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The Birth Certificate defined in Black’s 5:

Instrument: A written document, a formal or legal document in writing, such as a contract, deed, will, bond or lease. A negotiable instrument (defined in U.C.C. Section 3-104), or a security (defined in UCC Sect. 8—102) or any other writing which evidences a right to the payment of money and is not itself a security agreement or lease and is of a type which is in ordinary course of business transferred by delivery with any necessary indorsement or assignment. U.C.C. Section 9-105(1).

The birth certificate is an instrument.

Will: n. Wish, desire, pleasure, inclination, choice, the faculty of conscious, and especially of deliberate action. When a person expresses his “will” that a particular disposition be made of his property, his words are words of command, and the word “will” as so used is mandatory, comprehensive, and dispositive in nature. A “will” is generally defined as an instrument by which a person makes a disposition of his property, to take effect after his death, and which by his own nature is ambulatory and revocable during his life-time.

The Federal Judicial Center:

Video for Judges, Law Clerks and Bankruptcy Personnel on the Bankruptcy and Revised Article 9 put on by The Federal Justice Center on the Federal Judicial Television Network in Washington, D.C.:

KW: We know the B.C. is an instrument, a bond, a deed, bill, contract, or a lease. We’ll find out exactly what it is. We will go to or a lease. We’ll find out exactly what it is. We will go to a video:

Bruce Markell: a relevant factor would be the search logic of the Secretary of State or whoever accepts filings will be,

Prof. Rusch: it raises the stakes and getting the correct legal name of a registered organization would be …

Narrator: she is talking about is perfecting a security interest and proper filing process for UCC1. but listen to what she says in talking about the legal name: it raises the stakes and getting correct legal name of a registered organization which is another new term which means a registered organization is an organization where the state maintains a public record of an organization’s name, or must maintain a public record of the organization’s name showing that it existed.

Bruce Markell: for instance the state issues a birth certificate.

KW: the woman is talking about getting the correct legal name of a registered organization which is an organization where the state must maintain a record of the organization’s name showing that it exists. She is talking about the legal name, the ALL CAPS name, the Strawman. It would be an organization registered under the laws of the state.

Markell says, yes, the state issues a birth certificate.

KW: when the woman is talking about the organization and it must have a registered name, then Markell brings up the birth certificate which is record showing an organization was organized and it exists and it is not an individual.

Changes on Article 9. the UCC

David Lander, Thompson Coburn, L.L.P. This month a quiet but crucial change took place in the practice of bankruptcy law. Revised Article 9 of the UCC which governs security interests and personal property became the law in all 50 states although a few of those states are postponing implementation. With that change many of rules concerning creation, perfection and enforcement of security interests have also changed. What you need to know about those changes and how they are going to affect your work is the subject of this program. Here to help you sort through the complications of the new law are 4 of the nation’s experts on the subject.

William Hillman, Chief Bankruptcy Judge, Dist. Of Mass. Who was one of the drafters of the revisions?

Also on the panel: Prof. Bruce Markell, William S. Boyd School of Law, Las Vegas, NNLV—deposit accounts, including priority issues and a bit about the consumer changes.

Prof. Linda Rusch, Hamline University School of Law in St. Paul, Minn. will discuss perfection with an emphasis on filing.

Edwin E. Smith, Esq. of Bingham Dana L. L. P. in Boston, Mass., will cover transition issues.

David: Judge Hillman, you were on the drafting committee and you have been working on the revision for almost 10 years. We know it is far longer and more complicated than old Article 9. Would you give us an overview and highlights of Article 9?

KW: they are saying that this is the law that governs security interests and that would be collateral and things of that nature in transactions and article 9 governs that transaction. Pay attention when he talks about the speech he gave.

Also on the panel: Prof. Bruce Markell, William S. Boyd School of Law, Las Vegas, NNLV—deposit accounts, priority issues and

Judge Hillman: “126 sections instead of 55 and you have to learn all new numbers. I spoke on the UCC at a gathering sometime shortly after law school. I gave my speech. After the speech an old judge stood up and said, “You people have repealed everything I know.”

