4th discussion acted out by 12 missionaries. I get to be the missionary on the plan who tries to convert the high jackers. I spelled that wrong. They blow up the plane and they take the people through all the different glories and stuff like that. I get to play all the time on the piano in the chapel or celestial room. Missionary straight to celestial. That is cool, they didn’t mean to do that. We came back here and changed. I forgot my coat at Birkenhead so I don’t get any money till I get it back. Also, my letter home is sitting in the pocket. I might not get it back till Fri, Sat, or Sun. All those at home are going to have quite the wait. Unless the Birkenhead Elders took the coat with them and if they did, Elder Harris will have them mail my letter.”
1999 – Riding train to Birkenhead
Also that day: “We went out proselyting after in Elder Knight’s area. I like New Brighton more than Wallasey. I hope we work that alot. It rained hard the whole time. The coat of Elder Lewis I borrowed wasn’t rainproof so I got drenched. Even the stuff in my bag got pretty wet. We come back and dried out.”
Later that day: “We went back out and met a ton of people. We had tea at the McKee’s again. It was a good dinner like usual. We found out Carol plays the guitar. Roy has an office to die for. That thing is loaded with just about everything. Tonya is quite into music too.”
Also that day: “We went to Irene James or Clinton’s nan and she asked me to confirm her. This will be my 3rd Confirmation, no baptisms. I mean performed by me.”
28 January, 9:57 PM, I wrote: “I have to admit, these past few days have been different. I have gotten so into the other things that I have not had time to write. The Spirit has taught me much over the past day. I look forward with great anticipation to the future. I have become much more calm and open through the Spirit. Love has increased as has humility and insight. I do hope that it continues. I can tell now even in my writing a unworrisom feeling and appreciative attitude. Flowing and loveing, oh, how great is our Lord. For I do know that he lives. It was testified to me more.”
Also that day: “We had tea at the Wise’s where we were given many referrals. Things continue to lok up. Elder Harris + I are being blessed for enduring and continuing in diligence.”
Later that evening: “Later we watched Ensign to the Nations with Bobby at Gayna’s. So very moving it was. The last 15 minutes of the show moved me to my very core. It was once again reaffirmed to me by the Spirit of the truthfulness of this gospel. If only I had the words to describe it.” “Faith in Every Footstep with all the temples and angelic voices singing rocked my very core. Bobby too felt that presence.”
“We (Elder Harris + I) left and headed to Chester. We stayed the night and I went on splits with Elder Dixon. We tracted quite a bit and only got two call backs. Something was wrong. Elder Dixon seemed so unsure of the work. I hope he can become strengthened.” This visit to Chester was just overnight, and we didn’t even go downtown.
“We had tea at John McKee’s. Oh how great it is to share time with such righteous people. It is so exhilarating to the soul. It is so moving to be around them. Now I call them my adopted grandparents.”
“We had the flight 747 tonight. We act out a plane crash and then take all the people through the separate kingdoms. It worked out really well.”
I cannot imagine doing a Flight 401/747 post 9/11…
30 January, 9:50 PM, I wrote: “Today has been a phenomenal day. I started reading my book that dad sent to me. It is called Drawing on the Powers of Heaven. Wonderful book. I will be glad when I can understand all of it and apply it.”
“At 9:00 we left for the funeral of James Jones. That is Bishop Counsell’s father-in-law. James’ wife Audry was the one I thought made a perfect grandma. The funeral was absolutely stunning. Singing and the Spirit was great. Bishop Counsell got up and talked on [James’] life. This man was a perfect example of Christ. I hope to be like this man someday, who was so much like Jesus. …Bishop told of how when they found out he had cancer, that before returning to bed, the asked either to take him so he wouldn’t have to suffer or to let him endure happily. He now rests in peace. The Spirit touched me phenomenally strong. I cried. They sang O my father, I was streaming. Tonya McKee sat in front of us. She was sobbing. I was so touched by the Spirit. There was the closing prayer and we all went to the crematorium. There was a little service where The Stake President spoke, and we said our good-byes. I knew not this man but he has touched my life.”
Also that day: “After I talked to Cliff Roberts, the one everyone things is a Nephite, he isn’t. He did reveal some fantastic and great knowledge to me that I have been looking forward to. He was a 2nd witness today. I told him how he quickened and excited my soul by how great of an example and by his righteousness. He thanked me. I hope he remembers I look up to him.”
“The high point was we taught Bridgette tonight. The lady with green hair. She is so in tune with the Spirit. She taught us most of the plan of salvation but she knew not that it was divine. We explained the light of Christ. She totally accepted it all and agreed but she is so use to having herself. She finds it hard to acknowledge her conscience as the gift given from God. She uses cards for answers and prayers. Interesting. She totally believes in Spirits. She communicates through them. Dangerous, a bad one could get in there. I think she will come around.”
“A poem given today: ‘Time is, Too slow for those who wait, Too swift for those who fear, Too long for those who grieve, Too short for those who rejoice, But for those who love, Time is Eternity!’ So true.” The poem is “Time Is” by Henry Van Dyke, from his 1904 collection Music and Other Poems, originally written as an inscription for a sundial in a friend’s garden, and later read at Princess Diana’s funeral in 1997. Van Dyke’s original last line was “Time is not,” though the “Time is Eternity” ending recorded here has become the more commonly quoted version.
“I had a memory of a dream this summer. The entire dream followed tonights sequence of events at tea. Everything down to the number of donuts and the cool little fry fork. The past, present, and future are all one in the Lord. All present.”
31 January, 10:34 AM, I wrote: “We are now in Sacrament Meeting. It has been a great meeting so far. We started singing hymn #60. I love that hymn. His truth is marching on and I am helping that it goes forth. I confirmed Irene Mary James. What an honor to bestow the gift of the Holy Ghost, not just the gift but thee Holy Ghost. It was great.” “There was a talk given on the windows of light. She commented on how Joseph Smith looked for the light and found it.”
Also in that meeting: “Jackie Laing tells her conversion story. She was…searching for the truth. She said nothing captivated [her]. The Born-again Christians she went towards. She joined with them. She found a member and went to church. She later had the discussions. It is true, she could find no fault. She had an experience with the Book of Mormon.” “She commented on the excitement of hearing an answer for a prayer or having a revelation or inspiration. Such excitement.”
“We are now in combined Relief Society and Priesthood. Roy McKee commented that if anything goes wrong, we weren’t prepared. That is so true. Nothing can go wrong if we are prepared. We should be prepared for anything. That is one of the reasons we work and learn from the past.” “Cliff Robert commented to me that price is any opposition to that which is good. The father of all lies, the author of blackness, or the pride. We are all equal, God is no respecter of persons. What a thought.”
“We went to Moe Jones’ after. There were talked with Lois and Moe. Lois might get baptized.”
