The liquidation process and unsecured creditors: using the resulting trust to restore the balance

Ever since the formation of limited companies became permissible, unsecured creditors have faced a Sisyphean struggle to regularly recover substantial levels of the debts owed to them should corporate creditors enter insolvency. These low recovery rates result in many issues for lenders, including large losses, and in some cases, the insolvency of the lender themselves. The causes of these low return rates are long established and clearly demarcated. They consist of the existence and widespread use of security interests - which remove the majority of the company’s assets upon insolvency occurring - and the statutory priority of distribution, which ensures that parties other than the unsecured creditors have their debts discharged first by the liquidator from the already insufficiently resourced asset pool. English insolvency law has sought to provide some protection to the unsecured creditors through the anti-deprivation and personal liability provisions of the Insolvency Act 1986, which are intended to protect the integrity of the insolvent company’s asset pool. However, as concluded by this thesis, these provisions fail to afford adequate protection as a consequence of their substantive, evidential and remedial limitations, potentially resulting in the distributable assets being misappropriated and out of the reach of unsecured creditors. This thesis therefore analyses the limitations of the existing anti-deprivation and personal liability provisions before concluding as to how and why they fail to adequately protect unsecured creditors. This is done through a doctrinal and theoretical analysis of the provisions, before these conclusions are then tested empirically in two case studies. Given the inadequate protection provided by the Insolvency Act, this thesis then analyses the resulting trust – on which little analysis has been conducted in the context of insolvency – to determine whether it is capable of assisting unsecured creditors to increase their liquidation return rates. This increase is achieved through returning assets beneficially owned by the company to the company, or by preventing parties from becoming unsecured creditors in the first place by removing assets beneficially owned by them from the company. This analysis too will adopt a doctrinal and theoretical methodology, and it is concluded that the resulting trust is able to assist should the requisite factual matrices occur

Low photolability of yedoma permafrost dissolved organic carbon

Vast stores of arctic permafrost carbon that have remained frozen for millennia are thawing, releasing ancient dissolved organic carbon (DOC) to arctic inland waters. Once in arctic waters, DOC can be converted to CO2 and emitted to the atmosphere, accelerating climate change. Sunlight-driven photoreactions oxidize DOC, converting a portion to CO2 and leaving behind a photomodified pool of dissolved organic matter (DOM). Samples from the Kolyma River, its tributaries, and streams draining thawing yedoma permafrost were collected. Irradiation experiments and radiocarbon dating were employed to assess the photolability of ancient permafrost-DOC in natural and laboratory generated samples containing a mix of modern and ancient DOC. Photolabile DOC was always modern, with no measurable photochemical loss of ancient permafrost-DOC. However, optical and ultrahigh resolution mass spectrometric measurements revealed that both modern river DOM and ancient permafrost-DOM were photomodified during the irradiations, converting aromatic compounds to less conjugated compounds. These findings suggest that although sunlight-driven photoreactions do not directly mineralize permafrost-DOC, photomodification of permafrost-DOM chemistry may influence its fate and ecological functions in aquatic systems

The Measurement of Musical Tone

Peer Reviewedhttp://deepblue.lib.umich.edu/bitstream/2027.42/68380/2/10.2307_3343695.pd

