berg steen on the jurisdictional issues so i will be addressing those as well with the court's permission i think the court has before it's an interesting issue of bankruptcy jurisdiction as well as bankruptcy procedure involving a non getter subsidiary was not in bankruptcy has never been in bankruptcy yet the was the membership interest in pen g i was the asset but the bankruptcy court did not have jurisdiction over the internal affairs  look to thirteen thirty four total twenty eight the bankruptcy court has jurisdiction over matters arising in arising under or related to the bankruptcy case this is related so the membership interests yes we are in both situations as the declaration of mr tudor explained he personally guaranteed a loan which pangea obtained from business first bank to the tune of two hundred million position of the prior lender which coupled with another seven hundred seven point five million dollars loan third party loan had ten million dollars of liability against so the question that needs to be asked i'm moving on to the to the b have the prospect of having more than ten million dollars of assets which could then be upstream to the parent company r two d two and there was never any attempt at any point in time to make as i understand it the only way he was going to find out what was the actual condition of this company and what it could pay or couldn't paint was to take take it over and bring it into a bankruptcy and have everything right i don't know if that's the case should i have this is the white board sketch i didn't buy that with me today he listed pangea on this board i wasn't there i don't know what was said i don't know what was in the mind of the people there he didn't list all the sixty five subsidiar day and if it goes to the trustee then those rights will not be marketed and stored in a way i need them to do is to relieve me of my personal responsibility trustees are told by the u s trustee not to administer fully  increased by virtue of bankruptcy filing that's our our expectation of what will happen because he will not honor the secured creditors rights in the same fashion in order to get money and the priests were kind of passing the night because the main argument form a shooter was the one that he said today which was that because of the ten million dollars security janet i gather it was really nothing that was  but there are no what would there be no reason if his premises were right there might be no reason except for one and here's the here's here's the by the bankruptcy the titian pain jail was presented as this company that was suffering millions of dollars of damages that should be bonded and then when the trustee came in to say well i want to exercise control over paint junior we get to the hearing on november thirtieth two thousand and eleven in front of judge russell and judge russell is told it only has this company only has one asset that's it that's this kevin spacey movie and such russell said true counsel has just spoken how does that square with statements that were previously made to me and the answer was i'm aware of those statements i can't explain it and one of the things that the trustee put in evidence was this cab log pangea media group catalog with hundreds of motions of pictures in it and and at the same time judge russell's being told there's no motion pangea is owned by r two d two in fact he draws a chart that affirmatively misrepresents that r two d two has any connection with pangea he then provides a tax return with a list of subsidiaries the subsidiaries don't include share then what he wants to get a bond posted by the involuntary petitioners in an effort to make them drop the involuntary petition he comes into court and says pan shares suffering millions of dollars of damages that's in the july october two thousand and ten period the bankruptcy judge doesn't order the bond and after that person goes back to filing bankruptcy schedules in may of your one additional advantage of one of the things that is said is that dump you should have served rule two thousand and four subpoena to get these records and the record reflects there were multiple rule two thousand and four orders requiring pensioner records and as we pointed out and as judge russell pointed out if mr durkin became the control person then under applicable law recognized in bankruptcy cases can have authority to go beyond the court the authorization as well and the response to that argument your honor is the only thing that the bankruptcy court was doing was even the trustee authority to vote stuff that that is three sixty three b the bankruptcy the court can authorize you to use property out the ordinary course of business and adopting resolutions by voting membership interest is using property he has stayed out of the ordinary we hope that that's not the case and certainly when trustees get authority to sell something for example which is another use a property on the ordinary course of business they don't just go into court and say your honor can i sell this what i do is they say can i sell this membership interest when it's can we have the can we have authority vote this membership interest to do these things particularly where the people opposing it have are on record they're going to sue us and i so so i don't think claim of privilege that privilege can't be exercised once mr burstein is out of there and i want to emphasize one last thing is my seconds tick away on this which is exhibit twenty six third parties for these agreements could not possibly have anything to do with the alleged debtors current assets this statement was made by the gentleman who ultimately produced the pain j operating agreement showing exactly the opposite to issue its decision because we've been told we're going to be sued the second we try to do something and they're taking their appeal so this is we're waiting for this court's was the border state what it was not status haven't moved we just have not moved on it we have not moved on to because we've been told we will be sued and our and order authorizing the use of property under three sixty three of the bankruptcy code does not become  under three sixty three am unlike a sale or on a sale order the appeal becomes move on hugh says a property three sixty three m doesn't make it move so we could do stuff get sued and your honour's you know two years after this all came he has not been removed nor have privileged documents been turned over assets they're not sometimes it's exactly the kind of thing a bankruptcy trustee should be dealing with because there were assets there once and they're not there now sometimes get subordinated or disallowed in a bankruptcy case and since mr tutor's counsel was the one who told us early on in this exhibit twenty six that the operating agreement pin jail wasn't something that you even reflected truth yes yes that's what i meant to the trustee sent discovery to mr tudor asked mr tutor and cells to produce all of your documents laying depends they want turned over without any assertion a privilege there were no documents showing an traceable they have been traced and throughout the bankruptcy court proceedings the bankruptcy court has acknowledged who owns them there's no dispute about that when i could find that there was no document there just  crossed that line to get into the internal affairs as that was an issue that the court did not have a private right which the bankruptcy court did not have jurisdiction it was beyond the scope of bankruptcy court jurisdiction  because the trust you need to make a showing that there was ten million dollars in assets so from a constitutional standpoint the bankruptcy court couldn't cross that line to get into the internal affairs of penzias this court and i know my time is up and i apologize this court none of the petitioning creditors have a claim against pangea the creditors for panthea there's four of them and the record five oppositions to the trustees actions they all in the sense in the s s and