Written 2 February, relating to 1 February: “Yesterday was quite the interesting day. We went to Chester, walked the wall, pigged out at Pizza Hut, and came back. I got pictures and I wrote about it in the letter home.”
1 February 1999 – Chester Town Center from Wall
Scan of Chester Cathedral postcard
1 February 1999 – Falls on River Dee, Chester, Cheshire
1 February 1999 – Elder Mueller walking on Chester Wall
Below is a map of every home we visited, taught, or contacted that week, pulled from the Teaching Pool, Finding Pool, and Contacts recorded on the back of that week’s planner page. This week’s page had no separate Less Active section.
Teaching appointments from 26 January 1999 to 1 February 1999
Teaching Pool
Sandra Corbert — 166 King
Irene James — 6 York Ave
David Evans — 7 Annesley
Jamie — 5 Dalmorton
Joyce & Carol — 19 Caithness
Grandma Walker — 5 Stanford
Sandy & John — 5A Caithness
Debbie White — 35 Gorsehill
Finding Pool
Olive — 26 Lucring
Casgy — 42 Lucring
Veronica — 40 Harvest
Malcolm — 20 Lancaster
Stan & Helen — 42 Hampstead
Chevon — 61 Hampstead
Unis — 1A Dalmorton
Kevin Paul Shawn — 31 Dalmorton
Mrs. Williams — 34 Hereford
Jane & Fancie — 73 Dalmorton
Mike & Liz — 8 Imperial
Sue — 23 Imperial
Christine Walker — 14 Elgin
Sandra — 3 Grosvenor
Paul — 50 Radnor
Shic — 90 Liscard
Dennis — The Channel
Rhona — 12 Sutton
Joan — 5 Coronation
Andy — 44 Eastcroft
Roy — 78 Urmson
Pam — 81 Urmson
Ian — 4 Warwick
Contacts
Paul — 17 Dalmorton
Mrs. Kathrel — 25 Imperial
Mrs. Nuttal — 30 Elgin
Joe — 13 Denton
Ria — 5 Coronation
Mike — 13 Edinburgh
Terry McCormick — 13 Station
Daisy & Becky — 22 Beach
Sharon — 58 Lusging
Georgia — 51 Albemarle
Wendy — 8 Tudor
Alan — 14 Tudor
Lawrence — 22 Tudor
Gordon — 23 Greencroft
Kangsta — 35 Greencroft
Doug — 62 Lusging
Mrs. Williams — 35 (unclear)
John — 17 The Summit
Emma — 7 Hampstead
Jan — 53 Annesley
Sue — 1 Bell
Kathy — 28 Ilchester
Maz — 15 Knowsley
Conesta — 35 Greencroft
Margaret Quinn — 47 Rycroft
Chris Walsh — 62 Hampstead
Chris — 66 Hampstead
Paula — 8 Lucerne
Joyce — 11 Lucerne
Shelly Thomas — 20 Rudgrave
Angela — 25 Lancaster
Gordan — 75 Withers Ln
Mrs. Buely — 100 Urmson
Jackie — 77 Urmson
2 February 1999 – 9 February 1999
Written 3 February, about the night before: “Last night we had tea at the McKee’s again. It was a great dinner but afterwards, Carol, her mother, Elder Mueller, and I had a great conversation. I don’t remember all what about, but it was great.”
2 February 1999 – Elder Harris walking below promenade at New Brighton, Merseyside
Also that day: “We taught David Evans today. He is really intellectualizing all of it. I tried to explain it to him that way. The same was to Bridgette a couple of nights ago.”
Also that day: “Earlier today, we went to the Ryan’s. She took us to another house and wanted us to bless it. It has Poltergeists. Those are ghosts that move things. She showed us the rooms with the problems and when we walked in, it was so cold. I jumped when I walked in the room. Weird noises, weird feelings. I prayed, Elder Harris blessed it. I hope we did it right. We don’t have anything written on how we are supposed to do it. I felt better afterwards. Sister Ryan and the two of us talked for quite some time. We had tea at the Annals. It was a riot. It was absolutely great. They are a wonderful family.”
This was Mike and Liz Ryan.
Reading the letters I sent home to family, there is more detail there too. The first time we blessed the home, nothing happened. It went even more cold. Like they were staring at us. The second time we blessed the home, it was confrontational. Like they were staring us down and snickering at us. The last time we prayed again before we blessed the home. This time, everything was different. The light and warmth came back into the room and we were at peace. But after the second time, we were afraid and had to huddle in prayer before trying yet again. Very humbling.
4 February, I wrote: “I just realized that today is the day dad gets sealed to his parents in the Ogden Temple. A joyous day indeed. I believe that on the 7th Bud [Lloyd] gets the Priesthood. What joy and happiness have come into this family. I can say I had a small part in it. My joy will be full when mom comes around. We have all tasted such sorrow and bitter. Dad’s patriarchal states he will be sealed in the temple yet in this life.”
“My family, wife on down will be a eternal family. My children shall know the gospel and its divinity.”
“Bud and grandma will be sealed later this month or in March. Another outstanding year this will be. As was last, a year for the books.”
“President talked to me and gave some words and advice. He is most definitely a servant of the Lord. He told me that it is too bad we can’t put the head of a 40 year old on that of a 19 year old. But, we can’t so let them learn. Some are further than others.”
“He commented on the repentance process. We talked about rules, but a higher law. He commented on individuals not the law. The Lord cares on serving others, not keeping rules for self. Try to lead (live) the laws but put others first. He commented on sanctification and working towards perfection. Oh what joy. Righteous people invigorate and energize the soul. Follow the Spirit. It is so enlightening. You learn so much more on watching and seeing how it relates to the gospel. All things apply. Everything is of a spiritual sense. Such excitement in Christ.”
5 February, I wrote: “Yesterday was a phenomenal day for the Moreton Ward.”
“We had tea at the wises. It was good. Chips, pork, beans, with rhubarb crumble. We left the Wise’s and went to Jackie Brooks. There we all talked and had a really good time for a half hour. There were 8 people in the room, all of baptismal age. We Built Relationships of Trust and moved into the discussion. The Spirit was strong. Four of the Eight agreed to baptism and I believe all the other 4 will too. One of the 4 is Robert Topham’s son, Robbie Williams. I think he will come around. Alex, a friend of Cassie (one of Jackies) wants a book and I believe she will committ. Jackie didn’t say yes or no. The four committed are Jackie’s 4, Cassie, Rebecca, Gary, Mike. Jackie will if all four of her children do. Jackie’s friend Angela will too I believe and have faith in. Angela’s husband stole her book and is reading it. Angela has 5 children. I don’t know anything about Alex’s family, she could be the key there. Robbie + Robert could be the key to Robbie’s family. Robbie was amazed that it was Elder Harris and I that converted his father. It is a small world. Overall we are moving toward the goal…on the mission. This is a good start. All praise to God. What a privilege to be an instrument and in this work.”
