the court john early for the talents i will be delivering the recitation for the first six minutes and then i will reserve four minutes for rebuttal by the shell spiritual  others this is a case that involves a number of substantial and i think in arresting jurisdictional issues particularly with respect to the development of the law from the united states supreme court in the last several years the trustee the pallies said claimed that somehow the filing of the lawsuit in california versus united states somehow violated the barton doctrine and or the stay of section three sixty two and they base that on only information that they say is contained in the prayer of the complaint now when i was in law school i recall very vividly that i was instructed that there was a big difference between the complaint and the prayer of the complaint just as a baseline issue they're saying that everything here that involves what was your recognizing that we have here a two party case which is something that's been obfuscated by the trustee in his proceedings we have a place where there is only one remaining claim which is highly questionable therefore it's highly questionable whether the case should be in bankruptcy court at all i mean is there sufficient commerce clause justification for the application of bankruptcy law under those circumstances to maintain a two party case now when you take a look at that with respect to all of them you say to yourself oh no wait a minute if justice kennedy is just questioning the jurisdiction where the existence of the jurisdiction of the bankruptcy court is sufficient to invoke principles of the barton doctrine and a be an extraordinary case in the sense that it talks about rights that existed even before the ratification of the constitution with respect to the states and the federal government i have never seen a case issue of questioning the jurisdiction of the bankruptcy case in a variety of areas we see that first there is a question as to the constitutionality of the existence of the bankruptcy case the fact that it is a true party case the fact that that claims of the nature of the ones that we brought up whether the court respects them or not our claims that should and must be heard in article three court for instance eleven u s c section one fifty seventy five indicates that all cases involving personal injury are cases that should be brought in the district court and there have also been also considered the home form court so you wouldn't be filing a case if you found a case someplace let's say in a rasta involving a trustee i case in california then there might be the potential issue as to a case being filed in a foreign court in our twenty eight ga letter which was filed with this court we discussed a case in title in re crown court makes clear that where the purpose of a contempt sanction is to compensate for damages resulting from the violation of an order the sanctions or other attorney's fees and costs are specifically recognized by cases as  and basically what this boils down to i believe is extortion i've been told if you want to get rid of this case give us one hundred thousand dollars we have a trustee here who started to solve an estate and enough money to pay the claim refuses or things ignorance to court would be the foreign port and it would have jurisdiction we did not find them were claiming a civil case that they are intentionally going keep in this case spoken for the benefit of one unscrupulous lawyer who's now been disbarred for microbiology actions  come that is my childhood i am thirty three years old i should be allowed to my mother should be allowed to rest in peace unlike any other vagrant person is me and state she is paid every creditor in full and it's absurd she's being held a hostage by the way this case this actually and no one wants a determination as to whether it's child support or not doesn't matter if my mother pledged that it's a constructive trust it was very clear that you cannot eliminate or you know i mean you cannot sell or conveyed child support because it's in trust copy before we even serve them and since three days we had a barrage of litigation going and all we want is out of the case we just want out i want my mother to be able to die not a bankrupt i were just discussing before with what is the government doing i certainly as an individual have lobbied the government as much as i can when i was a choice as an undergrad and lobbied worked to senator feinstein lobbied tender hatch when i was at uva talked to every professor i could about this wayside if she dies the bankrupt and these trustees need to be stopped i mean i think the issue with the unofficial versus official capacity that needs to be clarified is that if i can't figure it out and i'm reading through three annotated i'm reading the practice guides and it's i mean i calling you're wrong is american jurisprudence wrong we clearly state but you don't need leave from the bankruptcy court when you see when the unofficial capacity and the unofficial capacity is not when it has nothing to do with an act of your state i'm not referring to let's say a trustee running me over on the overboard the trustees exceeded his authority and therefore he's going to be surcharge personally but that's the confusion i think that you've got next week if you look in the briefs i'll give you the it's numbers actually well let me let me see if you look at the page numbers i think if you read all the be all over with and let me tell you something i've gotten a million e mails from people about todd nielsen the trustee from his dealings with reed slatkin and much greater bankruptcy case than this one and the allegations that we're making are not plucked from our wild imagination he has quite a reputation and the problem is is actually disfigured in this case using a shakedown some elderly people my mother and with mr gillani take over the house and you know that's really where it was down to and if we could ever get to a jury trial i think the evidence would prove toast camp was a starting hey this is now a two party dispute and as a matter of law you have to dismiss this case we came in to look at these issues another issue was alleged by the moreno group was a piece of real as being to be used and liquidated to pay off the marina claim and other creditors was stranded with and what we needed to do at the trustee with the trustee need to do if you turn on one of these allegations are correct property if we default judgment was entered in favor of the debtors mother so taking title to that property title to that property was then transferred to the debtors d one parcel of property purchased by mr mason by the debtor and her husband that was subdivided in contemplation of this plan of reorganization the debtors house is on one property the guest house is on another property as on the if there's if there's three hundred thousand dollars in that in the plus or minus the illiad state and the claim is four hundred thousand dollars does that mean that we're only talking about one hundred thousand dollars difference here the dollars for another hundred thousand so we maybe have a two hundred thousand dollars well as the share let's assume with that number what we have here is a situation where marino and let's assume it's twenty thousand dollars it's only two hundred thousand dollars more than what's in the bank she stayed at the time there were allegations being made from two very litigious involved all sides here the trustee hires counsel say figure out what's going on and as soon as we at start asking questions we source subpoenas pursuant to the banks of course authorization of order to a realtor multiple realtors doing drive by estimates of property without seeing the inside would be approximately five hundred thousand dollars but you know the median price of a property in los angeles county is over that yeah ok go ahead father well practiced sure now this is a horrific case it goes back to ninety three my thought and actually the individual who has brain damage is actually graduate from college so you know this is a case where my father did not have a price insurance he was actually a professor at us he was a very brilliant doctor but he had a very big ego and he left the child in each level child the child was left in the hallway he didn't tell pediatrician and the child resurrected himself and suppose only had brain damage when the properly roll and saw how much money he does but he has had this thing with my father going back to the seventy's and he just felt that with my mother you know he was going to get what he wanted to get and he what he's really been trying to get is the house because the the house if you put the two lots to gether it's four acres and we're safe so i think that i think and other thing that want to point out even though it's also a case it's very interesting that they didn't want to come and take the house until after we had the allstate fire and we had  some thousand dollars my dad state this marino from what i understand and i think evidence to prove this was paid long ago she's not really a party here it's just mr sloan so that they don't want to investigate that they can that's a relative but you know we had a mediation before judge