Daily Archives: January 11, 2022

Bankruptcy Court Holds Arbitration Clause Unenforceable When Underlying Contract Is Rejected Pursuant to Section 365 of the Bankruptcy Code – Lexology

Posted: January 11, 2022 at 2:55 pm

Overview

In Highland Capital Mgmt. v. Dondero (In re Highland Capital Mgmt.), Case No. 21-03007-sgj (Bankr. N.D. Tex. 2021), the U.S. Bankruptcy Court for the Northern District of Texas held that a debtor could not be compelled to abide by an arbitration clause in an agreement that was rejected pursuant to Section 365 of the Bankruptcy Code.

Background

Plaintiff Highland Capital Management L.P. (Highland) originally filed four adversary proceedings to collect on large promissory notes owed to it (collectively, the Note Adversary Proceedings) from the various obligors under the notes (the Note Obligor Defendants). Each Note Obligor Defendant was closely related to Highlands former president, James Dondero, and collectively borrowed tens of millions of dollars from Highland prepetition.

Subsequently, Highland amended its original complaints in each of the Note Adversary Proceedings to add one of its largest limited partners, Dugaboy Investment Trust (Dugaboy), which is a family trust of Dondero, of which the trustee is his sister Nancy Dondero (collectively, the Defendants), and to add new counts alleging, among other things, declaratory judgment as to certain provisions of Highlands limited partnership agreement (the LPA), breach of fiduciary duty, and aiding and abetting breach of fiduciary duty (collectively, the Amended Complaints).

Relying on a mandatory arbitration clause (the Arbitration Clause) in Highlands LPA, the Defendants sought to compel arbitration of the Amended Complaints and stay litigation altogether in the Note Adversary Proceedings pending the arbitration. Notably, the LPA was an executory contract that Highland had rejected pursuant to Section 365 of the Bankruptcy Code. Thus, Highland argued that it was no longer bound by the LPAs provisions that impose specific performance obligations on it such as the Arbitration Clause and may only be responsible for monetary damages.

Opinion

The court agreed with Highland, holding that the LPA was an executory contract duly rejected in its confirmed Chapter 11 plan, and that the Arbitration Clause should likewise be considered a separate executory agreement that was rejected. Id. at 9. Therefore, as the court explained, Highland cannot be forced to specifically perform under the Arbitration Clause or the LPA by mandatorily participating in arbitration of [the Amended Complaints]. Id.

In reaching its decision, the court relied on a district court opinion from the Northern District of Texas and a law review article by Prof. Jay L. Westbrook. See Janvey v. Alguire, 2014 U.S. Dist. LEXIS 193394 (N.D. Tex. Jul. 20, 2014), affd on different grounds at 847 F.3d 231 (5th Cir. 2017) (holding that the court could not require specific performance by the trustee, i.e., to compel arbitration, pursuant to a rejected arbitration agreement); Jay Westbrook, The Coming Encounter: International Arbitration and Bankruptcy, 67 Univ. of Minn. L. Rev. 595 (1983) (an arbitration agreement is like any other executory contract which the trustee may reject). The court distinguished a contrary holding from the Delaware bankruptcy court.

Why This Case Is Interesting

Notably, though not the direct basis for its opinion, the court also found that requiring arbitration would impose an undue and unwarranted burden and expense on the parties to the detriment of Highlands creditors. This decision is important because it preserves the protection afforded to debtors under Section 365 of the Bankruptcy Code by allowing debtors to reject arbitration provisions when doing so is in the best interest of the estate. The court did not address the impact, if any, of the U.S. Supreme Courts most recent decision addressing executory contracts in Mission Products. Interestingly, the court also added that the Defendants waived any right to invoke the Arbitration Clause because of their delay in raising the issue after months of litigation.

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COMPLIANCE WITH OFFICIAL BANKRUPTCY FORM 105 SATISFIES ASHCROFT V. IQBAL – JD Supra

Posted: at 2:55 pm

Section 11 of Official Bankruptcy Form 105, Involuntary Petition Against an Individual, provides:

Allegation

Each petitioner is eligible to file this petition under 11 U.S.C. 303(b).

The debtor may be the subject to an involuntary case under 11 U.S.C. 303(a).

At least one box must be checked:

[ ] The debtor is generally not paying such debtors debts as they become due, unless they are the subject of a bona fide dispute as to liability or amount.

[ ] Within 120 days before the filing of this petition, a custodian, other than a trustee, receiver, or agent appointed or authorized to take charge of less than substantially all of the property of the debtor for the purpose of enforcing a lien against such property, was appointed or took possession.

Two recent cases have held that an involuntary petition which used Official Bankruptcy Form 105 was legally sufficient to state a claim and, thereby, defeat a motion to dismiss. In re Hammond, 2021 Bankr. LEXIS 2651 (Bankr. S.D. Tex. Sept. 28, 2021); In re Gutierrez, 2020 Bankr. LEXIS 1304 (Bankr. S.D. Miss. May 15, 2020).