Pneumoconiosis in the South Wales anthracite coalfield

1. Some other factor co-exists with the silica dust in the production of pneumoconiosis in the Anthracite Coalfield, which the writer prefers to call "the infective factor". 2. Pneumoconiosis is a progressive disease, taking many years, according to the intensity of the exposure, to produce the fibrosis characteristic of the condition. 3. The incidence of the condition increases with the carbon content of the coal. This is most marked in three peak areas of the Anthracite Coalfield, namely, at (1) Ystalyfera, (2) Gwauncaegurwen and (3 ) Ammanford. 4. The Collieries in these areas are warm, dry, and dusty. 5. All classes of underground workmen are liable to develop pneumoconiosis, and this is so whether or not they are actually engaged in boring or handling the rocks. 6. The Registrar General's statistics of the death rate in industrial areas are built solely upon the death certificates issued by the doctor. Such statistics when they refer to the term 'Bronchitis' are often erroneous and misleading in that they do not disclose a true statement as to the cause of death. 7. The first complaint of 80% of the miners suffer in g from pneumononiosis is 'shortness of breath'. 8. It is remarkable how patients can still do an arduous day's work with extensive fibrosis of both lungs. 9.Difficulty is often experienced in finding tubercle bacilli in the sputum, or any evidence of tuberculosis on post mortem examination, even when the clinical features and physical signs are those of fibrosis with tuberculosis. 10. A miner suffering from pneumoconiosis with superadded tuberculosis seems very resistant to the disease. He may linger on for years. But the children of the infected person, if they develop tuberculosis, contract it in a very acute form. 11. Unfortunately, the physical signs in pneumoconiosis are few and rather vague. The characteristic sign on which the writer relies is the prolonged expiration with the almost pathognomonic harshness which one hears at the end of the inspiratory phase. 12. A properly conducted X -Ray examination is, as yet, the most satisfactory and the most accurate means of studying the effect of the inhalation of dust. 13. During the pre-silicotic stage the workman is able to carry out his full days work without complaint. 14. During the first stage silicosis the miner is only able to do light work in the open air. 15. In the 2nd, 3rd, and the stage of silicosis with super-added tuberculosis, the workman is totally incapacitated from following any occupation. 16. There is urgent need for investigation into the preventive measures to be taken to counteract this scourge of the anthracite miners. The prophylactic measures now taken are totally inadequate and only provide for one class of workman. 17. Periodic clinical and X -Ray examinations should be carried out at the Collieries. These should include an examination prior to employment and then at annual intervals. The disease could be detected at an early stage and the workman immediately withdrawn from his underground employment on the first appearance of the signs. 18. The existing compensation procedure is too complicated and too bound up in 'red -tape'. There should be no intervening step between the man's own doctor and the Medical Board. The Regional Medical Officer's examination and certificate could easily be obviated. 19. The present Board with its headquarters at Bristol serves the South West of England and all Wales. This is too large and scattered an area.. A separate Medical Board should be set up at Swansea as the most suitable centre to serve the Anthracite area. 20. Legislation should be introduced to modify the present Silicosis-Asbestosis Compensation Act so that it might include all classes of underground workmen. 21. (a) The number of patients examined and skiagrams taken of their chests: 30. (b) The average age of patients examined: 49.9 years (c) The number of patients with sputa. positive to the tubercle bacillus: 3 = 10% (d) The number of children of patients. examined who have died from pulmonary tuberculosis: 3 = 10% (e) The number of children of patients examined who are at present suffering from pulmonary tuberculosis: 5 = 16.66% (f) The number of patients with a negative sputum but with skiagrams suggestive of super-added Tuberculosis: 17 = 56..66

The Effects of Learning about Black History on Racial Identity, Self-efficacy, Self-esteem, and Depression Among Low-Income African American Male Youth