Also that day: “We have been invited to teach at a mothers meeting at St. Joseph’s. If we can get the Spirit there and teach, this could swing a gate wide open. If one or two listen at the meeting today, it will be worth it. I hope so much we can see this to come to pass. I can hope so much that if this is a trap, we can still hold the honor and respect and catch them. All will go fine.”
“Oh, and a thing about Jackie Brooks. I had a ton of incidences there that I have seen before, de ja vous as they call it, but I can’t spell it. It is right we teach her. It is all so exciting. In my interview with President Stucki yesterday he commented, you watch the pennies and the dollars will take care of themselves. Take care of the details and there will be no problems.”
7 February, I wrote: “I have come to see that evil spirits exist so much more than ever expected. I am so grateful for the Priesthood and to be able to force them to leave but they must not return. What a blessing. The story of Elders in Barrow and having to cast out evil spirits. They did it wrong and they could hear all the laughter at them. Finally they got it right.”
“Sister Liz Ryan is great. The Ryan’s and I get along great.”
Writing on the 7th about the day before: “We taught the Brooks family and taught them a 3rd yesterday. We went bowling (10 pin) after. We had two games. I did horrible. Didn’t even break 100 either game. They are a great family. We had fun. We picked up the other Elders and went to tea at the Hankins. Elder Mueller and I ate there.”
“We taught Bridgett the rest of the 4th with Catchya. They refuse to live the law of chastity. We found out they are bi-sexual. We visited Fraziers and came home.”
7 February, I wrote: “Today I have to admit was a day full of new and exciting things. I awoke and read about 1/3 of 2 Nephi. Such exciting things in there. So much to be applied. It is definitely written for our day. Elder Mueller and I left. We walked Gayna, Irene, and Clinton all to church. It took a while but we arrived. The Moreton Ward had a full house today. It was good to see Jackie Brooks and all of her family there. It was fast and testimony meeting today. I got to bear my testimony. I love this church so much. I know it is true.”
“Gospel Principles was taught by Elder Mueller and I. It was great.”
“After was Priesthood… Mind maps. I never knew they existed… I use mind maps and associative reasoning all the time. Roy McKee is a genius. Oh, howe everything makes sense… Mind maps only work for the person who makes them.”
“Cliff Roberts constantly impresses me. He isn’t one of the Nephites but he might as well be. Priesthood was phenomenal. Robert Topham got the Aaronic Priesthood as a Priest. That was good too.”
“After, E Mueller and I walked Gayna and Clinton home. Gayna and I had a really good conversation.”
“E Mueller and I went to Clinton’s to offer his mom the Sacrament. She kicked out Clinton last Sunday. He has been living in a wayward home… We comforted her and went to tea.”
“We had a good tea at Jackie’s. We taught Jaime the 3rd. After we left and went to Gregory’s. We gave them the Sacrament. We were there about half an hour. After we went to the Wilson’s. We sat there and talked a while… Sister Wilson commented on Elder Mueller and my lesson. She said she really enjoyed it. I love the Spirit so much… Oh, Elizabeth Wilson has changed so much since I first got here. The gospel makes such a difference in peoples lives… We left there and went to Jones’. At Jones’ we had a good conversation with Moe and the family. Kelly is the one in love with Donny Osmond. She is a really good girl… After we came home.”
This entry also marks the end of Journal #5. Some closing quotes I’d recorded at the end of that journal:
“You can’t be brave if you’ve only had wonderful things happen to you.” — Mary Tyler Moore
“We are all in the gutter, but some of us are looking at the stars.” — Oscar Wilde (spoken by the character Lord Darlington, Act III of Lady Windermere’s Fan)
“Wisdom is knowing who you are. Once you know who you are, the rest just follows right after.” — Pam, in Saturday’s Warrior
“What you get in the Hereafter, depends on what you’re after here.”
“Keep your eye on the whole forest, not just the trees.”
9 February marks the first entry of Journal #6, which opens with a quote given to me by Tanya McKee:
“The gift of the Holy Ghost quickens all the intellectual faculties, increases, enlarges, expands, and purifies all the natural passions and affections, and adapts them, by the gift of wisdom, to their lawful use. It inspires, develops, cultivates, and matures all the fine-toned sympathies, joys, tastes, kindred feelings, and affections of our nature. It inspires virtue, kindness, goodness, tenderness, gentleness, and charity. It develops beauty of person, form and features. It tends to health, vigor, animation, and social feeling. It invigorates all the faculties of the physical and intellectual man. It strengthens and gives tone to the nerves. In short, it is, as it were, marrow to the bone, joy to the heart, light to the eyes, music to the ears, and life to the whole being.” — Parley P. Pratt, Key to the Science of Theology
I was very moved by it, kept it, and quoted from it the rest of my mission.
10 February, writing about Monday’s P-day, I recorded: “We went and played Squash for 2 hours that I loved. I played so hard my face went bright red. Now, every muscle in my body is sore. It was really good exercise. We played 2 on 2 which was an absolute riot. We went and got our groceries at ASDA and come home and showered – changed. We went to Birkenhead and looked around the market. It is just that, a ton of merchants have little shops up where you can by just about anything. We went and got fish and chips down by the bowling alley and promenade. We played some pool after too. My personal favorite is air hockey. We come back to the flat and I wrote my letters.”
“We got ready and Elder Harris and I went to Jackie Brooks. We talked for quite a while and and gave the 4th discussion. It went really well… But time went on and we got a story where Carrie had a dream a couple of months ago where she dreamed I had tried to kill her. Then they got out how they knew their were spirits in the house. One with dreams and visions that were not inspired of God. Another where Jackie’s ex-husband had a visitation and other stuff. Even Jackie didn’t think they were alone. Many people had also died in the home, all by heart attacks. I’ll bet it had to do with fright. One person hung themselves in the attic. Mike, the boy, has problems where he jumps up, does something, and returns to normal. He cut off his mother’s finger once, broke her toes, took a golf club to his sister, beats his head to a bloody pulp and sits down like nothing happened. Best of all, when asked why, he says, ‘God told him to.’ First thing that popped into my head was Moses 1:19. That is where Satan tries to deceive Moses and says he is God. I explained that verse and I was enveloped by a feeling of evil. I knew I was okay but what about them. I continued with the feeling that was so strong. I kept catching things out of the corner of my eye in the back room. I could tell something was there. We kept talking, I explained the blessing on the Ryans neighbors, I also explained on how baptism brought the Holy Ghost which would protect them from such events in the future. I kept catching glimpses of someone in the back room and when I would look, I couldn’t see them. We brought Bobbie to be there as a fellowshipper and because of his son Robbie who was there. We had to leave because we needed to get in. We left. I felt so sorry for that family because of experiences I had exactly like that when I was real young. Bobbie informed us right on the street before we parted. He told us of a gift he had to see Spirits. He told us there was someone back there. I wasn’t just imagining. That made missionary work so much more important to me. I have another mission, not only to convert, but to free from the bands of Satan’s army… I told [Elder Harris], ‘if we are real, so are they.’”