KW: I hope you understand what he just said. He is saying that the UCC was soon to be in effect in that state and he gave a speech to the local bar lawyers and judges. Is that because it all became the UCC? Could be. It overtook anything to do with commerce and governing security interest in personal property and other property. Listen to the judge and what he says about the trustee. He is talking about YOU and depriving YOU of your property. Listen to what he says about a commercial tort claim.

Judge Hillman: Commercial tort claims have been brought into Article 9 to a limited extent. If a commercial tort claim arises out of the borrower’s business or profession except after an acquired tort claims, which don’t come in, and claims arising out of personal injury which also don’t come in, this inclusion will make it possible for the injured party who holds such a commercial tort claim to borrow against it, perhaps securitize it. I’m not so sure where it’s going to go, but it’s an interesting concept to consider.

David: one commenter has said that the revised article 9 is mostly to make sure there are no unencumbered assets in a chapter 11 case. There are no section 544 recoveries in a chapter 7 case. What do you think about that statement?

KW: when they drafted the article 9 UCC code in 2001, they no longer wanted certain property to be protected in a bankruptcy and to be encumbered; they wanted all things unencumbered.

Judge Hillman: No one can deny that there was a strong feeling among those representing secured creditors who were active in the drafting process that trustees should be deprived of assets. But I think when you come down to the bottom line….

KW: no one could deny that the representatives, those working on behalf of the secured creditors in the drafting of the UCC …right there it is telling you that the secured creditors wrote that law and they felt that trustees should be deprived of certain assets and you hear them all giggle and laugh. He is actually saying that your home, your assets should be stripped from you and you should be deprived of your home, your car, your accounts and this is what is going down. These lawyers know what is going on. He is saying the trustee which is you, should be deprived of assets. That is what I want to cover here.

KW: let’s talk about the registered organization and article 9:

Registered organization under the UCC means an organization organized solely under the law of a single State or the United States and as to which the State or the United States must maintain a public record showing the organization to have been organized.

That is what Prof. Rausch was talking about on the video.

Organization: an organization means a person other than an individual.

Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency or instrumentality, public corporation or any other legal or commercial entity.

KW: you should read the definition above as a government subdivision, government agency, or a governmental agency, governmental instrumentality or any other legal or commercial entity. That will come into play; the entity is that fictional thing.

Security interest: interest in personal property or fixtures which secures payment or performance of an obligation. “Security interest” includes any interest of a consignor and a buyer of accounts, chattel paper, a payment intangible, or a promissory note in a transaction that is subject to Article 9. “Security interest” does not include the special property interest of a buyer of goods on identification of those goods to a contract for sale under Section 2-505, the right of a seller or lessor of goods under Article 2 or 2A to retain or acquire possession of the goods is not a “security interest”, but a seller or lessor may also acquire a “security interest” by complying with Article 9. The retention or reservation of title by a seller of goods notwithstanding shipment or delivery to the buyer, under Section 2-401 is limited in effect to a reservation of a “security interest” whether a transaction in the form of a lease creates a “security interest” as determined pursuant to Section 1-203.

Secured party means: (A) a person in whose favor a security interest is created or provided for under a security agreement whether or not any obligation to be secured is outstanding. (B) a person that holds an agricultural lien. (C) a consignor. (D) a person to which accounts, chattel paper, payment intangibles or promissory notes have been sold. (E) a trustee, indenture trustee, agent, collateral agent or other representative in whose favor a security interest or agricultural lien is created or provided for or (F) a person that holds a security interest arising under Section 2-401, 2-505, 2-711 (3) 2A)508 (5), 4-210 or 5-118.

KW: we all want secured party status. What is the nationality of that ‘thing” KRS 213.01 has definitions for chapter.

