- The slot machine or one armed bandit continues to be around since 1895 and it is one of the greatest pulls inside any kind of casino. There is simply no real skill involved playing it and also payouts can range by having several bucks to.
- La Paloma Lodge is the perfect place for nature lovers looking for adventure, couples escaping on a romantic getaway, or families looking to make memories that will last a lifetime. “ One of the most stylish Lodges in Costa Rica - polished hardwoods and hammocks, floor to ceiling windows, stunning views of the Pacific Ocean.
In a recent decision, In re Philadelphia Entertainment and Development Partners, L.P., No. 14-000255-mdc (Bankr. E.D. Pa. Dec. 31, 2019), the Bankruptcy Court for the Eastern District of Pennsylvania held that state sovereign immunity does not prevent bankruptcy courts from hearing fraudulent transfer claims against states. The Court also found, however, that the debtor’s state-issued slot machine operating license did not constitute a property interest for fraudulent transfer purposes. Practitioners should beware that while fraudulent transfer claims might fall under the in rem jurisdiction of bankruptcy courts, those claims must properly involve the res of the estate, which is often determined by state law.
Affordable price paired with premium quality, La Paloma, meaning ‘The Dove’, comes in four wrapper varieties all offering a top-notch smoking experience. La Paloma Limited Edition and La Paloma Corojo are offered in a single Cameroon or Corojo wrapper respectively, with La Paloma Vintage Reserva available in Connecticut, Corojo or Maduro.
Background
Before the bankruptcy, Philadelphia Entertainment and Development Partners, L.P. (the “Debtor”) planned to operate a casino. It paid $50 million to the State of Pennsylvania to obtain a slot machine license. The state’s Gaming Control Board later revoked this license following a proceeding in which it determined that the Debtor failed to meet its licensing requirements. The Commonwealth Court of Pennsylvania affirmed the revocation after the Debtor appealed. In 2014, the Debtor filed for chapter 11 protection and initiated an adversary proceeding against the State and its Department of Revenue, claiming they committed a fraudulent transfer by revoking the Debtor’s slot machine license without refunding the $50 million fee.
The bankruptcy court had previously dismissed the Debtor’s fraudulent transfer claims on grounds that the claims violated the Rooker-Feldman Doctrine, which holds that federal jurisdiction does not extend to claims that function as appeals of state court judgments. The Third Circuit Court of Appeals reversed and remanded to determine (i) whether claim or issue preclusion barred judicial review; (ii) whether the Debtor stated fraudulent transfer claims, and (iii) whether sovereign immunity barred judicial review of those claims.
The Court’s Reasoning
On remand, the bankruptcy court defined the operative “fraudulent transfer” as the revocation of the license, rather than the payment of the fee or the state’s failure to refund the fee to the Debtor, an issue that the Debtor apparently conceded. The Court then held that claim and issue preclusion did not bar the Debtor’s claims under section 544 of the Bankruptcy Code, which allows debtors to avoid transfers that are avoidable pursuant to applicable law – here the Pennsylvania Uniform Fraudulent Transfer Act (PUFTA) – and the fraudulent transfer provisions of Code section 548. Both claims were bankruptcy-specific, and the Debtor did not and could not bring them in the earlier state proceedings, which considered the basis for revoking the license pursuant to state law.
On the sovereign immunity issue, the Court discussed the application of the Supreme Court’s decision in Central Virginia Community College v. Katz, 546 U.S. 356 (2006), which held that sovereign immunity did not prevent bankruptcy courts from hearing avoidance and preference claims against a state entity arising from sections 547 and 550 of the Code. Katz did not explicitly extend to fraudulent transfers, but the bankruptcy court followed Katz’s reasoning in finding that fraudulent transfer actions aided in the uniform treatment of state and private creditors, and that legislative history indicated that states waived sovereign immunity for fraudulent transfers upon ratifying the Bankruptcy Clause of the Constitution. Key to this reasoning was the waiver of state sovereign immunity for in rem causes of action or actions ancillary to that in rem jurisdiction. The court noted that the authority to recover estate property has been core to the administration of debtors’ estates since the 18th century, and recovery of fraudulently-transferred estate property has historically played a key role in that authority.
