due process of law due process requires notice and an opportunity to be heard in addition to the constitutional requirements of due process section one trial i'm sorry such an th trial of the bankruptcy co heard on june th two thousand and seventeen when the bankruptcy court abruptly and surprisingly converted the chapter eleven case to one under chapter seven the june st two thousand and seventeen scheduling order was very specific and it made no reference to the conversion issue being on the court calendar and in fact the jan th two thousand seven hundred transfer it's in the record at page and fifty three dollars reflects the court's statement regarding the issues that we're going to be on for that which were the hearing on the debtors and motion as well as the motion to limit notice on the disclosure statements are going to stay released and the status on the frank claim objection there's no reference at all to a motion to confirm or dismiss the chapter eleven however case was converted within forty eight hours of the conversion order being entered the chapter seven trustee possession of approximately seven hundred thousand dollars of cash that was in my debtor in possession and additionally so i was deprived of my property and the legitimate unsecured creditors of the estate were deprived of their right to receive payment under my one hundred percent plan that had been submitted to the  papers they do not point to anything in the record indicating that there was notice about this hearing being on a motion to convert or did they do not challenge the mandates of one thousand one hundred and twelve and they do not point to any place in the record follows under one of five a as a man one hundred and eighty six it says at the nd sentence no provision of this title as in the entire title eleven bankruptcy code providing for the raising of an issue by a party in interest shall be construed to preclude the court from sue a sponsor taking any action or making any determination necessary or appropriate to enforce or implement court orders or rules or to prevent an abuse of process or was a request for conversion  proposition outdated by the amendment that one party interested to make the motion that was corrected by one a five day amendment to in fact an oral motion would have been adequate even under that case and three i think that case both to that conversion can be without a hearing and as authority for the proposition that hearing is not required but that's not what happened here here the court did not use discretion in converting the case as the court observed an extensive amount of time in past eighteen months and the state was in worse condition than it was before now one of the questions raised by this once is was there notice that there was going to be hearing let's start with there  or convert the case for cause four separate times it was stated on the record at least two or more hearings as well now what happened here is that the order show cause hearing was initially set down a sound that was announced and then the debtor upon entering dates it will see that the order of show cause for concern the conversion and hearing conversion was not dismissed it was not this continued a matter of record it was continued and generous counsel of the rd at the time would have notice of that fact so the notice issue was a red herring here was very clear but the consequences would be about a failure to comply and here every operating report showed that this estate opt it rated as a deficiency that there was insufficient funds that mortgages had not been paid  seventy seven months including pre and post petitions for the estate was being diminished as the equity eroded and also what's happened here is that there was no delivery to confirm a plan here there was a deadline of less than thirty days left in which to confirm a plan you have to confirm the disclosure statement before you can send out the plan to the creditors and the judge trust said an immutable deadline as he put it for less than thirty days away it was an impossibility and finally what the court should note is one on the trusted in a place two and half years he sold legal liquid assets attack claims were i'm sorry proceedings you cannot unwind what he's done by hypothetically reconverted the case because you can't undo a sale you own the only are there certain actions undertaken that will provide for that and eighteen months into the case and worse condition that's simply not true either the case was a massive surplus millions of dollars it was only to about two hundred and twenty five million two hundred and fifty thousand dollars of unsecured creditors and there was millions of dollars in back within the state of the state was not by any chance being diminished regarding the four previous orders about a confirmation date those are not applicable because where the court  calendar dotted entry does not put all of the unsecured creditors on notice and i absolutely did not have noticed and i was not aware that that date was going to turn into a surprise conversion  one hundred percent plan can be confirmed all the research that i did i haven't found any instance where one hundred percent plan could not be confirmed in an individual chapter eleven every creditor was getting a zero dollars ten cents on the dollar lump sum payment that is a wild success by all measure especially with all of the difficulties i had to deal with not being able to operate as a debtor in possession up to ten months into the case burdened with excessive instance there's never been any other case that i have been engaged in any misconduct or that i have been trying to abuse the process contrary unfortunately my ex husband