is the president that he'd suffered from not getting the notice that well this explicitly explicitly says he has to have so yes someone can play the consent if i say if i'm told hey if you're here with this court here today you're could you have raised one fifty seven b five issue now under bankruptcy rule three thousand and eight for a motion on a motion for reconsideration oh we i did you ever argue to the bankruptcy court that they lack already to which you took a consumer no one argued that the bankruptcy quote the decision that says that you had to have the prerequisite is notice and that's twenty fourteen percent was that after that the claim was made the plate was made in two thousand and nine as it took him but took an all those years to find someone who could at least try to bring this claim and mr shawn also tyler let me let me begin with that one of your questions in terms of the timing and how this right it's important to note that the objection to the proof of claim wasn't filed and everything was done in a timely fashion but the tribune decided separately from the arm from the constitutional claim that was decided and there are the court said it's not a such and such arguments are not jurisdictional and it's not just it's not a question of consent it's a question waiver if you don't assert the right you've wasted and that's what we have here that's all we have the kind of claim at issue that creates constitutional waiver concerns where you have more complicated correct that's that's that's the simple argument and on that basis are wrong you could resolve the jurisdictional issue here but even if you don't resolve it on that basis then you have the problem of waiver and again i'm going to i want to emphasize that this is waiver under str here i don't think you get anywhere near that but i think that read the better secret tells you submit what you've got tell me tell me what you state your case is i'm going to decide whether or not this case requires a trial question of allowance or disallowance of a claim that was filed in the bankruptcy proceeding so put that aside as for knowing and voluntary right it would mean i think under these circumstances it would mean at least what we have here where the claim lose and then after in the bankruptcy court and then after the fact tell the bankruptcy court that you're playing the rug out from under it you know that just streets where the vision is kind of a dry run mica a free bite at the apple and with patients and function two thousand and two neither of them have any suggestion of racial overtones and in fact if you look at the supplemental declaration by mr genie in the record it saw a one ninety nine a two about are two o way he goes through that in specific detail in response to the supplemental submission that was provided out where these kinds of assertions were made and he goes through when he explains that the  did not have any racial indications or any suggestion of racial hostility and so there wasn't and there was certainly no notice that what mr young alleges happened was coming and on the on the merits this judgment and defending the judgment take take even those allegations it's true again the fact that there might have been problems that he might have been an irritable sort of person who sees it's easy to get on his wrong side or that he he can be he can be  y even if that's true i don't see how that provides any basis for a racial discrimination playing either wrongful termination or hostile environment claim at issue here and those are the those are the claims at issue here you know we supervisor in in front of other black employees with the threat of firing him this is just nothing like that and it and again the fact that we had that station had a  d eyebrow raising big name they have but i don't you know there are circumstances where nazis use just to refer to the generally demanding ear of those sort of person i think the soup nazi from from the seinfeld show it's it doesn't necessarily have racial overtones and again i am not diminishing that term at just without context you can't know for sure it's kind of ambiguous and i don't think there's any suggestion that that nickname was generally known to the station or or that there was a basis in the record to support the suggestion that it was me used in a specific really deeply offensive racial thank you the scrooge a surprising amount of interest in this case they interviewed the president people up to the phone calls multiple statements there's a lot there's a further big record it's all it's all in the