property the basis was twofold first the getter in connection with the bankruptcy case asserting that the property was hers at the time that the bankruptcy court allowed the chapter seven trustee to proceed with the sale of that say he said something even then slightly clever clumsy and i don't have in front of me but he didn't say that that because there everybody was confused because we're two different things going on one was the  and these are the issues why we're here today your what there was the issue with regard to the property and it's clear that there was some issue with regard to who actually helped hydel the property which i can later interview the trustee should have gotten found out what the problem was the reason why that wasn't done is during that time we were dealing with the exemption and until there was a determination as to the exemption it wasn't prudent to deal with the sale because depending on the outcome of the exemption there may not have been equity in the property for liquidation for the benefit of creditors now the first exemption  claim an exemption in that property now the next step which the bankruptcy appellate panel didn't make is that while the trustee under case law is allowed to revoke the trust and gets those powers upon the bankruptcy filing the problem is when we filed that when the bankruptcy case was filed in the property was in the name of the cinderella trust or titles healthy way we couldn't proceed with the sale and that was the october twenty eight to change that yes we do now the problem is in this particular case and this is why this is important is in this particular case the debtor interfered at every step when we didn't get the order approving the first one the debtor claimed that she was disabled we then took the position of her doctor the doctor said in her state profession she was not disabled that matter was appealed to the bankruptcy appellate panel and then the bankruptcy  affirmed the denial that exemption the other than filed an amended exemption saying she was married in the person she was married to was over sixty five years of age we objected to that exemption and the court denied our objection and said that the debtors entitled to one hundred twenty five thousand dollars option at that time we left that alone and at that point once we determined that the exemption was the hundred twenty five that is when the due diligence starts as to whether a the property he issues with title and the whether there's enough equity in the property above possible sale and that debtors exemption which was finally allowed to then determine whether there was equity for the benefit of predators if we go forward s you're correct your honor and the reason this is different is during the time we were dealing with the exemption we never dealt with the issue of title to the property we were dealing with the be the trustee of the trust but she doesn't it's not the trust that the property was actually transferred to and she never discloses for the fact that the property was transferred i need education and two years here one is i don't know how people search titles in california and alaska it's not practical to go to the clerk's office what you do is you pay a title company and they give you a title report and you can a preliminary title report without getting title insurance that's what you would do in this case is that what you do how much does that cost what we do in cases where there are no assets which until the property was sold there was we to the extent we can get a real estate agent that some trustees use in order to be the listing agent to sell the property we see if they can obtain for no cost i would obvious that i've often seen you get paid off the top right but it's more is what i'm thinking is a preliminary title report in alaska no and that's the reason that this matter has been appealed here the reason the bankruptcy upon the panels not correct is because eleven u s c five twenty two g provides that if the trustee has to recover property the debtor is no case it wasn't in the trust the actually had to commence the action against the cinderella trust to recover what's what's hard i mean revocable means i can take i gave it to you but i can take it back i gave it to the trust but i  point and this really is the reason why we're here because title was in the name of the cinderella trust on october twenty eighth the bankruptcy court didn't allow us to proceed with the sale we had to then get the property ti had done that instead you were doing all these fancy proceedings we didn't work one of the reasons we did the fancy proceedings is because the debtor was not cooperative and we had to get court authority to do it i mean it's evidenced by the fact that when the trust bankruptcy court order authorizing him to do so in approving that the so you know every step we took we kept being thwarted and because we had to recover and because we had to take those actions ordinary steps the glass case the nicer be glass case says that if we were come to that property under five twenty two g the debtor is no longer intitled so that exemption and based on that in the transcript of the bankruptcy excerpt of excerpts and i haven't been able to read everything the bankruptcy judge did the bankruptcy judge mis understand or not understand that the trust was revocable and the trust the could simply take back the property and and so if you ask me to get into two things like that as i stand here your honor i'd i don't want to say one way or another because i don't know but wh and then i would also direct your honor to tad twenty nine of appellants excerpt the record which is the october twenty eighth hearing where the court said that comfortable to clarify that there are many disgorge ms appeals coming in the future to you or to other ports there is no other issues regarding compensation for the subject attacks my blood pressure is little high it becomes life threatening that report stated it was two hundred twenty eight over one hundred weight when i asked mr friedman if i can have seven thousand dollars of before that night circuit court of appeals before i'm not a lawyer and i do not aspire to be i always think it's because i became very sick in two thousand and one they're trying to keep my bankruptcy was supposed to get done is a fresh start that he couldn't tell anybody about this transaction and the entire game like illegal back alley transfer it was a secret from everybody then my three and executed the declaration three days later