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Overlooked by the Academy Awards and most of the movie viewing public, October Sky turned out to be one of the best movies of 1999. Based on the true life story of Homer Hickman, a coalminer’s son inspired to learn about rocketry following the launch of the Soviet satellite Sputnik, October Sky is more than just a film about rockets, it’s a film about one man overcoming the trials and tribulations that attempt to run him down. The emphasis placed on the passion of the human spirit and its ability to overcome great conflict and achieve feats of wondrous heights makes October Sky a film that is certain to enjoy an enduring legacy and a heightening in stature among critics with the passing of time…

Set in a 1950s West Virginia town, October Sky follows the life of Homer Hickman (Jake Gyllenhaal), the teenage son of a coalminer who pushes his son to follow in his footsteps. Growing up in a town where coal is king, the citizens of Homer’s world can’t fathom pursuing a career in any other field. But when Homer’s classroom is informed of the Soviet launch of Sputnik, the satellite inspires Homer to learn everything he can about rockets, satellites, and inner-orbiting spacecraft. Goaded on by their teacher Frieda Riley (Laura Dern), Homer and his friends study the various aspects of a rocket launch and begin staging the launch of their own homemade rockets. But their trial and error experiments go awry, putting the local townspeople in the path of their errant rocket launches, and they incur the wrath and disdain of a community that views them as freaks and outcasts.

As Homer’s father becomes ill from the deadly effects of coal dust, he pushes his son to support the family by entering the mine. Unable to see the bright potential of his son’s interest in rockets, John Hickman (Chris Cooper) battles Homer every step of the way as he pursues his passion. But Homer remains committed, and when he and his friends begin launching rockets from a new site outside of town, more and more people begin showing up to see the brilliant spectacle… When Homer’s hero, German rocket scientist and NASA engineer Wernher von Braun, replies to a letter Homer wrote, the path is cleared for the students to exhibit their work at the National Science Awards.

Encouraged by Miss Riley, Homer and his friends are prepared to put their entire future on the line at this one exhibition, where the prize includes fully paid scholarships to some of the top universities in America…

The inspiring tale of a boy and his friends who never give up on believing in themselves, October Sky is a feel-good movie reminiscent of Jimmy Stewart and Frank Capra. Outside of the traditional mold of action super-thriller or blood-spilling reality drama, October Sky bucks the trend of cinematic commercialism by offering its audience a more intelligent foray into the world of film and storytelling. This trend toward quality cinematography is one we can only hope will continue. Sporting a colorful cast of characters rife with conflict and passion, October Sky is a definite must-see film that you won’t want to miss.

Britt Gillette is author of The DVD Report, a blog where you can find more reviews like this one. Source: thedvdreport.blogspot.com/2006/02/october-sky-dvd.html http://thedvdreport.blogspot.com/2006/02/october-sky-dvd.html

Born without legs, Kevin Connolly snaps photos of people staring at him — turning the watchers into the watched.

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If you are a parent, you’re probably all-too-familiar with hearing “eww!” ick!” “I don’t like it!” and “That’s gross!” coming out of your child’s mouth. In fact, getting a child to eat health food can sometimes be as hard as getting a parking space that three other cars are waiting for. If you’re tired of your child’s dietary battles turning into tactical missions and survival-of-the-fittest lessons (or survival of the most stubborn), we’ve got six sneaky ways for you to trick your child into eating health food that you’re absolutely going to love.

#1 - Carrot Cupcakes

Show me a child who doesn’t love cupcakes and I’ll show you a dog that doesn’t like bones. I’ve known hundreds of children in my lifetime and I cannot remember a single one of them not liking cupcakes. That’s what I call an opportunity.

We all know cupcakes aren’t healthy. Chocolate or white cake and a bunch of sugary frosting on top equates to nothing more than empty calories and a huge sugar rush. But what if you make cupcakes out of carrot cake? Or even zucchini or banana bread? All you have to do then is create a cream-cheese frosting (lightly sweetened of course) and you’ve got a cupcake that’s healthy and that kids can’t resist.