The Petitioning Creditor in Hammond used Official Form 105 by checking the applicable boxes to read as follows:

[X] Each Petitioner is eligible to file this petition under 11 USC 303(b).

[X] The debtor may be the subject of an involuntary case under 11 USC 303(a).

[X] The debtor is generally not paying such debtors debts as they become due, unless they are subject of a bona fide dispute as to liability or amount.

On the third page of the involuntary petition, where it is asked to list information about all of the petitioning creditors, the petitioning creditor listed only itself and inserted Matured loans remain unpaid under the heading of Nature of petitioners claim and listed $1,690,359 under the heading Amount of value of any lien.

The alleged debtor filed a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) challenging the sufficiency of the allegations of the involuntary petition. To defeat a motion to dismiss, Petitioning Creditor must meet Federal Rule of Civil Procedure 8(a)(2)s requirements of a short and plain statement showing that the pleader is entitled to relief. The United States Supreme Court in Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) stated:

To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face. A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for them is conduct alleged.

Both Hammond and Gutierrez courts relied on Federal Rule of Bankruptcy Procedure 9009(a), which requires parties to use, without alteration, the Official Forms prescribed by the Judicial Conference of the United States in filing a bankruptcy petition. The Rule states:

The Official Forms prescribed by the Judicial Conference of the United Sates shall be used without alteration, except as otherwise provided in these rules, in a particular Official Form, or in the national instructions for a particular Official Form. Official Forms may be modified to permit minor changes not affecting wording or order of presenting information, including changes that:

Each court denied the motion to dismiss and concluded that the better approach for issues such as those raised by the motion to dismiss was a prompt trial.

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The Hong Kong approach where debtors lodge a petition for their own bankruptcy – how to prevent abuse of process – JD Supra

Posted: at 2:55 pm

Summary

If a person presents a petition for their own bankruptcy (self-petition), are there any safeguards to ensure that the self-petition is genuine, as opposed to a cynical device by the person to buy themselves time to pay, or to give themselves some negotiating position with their creditors?

This interesting question was considered in a recent Hong Kong judgment.

On 6 December 2021, at a hearing of four debtors petitions (with the neutral citation [2021] HKCFI 3732), the Court dismissed each of the self-petitions on the ground that it constituted an abuse of process.

On 10 December 2021, the Court gave its reasons for judgment, and the judgment gives helpful guidance as to the likely judicial approach when dealing with self-petitions in the future.

The Court considered four debtors petitions which shared a similar fact pattern - Re So Tsz Man (HCB 7033/2020), Re Lee Wing (HCB 7299/2020), Re Tam Wai Yiu (HCB 7569/2020) and Re Qiu Wenjun (HCB 3930/2021)::-

Section 10 of the Bankruptcy Ordinance (Cap. 6) (BO) provides as follows:-

Grounds of debtors petition

The Court emphasised that presenting a self-petition is a serious matter.

When filing a debtors petition for bankruptcy, the debtor is required to complete:-

These procedural requirements under the Forms Rules are designed to ensure that a debtor presents a petition to seek a bankruptcy order only if they (1) are unable to pay a debt and (2) genuinely wish to seek a bankruptcy order.

The statutory purpose of section 10 of the BO is to permit an insolvent debtor to invoke the bankruptcy jurisdiction where they are unable to pay their debts. By invoking the bankruptcy jurisdiction, however, the debtor gives up all their property in return for being freed from the burdens of their debts and, upon discharge from bankruptcy, to make a clean start.

The statutory scheme of bankruptcy is designed to avoid multiple executions and other forms of enforcement against the debtors assets, so as to ensure that all creditors will be dealt with fairly and equitably through the bankruptcy process, and to achieve a fair and orderly distribution of the debtors assets amongst their creditors.

Section 5(3) of the BO provides that the Court has a general power to dismiss or a stay a petition if it appears to it appropriate to do so on the grounds that there has been a contravention of rules or for any other reason.

The Court in Re So Tsz Man indicated that the Court should dismiss a self-petition as an abuse of process if it is shown that the debtor is able to pay their debts.

In the present case, the Court said it was clear that the debtors did not intend to seek genuinely a bankruptcy order from the Court. Instead, they used self-petitions as the means to suspend their obligations to make repayment of the debts and to negotiate with the creditors on the terms of repayment.

The Court emphasised that, it is not open to a debtor to make a request for a bankruptcy order in the self-petition if they do not in fact intend to seek the order when the petition comes to be heard by the Court. If a debtor does not wish the Court to make a bankruptcy order against him, they should not present a self-petition in the first place. Further, it is not the function of a self-petition to allow a debtor to achieve a moratorium with their creditors. The debtor is free to negotiate with their creditors, and does not need to maintain a self-petition to carry on such negotiations.