I have more I can share regarding this story. It is still vivid in my mind all these years later.
Below is a map of every home we visited, taught, or contacted that week, pulled from the Teaching Pool, Less Active list, Finding Pool, and Contacts recorded on the back of that week’s planner page.
Teaching appointments from 2 February 1999 to 8 February 1999
Teaching Pool
David Evans — 7 Annesley
Malcolm Patterson — 20 Lancaster
Jamie Laing — 102 Anlew
Less Active
Sheryl — 2 Keswick
Adam — (no address)
Elizabeth — 30 Kinnard
Cooles — (no address)
Finding Pool
Chris — 7 Devereux
Pam — 81 Urmson
Roy — 78 Urmson
Jackie — 77 Urmson
Angela — (no address)
Stan & Helen — 42 Hampstead
Veronica — 60 Harvest
Olive — 26 Lucerne
Kevin — 31 Dalmorton
Paul — 17 Dalmorton
Cain — (no address)
Frieda — Lincoln
Ian — 4 Warwick
Contacts
Becky — 7 Littledale
Tony — 40 Buchanan
Mrs. Stevenson — 26 Eastcroft
Emma — 7 Hampstead
John — 17 Summit
Mrs. Williams — 35 Marlowe
Kangsta — 35 Greencroft
Gordon — 23 Greencroft
Daisy — 22 Beach
Gena — 4 York
(unnamed) — 3 Rivington
Dave — 32 Barrington
Julie — 17 Mossy Bank
John — 1 Mossy Bank
9 February 1999 – 16 February 1999
Written 13 February about Wednesday (10 February), I recorded: “Wednesday, I spent the day with Elder Mueller. We didn’t have that much time in our area. We tracted a road in New Brighton and then went to Elder Mueller’s area. We did really quite well. We ran out of Book of Mormon’s. We taught some good people. Mueller and I had tea at Counsells. It was sweet and sour curry on rice. It was so good. Bishop and I had a really good conversation. We were there for two hours and really all of it was at the dinner table. It was a great conversation.”
Also written on the 13th, about Thursday (11 February): “One thing I remember is we met E. Lewis + E Mueller at the Billington’s. E Mueller and I went to the Ried’s for tea. …what an honor to be there. …cornbeef hash and beans, it was a sacrifice for them. That little girl told us how much she loves Elders and Jesus and Joseph Smith. …What an honor to eat in the home of such righteous people.” This was Judith and Tony Reid.
13 February, writing about the day before (Friday, 12 February), I recorded: “Yesterday was a great day. I loved all the time I had with Elder Olson. Elder Harris went with Elder Meehan to Altrincham so I got E. Olson till 2:00. We went down along the promenade and we just had a blast. We taught 4 and gave away 3 BOM. …Not only that, we fellowshipped 2 new-members, did two call-backs…and scheduled 2nd discussions, and got a few more call-backs. …The best thing, Elder Olson and I enjoyed it. We weren’t racing all over and even stopped to sit and talk a couple of times. We just had good conversations on how we could be better missionaries. We got out our gripes which was good. I did my complaining and he did his about our trainers. I am so excited for the work once again. Gayna even enjoyed Elder Olson. She commented on the temple made everything better for her. She said she felt much better after it.”
“I wish everyone understood how great this is. They wouldn’t take things so lightly, the would find less worldly fun. …My joy is full beyond measure. I can say I know god lives with full truth.”
On 13 February I wrote: “We have assembled for our weekly DDM. I am glad to have this opportunity to learn and see other people views. I learn so much, as I hope other people do at these DDM’s. The Spirit is so exciting.”
14 February I wrote: “We are now in church having a great feast. There was a talk on the divinity of our leaders. That is so true. It was good. She commented that we should always follow our leaders in the Spirit in which they acted. I think so many times that is forgotten.”
“We are now in gospel essentials talking on the Word of Wisdom. The Word of Wisdom is obviously inspired. It is hard for people. If people find the Spirit they can overcome it, the Lord will help us. Why do people always ask what is wrong with tea. It is a commandment from the Lord. It might be caffiene, tannin acid, or anything else, it is a commandment. Joseph Smith was a prophet of God. Don’t worry about decaffinated, just avoid all appearance of evil. Be an example. We are to eat healthy wholesome food. That is so true. There is a path, straight and narrow. Eat meat, but don’t eat alot or don’t eat it at all.”
“Gayna, just come in and told me that Elder Harris + Elder Mueller just went to the hospital. She thinks he broke his ankle. I hope not…”
“Priesthood now. Brother Pitt is teaching the lesson looks really good. But the soul that receives and relishes truth, the more noble a soul, the more noble, the more responsible and Christlike is the person overall.”
“We got to Arrow Park Hospital. Elder Harris leg or ankle was just sprained. Nothing serious.”
“We come back and went to Elizabeth’s after. We talked with her and she wanted a blessing. Elder Lewis gave her that. We come home and Elder Harris burn a pair of pants on the 18 month anniversary.”
15 February, in the evening, I wrote: “I am so excited for the next two years of my life. I am so happy to have a reconfirmation of the divinity of this church. I feel so calmed and serene. We left to go teach at the Brooks. We taught the 6th discussion. It went really well. I will hurry and learn and memorize the discussions. I feel so dumb looking out of the book. Oh well. Carrie + Michael we will baptize on Thursday, go to the temple on Friday, go bowling on Saturday, and confirm them on Sunday. It will be a busy week for them. I pray the Spirit will touch Jackie…, Rebecca and Gary. They are meeting alot of opposition. I hope things go better. I love this work.”
Below is a map of every home we visited, taught, or contacted that week, pulled from the Teaching Pool, Less Active list, Finding Pool, and Contacts recorded on the back of that week’s planner page.
Teaching appointments from 9 February 1999 to 15 February 1999
Teaching Pool
David Evans — 7 Annesley
Jamie Laing — 102 Curlew Way
Brooks — 77 Urmson
Less Active
Sheryl — 2 Keswick
Elizabeth — 30 Kinnard
Joe Wadron — 7 Hertford
Annal — (phone number only)
Finding Pool
Julie & Emma — 17 Mossy Bank
Mark Story — 11 Mossy Bank
Ron Cullinan — 20 Withington
Irene Lewis — 6 King
Frieda — Lincoln
Pam — 17 Dalmorton
Olive — 26 Lucerne
Stan & Helen — 42 Hampstead
Roy — 78 Urmson
Pam — 81 Urmson
Margaret — 42 Rycroft
Contacts
John Taylor — 1 Mossy Bank
Jaime — 40 Rivington
Gina — 2 York
Conesta — 35 Greencroft
Gordan — 23 Greencroft
Emma — 7 Hampstead
Becky — 7 Littledale
Tony — 40 Buchanan
Mrs. Williams — 35 Marlowe
Mrs. Stevenson — 26 Eastcroft
Laura — 5 Straughough
Scott — 46 Massey Park
Sue — 8 Keswick
Sue — 2 Holland
Cola — 33 Grosvenor
Dorothy — 44 Bell
Graham / Blu / Stewart / Chubb — 9 Demesne
(unnamed) — 10 Norwood
Mrs. Latham — 28 Seaview
John — 90 Greenwood
Alice — 83 King
Mrs. Parsons — 112 Rake Lane
Helen — 14 Longlane
Edward — 8 Arkle
16 February 1999 – 21 February 1999
16 February, I wrote: “This morning has been short and cold. Elder Mueller + I went out and taught but one. I just finished reading Gene R Cook’s book Receiving Answers to Our Prayers. It is a great book. Didn’t go into detail like I wished it to but I did learn from it.”