#2 - Fruit Smoothies

Some parents, no matter how hard they try, just can’t get their children to eat fresh fruit. It may be the texture or the taste, but whatever it is, getting them to eat fruit is like getting a vegetarian to try steak - it just isn’t going to happen.

One day a friend of mine was drinking a fruit smoothie she had picked up at the local juice bar and her son asked her if he could have a sip of her “shake.” My friend didn’t bother to correct her son. She simply gave him the cup and let him take a swallow. Guess what? He loved it! Since then they’ve been making their own healthy fruit smoothies at home and he’s getting wholesome fruit on a regular basis.

#3 - Dip It

For some reason (I have yet to figure this one out), children seem to accept healthy food easier if they can dip it. Offer a little girl a whole carrot and she’ll look at you like you’ve grown a third eye. Offer her cut-up carrot sticks with low-fat vegetable dip and she’s in seventh heaven. If you can’t get your child to eat healthy foods, try offering healthy dips to go with it and you might be surprised at how quickly they change their minds.

#4 - Put It in an Ice Cream Cone

A woman we know of had made a wonderful fresh-fruit salad for a party and her grandson wouldn’t touch it. If there’s one thing grandma’s like, it’s watching they’re grandchildren eat healthy foods so she was bound and determined to get some of the fruit salad into him. She came up with the idea of putting the fruit salad in an ice-cream cone and suddenly fruit salad was the best thing ever and all the kids wanted it. Since then people who witnessed the success at the party have tried the ice-cream cone technique with cottage cheese and even tuna salad and it hasn’t failed yet. If it’s in an ice-cream cone, chances are kids will eat it.

#5 - Ovaltine Please

If you know what Ovaltine is or if you already have Ovaltine in the house, that’s great. If you don’t, you’re about to fall in love with a good, old-fashioned wholesome product.

There are thousands upon thousands of children who just don’t like the taste of milk. However, when Ovaltine is mixed into it, many of them can’t get enough. Ovaltine makes milk taste somewhat like chocolate milk, but more malt-flavored. Even though the stuff tastes great, it’s actually quite healthy. Ovaltine is full of vitamins and minerals and it’s fat free and cholesterol free. Just add it to low-fat milk and you’ve got healthy chocolate milk for your kids.

#6 - Make It Pretty

The visual presentation of food has a big impact on how kids perceive it. Throw some plain low-fat, all-natural yogurt in a plastic bowl with a spoon and they’ll probably turn their noses up at it. However, if you put it in a parfait cup with a sprinkling of granola or a few berries on top and serve it with a fancy spoon, it may be an entirely different story. The same goes for healthy drinks. Serve fresh juice or milk with an interesting straw and kids will be much more likely to drink it.

While deception and trickery isn’t something we should often use when dealing with our children, in the case of sneaking health foods into their diets, I think it’ll work out just fine.

Copyright 2006 Pat Brill

Pat Brill is co-founder of www.SilkBow.com http://www.SilkBow.com which supports Busy Moms with free gift ideas and helpful tips to meet the challenges of motherhood. SilkBow is the perfect place for the perfect gift. To contact Pat, email her at pat@silkbow.com pat@silkbow.com

AFP - Hidden cameras in the jungles of Indonesia’s Java island have captured rare footage of the world’s most threatened rhino, boosting efforts to save it from extinction, conservationists said Thursday.

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A regular car uses an internal combustion engine with a fuel-air mixture powering it. A hybrid car on the other hand powers itself not only using the conventional means but it also uses a variety of alternate means like fuel-cells and solar-energy to turn the wheels. That makes it more environment friendly and increases its mileage.

Some people think that hybrid cars are the cars of the future. They say it is what we will be driving in a ten years time. It is true that hybrid cars have many advantages. But we must not forget the shortcomings of the hybrid car.

Gas and oil are non renewable sources of energy. They also cause much damage to the environment. There is a danger they might soon also be depleted from the earth. On the other hand, hybrid cars are environment friendly. They source of energy they use is renewable and therefore they pose much less threat to the world. Hybrid cars are efficient and save money on fueling.

