as the appellate can have the last word but you have to reserve time now so do you want to reserve some time out of your fifteen minutes ok new cases right now i'm just going to stop you for a minute and say it's this is the time to argue your appeal we don't usually get motions in the middle of oral argument i don't think we're prepared to rule on it so you we understand that she would like us to wait to render our decision we will consider that request but there's nothing for us to stay as i understand it because you case has been dismissed so there is no pending banquet see there's nothing we could stay in the bankruptcy world that's the world we operate in and to the extent you want bad things stayed in a state court action or something else you need to go to state court and that we don't control those course south i'm going to ask you to proceed with your argument we understand you're requesting that we hold this i don't i will talk to my colle proposed with the assistance of counsel specifically required good he make direct post petition payments on a monthly basis and under the general order in nacton by the northern district of california he was required when he chose to make those payments directly to report points along the course of those bankruptcy that he was current with those payments he didn't do that and so the trustee bought all of the as she should have in motion to dismiss the case for a lack of that evidence at the hearing on the motion to dismiss payments that he was supposed to the judge properly exercised his discretion to dismiss this case for costs mr s actually for the green bankruptcy cases in his st two and this one known of course the st two he did not file a notice of appeal from either of those those two cases are not in front of you right counsel you have a few weeks to get the current counsel and talk about what if anything you can do through this case or not case and that wasn't that didn't happen payments were current he didn't show that he was in the process of getting new counsel he didn't offer the judge any reason to vacate his earlier dismissal of the case and while my heart is sad for mr survival based on the issues that are poor of this court it was properly dismissed it was well within the bankruptcy court discretion of the bankruptcy court applied the proper legal standard he he did not misconstrue any facts he ruled today to the bankruptcy court any enter any that he might want this particular case wasn't offering mr sabai a much protection because there was no automatic save the item it was not extended this was mr sabai owes their bankruptcy case and he told mr sabai oh he might want to consider filing a different case i don't think that he specified a chapter oh well they actually did discuss on the record issues which were with chapter thirteen and that the only other one available was chapter eleven now at that point in time we didn't have i business bankruptcy wasn't available it is now but it was not at that particular time so he didn't try his hardest to explain to mr some bio what he what his options might be and to really you sort of help him as much as the judge can help someone he couldn't be mr symbiotes advocate and i tell him what to do all he could do was to you know say what chapters were available and then  indicated and i just want to address those very briefly but he felt like a trustee didn't protect him in this process and i just want to emphasize that i've been the trustee did exactly what she was supposed to in this case she has a duty to monitor cases and when it's not being performed to bring a motion to dismiss that but for the judge to take that under consideration and that's what she did and again mr sabai ohad counsel the trustee couldn't ethically work with mr so bio outside of that so the trustee really administered this case just as she would any other chapter thirteen case and did nothing that was out of here  what happened legally was with your name the bankruptcy courts discretion and that's the issue that's before the three of you today any question have seven minutes and eleven seconds so you may give us some additional points i'll just start out by saying that one of the points here is even though you have three judges here today we're all wearing black robes we're limited in what we can do by rules and one of those rules is we are very limited by the particular issue that you timely placed in front of us so you're asking us to correct a number of things and that is she said if we can do it under the law and i just need to know that what we're going to be considering is this narrow appeal which was from the reconsideration order actually so there was a dismissal and then there was a subsequent request to vacate the dismiss l and the judge denied that and you appealed for that so that's really what i call it my rage of emotion and i think people tend to think that just because there are judges we can do whatever we want  can't and i families will tell us that the law will tell us that any number of people will tell us that so i need you to understand that in deciding how to use your last few minutes so you may proceed your ability to move forward five minutes after you get off this call and to consider a new case so we can not do very much about what happened in the past perhaps you may be able to move forward with a new case there is no constraint placed on your ability to file that new kind of bankruptcy at least in terms of what this panel has done and will do and at least from the record we have in this case the judge didn't put any constraints on you so keep that in mind again we are limited in what we can do we can only look at one order and decide what happened whether it was right or wrong you have much more power to affect your life from this point  best all right well we hope we hope things go well for you and again consider what whatever we said and consider that you have more control than i think maybe you think you have  and so with that i want to thank you for your submission to the court thank counsel for her argument this will be taken under submission and will issue a decision soon and we are now going to be in recess the judges