File means the presentation of a vital record provided for in this chapter for registration by the Vital Statistics Branch.

Registration means the acceptance by the Vital statistics Branch and the incorporation of vital records provided for in this chapter into its official records.

KW: so we have the file which is a presentation and the registration which is an acceptance.

213.046 Registry of births required—establishment of paternity—duties of institution and cabinet—contents of birth certificate.

KW: acceptance of the presentation is required.

213.046 Registration of births required—Establishment of paternity—Duties of institution and cabinet—Contents of birth certificate

Certificate of birth for each live birth which occurs in the Commonwealth shall be filed with the local registrar within ten (10) days after such birth and shall be registered if it has been completed and filed in accordance with this section. All certificates shall be typewritten. No certificate shall be held to be complete and correct that does not supply all items of information called for in this section and in KRS 213.051 or satisfactorily account for their omission except as provided in KRS 199.570(3). If a certificate of birth is incomplete, the local registrar shall immediately notify the responsible person and require that person to supply the missing items, if that information can be obtained.

213.051 Contents of birth certificate.

(1) The person who assumes the custody of a live-born infant of unknown parentage shall report on a form and in a manner prescribed by the state registrar within ten (10) days to the Cabinet for Health and Family Services the following information:

(a) The date and place of finding:

(b) Sex, color or race, and approximate birth date of child;

(c) Name and address of the person or institution with which the child has been placed for are;

(d) Name given to the child by the custodian of the child; and

(e) Other data as required by the state registrar to complete a birth certificate.

(2) The place where the child was found shall be entered as the place of birth.

(3) A report registered under this section shall constitute the certificate of birth for the child.

(4) If the child is identified and a certificate of birth is found or obtained, the report registered under this section shall be placed in a special file and shall not be subject to inspection except upon order of a Circuit Court.

Effective: June 20, 2005

US Code:

8 USC §1401-Nationals and citizens of United States at birth

(f) a person of unknown parentage found in the United States while under the age of five years, until shown, prior to his attaining the age of twenty-one years, not to have been born in the United States.

KW: now look at the definition of illegitimate children; they are considered persons under equal protection of the law under the 14th amendment. Now we have the birth certificate; it stands to reason that someone claimed to have found an infant of unknown parentage and this is what created the trust, the organization, legally speaking. Illegitimate children are children of the ‘people’ and have no parents. If you look up ‘parent’ it says: the agency or organization with which the child has been placed for care.

KRS 386A:

KW: when they riled the information it created a statutory trust and the estate of the child was probated. In a future video I will tell you where the accounts come from the probate court as the trustees are allowed to issue securities against the trust property which is the infant’s body and his human capital; he is considered capital goods used in the production of other goods and services. Look at Governing instruments. That is what the birth certificate is.

386A.1-030 Governing instrument

1) Except as otherwise provided in KRS 386A.1-040(2), the governing instrument governs:

a) The management, affairs, and conduct of the business of a statutory trust, and

b) The rights, interests, duties, obligations, and powers of, and the relations among, the trustees, the beneficial owners, the statutory trust, and other persons.

2) To the extent the governing instrument does not otherwise provide for a matter described in subsection (1) of this section, this chapter governs the matter.

3) The governing instrument may include one (1) or more instruments, agreements, declarations, bylaws, or other records and refer to or incorporate any record.

4) Subject to KRS 386A.1-040(2), without limiting the terms that may be included in a governing instrument, the governing instrument may:

a) Provide the means by which beneficial ownership is determined and evidenced;

b) Limit a beneficial owner’s right to transfer a beneficial interest;

c) © provide for one (1) or more series under Subchapter 4 of this chapter;

KW: the BC is the governing instrument; if you know anything about agency you have an estate in the organization, the trust. You are beneficial owner and that is why you were given a certificate; but if you use it, then you become a co-trustee. This is what controls it’ the entity is created and it’s on file.