Performance wise, hybrid cars are rubbish. At the stage they currently are, they are more than likely to break down after traveling every few miles. If you buy a hybrid car, leave for office an hour earlier than you used to before, because hybrid cars are much slower than normal cars. Because they have very less energy to run with, they are made with as light bodies as possible. We want to protect the environment to protect our children. But if you’re planning to buy them a hybrid car to do so, the chances of them being flattened by some bigger car are far more. So if you want to keep your children safe, why not buy them a Land Rover instead? And then there’s the matter of power again. With the amount of power a hybrid can provide, imagine the trouble and time it would take for you to reach a high altitude point with a fairly steep road, that is, if you would ever manage to get up there on that car.

Whether hybrid cars will be the future of the car industry, one cannot say for sure. But one thing is certain, where it stands today is quite for from a point where it will replace the petrol or gas powered cars.

Jonathon Hardcastle writes articles for worldofautomotives.com/ http://worldofautomotives.com/ - In addition, Jonathon also writes articles for supershoppingtips.com/ http://supershoppingtips.com/ and sportsoftheworld.net/ http://sportsoftheworld.net/

AP - The federal government has plenty of reasons to move hundreds of families out of trailers they have occupied since Hurricane Katrina: the start of a new hurricane season, concerns about toxic fumes and the need for residents to find permanent homes.

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Moving house? Dreading the thought of packing those boxes at one end, only to unpack it all again at the other? Moving house is one of life’s most stressful experiences, but if you take a business-like approach to your move and manage it well, you’ll find that everything runs smoothly.

1. Sort out your stuff

We all know how easy it is to accumulate possessions as we go through life. From the things we bought but never used, to the stuff we can’t bear to get rid of; our attics and lofts contain a physical, tangible history of our lives. Moving house is usually an indication that you’re making a fresh start so put aside a few hours - or a few days if you’re a real hoarder - and go through everything to make sure you’re only taking the really important stuff with you. Hire a skip for those things that are broken or of no use, and fill bags for charity shops, goodwill stores, and jumble sales. Hold your own garage sale, give children’s clothes to relatives or sell stuff on eBay - but make a real effort to reduce the amount of things that need to move with you.

2. Write it down

The most organised people often have a written list that helps them to see what they’ve done and what needs to be achieved. When you’re moving house, you need to think about what needs preparing for packing, what needs leaving until last and, most importantly, where everything is going to go in your new home. This sort of preparation makes your life much easier. For example, when you unplug your computer, label the cables, write down instructions for setting it up again and make sure everything is bagged or boxed together.

3. Hire a good removal firm

The quality and experience of your removal firm can make all the difference to your move. You may be moving yourself, in which case you need to be a lot more organised, making sure that you have hired the right size van and that you have enough boxes and packing materials to move all your possessions safely. On the other hand, a professional removal company will handle all the packing and moving for you, leaving you free to tie-up any loose ends, make sure your old home is ready for its new occupants and get to your new place in plenty of time to supervise unloading. With full insurance cover for everything they pack and move, it’s the ideal way to remove stress from the moving process.

Removals4U offers an outstanding professional worldwide removal service. Visit our website now by clicking on www.removals4u.com http://www.removals4u.com .

AP - Pioneer photojournalist Cornell Capa, who founded the International Center of Photography and illuminated social and political topics from the campaigns of the Kennedy brothers to the destruction of native cultures in Latin America, died Friday at the age of 90.

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No doubt, good credit history is a hallmark when you are looking for a loan. But today in the arena of loan borrowing, borrower’s with bad credit also finds easy to combat with their needs especially when they possess asset. If you are among those who possess some valuable asset then you can avail bad credit secured loan.

Bad credit secured loans are designed for the borrower who are rated as bad credit like CCJ’s, IVA, bankrupts, arrear, defaults etc by the reputed credit companies. The situation of bad credit arises when borrower fails to meet unpaid debts on time, or met with a financial accident like loss of job, long time illness, frequently changing of the residence place can become of the reason for the bad credit.

But borrowers with bad credit now won’t have to worry or compromise with the needs as they can avail bad credit secured loans.