While fraudulent transfers of debtors’ property interests are not subject to state sovereign immunity defenses, the court held that in this case, the Debtor was not seeking recovery of a property interest, as required under the fraudulent transfer provisions of section 548 of the Code and PUFTA. Under either statute, state law would determine whether a property interest existed, in this case the Pennsylvania Gaming Act, which created the license program. That statute explicitly disclaims any entitlement to the licenses and categorizes them as “privileges.” The court rejected the debtor’s argument that the Court must look to PUFTA, which defines licenses generally as “property” for fraudulent transfer purposes, holding that PUFTA did not defeat the Gaming Act’s more specific and more recent language determining the slot machine licenses were not property interests. On those grounds, the Court determined that the Debtor did not state fraudulent transfer claims for which relief could be granted. The Court dismissed the Debtor’s complaint with prejudice.
Conclusion and Take-Away
This decision adds fraudulent transfer claims to the universe of actions debtors can bring against a state entity in front of a bankruptcy court following the decision in Katz, at least in the Eastern District of Pennsylvania. However, those claims must involve property interests. A slot machine license is only one example of a right or interest that according to state law does not constitute a property interest. Other types of licenses, permits, franchises, or contracts might similarly invoke state law to determine their statuses as property interests. Practitioners should review the state law that grants and defines their clients’ rights to analyze the likelihood of success of any fraudulent transfer claims.
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'La Paloma', 'The Dove' in English, is a popular Spanish song that has been produced and reinterpreted in diverse cultures, settings, arrangements, and recordings over the last 140 years. The song was composed and written by the Spanish composer from the Basque regionSebastián Iradier (later Yradier) in the 1850s. In 1879, it was registered at the copyright office in Madrid as a 'Canción Americana con acompañamiento de Piano'.[1] Iradier was to die in obscurity within few years, never to learn how popular his song would become.
Very quickly, 'La Paloma' became popular outside of Spain, particularly in Mexico, and soon spread around the world. In many places, including Afghanistan, Cuba, Colombia, Hawaii, the Philippines, Germany, Romania, Venezuela, Zanzibar, and Goa it gained the status of a quasi-folk song. Over the years, the popularity of 'La Paloma' has surged and receded periodically, but never subsided. It may be considered one of the first universal popular hits and has appealed to artists of diverse musical backgrounds.[2] There are more than one thousand versions of this song, and together with 'Yesterday' by The Beatles, is one of the most-recorded songs in the history of music; it is certainly the most-recorded Spanish song.[citation needed]
The motif[edit]
The motif of 'La Paloma' (the dove) can be traced back to an episode that occurred in 492 BC, before Darius the Great's invasion of Greece, a time when the white dove had not yet been seen in Europe.[3] The Persian fleet under Mardonius was caught in a storm off the shore of Mount Athos and wrecked, when the Greeks observed white doves escaping from the sinking Persian ships. Those were most probably homing pigeons which the Persian fleet carried with them when sallying forth out of Persia for battle. This inspired the notion that such birds bring home a final message of love from a sailor who is lost at sea.
This theme that a final link of love overcomes death and separation is reflected in 'La Paloma'. While the lyrics may not always be true to the original, the soul of the song seems to survive all attempts to recast it in whatever new form and shape there may be and is able to express the tension between separation with loneliness, even death, and love.[citation needed]
History[edit]
In the Portuguese novel O Crime do Padre Amaro (The Crime of Father Amaro), written in 1871 by the Portuguese writer José Maria de Eça de Queirós, it is referred to as '[l]a Chiquita, an old Mexican song'.[citation needed]
German and French versions appeared in the 1860s.[4]Harry James recorded a version in 1941 on Columbia 36146., and a version in English titled 'No More' with lyrics by Don Robertson and Hal Blair was recorded by both Dean Martin and Elvis Presley. That version was written by request as an adaptation of an Italian or French folk song with new English lyrics, specifically to be sung by Elvis in the movie Blue Hawaii. It was based on musical melody as remembered, and had lyrics fit to the melody which emerged during composition.[5]
'La Paloma' has been interpreted by musicians of diverse backgrounds including opera, pop, jazz, rock, military bands, and folk music. The song entered the Guinness Book of World Records being sung by the largest choir, 88,600 people, in Hamburg on May 9, 2004.[6]
Movies[edit]
'La Paloma' is played in these movies:
- 'La Paloma' Screen Songs cartoon, 1930
- The Private Life of Don Juan, 1934
- La Paloma, Ein Lied der Kameradschaft, 1934 (also listed as La Paloma, 1938)[7]
- Juarez, 1939
- Große Freiheit Nr. 7, 1944, Hans Albers singing a German version
- Stray Dog, 1949
- Invasion of the Body Snatchers, 1956
- La Paloma, Germany 1958
- Habanera, Spain 1958
- Freddy, die Gitarre und das Meer, 1959
- Adua e le compagne, 1960
- Blue Hawaii, 1961, Elvis Presley singing 'No More'. His recording was also featured on the soundtrack album and a re-recorded 'live' version was featured in the American cut of Aloha from Hawaii. This 1973 version was originally released on the budget album Mahalo from Elvis but has since been included on various reissues of the live album.