The Court regarded it was an abuse of process for a debtor to present a self-petition but then to seek to postpone the determination of the petition by not attending the scheduled hearing(s) or by asking for an adjournment for the purpose of negotiating with their creditors.

As a result, the Court in Re So Tsz Man dismissed each of the four self-petitions for being abusive of the Courts process.

The Court expressed the view that it is a matter of concern that many debtors had chosen to present a self-petition, which process comes at a not insignificant cost to the debtor, including (1) a deposit to the Official Receiver pursuant to rule 52(1)(a) of the Bankruptcy Rules (Cap.6A) (currently at $8,000), (2) a filing fee of $1,045 to the Court and (3) other fees which may be charged by the agents or solicitors for assisting the debtor in the preparation and filing of the petition and the statement of affairs.

To ensure that in future debtors will not be misled by others as to the proper purpose of self-petitions, and to prevent further abuse of process, the Court (save in exceptional circumstances ) is likely to adopt the following approach in dealing with self-petitions:

In all of the above scenarios, the costs of the Official Receiver will be borne by the debtor and be paid out of the deposit. The Court reminded debtors who do not wish to seek a bankruptcy order that it will be to their advantage to withdraw the self-petition at the hearing before Master so as to minimise the costs payable to the Official Receiver.

On 10 December 2021 (the same day as the handing down of the reasons for judgment in Re So Tsz Man), the Official Receivers Office (ORO) announced an Important Notice for Petitioner in Bankruptcy Proceedings. The ORO reminded, among others, debtors in self-petition cases and their legal representatives of their duties to ensure their bankruptcy petitions are prosecuted efficiently and expeditiously. Their duties include but are not limited to the following:-

The ORO further reminded potential self-petitioners and their advisers that any petitions presented that (a) are not in compliance with the relevant requirements or (b) amount to an abuse of process (e.g. the bankruptcy proceedings being invoked in an improper manner or for an improper purpose such as using it as a means for negotiation with creditors) are liable to be dismissed by the court with costs ordered against the debtors in self-petition cases.

Re So Tsz Man, together with the OROs announcement, serve as a timely and important reminder that the self-petition is a tool which can employed only be under specific conditions. Debtors should obtain proper legal advice before presenting a self-petition to avoid dismissal of the petition and adverse costs consequence.

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Scientists Say the Universe Itself May Be "Pixelated" – Futurism

Posted: at 2:54 pm

Heres a brain teaser for you: scientists are suggesting spacetime may be made out of individual spacetime pixels, instead of being smooth and continuous like it seems.

Rana Adhikari, a professor of physics at Caltech, suggested in a new press blurb that these pixels would be so small that if you were to enlarge things so that it becomes the size of a grain of sand, then atoms would be as large as galaxies.

Adhikaris goal is to reconcile the conventional laws of physics, as determined by general relativity, with the more mysterious world of quantum physics.

Its a seriously mind-bending theory that attempts to explain whether gravity can actually be split up into its individual components, a question that has been keeping quantum physicists up at night for a long time.

Sometimes there is a misinterpretation in science communication that implies quantum mechanics and gravity are irreconcilable, said Cliff Cheung, a Caltech professor of theoretical physics whos working with Adhikari, in the statement. But we know from experiments that we can do quantum mechanics on this planet, which has gravity, so clearly they are consistent.

The devil, as always, is in the detail.

The problems come up when you ask subtle questions about black holes or try to merge the theories at very short distance scales, Cheung added.

In other words, if you were to zoom in on spacetime, would you also find individual photons, which make up light, according to the laws of quantum mechanics? Or would it be a continuous spectrum?

Some scientists suggest individual hypothetical gravitons could make up gravity on the smallest scale. Gravitons are a component of string theory that would resonate at a particular frequency.

But on an even smaller scale than that, scientists are still scratching their heads as to how to unify the laws of general relativity and quantum physics.

If I drop my coffee mug and it falls, Id like to think thats gravity, Adhikari quipped. But, in the same way that temperature is not real but describes how a bunch of molecules are vibrating, spacetime might not be a real thing.

The same may go for spacetime.

It may be that something that arises out of the pixelation of spacetime has just been given the name gravity because we dont yet understand what the guts of spacetime are, he added.

READ MORE: Is Space Pixelated? The Quest for Quantum Gravity [California Institute of Technology]

More on quantum physics: Scientist Claims That Aliens May Be Communicating via Starlight

Care about supporting clean energy adoption? Find out how much money (and planet!) you could save by switching to solar power at UnderstandSolar.com. By signing up through this link, Futurism.com may receive a small commission.

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Physics Staff to Call for Schrdinger Theatre to be Renamed – The University Times

Posted: at 2:54 pm

Jody DruceNews Editor

Some staff in the School of Physics are to call for the Erwin Schrdinger lecture theatre to be renamed in light of revelations about the physicists abuse of young women and girls.

