now we have received a late arriving motion to adjourn oral argument in the matter of nancy jean burbridge that are and that we are not prepared to act on that m will hear argument as scheduled let me say as a as a personal note we're not accustomed to receiving motions like this on the day of arguments this is not a voluntary dismissal under certain no seven b the bankruptcy code is not absolute and is indeed subject to a bad faith exception as observed by the bankruptcy court of please follow this case is quote unquote the poster child for this court to revisit its precedent in light of the subsequent case law from the united states in court indeed here the bankruptcy court judge found quote unquote the most egregious bad faith conduct in his decades on the in a preservation order that had been put it that had been ordered by the bankruptcy court the reason that we believe this court should revisit barbieri decision and change the state mind and you know the st reason and really i think that the principal reason is that more on the calls for a comprehensive holistic reading of the bankruptcy code rather than the narrow application that was taken by conduct by a debtor by giving that debtor an absolute right to dismiss his his or her case to the debtor can do can can abuse the bankruptcy process and and pull themselves out of bankruptcy without repercussions or with very limited repercussions and nd while we do recognize that chapter thirteen is a voluntary is a voluntary chapter of the code what it does what part of the year he does it remove the bankruptcy courts ability to utilize the full breadth of the code to address bad faith conduct chapter thirteen is for honest is for honest and conscientious betters it is not a safe haven for a bad faith better to abuse bankruptcy process take advantage of the automatic stay in the other benefits that are given to debtors act in bad faith and receive the gift of an escape hatch that the barberry decision presented in the of anything else that may have gone on in the case or may be going on in the case would would kill that narrow strict reading of one thousand three hundred and seven big would would eliminate any ability you might  was relied upon by the barberry court and by the court below to hold that a debtor has the absolute right to dismiss the chapter thirteen case and that's the provision that we see that we respectfully submit judge is being interpreted and ninety that i think has guided debtors to decide to file bankruptcy and they decide if they're going to file bankruptcy are they going to file chapter seven to liquidate or are they going to go with more favorable to the creditors and go into which after thirty and where they're going to apply their disposable income to pay at least a partial payment to their creditors small it's my argument that i think that the porch should encourage that are going to a chapter thirteen it's more beneficial to the state and to the creditors and it's interesting to note i would note that the chapter thirteen trustee in this case is not participating in  right to dismiss the bankruptcy case for that reason and for reasons many reasons that had nothing to do with bad faith or or taking advantage of the bankruptcy code or anything else but there are reasons due course regarding the future of or the consideration of this case in light of the motion that was filed earlier today