For availing the bad credit secured loan, borrower has to place his collateral against the loan amount, collateral can be borrower’s home, car, property etc. Borrower’s collateral fetches him larger amount with lower interest rate for the longer time frame; despites his bad credit history he enjoys the easy repayment option. Bad credit secured loans offers its borrowers loan amount ranging from ?5 000 to ?75,000 for repayment term varying from 5-25 years.

Bad credit secured loans can be used for various purposes like going for vacation, education expense, wedding expenses but mostly loan seeker prefer to deal with the lenders installment.

Bad credit secured loans are helpful for the borrowers to improve their credit score. This can only happen when the bad credit borrower repays the loaned amount in time and at the approved interest rate.

Before acquiring the bad credit secured loans, you must do the market survey in order to avail the best bad credit loans. Borrower must compare the quotes on the basis of interest rate, repayment term from the different lenders.

Aldrich Chappel has been associated with Get Secured Loans, since its inception. Having completed his Masters in Finance from Lancaster University Management School, he undertook to provide useful advice through his articles that have been found very useful by the residents of the UK. To find Bad Credit Secured Loans,Secured homeowner loan,Uk secured homeowner loan,Homeowner loan personal secured visit www.get-secured-loans.co.uk/ http://www.get-secured-loans.co.uk/

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It’s really amazing that you can get the exact value listening to an audio book while doing your normal chores as you would reading it.

Certain experts even say information sinks in more when we are not paying direct attention to them.

But when did this audio book phenomenon really start? In other words, what’s the history of audio books?

From all indications, audio books look like a very recent invention, right?

WRONG!

It is very easy to make the assumption that audio books are a recent invention because of the mention of CDs, downloadable digital formats, MP3s, PDAs and other technological jargons each time audio books are discussed. But audio books started a long time ago.

To know how long audio books have been, it is pertinent to understand exactly what audio books are.

Forget about any other jargon you have heard, audio books are simply books that are recorded to be heard, instead of read.

That being the case, such recordings of books in audio formats have been around for a very long time. If you want to be specific, it is safe to say they were first introduced over half a century ago.

It could even be longer, if you include the Library of Congress recordings made especially for the American Foundation for the Blind and distributed free throughout the U.S.

However, according to Robin Whitten, the editor and founder of the only magazine which is dedicated solely to the audio book industry:

Audiofile– www.AudioFileMagazine.com http://www.AudioFileMagazine.com , Caedmon (now a subsidiary of Harper Collins Publishers) can be credited to have started the recordings of literature as far back as 50 years ago.

Going further, he said Caedmon was just a small company way back then in New York, which started recording the audio of great authors and poets of the 1950s. Specifically, he said one of the earliest recordings were by greats such as Dylan Thomas, T.S. Eliot, Fitzgerald and Robert Frost.

What happened then was that they were simply recorded while doing their own works and made as vinyl records.

But these early recordings can arguably pass off for the first collection of audio books ever.

However, the transition of these book recordings into audiocassette tapes didn’t happen until the late 1970s up to the 1980s. From thence, it blossomed until audio books in audiocassette tapes came to be accepted by all and sundry.

For whatever reason however, the audio book phenomenon didn’t really kick off until the 1990s.

And with the transition from audiocassette technology into CDs, more people have become interested in audio books.

With the advent of the Internet and its paraphernalia, audio books have now transited from vinyl records, audiocassette taps and CDs into downloadable digital formats that can be listened to with a desktop computer, laptop computer, PDAs, etc.

If you are still interested in going back in time you can get the original book recordings that started this audio book industry.

Impossible?

Not really.

Some of those early 1950s analog recordings by Caedmon which were performed by the greats of those days can be purchased today on the Internet.

For example, recently I was able to browse the Internet thoroughly and found the original recording of The Lord of the Rings as read by J.R.R. Tolken.

You can find that classic you have always dreamt of in audio book format if you search hard enough on the Internet.

Janet Rusky is an upcoming author who runs one of the best audio book stores on the internet where 7000 titles divided in hundreds of categories are available for immediate download.