Two staff members in the School confirmed to The University Times that a meeting will be held to discuss the possibility of renaming the theatre, after an Irish Times article published in December detailed Schrdingers record as a sexual predator. The meeting was supposed to be held today but was postponed.

A petition published last month calling for Schrdingers removal from the School of Physics lecture theatres name, has garnered 51 signatures. The petition is being shared among staff in the school, but it was not created by a staff member.

The physicist, known for his contributions to quantum theory, worked in Trinity for nearly 20 years and became a naturalised Irish citizen.

The article names three girls who were teenagers or pre-adolescents when Schrdinger became infatuated with them.

According to the 2012 biography Erwin Schrdinger and the Quantum Revolution by John Gribbin, which is cited in the article, Schrdinger groomed a 14-year-old girl named Itha Junger after he became her mathematics tutor. Schrdinger, then in his mid forties, wrote that he fell in love with the girl and admitted to having intercourse with her when she was 17.

In the same year, Junger became pregnant and had a disastrous abortion that left her sterile according to the Irish Times. The relationship ended soon after.

In Schrdinger, Life and Thought, Walter Moore describes how Schrdinger became infatuated with a 12-year-old girl named Barbara. While Schrdinger agreed not to pursue the child after one of her family members raised concerns, he wrote in his diaries that she was among the unrequited loves of his life.

Moore wrote that the physicists attitude towards women was essentially that of a male supremacist.

The petition said: It seems in bad taste that a modern college such as Trinity one that holds lectures to both men and women, one that (hopefully) rejects the abuse of women, of young girls or, indeed, of anyone would honour this man with an entire building.

It added: The School of Physics is, and always should be, a welcoming, inclusive place of learning. Who we choose to honour our places of study with should reflect that.

We can acknowledge the great mark Schrodinger has left on science through our study, and this petition does not wish to diminish the impact his lectures or ideas had in physics.

If you have been affected by, or would like to discuss issues concerning sexual assault or non-consensual behaviour, you can contact the Welfare Officer of Trinity College Dublin Students Union by emailing [emailprotected] Emergency appointments with the Student Counselling Service are also available. You can phone Niteline, the student listening service, every night of term from 9pm2:30am on 1800 793 793, or the Samaritans at any time on 116 123. The Dublin Rape Crisis Centre can be reached at 1800 778 888.

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Science Inquiry Lecture: Quantum Materials and the MonArk Quantum Foundry – Montana State University

Posted: at 2:54 pm

Winter/Spring2022Virtual Science Inquiry Lecture SeriesExplore cutting-edge science topics, their latest developments, and their relevance to society. Sponsored by the Gallatin Valley Friends of the Sciences, and co-sponsored by the non-profit community service organization Hopa Mountain andMuseum of the Rockies, talks for the 2022 winter/spring serieswill be presented virtually via the Zoom video conferencing platformon Wednesday evenings at 7 pm, followed by a brief question-and-answer period using the Zoom chat function.

Quantum Materials and the MonArk Quantum FoundryHow does quantum mechanics work, and how can it be applied to practical, everyday use?Dr. Yves Idzerda, MSU Professor of Physics and Dean of the College of Letters and Science, will discuss the latest advances in quantum technology and how MSUs NSF-funded quantum foundry will research and develop quantum materials and devices that will connect science and industry.

Free and open to the public via Zoom.Visit theGallatin Valley Friends of the Sciences websitefor the Zoom link for this lecture.

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How could the Big Bang arise from nothing? – TechCentral

Posted: at 2:54 pm

The last star will slowly cool and fade away. With its passing, the universe will become once more a void, without light or life or meaning. So warned the physicist Brian Cox in the recent BBC series Universe. The fading of that last star will only be the beginning of an infinitely long, dark epoch. All matter will eventually be consumed by monstrous black holes, which in their turn will evaporate away into the dimmest glimmers of light. Space will expand ever outwards until even that dim light becomes too spread out to interact. Activity will cease.

Or will it? Strangely enough, some cosmologists believe a previous, cold dark empty universe like the one which lies in our far future could have been the source of our very own Big Bang.

But before we get to that, lets take a look at how material physical matter first came about. If we are aiming to explain the origins of stable matter made of atoms or molecules, there was certainly none of that around at the Big Bang nor for hundreds of thousands of years afterwards. We do in fact have a pretty detailed understanding of how the first atoms formed out of simpler particles once conditions cooled down enough for complex matter to be stable, and how these atoms were later fused into heavier elements inside stars. But that understanding doesnt address the question of whether something came from nothing.

So lets think further back. The first long-lived matter particles of any kind were protons and neutrons, which together make up the atomic nucleus. These came into existence around one ten-thousandth of a second after the Big Bang. Before that point, there was really no material in any familiar sense of the word. But physics lets us keep on tracing the timeline backwards to physical processes which predate any stable matter.