020 Authorized investments of trust funds-Fiduciary to account for profits.

KW: this governs what the trustees can invest the securities in. Since you are considered a citizen of the United States which is located in the District of Columbia and you can see Article 9 -307, location of debtor.

If you want to do business in KY you have to follow the rules of the Business Entity Filing Act, Chapter 14A. I can show you the mandatory rules and the other things required for a trust to do business in KY. They have to comply with the regulations in 14A. It’s a legal commercial entity and the legal name of the organization is your ALL CAPS NAME.

KW: now that we know that that it’s a registered organization, then what is your relationship to it? Let the judge tell us what he thinks in KY. They have to comply with the regulations in 14A. It’s a legal commercial entity and the legal name of the organization is your ALL CAPS NAME.

KW: now that we know that that it’s a registered organization, then what is your relationship to it? Let the judge tell us what he thinks this guy’s relationship to that entity is.

Judge: sir are you here on behalf of Mr. Thompson?

Man: I said I was the administrator on that account. (cops are close and Man asks them to move back).

Judge: are you here as agent for him?

Man: I’m not his agent; I’m his administrator, much like you are administrator of this court.

Judge: sir, you are either him or you are here as his agent.

KW: so did you hear the judge? He said, you are either him or you are his agent. That is exactly right. I know that because of the court papers I have regarding operating a state agency. The judge put in the paperwork that I was found guilty of operating a state agency and that was the BC. That is confirmed through my local county clerk of courts who verified it is an agency. The bailiff of the court who was the county sheriff also confirmed that you me. When we say agency we can also say trust because the agency is a fiduciary relationship and so is a trust. When you get your BC and apply for an operator’s license at MVD you are saying that you have proof that this is proof that this public organization was organized and you are applying to the state to operate that entity. That is why you can hardly do business without your IDs because nobody is doing business unless they are insured; that is where social security insurance comes from and that is your backing.

KW: since you are of unknown parentage your nationality is in the United States which is located in the District of Columbia. You are actually considered a citizen/national of the District of Columbia which is a state. Now you go to KY, CA, and TX and take that BC down so you are applying for authority and license to operate that entity within the state and you become the registered agent for service of process and your residence becomes your registered office. Being the registered agent for the registered organization and residing at the registered office puts you in commercial territory, interstate commerce. Under interstate commerce Congress has the exclusive jurisdiction to regulate commerce and to legislate over the District of Columbia and its citizens and nationals. Since we are considered of unknown parentage that automatically made you a pauper because you didn’t have a person. A man’s person is inherited. My person is my father’s person, is his father’s person, and is his father’s person. By person I mean the estate because without the estate there really is not a person.

37:38.

KW: so when you get pulled over they are actually telling you that you are operating an agency. You can find that in KRS 189: this is what you get a ticket for regarding traffic regulations. Definitions under 189:

(19) (a) “Vehicle” includes:

1. All agencies for the transportation of persons or property over or upon the public highways of the Commonwealth; and

2. All vehicles passing over or upon the highways.

(b) “Motor vehicle: includes all vehicles, as defined in paragraph (a) of this subsection except:

1. Road rollers;

2. Road graders;

3. Farm tractors;

4. Vehicles on which power shovels are mounted;

5. Construction equipment customarily used only on the site of construction and which is not practical for the transportation of persons or property upon the highways;

6. Vehicles that travel exclusively upon rails;

7. Vehicles propelled by electric power obtained from overhead wires while being operated within any municipality or where the vehicles

KW: so a motor vehicle and a vehicle are agencies.

KW: 186.010 Definitions: (the statutes only give you clues and evidence: KW)

92)”Highway” means every way or place of whatever nature when any part of it is open to the use of the public, as a matter of right, license, or privilege, for the purpose of vehicular traffic.

KW: so are you traveling on the highway as a matter of right, license or privilege for the purpose of vehicular traffic? So, when we talk about the commerce as long as you are not operating the agency it appears to me you can do commerce without a license.

