nine seems to conflict with other areas of the law i know that your honour's asked us to address issues regarding our f r c p rules nineteen twenty and twenty four and one thousand being and what the findings were of the california legislature which gave rise to hear from you with whom you lose that argument guess do you have any suggestion if you were to lose that argument for how your case might be well i believe that it should be making those assumptions certainly it should be referred back to the trustee that the trustee and sassed what are the circumstances and certainly when the bankruptcy have been certainly be able to exercise his discretion gentleman's name is david gill his discretion as to no i'm sorry no no yes as to whether he wishes to go forward can certainly it's a viable claim otherwise under under applicable california law and that would that would be the argument assuming that the court does you know just find it does affirm that this was properly the bankruptcy estate which was just charged  likely said to them well it's too late because we didn't have a revival statute in effect at that point in time and then it was a discharge prior to the effective date of this revival statute but i would agree with your honor's that that's certainly the trustee should have that private of if in fact that's what the court finds that this claim that had been basically denied back in march of one thousand nine hundred four still remained a contingent one liquidated asset of the estate and of course that's the issue  inquire into ways of bringing the bankruptcy court of the banks the trustee into the case when the debtor despite notice of the standing problems waited a year and never made any attempt my client's motives or self interested amount of time to cure the problem and also to prove that the failure to name the correct party in the first instance was the result of an honest and reasonable mistake in the circumstances here were more than a it was permissible or be a congress an alternative to trying to accomplish the goal and the goal in done more in front of three appears to be for the focus of the court's attention is protecting the integrity of the courts and preventing misconduct by the conductor more so than reaching out and attempting to preserve potential claims of non parties such as creditors that would also be consistent with the hamilton cases to seventy a district court not by the bankruptcy court and that finding was affirmed by the ninth circuit there's an issue of creating a reward an unintended reward to a debtor who has not been forthcoming if the court were to reach a result of required remain and for further consideration if this case were sent back down there are three possible results of the trustee were brought in one be the trustee decides determination himself whether his claim is worthless or not but that's not really intended for this type of circumstance and the law although we've been assuming that you were very aware of this and you do have some cases  statute or whether you have any reason to believe you really have a client had i see the conclusion but i don't think you have exactly a strong clear line of authority even compels that result and sophisticated that there would be all this grand scheme and plan and that's not what happens specially with a revival statute that went into effect after all the bank of the bankruptcy had been discharged but in terms of in terms of real seventeen an not i agree with that so in response to your honor's question i think integrating the interests of the trustee with the realities of kosovo procedures section three hundred point nine the revival statute i believe does urge and compel that we were man this to the district court and then with a reference to the bankruptcy court and permit the trustee to either joint intervene or abandon and then then there is you know talk about the law versus justice then there is an opportunity for the law and the justice and justice to work because if there is a meritorious claim and in fact if all state does or dish sums to it or anything to the waltons then that can be