Problem The literature is clear that African American youth receive a shallow account from parents and schools about Black history. More importantly, African American male youth from low-income families rarely receive information about Black history. Youth today watch television for entertainment and through watching television learn about new facts and information. African American youth watch more television than any other ethnic group. The media has a long history of portraying African Americans in a negative light. The negative media portrayals of African Americans have impacted their racial identity, self-esteem, self-efficacy and their mental health. No research has been done on the effects of watching a Black History film since Roots back in the 1970’s. Further research is needed to understand the impact of how watching and learn from a Black history documentary impacts low-income young African American males’ racial identity, self-esteem, self-efficacy, and depression. Method A mix study design was conducted for this study. First a true experimental design was conducted for 20 African Americans males from low-income families. Participants were randomly assigned to a treatment group and a control group. The treatment group (n=10) watched a Black history documentary for six weeks and filled out pretest and posttest measures on their racial identity, self-esteem, self-efficacy, and depression. The control group (n=10) only filled out same measures as the treatment group but did not watch a video. Participants of the treatment group (n=5) continued with the study after the 6 weeks to answer questions on how the documentary impacted their racial identity, self-esteem, self-efficacy, and depression in a form of a case study. Results The MANCOVA and the ANCOVA found that the Black history documentary did not impact participants of the treatment groups’ racial identity, self-esteem, self-efficacy, and depression. Results indicated that the treatment group and the control group had similar racial identity, self-esteem, self-efficacy, and depression scores. However, the case study based found themes that consisted of knowledge of Black history, importance of supporting the Black community, desire to learn about Black history, continuity of African American identity development, higher self-esteem, higher self-efficacy, and mixed emotions. Conclusions Watching Black history documentaries can impact young African American males’ racial identity, self-esteem, and self-efficacy. The documentary helped participants feel pride in their race, accomplish anything they set their mind too, and feel better about themselves. This study also provided implications for mental health professionals who work with African Americans. It suggests that mental health professionals need to learn more about Black history and understand the barriers African Americans face when working with mental health services

Investigating the relationship between negative symptoms, autobiographical memory and concept of self in people recovering from first episode psychosis

This study brings together findings from both post-traumatic stress disorder (PTSD) and first episode psychosis (FEP) research, attempting to identify similarities in cognitive processes across the two disorders. In light of the evidence that a significant proportion of people who experience FEP display symptoms indicative of PTSD, it seems plausible that current theories derived from PTSD research may be useful in explaining some of the mechanisms involved in FEP. The study initially explored the idea that negative symptoms of psychosis are a reaction to the potentially traumatic experience of a psychotic episode. Previous research has shown that possible traumagenic elements of psychosis might include the distressing nature of the psychotic symptoms or the treatment a person receives. In addition, the study investigated whether a particular finding in PTSD, the association between a discrepant self-concept and a tendency to recall more trauma-related memories, is also seen in psychosis, and whether this is related to the level of negative symptoms a person experiences. The study recruited 51 individuals from across East Anglia, England, who had experienced FEP and were considered to be in recovery from psychosis. Although participants in the study were in remission from their positive symptoms, high levels of depression, anxiety, and psychosis-related trauma symptoms were found. The findings of the study provide support for the application of a model of post-traumatic stress disorder (PTSD), involving self-discrepancy and autobiographical memory, to individuals with FEP since there was a significant association between self-concept discrepancy and the tendency to recall memories related to psychosis for a subset of individuals who experienced their first episode of psychosis as particularly traumatic. The theoretical and clinical applications of this finding are discussed along with suggestion for future research in the area

Ecology of Megacopta cribraria (Hemiptera: Plataspidae) and Implications for Management on Soybean