KW: each entity and each foreign entity and your strawman is the foreign entity, because he is a creation of the US is covered here:

14A.4-010 Registered office and registered agent required.

1) Each entity and each foreign entity qualified to transact business in this Commonwealth shall continuously maintain in this Commonwealth:

a) A registered office that may be the same as any of its places of business; and

b) A registered agent who may be:

1. An individual who resides in this Commonwealth and whose business address is identical with the registered office; or

2. An entity or foreign entity qualified to transact business in this Commonwealth whose business address is identical with the registered office.

2) Unless the registered agent signs the document making the appointment, the appointment of the registered agent or a successor agent on whom process may be given is not effective until the agent delivers a statement in writing to the Secretary of State accepting the appointment.

3) Each entity and each foreign entity maintaining a registered office and agent in this Commonwealth shall provide to its registered agent and update from time to time as necessary the name, business address, and business telephone number of a natural person who is authorized to receive communications from the registered agent. Such person shall be deemed the communications contact for the entity or foreign entity. Every registered agent shall retain in paper or electronic form the information concerning the current communications contact for each entity and each foreign entity for which that registered agent serves as registered agent. IF the entity or foreign entity fails to provide the registered agent with a current communications contact, the registered agent may resign as the registered agent for such entity or foreign entity.

4) This section shall not apply to a domestic or foreign partnership that is not a limited liability partnership.

5) This section shall not apply to a limited partnership governed as to its internal affairs by the Kentucky Uniform Limited Partnership Act, KRS 362.410 to 362.700.

6) This section shall not apply to a rural electric cooperative or to a foreign rural electric cooperative that is not required to qualify to transact business by means of a filing with the Secretary of State.

7) This section shall not apply to a rural telephone cooperative or to a foreign rural telephone cooperative that is not required to qualify to transact business by means of a filing with the Secretary of State.

Effective: January 1, 2011

History: Created 2010 Ky. Acts ch. 151. sec. 28, effective January 1, 2011.

Legislative Research Commission Note (1/1/2011), 2010 Ky. Acts ch 151, Sec 28(5) cites the Kentucky Uniform Limited Partnership Act. KRS 3672.410 to 362.700. These sections were repealed in 1988 Ky. Acts ch. 384. sec 65.

KW: Each entity and each foreign entity is where the strawman falls under in your state because he is a creation of the US and under the exclusive legislative power of congress. You become ‘qualified’ by jumping through hoops and getting licenses such as the driver’s license. A registered office is a residence. If you have dug into the deep commercial stuff talking about the district classifications of real estate you will know that a residence is a commercial place.

KW: accept service of process if you want to operate the agency. Here are the obligations of the registered agent for the entity:

14A.4-050 Obligations of registered agent.

The duties of a registered agent are to:

1) Forward to the entity or foreign entity for which it is the registered agent any service of process, notice or demand received on its behalf, and

2) Collect and maintain the information described in KRS 14A.4-010(3).

Effective: January 1, 2011

History: Created 2010 Ky. Acts ch 151. sec. 32, effective January 1, 2011

KW: your obligations as agent are to forward to the entity any service of process, notice or demand received on behalf of the entity. Where do we send it? That is where Article 9 307 comes in because the location of the debtor often tells you the location of the principal. In that article it says that an organization that has more than one place of business is located in at its chief executive office. Now, we know that there are securities being traded on the stock market and mutual funds. You did not issue those securities so now we have an organization and it has more than one place of business. An organization with more than one place of business is located at the chief executive office. You can read article 9-307 for confirmation on that.

KW: if you want to quit here is how you do it:

14A.4-030 Resignation of registered agent.

1) A registered agent may resign the appointment by signing and delivering a statement of resignation to the Secretary of State for filing that may also provide that the registered office is discontinued.

2) After filing the statement, the Secretary of State shall mail one (1) copy to the registered office, if not discontinued, and the other copy to the entity or foreign entity at its principal office.

