Whether the Equitable Power of the Bankruptcy Court Can Save the Tardy Filing of a Nondischargeability Complaint

(Excerpt) Courts have long held that the Bankruptcy Code provides a discharge only to those “honest but unfortunate debtors.” To that end, when a debt has been incurred under false pretenses, false representation, or outright fraud, the Bankruptcy Code allows the debtor’s creditors to file a nondischargeability complaint against the debtor. However, in order for the creditor to challenge the dischargeability of a debt, the creditor must file his or her nondischargeability complaint in a timely manner. A creditor who fails to file a timely complaint (or to seek a “for cause” extension) risks losing the right to challenge the discharge of the allegedly fraudulently acquired debt. Rule 4007(c) of the Federal Rules of Bankruptcy Procedure (“FRBP”) sets forth a strict sixty-day time limit in which such a nondischargeability complaint must be filed. Specifically, the rule provides: Except as otherwise provided . . . a complaint to determine the dischargeability of a debt under § 523(c) shall be filed no later than 60 days after the first date set for the meeting of creditors under § 341(a). The court shall give all creditors no less than 30 days\u27 notice of the time so fixed in the manner provided in Rule 2002. On motion of a party in interest, after hearing on notice, the court may for cause extend the time fixed under this subdivision. The motion shall be filed before the time has expired. Despite the apparent clarity of the rule, questions remain as to whether there may be any retroactive extensions granted for the filing of nondischargeability complaints outside of the sixty-day period. Some courts have reasoned that since the bankruptcy court is a court of equity, relief should be available to litigants under limited circumstances. On the other hand, some courts refuse to extend the equitable power of the bankruptcy court when faced with a clear directive from the Bankruptcy Code or the Federal Rules of Bankruptcy Procedure. The former view has been called the “procedural” view, while the later has been called the “jurisdictional” view. This Article will discuss under which circumstances, if any, might a bankruptcy court use its equitable power to save a creditor from the tardy filing of a nondischargeability complaint. Part I of this Article will discuss the recent case, Anwar v. Johnson, where the Ninth Circuit held that a bankruptcy court could not use equity to grant relief to creditors who filed their nondischargeability complaint after a strict deadline. Part II will discuss the divide between the so-called “jurisdictional” and “procedural” courts, and whether such distinctions actually matter for litigants. Finally, Part III will discuss the implications for attorneys practicing in either jurisdiction, in light of the Anwar decision and other developments in the law

Two crystal forms of a hydrated 2:1 b-cyclodextrin× fluconazole complex: Single crystal x-ray structures, dehydration profiles, and conditions for their individual isolation

Inclusion complexes between cyclodextrins (CDs) and active pharmaceutical ingredients (APIs) have potential for pharmaceutical formulation. Since crystallization of a given complex may result in the isolation of multiple crystal forms, it is essential to characterize these forms with respect to their structures and physicochemical properties to optimize pharmaceutical candidate selection. Here, we report the preparation and characterization of two crystallographically distinct hydrated forms of an inclusion complex between β-cyclodextrin (β-CD) and the antifungal API fluconazole (FLU) as well as temperature–concentration conditions required for their individual isolation. Determination of crystal water contents was achieved using thermoanalytical methods. X-ray analyses revealed distinct structural differences between the triclinic (TBCDFLU, space group P1) and monoclinic (MBCDFLU, space group C2) crystal forms. Removal of the crystals from their mother liquors led to rapid dehydration of the MBCDFLU crystal, while the TBCDFLU crystal was stable, a result that could be reconciled with the distinct packing arrangements in the respective crystals. This study highlights (a) the importance of identifying possible multiple forms of a cyclodextrin×API complex and controlling the crystallization conditions, and (b) the need to characterize such crystal forms to determine the extent to which their physicochemical properties may differ

The Role of Leadership in Social-Emotional Learning Implementation: One District’s Approach to Professional Development