This takes us to the so-called grand unified epoch. By now, we are well into the realm of speculative physics, as we cant produce enough energy in our experiments to probe the sort of processes that were going on at the time. But a plausible hypothesis is that the physical world was made up of a soup of short-lived elementary particles including quarks, the building blocks of protons and neutrons. There was both matter and antimatter in roughly equal quantities: each type of matter particle, such as the quark, has an antimatter mirror image companion, which is near identical to itself, differing only in one aspect. However, matter and antimatter annihilate in a flash of energy when they meet, meaning these particles were constantly created and destroyed.

But how did these particles come to exist in the first place? Quantum field theory tells us that even a vacuum, supposedly corresponding to empty spacetime, is full of physical activity in the form of energy fluctuations. These fluctuations can give rise to particles popping out, only to be disappear shortly after. This may sound like a mathematical quirk rather than real physics, but such particles have been spotted in countless experiments.

The spacetime vacuum state is seething with particles constantly being created and destroyed, apparently out of nothing. But perhaps all this really tells us is that the quantum vacuum is (despite its name) a something rather than a nothing. The philosopher David Albert has memorably criticised accounts of the Big Bang which promise to get something from nothing in this way.

Suppose we ask: where did spacetime itself arise from? Then we can go on turning the clock yet further back, into the truly ancient Planck epoch a period so early in the universes history that our best theories of physics break down. This era occurred only one ten-millionth of a trillionth of a trillionth of a trillionth of a second after the Big Bang. At this point, space and time themselves became subject to quantum fluctuations. Physicists ordinarily work separately with quantum mechanics, which rules the microworld of particles, and with general relativity, which applies on large, cosmic scales. But to truly understand the Planck epoch, we need a complete theory of quantum gravity, merging the two.

We still dont have a perfect theory of quantum gravity, but there are attempts like string theory and loop quantum gravity. In these attempts, ordinary space and time are typically seen as emergent, like the waves on the surface of a deep ocean. What we experience as space and time are the product of quantum processes operating at a deeper, microscopic level processes that dont make much sense to us as creatures rooted in the macroscopic world.

In the Planck epoch, our ordinary understanding of space and time breaks down, so we cant any longer rely on our ordinary understanding of cause and effect either. Despite this, all candidate theories of quantum gravity describe something physical that was going on in the Planck epoch some quantum precursor of ordinary space and time. But where did that come from?

Even if causality no longer applies in any ordinary fashion, it might still be possible to explain one component of the Planck-epoch universe in terms of another. Unfortunately, by now even our best physics fails completely to provide answers. Until we make further progress towards a theory of everything, we wont be able to give any definitive answer. The most we can say with confidence at this stage is that physics has so far found no confirmed instances of something arising from nothing.

Paradoxical though it might seem, a total absence of matter might have managed to give rise to all the matter we see around us in our universe

To truly answer the question of how something could arise from nothing, we would need to explain the quantum state of the entire universe at the beginning of the Planck epoch. All attempts to do this remain highly speculative. Some of them appeal to supernatural forces like a designer. But other candidate explanations remain within the realm of physics such as a multiverse, which contains an infinite number of parallel universes, or cyclical models of the universe, being born and reborn again.

The 2020 Nobel Prize-winning physicist Roger Penrose has proposed one intriguing but controversial model for a cyclical universe dubbed conformal cyclic cosmology. Penrose was inspired by an interesting mathematical connection between a very hot, dense, small state of the universe as it was at the Big Bang and an extremely cold, empty, expanded state of the universe as it will be in the far future. His radical theory to explain this correspondence is that those states become mathematically identical when taken to their limits. Paradoxical though it might seem, a total absence of matter might have managed to give rise to all the matter we see around us in our universe.

In this view, the Big Bang arises from an almost nothing. Thats whats left over when all the matter in a universe has been consumed into black holes, which have in turn boiled away into photons lost in a void. The whole universe thus arises from something that viewed from another physical perspective is as close as one can get to nothing at all. But that nothing is still a kind of something. It is still a physical universe, however empty.

How can the very same state be a cold, empty universe from one perspective and a hot dense universe from another? The answer lies in a complex mathematical procedure called conformal rescaling, a geometrical transformation which in effect alters the size of an object but leaves its shape unchanged.

Penrose showed how the cold dense state and the hot dense state could be related by such rescaling so that they match with respect to the shapes of their spacetimes although not to their sizes. It is, admittedly, difficult to grasp how two objects can be identical in this way when they have different sizes but Penrose argues size as a concept ceases to make sense in such extreme physical environments.

In conformal cyclic cosmology, the direction of explanation goes from old and cold to young and hot: the hot dense state exists because of the cold empty state. But this because is not the familiar one of a cause followed in time by its effect. It is not only size that ceases to be relevant in these extreme states: time does too. The cold dense state and the hot dense state are in effect located on different timelines. The cold empty state would continue on forever from the perspective of an observer in its own temporal geometry, but the hot dense state it gives rise to effectively inhabits a new timeline all its own.