3) The agency appointment shall be terminated and the registered office discontinued, if so provided on the earlier of:

a) The appointment of a successor registered agent and, if applicable, registered office; or

b) The thirty-first day after the date on which the statement of resignation was filed.

Effective: January 1, 2011

` History: Created 2010 Ky. Acts ch 151, sec. 30, effective January 1, 2011.

KW: when you move they want to know where the registered agent’s change of address is:

1) An entity or foreign entity may change its registered office or registered agent or both by delivering a statement of change to the Secretary of State for filing that sets forth:

a) The name of the entity or foreign entity;

b) The street address of its current registered office;

c) If the current registered office is to be changed, the street address of the new registered office;

d) The name of its current registered agent;

e) If the current registered agent is to be changed, the name of the new registered agent and the new agent’s written consent to the appointment; and

f) That after the change or changes are made, the street addresses of the registered office and the business office of its registered agent will be identical.

2) if a registered agent changes its business address, it shall change the street address of the registered office of any entity or foreign entity for which it is the registered agent by notifying the entity or foreign entity in writing of the change and signing and delivery to the Secretary of State a statement that complies with the requirements of subsection (1) of this section and reciting that the entity or foreign entity…..

KW: now I want to talk about remedy: File a UCC1 lien; file an agent’s lien via the UCC1. Under organization type under debtor “Registered Organization.” For you name you use your individual name with proper spelling. I would just use my first and family name, the Christian name and surname and no middle initials. Then I would list all commercial and industrial machinery equipment as the property. And, everything else you own. As agent you could file a lien on all the property you possess that belongs to the agency and you can hold it until the principal pays the bill. Once you have the Agent’s Lien, then you send a letter to the SOS telling her you are resigning the appointment of agent and discontinuing the office and if you do that they will send a letter that it is duly discontinued and now you do not have to accept service of process for that entity. Now you would be living in ‘common law’ jurisdiction but you would greatly suffer as far as doing business within the commonwealth. That Strawman does have its uses. And, it may well in fact be your friend.

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The following is separate from the you-tube information:

The Bankruptcy Trust as a Legal Person Thomas E. Plank

University of Tennessee College of Law

Wake Forest Law Review, Vol. 35, Issue 2, Summer 2000

Abstract:

The purpose of this article is to show how the Bankruptcy Code authorizes the creation of the bankruptcy trust as a legal person. The filing of a petition under the Bankruptcy Code creates an "estate" consisting of enumerated property interests. The Code also provides for the appointment of a trustee-a separate bankruptcy trustee or, in chapter 11 or chapter 12 cases, the debtor in possession-with broad powers to act as the representative of the estate. The Code does not, however, expressly define the status of the estate as a legal entity. Although the Code occasionally speaks of the estate as though it were a legal person, it explicitly defines the estate as a corpus of property interests. Nevertheless, many courts and scholars have characterized the estate as a separate entity or legal person. Other courts and one scholar, however, have rejected the characterization of the estate as a separate entity or legal person.

The conflict about the status of the estate is unnecessary. The treatment by courts and scholars of the bankruptcy estate as a separate entity reflects what is implicit in the Code: The Code provides for the creation of a separate entity-the "bankruptcy trust"-upon the entry of an order for relief. This entity has the essential attributes of an artificial legal person, such as a corporation or a partnership. More particularly, the bankruptcy trust has all of the attributes-and more-of a business trust. American law recognizes the business trust as a legal person. Accordingly, the bankruptcy trust should be recognized as a legal person. Understanding that the bankruptcy trust is a legal person answers important questions. Specifically, the bankruptcy trust is a sufficient federal entity to provide a constitutional basis, as explained by Professor Ralph Brubaker, for giving federal courts jurisdiction over bankruptcy to the same extent that federal courts may constitutionally have jurisdiction over cases involving national banks.

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