LiveScience.com - A sudden and extreme case of runaway global warming 635 millionyears ago was caused by an abrupt release of methane, a powerfulgreenhouse gas, scientists said today.

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Anything you do in life you need to achieve goals. It doesn’t matter if you want to be a meat cutter, long distance runner, taxidermist or anything in life. It doesn’t matter if you work for another company or work for yourself you still have to have goals that you need to set and goals that you need to achieve in work and in real life. I personally focus on internet endeavors but most of these goals can be used on anything you do in life. I will in the next few weeks be submitting articles on many different goals that you should strive to achieve.

1. Understand Your Potential

In order to succeed at anything you want to do it is important to realize your potential and what you can do. For instance if you want to be a writer but you have absolutely no writing ability then its not likely you will make a career out of writing. However if you have been walleye fishing in the rivers around home, have an entire arsenal of secrets and your ambition is to be a professional fisherman than this is probably achievable.

2. Never Regret The Past

Were all going to have a past and there all going to have failures and mistakes. It’s important not to dwell on these but rather learn from them to help achieve your goals. As in my affiliate marketing internet career I learnt a lot of hard lessons but I also learnt to take these mistakes and make my business better because of them.

3. Allow Yourself to Dream

You need to always be honest with yourself about what you want to achieve from your goals. You have to allow yourself to think big and dream even bigger. You always understand the achievability of this but it helps push your business forward.

4. Have a Plan for Your Business

You need to have a plan at the beginning to get your business going. You have to understand the markets, how you’re going to promote, who needs your product and decide if this is even worth doing.

5. Never Give Up

As in my affiliate marketing career I gave up hundreds of time over eight years before I realized that I wasn’t giving my program enough time. So if you business isn’t a success overnight just keep doing the right things and I guarantee you will start seeing results. It can become challenging at times but I never once said that this was going to be a cake walk.

This is just the beginning in a series of articles I am going to submit on ways to achieve your goals. Keep watching for more of my articles. I will be submitting them as quickly as time allows while I am working on my other projects.

Dale Mazurek

Dale Mazurek is an expert affiliate marketer but has also started two interactive blogs that can be found at relationshiptidbits.blogspot.com/ http://relationshiptidbits.blogspot.com/ or fishingtutor.blogspot.com/ http://fishingtutor.blogspot.com/

AP - The anguish of Hurricane Katrina should have ended for Gina Bouffanie and her daughter when they left their FEMA trailer. But with each hospital visit and each labored breath her child takes, the young mother fears it has just begun.

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The foot is an important element from our anatomy, it is essential in order to travel on foot.

Without appropriate shoe selections we can have several problems, not only can the feet go become damaged, the vertebral column, the hips and all the bones, tendons and sinews are connected to the feet.

First, you must decide what your needs are in a shoe. What kind of sport shoe do you need? Is this for comfort or for fashion? If comfort is your main focus, don’t spend too much time on selecting the color or design.

Once you finally make your selection, your shoes must adapt to the feet, not the opposite. Meaning, if you see a shoe design that is a must have and you try it on and your feet can barely fit into the shoe-there are more fish in the see…in other words, there are more shoes on the rack to choose from. Don’t compromise your comfort.

The following information are examples of shoe types:

- The sneaker: is an athletic shoe, made for running, boating, basketball and tennis.

- The boating shoes have soft soles and heels for don’t damage the boat.

- Boot-sneakers are for dress than for sport. Remember hi-heeled sneakers from the 1990’s.

- Golf Shoes: the difference is that they have spikes, for grip the ground and grass; now the spikes are made of synthetic plastic.

- Skating: are a variety of styles: ice-skating, roller-skating, in line-skating and hockey.

- Dance: here is several differences, almost every style have different shoes:

For Instance:

- For classic ballet: dance shoes have (really light), point shoes.
- For jazz, contemporary ballet, dance shoes (not as light as for classic ballet).
- For Flamenco, Tango, and some Latin-American dances: shoes with heels.
- For Country, dance cowboy boots.
- Climbing: design for the adaptation to the materials use in this sport.
- Cycling: Has special metal materials for the pedals.