It may help to understand the hot dense state as produced from the cold empty state in some non-causal way. Perhaps we should say that the hot dense state emerges from, or is grounded in, or realised by the cold, empty state. These are distinctively metaphysical ideas which have been explored by philosophers of science extensively, especially in the context of quantum gravity where ordinary cause and effect seem to break down. At the limits of our knowledge, physics and philosophy become hard to disentangle.

Conformal cyclic cosmology offers some detailed, albeit speculative, answers to the question of where our Big Bang came from. But even if Penroses vision is vindicated by the future progress of cosmology, we might think that we still wouldnt have answered a deeper philosophical question a question about where physical reality itself came from. How did the whole system of cycles come about?Then we finally end up with the pure question of why there is something rather than nothing one of the biggest questions of metaphysics.

But our focus here is on explanations which remain within the realm of physics. There are three broad options to the deeper question of how the cycles began. It could have no physical explanation at all. Or there could be endlessly repeating cycles, each a universe in its own right, with the initial quantum state of each universe explained by some feature of the universe before. Or there could be one single cycle, and one single repeating universe, with the beginning of that cycle explained by some feature of its own end. The latter two approaches avoid the need for any uncaused events and this gives them a distinctive appeal. Nothing would be left unexplained by physics.

Penrose envisages a sequence of endless new cycles for reasons partly linked to his own preferred interpretation of quantum theory. In quantum mechanics, a physical system exists in a superposition of many different states at the same time, and only picks one randomly, when we measure it. For Penrose, each cycle involves random quantum events turning out a different way meaning each cycle will differ from those before and after it. This is actually good news for experimental physicists, because it might allow us to glimpse the old universe that gave rise to ours through faint traces, or anomalies, in the leftover radiation from the Big Bang seen by the Planck satellite.

Penrose and his collaborators believe they may have spotted these traces already, attributing patterns in the Planck data to radiation from supermassive black holes in the previous universe. However, their claimed observations have been challenged by other physicists and the jury remains out.

Endless new cycles are key to Penroses own vision. But there is a natural way to convert conformal cyclic cosmology from a multi-cycle to a one-cycle form. Then physical reality consists in a single cycling around through the Big Bang to a maximally empty state in the far future and then around again to the very same Big Bang, giving rise to the very same universe all over again.

Some people believe parallel universes may be observable in cosmological data, as imprints caused by another universe colliding with ours

This latter possibility is consistent with another interpretation of quantum mechanics, dubbed the many-worlds interpretation. The many-worlds interpretation tells us that each time we measure a system that is in superposition, this measurement doesnt randomly select a state. Instead, the measurement result we see is just one possibility the one that plays out in our own universe. The other measurement results all play out in other universes in a multiverse, effectively cut off from our own. So no matter how small the chance of something occurring, if it has a non-zero chance then it occurs in some quantum parallel world. There are people just like you out there in other worlds who have won the lottery, or have been swept up into the clouds by a freak typhoon, or have spontaneously ignited, or have done all three simultaneously.

Some people believe such parallel universes may also be observable in cosmological data, as imprints caused by another universe colliding with ours.

Many-worlds quantum theory gives a new twist on conformal cyclic cosmology, though not one that Penrose agrees with. Our Big Bang might be the rebirth of one single quantum multiverse, containing infinitely many different universes all occurring together. Everything possible happens then it happens again and again and again.

For a philosopher of science, Penroses vision is fascinating. It opens up new possibilities for explaining the Big Bang, taking our explanations beyond ordinary cause and effect. It is therefore a great test case for exploring the different ways physics can explain our world. It deserves more attention from philosophers.

For a lover of myth, Penroses vision is beautiful. In Penroses preferred multi-cycle form, it promises endless new worlds born from the ashes of their ancestors. In its one-cycle form, it is a striking modern re-invocation of the ancient idea of the ouroboros, or world-serpent. In Norse mythology, the serpent Jrmungandr is a child of Loki, a clever trickster, and the giant Angrboda. Jrmungandr consumes its own tail, and the circle created sustains the balance of the world. But the ouroboros myth has been documented all over the world including as far back as ancient Egypt.

The ouroboros of the one cyclic universe is majestic indeed. It contains within its belly our own universe, as well as every one of the weird and wonderful alternative possible universes allowed by quantum physics and at the point where its head meets its tail, it is completely empty yet also coursing with energy at temperatures of a hundred thousand million billion trillion degrees Celsius. Even Loki, the shapeshifter, would be impressed.

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Ascension 4-H Stick Horse Rodeo, 4-H Alumni Night Jan. 21, and Livestock Show Jan. 22 – The Advocate

Posted: at 2:53 pm

It's livestock show time and local 4-H and FFA exhibitors are ready to highlight the skills they've learned.