- The Godfather Part II, 1974. The band are playing 'La Paloma' in the opening scene of the New Year party in Havana.
- Bröderna Lejonhjärta, 1977. Karl's mom is heard singing the Swedish version of 'La Paloma'.
- The Tin Drum, 1979
- Das Boot, 1981
- Mortelle Randonnée, 1983. In the film, the Hans Albers version is heard.
- The House of the Spirits, 1993
- Sonnenallee, 1999
- A Moment to Remember, 2004
- 'La Paloma' is the subject of the 2008 documentary La Paloma. Sehnsucht. Weltweit (German for La Paloma. Longing. Worldwide) by Sigrid Faltin [de].[8]
- Soul Kitchen, 2009
- Manila Kingpin: The Asiong Salonga Story, 2011
- In the musical film, Down Argentine Way, Charlotte Greenwood sings an upbeat, fast song called 'Sing To Your Senorita'. The melody is loosely based on that of 'La Paloma'.
Lyrics[edit]
Cuando salí de la Habana
¡Válgame Dios!
Nadie me ha visto salir
Si no fui yo.
Y una linda Guachinanga
Allá voy yo.
Que se vino tras de mí,
que sí, señor.
Refrain:
Si a tu ventana llega una paloma,
Trátala con cariño que es mi persona.
Cuéntale tus amores, bien de mi vida,
Corónala de flores que es cosa mía.
Ay, chinita que sí!
Ay, que dame tu amor!
Ay, que vente conmigo, chinita,
A donde vivo yo!
El día que nos casemos ¡Válgame Dios!
En la semana que hay ir Me hace reir
Desde la Iglesia juntitos, Que sí señor,
Nos iremos a dormir, Allá voy yo.
(Refrain)
Cuando el curita nos eche La bendición
En la Iglesia Catedral, Allá voy yo
Yo te daré la manita Con mucho amor
Y el cura dos hisopazos Que sí señor
(Refrain)
Cuando haya pasado tiempo ¡Válgame Dios!
De que estemos casaditos Pues sí señor,
Lo menos tendremos siete Y que furor!
O quince guachinanguitos Allá voy yo
(Refrain)
References[edit]
La Paloma Slot Machine Machines
- ^'American song with piano accompaniment' (James J. Fuld, The Book of World-famous Music. Classical, Popular, and Folk (Fifth edition revised and enlarged), New York, Dover Publications, 2000, p. 420, ISBN0-486-41475-2).
- ^Gross, Thomas (5 July 2008). 'Heimweh für alle'. Die Zeit (in German). Retrieved 25 April 2019.
- ^Pankraz, Marcel Proust und das ewige Lied 'La Paloma' (German) Archived 2005-02-19 at the Wayback Machine
- ^'La Paloma, das Seemannslied' [the seafarer's song], esys.org (in German)
- ^'Don Robertson : Writing For The King'. elvis.com.au. July 17, 2008.
- ^'Video Event 2004'. Archived from the original on 2007-08-15. Retrieved 2006-05-22.
- ^'At the 86th Street Casino' by H. T. S. (Harry T. Smith), review of movie La Paloma (1938), The New York Times, 21 October 1936
- ^La Paloma. Sehnsucht. Weltweit (2008) on IMDb
Literature[edit]
- Rüdiger Bloemeke: La Paloma – Das Jahrhundert-Lied, Voodoo Verlag 2005, ISBN3000155864
- Sigrid Faltin / Andreas Schäfler: La Paloma – das Lied, Marebuch Verlag 2008, ISBN3866480881
External links[edit]
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