Its not only important to choose the appropriate shoes for the specific sport, the quality, the transpiration and in some sports it is quite important the amortiguation prevents lesions.
(The adjustment can be with cords, Velcro or elastics.)

The life of a sport shoe is about 800 and 1.500 kms, that doesn’t mean that you have to count the kilometres you make but if you are constantly standing or walking throughout the course of the day, don’t use the same shoes for a long period of time.

Dana Bradley writes about www.onlineshoesdepot.com/Coupons/Payless%20Shoes.html http://www.onlineshoesdepot.com/Coupons/Payless%20Shoes.html , www.onlineshoesdepot.com/ http://www.onlineshoesdepot.com/ and www.onlineshoesdepot.com http://www.onlineshoesdepot.com

The Christian Science Monitor - Gasoline at nearly $4 a gallon may cast a cheerless cloud over summer travel. But Americans ought not be discouraged and perhaps they might even be grateful – as prices in Europe reach $9. Even more, US drivers should be ready for an energy makeover.

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You get the most out of your technology. You have been using your latest computer for about 4 years. And now you are noticing just how slow that computer has become. Needs change and you need something that keeps pace with your business. But what should you be looking for? Let’s sit down and do a consultation. This is the same advice that I would give my clients if asked this question.

Mobile or Desk Bound

The first question you need to be asking is a basic one. Does your business dictate a laptop or a desktop computer? If you make frequent presentations on the road, a laptop is a must. If you want something that is on the highest end of processor power, you should consider a desktop computer. Desktop computers always run higher on processing power than laptops. Laptops require miniaturization and, as such, take longer to develop. Hence, they are always behind the power curve. Will this computer be acting as a server? Will it serve up files to other computers on your network. If that’s the case, you won’t be wanting to take that out of the office. That would disconnect users from their data. And that’s a no-no.

The Price Point

Never ever go after a computer based on an initial price. Most brand name computer manufacturers have learned a marketing trick. They put a computer sticker price at the lowest possible price. But this price will not be the price you will pay. Unless you want the barest bones computer you can imagine. You will almost always end up paying hundreds more than the initially quoted price once you’re done. It’s just a sneaky way to get you in the door. But there are other reasons you should never go on price alone.

It’s All About Support

Probably the single most important factor for choosing a computer these days is support. What kind of support will you have once this company has made a sale? A while ago, computers differed tremendously in their configuration and components. But things have changed. Now, computers are incredibly modular. Most of the major manufacturers use very similar, or identical, components. There are many reasons for this change, but all you need to know is that the main issue isn’t components anymore. It really is about the post sale support. Research your manufacturer and get the skinny on their class of support. If you are going after a local cheapy beware. Sure, you may get an excellent deal, but will they be around if the computer breaks?

The Middle Road is Golden

People tend to make one of two mistakes when they buy a computer. They either tend to buy too little computer or too much. Don’t go after a super cheap computer. It’s almost always a bad idea, unless you happen across a great deal. In my experience, this rarely happens. Also, don’t get top of the line components in your computer. You will pay a premium for these items. And in six months, you will be kicking yourself as those components have depreciated tremendously. A good rule of thumb is to look at the low and high ends and pick something in between. You will get a great deal for your money and it will last you many years.

Essential Software

A lot of computer vendors are in the habit of stuffing software onto systems. They will give you everything you don’t need. This gives the illusion of value. But really that software will just bloat your system. You only need a few pieces of software really. Obviously, there is the operating system, or OS. This will most likely be Windows. Then you need an office suite. Again, this will most likely be a Windows based product like Office. As a sidenote, you may want to look at Openoffice(openoffice.org). It’s free and is compatible with Microsoft Office. Just make sure you get the right version of Office. This is especially true of Powerpoint, Microsoft’s presentation software. Not all versions have Powerpoint included.

Don’t get bogged down in all the options. Just remember, most computers are basically the same. They have most of the same hardware and software. I have discussed some of the major differences. Remember, in this day and age, it really is about the support.

Copyright 2006 Jack Knows Inc.