In Ascension Parish, livestock show time also means the Ascension Parish 4-H Stick Horse Rodeo is right around the corner. It's set for Jan. 21 at Lamar-Dixon Expo Center's Barn 8.

Registration is at 6 p.m. and the show begins at 6:30 p.m.

The show is open to all youth 11 years old and younger. The classes are Buckin Horse, Buckin Bull, Flag Race and Barrel Racing.

The stick horse rodeo participant fee is $5. Cowboy and cowgirls do not have to be a 4-H member to participate. Spectators are free.

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Following the stick horse rodeo, there will be fellowship and adult showmanship contests for 4-H and FFA alumni. All are invited to attend.

The Ascension Parish 4-H and FFA hosts its annual Livestock Show at Lamar-Dixon barns 7 and 8 on Jan. 22. There will be cattle, sheep, goats, swine, rabbits and poultry exhibited at the show, along with showmanship contests, and premier exhibitor tests.

The show is open to the public for spectating. The judging begins at 8 a.m. with the cattle followed by sheep, goats and swine. The rabbit and poultry shows will both begin at 9 a.m.

4-H empowers youth to reach their full potential, working and learning in partnership with caring adults. For more information, call the Ascension 4-H office at (225) 621-5799.

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Ascension 4-H Stick Horse Rodeo, 4-H Alumni Night Jan. 21, and Livestock Show Jan. 22 - The Advocate

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Around Ascension for Jan. 12, 2022 | Ascension | theadvocate.com – The Advocate

Posted: at 2:53 pm

VFW plans chili cook-off

Veterans of Foreign Wars 3693 is looking for cooking team and sponsors for its Feb. 5 chili cook-off.

The cooking begins at 8 a.m. with cooks vying for trophies in three categories: Judges Division, People's Choice and Best Decorated. The chili will be served starting at 11 a.m., with a $10 fee.

For information on entering a team or becoming a sponsor, email the chili committee at 3693vfw@gmail.com.

The Ascension Parish Health Unit and Albertson's have partnered to give ages five and older free vaccines in Ascension Parish. The pop-up vaccination clinic will be from 11 a.m. to 3 p.m. Jan. 22 at the Gonzales Health Unit. Organizers ask those planning to attend to bring their insurance or Medicaid card if available. Insurance is not mandatory. Parents of children should have their I.D. and driver's license.

On Saturday, Feb. 12, 21 days after the first dose, a second dose will be scheduled.

On-site consent forms will be provided and online at ascensionparish.net. Residents may call the health center at (225) 450-1006 for any questions or concerns.

The heath unit is at 1024 SE Ascension Complex Blvd. in Gonzales.

As a service to the residents of Louisiana, the LSU AgCenters Sweet Potato Research Station produces foundation sweet potato seed annually. These seed potatoes are to be bedded in the row to produce slips or cuttings, which are then transplanted to the field to produce the crop. All varieties are certified to be free of viruses.

Variety information can be found on the Sweet Potato Research Station website, http://www.lsuagcenter.com/portals/our_offices/research_stations/sweetpotato/.

The cost of a 40-pound box of seed potatoes is $18.50 for Beauregard (B-63 and B-14) and Evangeline; all other varieties are $25. For information or to order, email LSU AgCenter Agent Mariah Simoneaux at mjsimoneaux@agcenter.lsu.edu or call (225) 621-5799. Orders can be placed through Jan. 19. Potatoes will be ready for pick up in mid-February.

Looking for things to do in this new year? Check out the Ascension Parish Library calendar for a long list of programs for all ages. Here are a few upcoming programs at library locations throughout the parish. Remember, the Donaldsonville library branch is in a new location due to renovations at the permanent branch. Visit myapl.org for details and to register for events.

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If you are a teen between the ages of 12-18 who likes to free draw, are a coloring fanatic, or just in need of a break, then this is for you. Relax, snack and color at Ascension Parish Librarys Art Break at 4 p.m.Tuesday, Jan. 25, in Dutchtown and in Galvez. The library will provide art supplies, coloring sheets and refreshments all you have to do is show up. For more information, call the library or visit myapl.org.

Are cooler temperatures and darker days making you miss summer fun? Then bring your little ones to Ascension Parish Library for a fun-filled day at the beach at 9:30 a.m. Saturday, Jan. 15, in Galvez and at 10 a.m. Saturday, Jan. 29, in Dutchtown. Your toddler will love exploring the beach indoors with sensory activities like playing with sand and water beads and treasure hunting for shells and sea creatures. Kids will also develop gross motor skills by pretending to swim in the ocean and learn lots of fun facts about ocean life.