Thesis advisor: Vincent ChoOne mechanism for supporting teachers during the implementation of school and district reform is the provision of professional development. By offering meaningful professional development opportunities, leaders can influence teacher efficacy, thus potentially improving teacher practices. As social-emotional learning (SEL) becomes more prevalent in public schools, it is incumbent upon district and school leaders to understand how professional development opportunities can support teachers during SEL implementation. This qualitative study explores one district’s approach for professional development in the area of SEL, with the goal of understanding how professional development may influence teacher efficacy. Data were gathered through semi-structured interviews, focus group interviews, and a document review. Findings revealed a variety of professional development activities occurred during SEL implementation. However, district and school leaders, as well as teachers reported their dissatisfaction with these professional development offerings. Without the presence of satisfactory SEL-related professional development, teachers could not relate the influence of the professional development to their efficacy. Teachers described their most meaningful professional development experiences as those including the opportunity to collaborate with each other. Therefore, one recommendation of this study is to increase the amount of collaborative opportunities provided to teachers. In addition, leaders can promote the use of SEL practices through professional development experiences that introduce techniques directly related to teachers’ classrooms and context. This type of professional development also has the potential to increase teacher efficacy.Thesis (EdD) — Boston College, 2018.Submitted to: Boston College. Lynch School of Education.Discipline: Educational Leadership and Higher Education

Article influence of the casein composite genotype on milk quality and coagulation properties in the endangered agerolese cattle breed

The aim of this study was the characterization of CSN1S1, CSN2 and CSN3 genetic variability in Agerolese cattle, and the investigation of the effect of casein composite genotypes (CSN1S1, CSN2 and CSN3) on quality and coagulation traits of the corresponding milk. To these purposes, blood and milk from 84 cows were sampled and analysed. Allele frequencies at CSN2 and CSN3 revealed no Hardy–Weinberg equilibrium in the population with a prevalence of allele A2 for CSN2 and allele B for CSN3. BBA1A2AB and BBA2A2AB composite genotypes were the most common in the population. BBA1A2AB showed a higher total solids and fat content (12.70 ± 0.16 and 3.93 ± 0.10, respectively), while BBA2A2BB showed the best coagulation properties (RCT 12.62 ± 0.81; k20 5.84 ± 0.37; a30 23.72 ± 1.10). Interestingly, the A2 allele of CSN2 was very widespread in the population; thus, it will be intriguing to verify if A2A2 Agerolese cattle milk and the derived cheese may have better nutraceutical characteristics

An overview of the tapeworms of vertebrate bowels of the earth

entire volume OA; selected chapter posted hereCopyright: © The University of Kansas, Natural History Museum. This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License

Prevalence and factors associated with not receiving the booster dose of the COVID-19 vaccine in adults in Latin America and the Caribbean

"Background: Booster doses have been described as effective in reducing hospitalizations and deaths from the new variants. However, its coverage is heterogeneous in Latin America and the Caribbean (LAC), one of the regions most affected by the pandemic. We aimed to assess the factors associated with not receiving a coronavirus disease 2019 (COVID-19) vaccine booster dose in adults from LAC. Methods: We analyzed a secondary database compiled by the University of Maryland and Facebook assessing the global impact of COVID-19. We included Facebook users over 18 years of age who resided in LAC and responded to the survey between February 13, 2022, and March 14, 2022. We evaluated sociodemographic characteristics, comorbidities, food, and economic insecurity, mental health, and vaccination-related practices. We calculated crude (cPR) and adjusted (aPR) prevalence ratios with their respective 95% confidence intervals (95%CI). Results: The sample included 154,841 adults from 20 LAC countries. 33.7% (n = 46,459) reported not receiving the COVID-19 booster vaccine. Being under 75 years old, having a college, high school, pre-university, primary, or lower education, having no or 1 to 2 comorbidities, living in a town, having food insecurity, depressive symptoms, and having had COVID-19, were associated with a higher prevalence of not receiving the booster dose. In contrast, being female or non-binary and having anxiety symptoms were associated with a lower prevalence of not receiving the booster dose. Conclusions: Approximately three out of 10 adults surveyed in LAC reported not having received the booster vaccine. Authorities must design campaigns that promote receiving a booster dose considering the factors found.

