thank you don my cause is that i received a fresh start in bankruptcy in one nine hundred ninety seven almost ten years ago i asked this court to reverse the district the bankruptcy possibility that the judge would grant our motion because in essence what our claim was is that the bankruptcy judge did not have jurisdiction period and subject matter jurisdiction is an issue that can always be raised on a motion and we filed it that the district court abused his discretion in dismissing sustaining the bankruptcy court's decision to dismiss your action because you didn't file a brief on time and you didn't file the record on time and you say the week was big and the record big and those may be considerations which the trial courts have taken into account but you got a point to an abuse of discretion in and not giving additional time in that a motion for reconsideration what's pending before the court and while that motion for reconsideration was spending by the bankruptcy court was that the district judge stand him you can't file this here you have to file it in the bankruptcy court and since it's on appeal in a district court i'm not going to hear you have to for saying that the court of uses discretion and findings that your application did not contain could cause the issue was never ruled upon one zero by on the merits by the district judge well of course it was claim that this motion for reconsideration should have been filed in the bankruptcy court rather that his court you know what is before us is whether the district court abused his discretion in denying you extra time to file your opening brief yes you're on what are the grounds that you put forward for an extension of time to file the opening brief there was no abuse there was no prejudice there what the rules and the ny circuit was making a dismissal in the district court for like a district court's jurisdiction of a bankruptcy court order saying a twenty five hundred dollars fine was non dischargeable your honor i want to be clear about what on precisely signed argument in a district court was that the judgment had been released and notarized release had been provided to us in the bankruptcy court did not have jurisdiction and did not have the right to open up the case part of it you were the one who was appealing the bankruptcy court order of twenty five hundred dollars to the district court true yes your honor and you were signing the disk record didn't have jurisdiction to hear your repeal no your honor i and my argument was that the the bankruptcy court did not have jurisdiction all right fine now why did you not fire you brief timely on that issue because there was a motion for reconsideration pending and i didn't feel or believe that the court sniffle of the sign should have been filed in a district court so we filed in the district court asking the court to rule that the bankruptcy judge did not have jurisdiction over the claim because a dismissal of the judgment had already been filed in the district court before the bankruptcy court got a hold of the case was any different from your ground for appeal you call over gone your time will give me a moment i will give you a minute to keep in mind the question i just asked you what grounds were different between an appeal from the bankruptcy court order and in twenty five hundred dollars not dischargeable against you on the ground the bankruptcy court had no jurisdiction in a motion to reconsider the motion denied by the district court that the bankruptcy court had no looked at alternatives to the sanction and that i didn't see that in this case what made this delay by just a few months so egregious that dismissal which is a harsh sanction was an appropriate remedy i i don't know if i can speak for the district court your honor but the way i viewed it was that and i can clarify maybe some of the procedure old history for just as bad here is it wasn't a motion for reconsideration in the district court with mr g and he filed what he filed was a motion  vacate the bankruptcy courts judgement the court in the district court ruled that this report were all that that that motion should be brought in the trial court and and true then then they could make so find then what happened after the reading schedules was issued mr g and any then we filed a renewed motion to vacate the bankruptcy court judgment and at that time he asked for a continuance of the briefing schedule that in denying that motion the court found that he didn't comply with the local rules which would require an affidavit big explaining why you need it how many  in april april twelfth two thousand and four act this is the prior to that state bar made a motion to dismiss the appeal while the renewed motion to vacate the bankruptcy court judgment was pending both of those were pen provision is a legal question review going over what i had submitted to the district judge and i had submitted to the bankruptcy judge was that this release was a contract that released the judgment that had been  signed that mr counsel for the state bar signed out your honor it's an excerpt of record thirty eight through forty four i have a copy here if you'd like to say that copies for everyone this is what the basis of my whole claim i wouldn't be here if i didn't have filed that says all that's right total interest means there's nothing left over to collect upon that's why i'm here your honor i've been here for years on the basis of this release and this lane and socially no one was willing to look at what as it did your honor i'd like to point to the transcript it was e r one forty eight the only issue to be resolved would be whether or not the report record ation of the release of lean also plus the fact that the state bar recorded the release of lien those are the stipulated facts that will be were greeted this was a part of the record or stipulated in evidence right from the beginning w notarized document six times in the bankruptcy court and ask for a judgment on the basis of this laying release well  stipulated facts which were the first four in the news joint pretrial conference plus the fact that the state bar record of the release of lien the state bar didn't record it i recorded it i filed it in the district court i