expenses of the ministration of the assignment that he was engaged in from the proceeds of the assets he liquidated we believe that there was an error of one in that eight ten in the night and statutes section these were the fees that and expenses that have been incur by the assoc me up to the point in time that the accident received a notice from the bank no my point is you gave me a number i want to know how you came up with that as unique marble can be liquidated and that the five do share that is appointed to serve as the person liquidating these assets on is entitled to their fees and expenses and and distribute them to the various creditors of a particular debtor when it does it is his say that as a particular point in time for the ask me it's the date of the assignment for a receiver probably appointment as well and a bankruptcy trustee at the day of the filing of the petition gives them a clear date in which to say at that point in time anyone who has pressed the security i will treat a secured creditor if anyone tries after that point to perfect that the ass of me can do his or her job as in distributing the assets such as what happened in this case the s and me does take these assets as a receiver or a trustee does subject to any property perfected security interest are not looking to get anything beyond that point in time because that's when the secured creditor exercised his right i didn't see in the least brief that they mention it but that clearly is not our intent when trying to get that distributed it kate to first bank those are the same kinds of expenses that the bank would have had to itself incur had it taken over the process of liquidating the assets even earlier on and perhaps they might not have anything gotten as much recovery as they did it's difficult for us to say at this point in time but definitely there there i think are issues of primarily involved because the asset he did provide some value to the bank in doing the job to maximize the value of the of the outstanding projects that might be there unless for some reason there would be value in doing so but i thought that would be a typical have done it is there anything in the record that indicates how mr interest in collateral prior to the time of the mean creditors in this case in the signing for the benefit of creditors getting very little credit or designation the perfect subject to some compensation shouldn't it your honor the benefit of those provided in this case was provided to the debtor the debtor when you got the forty thousand dollars ninety first and your client my client received forty thousand dollars as a result of his service is that the appellant provided to the debtor and why i say that is a couple the forty thousand three five thousand then the subject conversion first and his knife is also admitted then no matter what in this instance the only party who is going to get anything it's also in her brief was with i would say that the owner of that home nothing more than george does go that route for something for the service they provide security and the homeowner wants to use part of the value of the and said hey i'm going to start doing this work and then i'm going to assume soon your first mortgage and i'm going to gentlemen in this case or the company isn't paying you and then i said i need to get my ducks in a row now i need to a prior perfected secured creditors and does now take it upon him her itself to get there are sent to the services if they don't do them and they just start providing services dollars back because they didn't do it in service for a while you did that service was being rendered for you not only for you there were no other secured creditors in this particular situation security interest continues even after liquidation if some person was to take they asked that in their cholesterol they train for it and they'd be subject to conversion even in addition to the value that fully compensated to one hundred percent of what its security interest is the s and he gets nothing that there was a case decided and the power used for appointment for supervision for the value was course supervised as dictated by a legislature and the legislature over ten dollars in this estate it totals five five dollars there's no way everybody is going to get paid but haven't i heard selling obligation for compensation just to figure that out well i would make and the society for the benefit of creditors would have notice of the u c c and i would hold that if they were going to engage in a transaction where they thought there was risk much like the bank does when they loan money that they would go to the party they believe they would be benefiting and they would ask for their assent to the services they planned on providing that to come up doesn't require that the common law simply requires result of the software they would take if they didn't enter into a contract with the perfected security creditor sooty your bottom line is saying that the assign works if you want to assure that risk you do it to your benefit or detriment because you are to take behind secured creditors no matter what unless i specifically as a secured credit creditor agree to your services i'm saying because of the way the u c c sets up it in my interpretation demonstrates that the u c c in our legislature is making a determination that the services provided unless there's a separate contract are provided to the debtor the debtors receiving the value so th in this situation in this situation i believe for there to be exploitable remedy that would apply it would throw out the provision and would ignore the act the party assumed the risk with  of the prior allegations would take after your plan they would have a separate contract outside of the provisions of the u c c what you said that these signing only works for the debtor they would have engaged in a contract with the understanding that the services would be provided to him how could how could you sign me serve two masters like that would not be an inherent conflict to have both a contract with the bank and unique marble here agreement and that person because if i do shiri for the benefit of the creditors who are hopefully going to get paid out of liquidated assets and in doing so that paid out of the assets the collateral that they are entitled to get however a sum in assignments for the benefit of creditors as creatures of connemara respect properly perfected security claims however reasonable budget and compensation for your efforts the human taste this is particularly important because in that case the supreme court said to the secured creditors who are saying hey wait a minute nobody should get paid fees here until we get paid in full the court said this was a salad assignment the acidly did a good job and therefore those reasonable legitimate fees of the liquidation of those assets should get paid ahead of the secured claims and if you had not learned the asset need to do that job you could have retrieved your collateral at any time and taken over the liquidation on your own that's exactly what our position is here initiation the judicial proceedings apparently did began but no notice of them was provided to mr gallo the first opportunity mr gubb had any indication that the bank was pursuing the corporate entity was it was the time that occurred i think there would have been some conversations that went on to ensure that mr galloway services were still wanted by the bank because in point of fact he was providing was paying money to the bank after he was liquidated those assets so