Megacopta cribraria (Fabricius) (Hemiptera: Plataspidae) has spread through thirteen states and the District of Columbia since accidental introduction into the United States in 2009. The potential impacts to soybean production necessitated research into the ecology and management of the plataspid in its new invasive range. A two year study in South Carolina using sweep-net and beat-cloth sampling generated sampling plans for M. cribraria population estimates and sequential sampling plans for pest management decision making. At all adult and nymph densities fewer sweep net samples were required for population estimations compared with the number of beat cloth samples. Sequential sampling reduced the sample size required to reach a management decision for both sampling methods compared with a fixed sampling plan. The sweep net method was more cost reliable for population estimation at low densities of both life stages; the beat cloth became more cost reliable as populations increased. The beat cloth method was more cost reliable than sweep-net sampling across all densities and life stages for pest management practices. White cross-vane traps as a sweep-net sampling alternative on soybean were evaluated. Adults were first collected in traps before the sweep net. Adults collected from trap and sweep-net sampling decreased from the field edge towards the field interior. There was a positive association between the two sampling methods, but only 36% of weekly, by location analyses were significantly correlated. Collected females were rated based on egg development. Female populations of all reproductive maturities dispersed into soybean but proportions varied with sampling method. Kudzu, Pueraria montana Loureiro (Merrill) variety lobata (Willdenow) plays an important role in the bivoltine life cycle of M. cribraria so sweep-net sampling was employed to monitor seasonal activity over three time periods, in two kudzu patches in South Carolina. Adults colonized kudzu in early April and were present until October. The majority of females were intermediate or fully reproductive in early spring, whereas non-reproductive females dominated as the season progressed. Soybean stem-feeding behavior was conducted on adult females using electropenetrography and was the first time a member of the Plataspidae has been recorded using this technique. Waveforms were described and correlated with stylet insertion by staining for salivary sheaths. Adult females performed a stereotypical set of feeding behaviors and stylet sheaths terminated in vascular tissue during ingestion. Scanning electron microscopy images of M. cribraria mouthpart structures were produced and described. In 2014, nematodes were reported infecting M. cribraria adults for the first time, and were subsequently found in nymphs of M. cribraria, Euschistus servus (Say), Chinavia hilaris (Say) and adults of Euschistus spp. in 2015. Infection in less mobile nymphs suggests the insects were parasitized directly in the soybean field from which they were collected. Morphological and molecular analyses confirmed the nematode belongs to the family Mermithidae, genus Agamermis. Overall, the research presented in this dissertation presents insights into M. cribraria biology and ecology and provides information to facilitate sampling practices for improved reliability of M. cribraria estimates for research and pest management purposes. Entomoparasitic nematode infection in hemipteran pests emphasizes the need to acknowledge covert, under-studied natural enemies which may contribute to population regulation

Addressing the challenges of crude oil processing utilising chemometric approaches

Eng D ThesisThroughout the hydrocarbon supply chain, process optimisation is driven by the desire to maximise profit margins. In the global refining marketplace, the biggest cost is crude oil and to improve margins increasing use of non-conventional crude oils (also called opportunity crudes) lowers the cost of the crude blend. Opportunity crudes are selected based on market forces, for example in North America, the production booms in shale oil and tar sands have provided ample amounts of new low-cost oils which refineries are buying and processing. However, as these oils are new to the marketplace many refineries have never processed them before which brings about challenges. These are mainly a lack of understanding of the quality of the crude oil being processed (shale oils for example can come from many thousands of wells) and how these oils interact with the more conventional refinery feedstocks (such as Brent or West Texas Intermediate). The Eng.D project was carried out in collaboration with Intertek Group plc, a multinational corporate organisation consisting of more than 42,000 employees in over 1,000 locations in over 100 countries across the globe, and was aimed at developing solutions to address crude oil processing problems. The issues covered over the course of the project fall into the areas of: enhancing understanding of crude oil quality, addressing issues of hydrocarbon blend stability because of blending and better utilisation of process data to promote efficiency and facilitate process troubleshooting. As such, the Eng.D project was firstly concerned with developing a robust chemometric model, based on Near Infrared spectra, for use in a major Asian refinery. Once built and tuned this model was ultimately used to predict physical properties (such as density, sulphur content and distillation properties) of every crude oil delivery and also online in the refinery for frequent prediction of crude oil blend properties. The second project was then aimed at solving refinery issues of the deposition of undesirable material (such as wax and asphaltenes) in pipes and process units. The research carried out during the course of the Eng.D project resulted in a patented approach to characterise these issues and provide refineries strategies to mitigate the problems. This approach is not just limited to crude oils but can be applied to any blended hydrocarbon streams and detects the precipitation of undesirable material using Near Infrared spectroscopy and microscopy. This ii approach has now been applied to solving problems of blending crude oils in refineries and offshore, heavy fuel oils, shale oils and marine fuels. Finally, the application of smart data analytics in an upstream installation was investigated. The objective of this application was to provide a customer with process troubleshooting for a historical recurring pump failure issue. To achieve this, the root cause of the issue first needed to be identified and then a solution developed.EPSRC (Grant Number EP/GO 37620/1) and Intertek Group plc