Inclusion of Hydroxycinnamic Acids in Methylated Cyclodextrins: Host-Guest Interactions and Effects on Guest Thermal Stability

There is ongoing interest in exploiting the antioxidant activity and other medicinal properties of natural monophenolic/polyphenolic compounds, but their generally low aqueous solubility limits their applications. Numerous studies have been undertaken to solubilize such compounds via supramolecular derivatization with co-crystal formation with biocompatible coformer molecules and cyclodextrin (CD) complexation being two successful approaches. In this study, eight new crystalline products obtained by complexation between methylated cyclodextrins and the bioactive phenolic acids (ferulic, hydroferulic, caffeic, and p-coumaric acids) were investigated using thermal analysis (hot stage microscopy, thermogravimetry, differential scanning calorimetry) and X-ray diffraction. All of the complexes crystallized as ternary systems containing the host CD, a phenolic acid guest, and water. On heating each complex, the primary thermal events were dehydration and liberation of the respective phenolic acid component, the mass loss for the latter step enabling determination of the host-guest stoichiometry. Systematic examination of the X-ray crystal structures of the eight complexes enabled their classification according to the extent of inclusion of each guest molecule within the cavity of its respective CD molecule. This revealed three CD inclusion compounds with full guest encapsulation, three with partial guest inclusion, and two that belong to the rare class of ‘non-inclusion’ compounds

Invasive fungal infections in patients with acute myeloid leucemia and in those submitted to allogeneic hemopoieticstem cell transplant: who is at highest risk ?

Invasive fungal infections (IFIs) are a growing cause of morbidity and mortality in patients with acute myeloid leukemia (AMLs) and in recipients of allogeneic hemopoietic stem cell transplantation (allo-HSCTs) (1–6). It is widely debated if either allo-HSCTs or AMLs are to be considered at higher risk, but no data comparing the two categories of patients have been reported in literature so far. This cohort study has been conducted from January 1999 to December 2003 in hematology wards located throughout Italy. The study was aimed at evaluating the incidence and mortality for IFIs in adult AMLs and in patients submitted to all types of allo-HSCT procedures; a comparison between the two categories of patients was carried out

Identification of a new cocrystal of citric acid and paracetamol of pharmaceutical relevance

Cocrystals have been increasingly recognized as an attractive alternative delivery form for solid drug products. In this work, Raman spectroscopy, X-ray powder diffraction/X-ray crystallography, and differential scanning calorimetry have been used to study the phenomenon of cocrystal formation in stoichiometric mixtures of citric acid with paracetamol. Raman spectroscopy was particularly useful for the characterization of the products and was used to determine the nature of the interactions in the cocrystals. It was observed that little change in the vibrational modes associated with the phenyl groups of the respective reactants took place upon cocrystal formation but changes in intensities of the vibrational modes associated with the amide and the carboxylic acid groups were observed upon cocrystal formation. Several new vibrational bands were identified in the cocrystal which were not manifest in the raw material and could be used as diagnostic features of cocrystal formation. An understanding of the effects of cocrystal formation on the vibrational modes was obtained by the complete assignment of the spectra of the starting materials and of the cocrystal component. The results show that the cocrystals was obtained in a 2:1 molar ratio of paracetamol to citric acid. The asymmetric unit of the crystal contains two paracetamol molecules hydrogen-bonded to the citric acid; one of these acts as a phenolic-OH hydrogen bond donor to the carbonyl of a carboxylic acid arm of citric acid. In contrast, the other phenolic-OH acts as a hydrogen bond acceptor from the quaternary C-OH of citric acid. © 2011 The Royal Society of Chemistry

Toxoplasma gondii infection in patients with hematological malignancies.

Toxoplasmosis is one of the most common parasitic infections in humans, but in most cases it does not cause serious illness; this protozoan can nevertheless cause devastating disease in immunocompromised hosts such as HIV-positive individuals. Only rarely is toxoplasmosis documented in hematological patients, and among them, those who undergo a transplant procedure are more frequently affected. In a retrospective multicenter survey, we collected data on six cases of toxoplasmosis in hematological patients. In the majority of cases, patients had undergone transplant procedures (five had undergone autologous or allogeneic transplantation). This complication needed special care in diagnosis, usually based on serology, neuroradiology, and PCR examination. However, in our experience the appropriate therapeutic approach was successful in the majority of cases