17 February, I wrote: “We are moving and assembling here in Birkenhead once again for Zone Conference. It doesn’t seem possible that I have been here for 2 months already. I hope I have one more month here in Moreton. I am so amazed at how full my joy is. It continues to grow and my bliss is complete. What more can I ask for. …I am so glad to be a part of this work. I am working on self-actualization in hope of becoming a better person. To be a blessing to everyone I come in contact to. I need to accept everyone for who they are and then will they change to become better. Love them is so important.”
“There will be an Easter Media Campaign.”
“Such a spiritual high today.”
“We blessed Gayna’s house. I did it and had the worst time.”
“They sent Elder Mueller + I out quite a bit. We worked wonders. We had tea at the Annals. It was good. It is a riot over there. We taught 6 and gave away 3 BOM’s in but 2 hours.”
Around this time, I recorded a few quotes I’d been reading, including several from Stephen R. Covey’s The 7 Habits of Highly Effective People, which I finished around this stretch of the mission:
“The inside-out approach says that private victories precede public victories, that making and keeping promises to ourselves precedes making and keeping promises to others. It says it is futile to put personality ahead of character, to try to improve relationships with others before improving ourselves.” — Stephen R. Covey, The 7 Habits of Highly Effective People
“That which we obtain too easily, we esteem too lightly. It is dearness only which gives everything its value. Heaven knows how to put a proper price on its goods!!!!!!!!”
That line originates with Thomas Paine, from The American Crisis, No. 1 (1776) — written to rally the Continental Army during the darkest days of the Revolutionary War — but I most likely encountered it secondhand through Covey’s book, which I’d just finished reading around this time.
“Reactive people are affected by their physical environment. If the weather is good, they feel good. If it isn’t, it affects their attitude and their performance. Proactive people can carry their own weather with them. Whether it rains or shines makes no difference to them. They are value driven… People (proactive) are still influenced by external stimuli whether physical, social, or psychological. But their response to the stimuli, conscious or unconscious, is a value-based choice or response… It’s not what happens to us, but our response to what happens to us that hurts us.” — Stephen R. Covey, The 7 Habits of Highly Effective People, pp. 71–72
“In the great literature of all progressive, love is a verb. Reactive people make it a feeling. They’re driven by feelings… If our feelings control our actions, it is because we have abdicated our responsibility and impowered them to do so. Proactive people make love a verb. Love is something you do: the sacrifices you make, the giving of self, like a mother bringing a newborn into the world.” — Stephen R. Covey, The 7 Habits of Highly Effective People, p. 80
“What lies behind us and what lies before us are tiny matters compared to what lies within us.” — attributed to Oliver Wendell Holmes (as commonly cited, including in Covey’s book), though the line most likely originates with Henry Stanley Haskins in his 1940 book Meditations in Wall Street
“People can’t live with change if there’s not a changeless core inside them. They key to the ability to change is a changeless sense of who you are, what you are about, and what you value.” — Stephen R. Covey, The 7 Habits of Highly Effective People, p. 108
20 February, I wrote: “I cannot believe I haven’t written since Wednesday night. I have been so into the Covey book because I have to finish it before Monday. Elder Harris did break his ankle. We went back in and it was broken. Plus, I have been waiting on him for everything so that doesn’t give me much time. Also, we had a baptism last night which has made me a slave to ironing and planning things out.”
“Thursday we had tea at Wise’s and I enjoyed it. …We had tea and I went home teaching with Victor Wise to Enid Hill. Enid is a great lady. She is an author of like 10 books and she had a manuscript to another.”
“I was with Elder Mueller Friday so we taught some. We had tea at the Billington’s and headed to the baptism. I got to baptize Carrie Ana and Michael Raymond Brooks. The Spirit was great. I stepped into the water and it was as if someone else took over. It was cool. I really enjoyed it. Elder Harris had his cast so he couldn’t do it. I enjoyed and loved it.”
19 February 1999 – Baptism of Michael and Kerry Brooks at Birkenhead Chapel with Elder Harris and Jackie Brooks
I am confused after this entry. Mom is Jackie Brooks. Kids are Carrie/Kerry, Rebecca (Becky), Gary, and Michael. Here and now I thought I had baptized Kerry and Gary, but this entry has Carrie and Michael. M Brooks wrote in my journal about me baptizing him below. Kerry also wrote in my book and signed Kerry. Not sure how that translates to Carrie. Maybe some day I can locate one of the Brooks family and flesh this out. I have tried to find one, but no luck to this point. I understand Kerry is a nurse/doctor not far from home, maybe in Chester?
“Oh, we got transfers last night. I am headed to Hyde and will be companions with Elder Peters. I guess Elder Peters is an army like man who served on the Isle of Mann. That is what Elder Harris said, so this could be really interesting.”
“I heard we are going out to breakfast with the Brooks so I can hope.”
21 February, my last night in Moreton, I wrote: “This is my last night in Moreton. I transfer to Hyde in the morning. I feel times march.”
“It is nearly impossible to imagine 3 months passage. Time is an interesting concept. It is relative only to those who focus on it. When you focus on the principles and values we embrace, life is easier, more laid back, and time disappears. When dwelling in the Spirit, being nearer to light in mortality truly does make time + space loose its grasp. Today will be remembered. Another day of good-byes. Another passage of time.”
“We went to church. Sacrament was great. We confirmed Kerry Brooks and Michael Brooks. Mike got the Priesthood in Elders quorum. Such an outpouring of love towards us.”
“Many expressing love, gratitude, and shedding tears. We said good-bye to Bobby and he was in tears. He cried fowl and it isn’t fair. Leaving the Wilsons is a scene to not forget. I standing at the end of the walk, the moon high. Their silhouettes, saying good bye and shaking hands. The spirit of love and tears not seen but felt. Going to Gayna’s and saying good-bye. She gave me an old copy of the Book of Mormon. It is timeless. Having tea at Jackie’s one last time. Going to the Jones. A good typical of Sunday but marked by tears. These are the days of mortality.”