Experience story time in two languages. Kids ages 8 and younger and their families are invited to visit Ascension Parish Library on Thursday, Jan. 20, at 6 p.m. in Gonzales and Thursday, Jan. 27, at 10 a.m. in Galvez for interactive bilingual story time presented in both English and Spanish. Enjoy 30 minutes of stories, songs and active play, followed by a fun and easy craft. For more information, call (225) 647-3955 or visit myAPL.org.

Take Off Pounds Sensibly meets starting with weigh-in at 9:15 a.m. and meeting at 10 a.m. every Thursday at the fellowship hall at Carpenter's Chapel Church, 41181 La. 933, in Prairieville. Dues are $5 a month. For information, call Miriam Sanchez at (225) 202-8521.

Tap into your creativity with writing exercises designed to help you explore ways of expressing yourself in a creative and imaginative workshop series. Explore your creative process by turning the stories in your head into stories on paper. Whether its a short sentence or a long narrative, learn to employ certain techniques to maximize your message and turn the mundane into the marvelous. Larry Schexnaydre, owner and studio director of Center Stage Performing Arts Academy, will guide you through the writing process in a fun and thoughtful way during this series of two workshops at Ascension Parish Library in Dutchtown on Saturday, Jan. 15, and Jan. 29 at 10 a.m. Your goal will be to complete a short story or monologue, then perform it for the group. Dont miss this opportunity to explore your creativity in a supportive environment with other creative writers.

Designed for adults ages 18+. Writers of all levels are welcome. Participation in both sessions is recommended, but not required. Registration required. To register, call (225) 673-8699. This event was initiated through the Friends of the Ascension Public Library.

If you are between the ages of 12 and 18, come chill out at Ascension Parish Library and create your own winter wonderland inside an upcycled mason jar on Tuesday, Jan. 18, at 4 p.m. in Dutchtown and Saturday, Jan. 22, at 10 a.m. in Galvez.

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Around Ascension for Jan. 12, 2022 | Ascension | theadvocate.com - The Advocate

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In 2021, trash haul for Ascension was a bumper year – The Advocate

Posted: at 2:53 pm

Ascension Parish public works crews hauled in around 30% more bags of litter from roadsides, ditches and other corners of the parish in 2021 than they did in each of the previous three years.

Parish government also saw a roughly 70% increase in the number of cars and trucks visiting the parish's two recycling centers on the east and west banks of Ascension, new parish data shows.

With no parish government trash service, a collection of private operators with a mix of offerings, consistent new construction, and a community crisscrossed by major state and federal highways, litter has remained a continuing problem in Ascension.

Jade Robin, Department of Public Works assistant director and a project manager, provided Parish Council members with a data-laden update recently on the parish government's efforts to keep trash at bay through its Keep Ascension Beautiful program and other work.

Robin told the council that crews had picked up around 8,556 bags of trash in 2021, more than 2,000 bags greater than in each of the previous three years.

"So, we're definitely trending forward. Looking forward to moving even further with some of the things we have coming," Robin said in a virtual meeting Jan. 6.

The recycling centers also saw a combined 18,813 cars and trucks visit and dump trash in 2021, up markedly from the previous year, the data show.

The new data also detailed many of the odds and ends crews ran across and collected from the parish over the previous year, including 41 mattresses, five box springs, six sofa sets, four dressers, six toilets, a doghouse and a round hay bale.

Crews and the recycling centers also collected 1,720 tires in 2021.

Though cleanup crews and hazardous materials recycling cost parish dollars an April cleanup day cost $68,677 the cleanup efforts have also generated a little new revenue.

A scrap metal recycling program, which began in 2020, generated more than $15,100 through November 2021.

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Robin detailed efforts to drop roll-off trash boxes in selected locations in western Ascension and setting up "do not litter" signs at selected problem dump sites.

Parish Council members were generally congratulatory for the clean-up work but also had suggestions.

Council members Alvin "Coach" Thomas Jr. and Aaron Lawler asked Robin to consider installing remote cameras at problem dump sites to catch violators.

Thomas also told Robin to continue putting roll-off trash containers at selected locations in western Ascension. Residents in west bank areas like Smoke Bend, Aben, Modeste and Lemanville appreciated the roll-off trash containers, he said.

"I think it helps out tremendously, and it helps out the people putting the trash out. There's nowhere for them to go and put it. They don't have trash pickup in the parish in itself," Thomas said.

Moments beforehand, Robin had told the council that he considered the installation of roll-off containers in western Ascension as not "well-thought-out" because the containers became over-filled. Trash was stacked up next to the large bins.

Robin had suggested deploying the roll-off containers to one central location.

Council member Joel Robert said trash trucks headed to the commercial landfills in his Sorrento-area council district routinely have trash fly out along La. 22.

He urged the parish administration to try to address the problem with trash haulers.

"Just like everything else, though, if they're not being addressed by it and if they're not being spoken to about it, they're not going to do anything, you know," Robert said.

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In 2021, trash haul for Ascension was a bumper year - The Advocate

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