tell us what that is sure your honor i will be taking the st six minutes that i would like to address to the court if the court does not have any questions for me i have if i have one thing i have one kind of technical question i would like to ask if it is very good times i want to go ahead you said that  submitted your motion for reconsideration to the court on a certain date which has a file received stamp on it but it wasn't actually docketed for about three weeks after that in your briefing you said you were barred from the clerk's office during that period can you tell us what you providing for that or one who barred you from coming to the court i stated in my in my in my in my brief that that basically the clerk let's put it this way the clerk when i went into the courtroom she said your bar and you cannot file any document and she said that she was amid the document to the quarter and then i waited another twenty days over it maybe fifteen in reference to my residence property i believe i was removed from my residence property by the appellee the bank of new york for a court order that was issued by the henderson appeal the nd issue is regarding the court teena property basically the cocina property was transferred to a rd party by property for the current market value but i was given a higher price to make the payment and when i disagree and went ahead and  for cruised on the property and i i stop you there because i think where we need to get to is you've lost that case in the federal court and you appeal that you lost on appeal why is it that the bankruptcy court effectively reversed that outcome new york violated the automatic state and that's what i doing right or well i listed about twenty different actions your honor and the they violated the automatic state by definition i believe the bankruptcy should have stopped any action by buying the banks but they didn't they didn't  because there was no reason to dismiss the case you're wrong ok all right you're almost at six minutes do you want to keep on our green need you want to stop here i want to stop here runner and i would like to use the remaining go for the rebu the issue is whether or not the bankruptcy court abuses discretion in denying the debtors on to this reconsideration motion the trustee asserts that it did not the marriage stop you before you get to that i want to ask the no idea how that happened there was in the journal or the dinner was barred from refiling a bankruptcy proceeding so i'm not sure if there was a confusion with the clerk but ultimately the motion was filed and heard this gets to the or the bankruptcy court what paints a quickly through each subsection of sixty rolls sixty b and analyzed why if the facts did support it and primarily it is because the debtor continued to raise the same arguments that he had timing of the filing was if this had been filed when the clerk's office actually received this we'd be talking about a rule fifty nine motion right we would your honor and even under that angered however the court would have been right  reached the same result and and and here vent if we are going to go ahead and look towards the motion to dismiss i will note that the same abuse of discretion discretion standard applie whether oscar dismissal exists two of the factors that found in favor one factor it found wayne against finding a bad faith and the last was neutral again base the bankruptcy court did arguing that the motion to dismiss somehow violated his due process rights i'm an able to ascertain how that argument could even hold water he had then or he had notice of a motion to dismiss he briefed the issue he had an opportunity to argue at the oral hearing and also quite a motion for reconsideration on that same thing and then again if we are talking on what you and i discussed judge various moments ago whether the timing of the filing prejudice in him in some way ultimately he had an opportunity to be heard by or on the matters or the court not these outside matters regarding his property and was heard haven't yes thank you your honors america st credit union foreclosed on this property two different times they foreclosed the nd position st and unfortunately not  any property rights however he decided to go to the federal court for the federal district of nevada and asked the federal court for relief which he failed on he still lived in the property so america st credit union needed to go to automatic stay who we were very surprised and obviously flabbergasted and because this property hope was no longer a property belonging to mister if it grew for his entity and he no longer had an interest and the bankruptcy court to properly determine that mister figure no longer had an interest in that property and therefore it was not property of the estate and so i thought and then there's other grounds that we can go to a forum shopping and other issues but ultimately where the bankruptcy court determined that mister fisker did not have any grounds equitable or legal interest in the property  already ruled upon by of the district court and the night circuit prior to the bankruptcy and what happened with the district court in the th circuit was there was an order quiting title in favor of the bank of new york which meant that our own who was considered valid his in any of his filings i'll know he used it as a stand in his brief he did not address it in fact were my client's name or the words child support are mentioned only three times in that twenty seven explained it and i believe also that the filing of the bankruptcy date is incorrect i believe that the document that i submitted to will show that the filing is  nd property the property was had a value of two hundred and fifty six thousand therefore closed in on their nd position and then i was asked when i wanted to refinance the property i was asked to pay two hundred and fifty six thousand dollars but the property value a dot time was one hundred and thirty six thousand dollars and as you will see in my grief in your the nd i was this yes the nd mortgage and then i said went to the bank and said i want to refinance the property to the market value which was one hundred and thirty six thousand that time and they said no and they said no why is that wrongful i believe it is wrong your honor because you cannot sell it more than the market value that's my understand it share your contractually obligated to pay them more than the market value why can't they enforce that contact your honor when the property is for clones that the market value would dictate the price of the property even as it as a business matter maybe it wasn't a good idea we're asking as a legal battle why they couldn't enforce your obligation to pay them more than the market value because the property value was not got much the property is is is is in bankruptcy i believe the back of the bank of new york should have a stopped any means whatsoever as i stated in my brief in your honor and in my reply and they should have stopped and i said not been a victim because it's a bankruptcy proceeding and the bank you had already been evicted by may  is that the go back to the court stated that the order is invalid or should have been litigated because the court had made an thank you for your arguments this matter won't be submitted thank you again thank you