“I will miss John + Audry McKee, Liz & Mike Ryan, Roy & Carol; and Tanya McKee. Cliff Roberts. Such a great ward. Tomorrow is another era of new sights, sounds. A new life. Great things lie in the future. Miracles are awaiting.”
Below is a map of every home we visited, taught, or contacted that week, pulled from the Teaching Pool, Less Active list, Finding Pool, and Contacts recorded on the back of that week’s planner page.
Teaching appointments from 16 February 1999 to 22 February 1999
Teaching Pool
Brooks — 77 Urmson
Jaime — (phone number only)
David — 7 Annesley
Less Active
Joe — 7 Hertford
Elizabeth — 30 Kinnard
Finding Pool
Dave Keatley — 8 Holland
Sue — 8 Keswick
Pam — 81 Urmson
Roy — 78 Urmson
Paul — 17 Dalmorton
Ron — 20 Withington
Mark — 11 Mossy Bank
Julie — 17 Mossy Bank
Laura — 5 Straighbargh
Scott — 46 Massey Park
Sue/Dorothy — 44 Bell
Graham — 9 Demesne
John — 1 Mossy Bank
Irene — 6 King
Stan — 42 Hampstead
Margaret — 42 Rycroft
Contacts
Nice Lady — 24 Martins
Alice — 83 King
Sue — 2 Holland
John — 90 Greenwood
Helen — 14 Long Lane
Michelle — 14 Park
Emma — 7 Hampstead
Conesta — 35 Greencroft
Gina — 2 York
Jamie — 40 Rivington
Cola — 33 Grosvenor
Mrs. Parsons — 112 Rake Lane
Tracy — 4 Beechcroft
Tunde — 49 Grosvenor
Laura — 18B Ferryside
Dave — 12 Clarence
Pat — 16 Bulkeley
Domini — 9 Claughton
Mr. More — 10 Russell
20 February 1999 – Arcade, West Kirby, Merseyside
20 February 1999 – Elders Mueller, Ross, Harris, and Lewis by River Mersey
22 February 1999 – Transfer day from Moreton to Hyde, Elders Ross, Harris, Mueller, and Lewis
Farewell
In my journal I kept a number of notes people wrote me as I prepared to leave Moreton. I’ve included them here, exactly as written. Elizabeth Cosgrove, whose note is first below, is now married and known as Liz Murphy.
“Elder Ross, hey you – I love you. I’ll never forget you + though I’ll miss you – I’ll think of you often + smile. Remember Prayer? Just do it! Ether 12:6. Hey face a fear and the death of that fear is certain! When people get you down or your past catches up with you remember – ‘Why should I pay for a debt that I never owed’ – helps leave the baggage behind dude. Hope you keep in touch when you finish your mission. Goodbye, Good luck till we meet again. Elizabeth Cosgrove. Matthew 7:7 It’s true!”
“Ross, I’m gonna miss you man! you baptized me and blessed me with the holy Spirit from God and I’ll never forget you. You gave me a gift that no-one else ever could! Your influence on me is unimaginable. I’ll love you always. Kerry Brooks. P.S. Please don’t forget me.”
“Hey Ross, I hope you wont forget me I am gonna Have to try and Be good on my own now. I now I will miss you and I will still pray for you I hope I can see you when you go home and write me and tell me when you leave cause I will see ya off OK Rember you always Clinton”
“hey man, I was the first person you’ve ever babtized so I sure hope you will remember me because I’ll sure remember you. M. BROOKS”
“Elder Ross, I can’t believe that you’re going I don’t fee like I got to know you well enough. I’ll write though. Be prepared because you know what I’m like I’ll just rabbit on about David. You be sure to tell him how great I am! I’m so humble aren’t I? Anyway thanks for everything! Kelly Jones.”
“Dear Elder Ross, Time has gone so fast, (too fast). I have learnt so much from you in such a short time, and I know that what I have learnt, I will apply it to my life. You have strengthned my testimony a great deal. I am eternally grateful for you! Carry on progressing the way you have been and carry on towards your eternal goal. You are a wonderful person, and never let anybody try to change you! I know that the church is true, even though I have been sent some trials I still know its true. I am grateful that I have had a chance to return into the fold. I know that the lord lives, and through him I know that we can return to live with him in great glory, love and fulness of joy. Amen. Thank you Elder Ross. Keep well have fun and smile always. Love you! and miss you! Gaynor”
Gaynor Plimley and Elder Ross
Gaynor came to visit after the mission. I drove to Salt Lake and picked her up and brought her to Idaho. We went and traveled and visited around. Something happened in church on Sunday. I just remember she sat with my Dad and I ended up in the back doing the doors. She was upset that I didn’t sit with her in Sacrament. The rest of the trip was a bit strained after that. Haven’t heard from her since. I am not sure what happened or why, I am sad about it.
“To, Elder Ross. Thanks for being a friend and I really am Glad I got the chance to meet a Good elder – You’ve alot of people Happy as always – I wish you could of stayed longer – But you must move on. Anyway, Hopefully you’ll have a Good laugh as much as You had here. Keep Smiling and I’ll always remember you. Love Emma Hankin (moreton Ward)”
“To Elder Ross, I’l like to wish you good luck on your next misson you’re a good elder I’ll miss you alot I’ll keep reading the b.o.m. so I can try + be good see ya Ann-Marie”
“Elder Ross – Too bad your going so soon! I think you’re a great missionary w/ lots of potential. Keep up the singing – you sound really good but I know you think you’ve got far to go. Maybe you’re closer than you think. Look out for Chris Devaney + Tim Preston from Ashton Stake – they rock too. I’m trying to think of original things here. Hmm… focus. There, that’s original. See you in the spirit world, if not before. love Tanya McKee.”
I will note that I think I referred to Tanya as Tonya throughout my journal entries. Since she signed it Tanya, joke is on me for using Tonya the whole time while in Moreton.
“Elder Ross, I can’t believe we’re all leaving. Time goes way, way too fast on a mission. It seems like I just met you, but 2 months have Gone by that Fast. I Really am Glad that I Got to Meet you, you have opened my Eyes to somethings. Elder Ross, I want to tell you that you’re going to be a dang good missionary. You are here for the right reasons, and you will be an amazing asset to the EMM. I just want to thank you for all that you’ve done for me. You Really have taught me alot & Given me alot to think about. You have helped me Realize the importance of Sincerety seeking out the Truth. Thanks For Putting Up with me. I hope you Know that I think you’re a good man & have so much to offer the Lord’s Kingdom. I know that the Church is True. The Book of Mormon has so much to teach us & I know it’s true. I love this work & I love being able to serve with missionaries like you! I’m sure I’ll see ya again. Take care of yourself & Always Be Yourself. Love ya Man, Elder Nate Mueller.”