Paul McGillivary

AP - The State Department has begun to identify diplomats who could be forced to serve in Iraq next year unless enough volunteers come forward to fill about 300 positions, The Associated Press has learned.

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Do you know what “proceedings supplemental” are? If you are in the business of collecting judgments in Indiana, and from time to time virtually all secured lenders are, then the June 27, 2007 opinion by the Indiana Supreme Court in Rose v. Mercantile National Bank, 2007 Ind. LEXIS 471 provides a great primer on the subject.

Facts of Rose. Plaintiffs sued an S-Corp, and the trial court entered judgment against S-Corp for $159,581. During the litigation, the owners of S-Corp sold the company in an asset sale to Corporation I for $475,000. Corporation I then transferred its rights and obligations under the asset-purchase agreement to Corporation II, a wholly-owned subsidiary of Corporation I. After the sale, the owners of S-Corp deposited the sale proceeds into S-Corp’s bank account and, within three days, issued checks to themselves for the entire sale price. The closing occurred approximately one month after the trial court entered judgment for Plaintiffs.

About a year later, presumably because the judgment had not been paid, Plaintiffs moved for proceedings supplemental and brought fraudulent transfer claims against S-Corp, Corporation I, Corporation II, and S-Corp’s owners. Plaintiffs asserted that assets had been transferred out of S-Corp to avoid paying the judgment. During the proceedings supplemental, Plaintiffs sought to amend the complaint to add additional claims and to recover new damages. The result was a new judgment for Plaintiffs for $542,435.49 plus attorney’s fees of $162,730. The Indiana Supreme Court affirmed the trial court’s finding that the two owners of S-Corp fraudulently transferred assets, but the Court set aside the new claims for new damages.

Proceedings supplemental generally. Proceedings supplemental are designed to help judgment creditors enforce judgments - for discovering assets and to set aside fraudulent conveyances. Proceedings supplemental are merely the continuation of an original action. Ind. Trial Rule 69(E) generally governs proceedings supplemental, and the motion is made in the court where judgment was rendered. Discovery is permitted, and a hearing must be conducted, after which certain property is to be applied toward the judgment. Id. at 4-5.

Fraudulent transfer. Judgment creditors often use proceedings supplemental to bring fraudulent transfer actions, the purpose of which is to remove “obstacles which prevent the enforcement of the judgment . . . through the levy of execution.” The essence of a fraudulent transfer action is not to attack the transfer or to recover damages. Instead, the action “is to subject property to execution as though it were still in the name of the grantor.” Id at 6-7.

New claims. Unlike Plaintiffs’ fraudulent transfer claims, Plaintiffs also sought new damages from the S-Corp owners by adding a new cause of action under Indiana’s Crime Victims’ Compensation Act, which allows for treble damages and attorney’s fees. The Court said this was a no-no: Allowing a new claim to be tacked on at this stage would be just as unfitting as opening up any other litigation to add new claims after judgment. Such an approach to collections would lay the groundwork for perpetual motion-a far cry from the timely and efficient system of conflict resolution the nation’s judiciary strives to provide. Proceedings supplemental are appropriate only for actions to enforce and collect existing judgments, not to establish new ones.

Id. at 7. So, a new claim for new damages, and thus the imposition of a new judgment, should be filed in a new lawsuit. On the other hand, “any action to assist in collection of an original judgment [like a proceeding supplement] must be filed under the same cause number as the original action.” Id.

In addition to addressing the generalities of proceedings supplemental, the Indiana Supreme Court provides clarity for lenders concerning fraudulent transfer actions, which can be appropriately prosecuted in proceedings supplemental or, in other words, in a continuation of the same case and in the same trial court that rendered the judgment. Any new claims or, in other words, actions for separate and distinct damages, however, must be the subject of another lawsuit.

John D. Waller is a partner at the Indianapolis law firm of Wooden & McLaughlin LLP. He publishes the blog Indiana Commercial Foreclosure Law at commercialforeclosureblog.typepad.com http://commercialforeclosureblog.typepad.com . John’s phone number is 317-639-6151, and his e-mail address is jwaller@woodmclaw.com jwaller@woodmclaw.com .

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