“Dear Elder Ross, Wow son what I say, it’s been an amazing experience, we saw many mighty miracles in this land of Moreton, it was hard at first, but it turned out so good, I loved our last month together, the Brooks family is so cool, I really love them, it was so good to see you baptize Mike and Carry and hear you confirm all those people, it was great. I hope you enjoyed our little greenie joke also, thanks for everything it’s been so good getting to know you, ha mate I know this church is true, it is the kingdom of god on earth and I love it, I love you too man and I do respect you, so no hard feelings ha man. Remember Alma 43:32 and 1 Nephi 20:18 it’s time to labor and our rightousness will be as the waves of the sea. Take care, ha I’ll see you in Idaho sometime but California is the best. Adios Brother. Love Elder Jeremy R Harris.”
President H. Bruce Stucki (1 December 1937 – 29 May 2019) served as President of the England Manchester Mission from 1997 to 1999. Just a few months after this entry, he was called as a General Authority Seventy at the April 1999 General Conference, serving in that capacity until 2006. He later served as President of the Las Vegas Nevada Temple from 2006 to 2009. As a boy, he once lost an arrow while hunting rabbits near his childhood home in Santa Clara, Utah; unable to find it, he knelt to pray, and said he saw it the moment he opened his eyes — the first of what he described as many times the Lord answered his prayers. He is survived by his wife, Cheryl Cox Stucki, and their family.
Decision:In re Richard Michael McGuire and Dolores Sue McGuire, Case No. 12-41681-JDP (Bankr. D. Idaho, 4 Oct. 2013) Judge: Honorable Jim D. Pappas, United States Bankruptcy Judge Counsel for Debtors: Paul Ross, Idaho Bankruptcy Law, Paul, Idaho Chapter 7 Trustee: Gary L. Rainsdon, Twin Falls, Idaho Trustee’s Counsel: Brett R. Cahoon and Daniel C. Green, Racine, Olson, Nye, Budge & Bailey, Chtd., Pocatello, Idaho
Background
Richard and Dolores McGuire filed a Chapter 7 petition on 12 December 2012. Their schedules listed two vehicle deficiency debts: $24,265 to Chartway Federal Credit Union and $48,363 to Utah Central Credit Union, the latter being a division of Chartway. At the time of filing, the Debtors believed the collateral — a 2005 McKenzie Medallion trailer repossessed by Utah Central on 21 September 2012 — had long since been sold. In January 2013, having liquidated non-exempt assets of the estate (principally cash value from the Debtors’ life insurance policies), the Trustee filed a Notice of Assets directing creditors to file proofs of claim by 22 April 2013. The estate held approximately $13,951.
Utah Central filed its proof of claim on 3 June 2013 — forty-two days after the claims bar date — asserting a deficiency of $34,165.32 and attaching only an account printout to the filing. It was the only proof of claim filed in the case. When the Debtors received the claim documents, they discovered for the first time that Utah Central’s auction yard had sold the trailer on 27 December 2012 — eleven days after the Bankruptcy Noticing Center had mailed Utah Central and Chartway notice of the bankruptcy filing, and fifteen days after the automatic stay had taken effect.
The Debtors’ Objection
Debtors filed an objection to Utah Central’s proof of claim on 18 June 2013, raising three grounds for disallowance. First, the claim was tardily filed in violation of Federal Rule of Bankruptcy Procedure (“FRBP”) 3002(c), which stripped it of prima facie validity under FRBP 3001(f) and the analysis in In re Parrott Broadcasting Ltd. Partnership, 492 B.R. 35 (Bankr. D. Idaho 2013). Second, the claim lacked the written loan documents, security agreement, and UCC disposition notices required by FRBP 3001(c), further defeating any presumption of validity. Third, and most significantly, Utah Central had sold the collateral in violation of the automatic stay — an act that was void under In re Schwartz, 954 F.2d 569 (9th Cir. 1992) — and had done so without providing the Debtors with the notice of disposition required under Idaho Code § 28-9-611, rendering the sale commercially unreasonable and precluding any deficiency claim under Idaho Code § 28-9-626.
On that last point, Debtors relied on the presumption codified in Idaho Code § 28-9-626(c)–(d): where a secured creditor cannot establish that its disposition of collateral was commercially reasonable, the value of the collateral is presumed to equal the outstanding debt, eliminating the deficiency. In re Walter B. Scott & Sons, Inc., 436 B.R. 582 (Bankr. D. Idaho 2010). Because Utah Central’s sale was both void as a stay violation and deficient for lack of notice to the Debtors, the deficiency claim was unenforceable under § 502(b)(1) as a matter of applicable Idaho law. Debtors amended Schedules B, C, and F to reflect the claim as disputed and unliquidated in light of the post-petition sale.
The Trustee’s Response and the Standing Dispute
Utah Central filed no response to the Debtors’ objection. The Trustee, however, filed his own response on 25 June 2013, arguing that the claim should be allowed as a tardy general unsecured claim under § 726(a)(3) and that the Debtors were judicially estopped from contesting a debt they had sworn to in their schedules.
The Trustee also moved for a Rule 2004 examination of the Debtors, seeking testimony and documents to rehabilitate the claim. Debtors objected to both the Trustee’s response and the 2004 motion, filing a detailed Supplement on 22 August 2013 raising the Trustee’s lack of standing to defend a creditor’s proof of claim. At the 27 August 2013 hearing, Judge Pappas questioned the Trustee’s counsel directly from the bench: whether the Trustee had any legal authority to step into a creditor’s shoes and defend its proof of claim over the Debtors’ objection when the creditor itself had declined to respond. Unable to identify a statute or case squarely on point, Trustee’s counsel conceded that if other creditors were in the case, the Trustee would likely not be taking the same position. The Court ordered supplemental briefing on the standing issue.
Before briefing was complete, the Trustee negotiated a stipulation with Utah Central by which Utah Central agreed to turn over the $10,100 in post-petition sale proceeds to the Trustee in exchange for allowance of an increased unsecured claim of $44,265.32 — the original deficiency plus the proceeds returned. The Trustee moved to approve the compromise under Rule 9019, arguing the standing issue was now moot. The Trustee further argued that his expectation of a § 326 commission gave him a constitutionally protected property interest sufficient to confer standing, and that his authority under § 501(c) to file claims on a creditor’s behalf provided an analogous basis to defend them.
Debtors objected to both the standing argument and the proposed compromise. On standing, Debtors invoked Caplin v. Marine Midland Grace Trust Co., 406 U.S. 416 (1972), and its three-factor framework — lack of statutory authority, absence of a derivative estate right, and inconsistency with the creditor’s own interests — as well as Williams v. California 1st Bank, 859 F.2d 664 (9th Cir. 1988), and In re Folks, 211 B.R. 378 (B.A.P. 9th Cir. 1997), for the proposition that a trustee may not assert particularized creditor rights. On the compromise, Debtors argued that retroactive annulment of the stay was improper under In re Schwartz and In re Franck, 171 B.R. 893 (Bankr. D. Idaho 1994), that the Trustee lacked standing to seek stay relief belonging to Utah Central, and that even with annulment the claim remained independently defective on timeliness, documentation, and UCC notice grounds.
The Court’s Ruling
Judge Pappas issued an oral ruling on 4 October 2013, describing the case as “truly an extraordinary” one that “borders on the bizarre when it comes to the bankruptcy world.” The ruling resolved all pending matters against the Trustee.
On mootness. The Court rejected the Trustee’s argument that the stipulation mooted the standing dispute. Citing Powell v. McCormack, 395 U.S. 486 (1969), the Court found the Debtors retained a live, legally cognizable pecuniary interest in the outcome of their objection — specifically, the potential for a surplus return of the estate funds to them — that the contingent, unapproved stipulation did not extinguish.
On the Debtors’ standing. The Court confirmed that Debtors had standing to object. While Chapter 7 debtors ordinarily lack standing to contest creditor claims because they have no pecuniary interest in the outcome, the potential surplus here gave the Debtors a direct money interest, satisfying the requirements identified in In re Lona, 393 B.R. 1 (Bankr. N.D. Cal. 2008), and the Ninth Circuit’s analysis in Menick v. Hoffman, 205 F.2d 365 (9th Cir. 1953).
On the Trustee’s standing. The Court held the Trustee lacked both constitutional and prudential standing to defend Utah Central’s claim. The Trustee failed to establish injury in fact, as his expectation of a § 326 commission was an unvested property interest not protected by the Fifth Amendment under Board of Regents v. Roth, 408 U.S. 564 (1972). More fundamentally, the Trustee was asserting the individual rights of a creditor — not a right of the bankruptcy estate — in violation of the prudential standing requirement that a litigant assert only its own legal rights. In re Veal, 450 B.R. 897 (B.A.P. 9th Cir. 2011). The Court drew on the U.S. Trustee’s Handbook and its own decision in In re Wisdom, 478 B.R. 394 (Bankr. D. Idaho 2012), for the principle that a Chapter 7 trustee is a fiduciary for all estate beneficiaries — creditors and debtors alike — and may not advocate for a single creditor contrary to the debtors’ interests solely to generate a commission. The Court also followed In re Lyon, a 2011 Western District of North Carolina decision questioning a trustee’s standing to rehabilitate nonresponsive creditors’ claims, and In re Padget, 119 B.R. 793 (D. Colo. 1990), for the proposition that a trustee has no duty to protect creditors against the consequences of filing late or insufficient claims. Section 501(c), the Court held, was simply inapplicable: it permits a trustee to file a claim when a creditor does not, but Utah Central had filed its own claim, making the statute’s conditions inapplicable and its rationale impossible to extend by analogy. The Trustee’s response was stricken.
On the merits of the objection. With the Trustee’s response stricken and the creditor having filed none of its own, the Court turned to the merits. The claim was denied on two independent grounds. First, the post-petition sale of the collateral was void as a violation of the automatic stay. Because § 502(b)(1) disallows claims that are unenforceable under applicable law, and because a void sale cannot support a deficiency, the claim failed at the threshold. Second, Utah Central bore the burden under Idaho Code § 28-9-626 to demonstrate a commercially reasonable disposition, and it had supplied no proof — no loan documents, no security agreement, no UCC disposition notices — that its sale met that standard. The § 28-9-626 presumption therefore applied: the collateral was deemed worth the full amount of the debt, leaving nothing to support a deficiency.
On the Rule 2004 motion. Because the Trustee’s stated purpose for the examination was to gather evidence in support of Utah Central’s claim, and the claim had been disallowed, the motion lacked any valid basis. It was denied.
On the compromise. With the claim disallowed, the Court found the proposed arrangement — recovering $10,100 from Utah Central, taking a commission, and immediately distributing the proceeds back to that same creditor on an allowed claim — would generate no benefit for any party other than the Trustee. The Trustee was given seven days to either withdraw the motion or provide additional briefing showing good cause for approval; he subsequently filed additional briefing, which the Debtors opposed, and a final Order Denying the Motion to Approve Compromise was entered on 7 January 2014.
Why This Matters
A Chapter 7 trustee lacks standing to defend a creditor’s proof of claim against a debtor’s objection. No statutory provision — not § 501(c), not § 704(a)(5), not FRBP 3007 — confers authority on a trustee to rehabilitate a creditor’s claim. The trustee’s duty runs to the estate as a whole, not to individual creditors. Defending a particular creditor’s claim is the mirror image of the trustee’s actual duty under § 704(a)(5): to examine claims and object to those that are improper.
A trustee’s expectation of a § 326 commission is not a constitutionally protected property interest. An unvested expectation of future compensation does not satisfy the injury-in-fact requirement for constitutional standing and is not property protected by the Fifth Amendment. A trustee who accepts an appointment accepts the risk that distributions — and commissions — may be zero.
A sale of collateral in violation of the automatic stay is void and cannot support a deficiency claim. Under In re Schwartz and its progeny, post-petition collection actions taken without stay relief are void ab initio. A deficiency claim premised on a void disposition is unenforceable under § 502(b)(1) and applicable state law regardless of whether the creditor received notice of the bankruptcy.
Failure to provide UCC disposition notice to the debtor bars a deficiency claim. Idaho Code § 28-9-611 requires the creditor to send the debtor reasonable authenticated notification before disposing of collateral. Where the Debtors received no such notice and no post-default waiver existed, the § 28-9-626 presumption applied — the collateral was deemed worth the full outstanding debt — and the deficiency was eliminated.
A tardily filed proof of claim lacking required documentation is not entitled to prima facie validity. FRBP 3001(f) affords prima facie effect only to claims filed in accordance with the applicable rules. A claim filed after the bar date and without the writings required by FRBP 3001(c) carries no presumption of validity, shifting the full burden to the claimant — a burden a nonresponsive creditor cannot meet.
Debtors in a surplus estate have standing to object to creditor claims. Where disallowance of a claim would produce a surplus returned to the debtors, the debtors have a direct pecuniary interest sufficient to confer standing as parties in interest. Practitioners with asset Chapter 7 cases should evaluate whether surplus potential gives clients this otherwise-unavailable right.
A Rule 9019 compromise that generates no net benefit to the estate should not be approved. A compromise that recovers funds from a creditor only to pay a trustee commission and distribute the remainder back to that same creditor on an allowed claim fails the In re A & C Properties, 784 F.2d 1377 (9th Cir. 1986), requirement that a compromise be fair and equitable and serve the paramount interest of creditors.
Full Decision: Oral ruling transcribed, Case No. 12-41681-JDP (Bankr. D. Idaho 4 Oct. 2013); Order Re Pending Matters, Doc. 57 (4 Oct. 2013); Order Denying Trustee’s Motion to Approve Compromise Under Rule 9019, Doc. 73 (7 Jan. 2014)
