week and that statute let's say it should and let's assume it should not have been in the estate it should not have been sold notice was improper let's assume that everything in favor of the appellant just the total botch count the creditors have not been paid the that's my understanding  duress from the trustee of the living trust and within three days of signing that quickly he did to the bankruptcy trustee he recanted that and filed with the county recorder's office and the court simply didn't look at that's true providing it's with the avoidance powers of the bankruptcy trustee but we also have to keep  trustee steps into the shoes of yeah that's true possible interest because at the probably stage it will only be that the probably court made these decide that the distribution is an equitable for her if you receive anything and so therefore she may not receive anything it's a potential interest of  the property was property of the state the property was properly sold to a party upon the sale of the property when we went on appeal of that order with their not being a stay in place and with the protections provided to than vacating this sale or setting aside the sale i understand that and i was getting there i just i understand that under  question i understand but i don't think anything that's been provided to either the bankruptcy court the bankruptcy pilipino or this court establishes that there was wrongful sextet that's  thing to correct particular case where the property was sold and if there is the sale which is free and clear of any interest or income for instance that and that this jury proceeding would be commenced in the bankruptcy  case and i will later on is know that in this case there was an adversarial proceeding that was filed with regard to that property and those matters are currently being great before this court because the peals of those orders have been appealed here as well there are more cow cases coming and they relate more directly to that this court yes your honor there are two of them there are two of them one is the order dismissing that adversarial proceeding and there were sanctioned issued against mr  commencing that adversary proceeding and that border granting sanctions has been few this court and is that what it's about it's about whether they should get some compensation for the sam it's not really clear that there were three complaints that were circulated two of them it appears were filed one of them was actually served only on my third as a party to the complaint the u s trustees office w the chapter seven trustee was sued and those parties never were served with the actual complaint nonetheless we did bring a motion to dismiss and it is the subject of an appeal that is currently i believe i think to at least make that leap that if there's someone saying that the properties them then i think it's somewhat assuming some sort of discord but i don't think that the score given in this particular case is a remedy and even if it was i think that the way to go about it is through napster proceeding do we even reach that i was just checking the excerpts of record and it looks like it looks as though you're right the order it's on appeal in this case is is that an order approving sale of the real property free and clear lethal incumbrances in approving the vetting procedures so it seems like there's no reason for us to rule where the other  i believe that's correct your honor i think the sale was approved the sale contained a three sixty three m finding which gives that are those protections the matters that appealed a stay was not obtained in the transaction close so case and you could still lose one disgorgement some other case i would contend that would be correct i think that with regard to the sale the sale has completed and because there was no stay the trustee of that trust as appellants in the matter and that's the only order that's being appealed to this court it's not the compromised order or the order approving that settlement agreement between the trustee and the trustee of the trust that is not what's being appealed here now with regard to that settlement just so the record is clear there was a settlement that was entered into between the trust the in bankruptcy state in the trust the of the trust the sinner a living trust notice went out to everybody there was an opposition by the debtor the debtor filed in opposition and requested here under the local rules in the central district of california in los angeles the vision you can see that you can issue a notice of the motion and a motion for hearing it under that local bankruptcy rule you just need to give the fifteen days notice which time you could submit a declaration that there was no opposition and the order in this particular case there was an opposition and there was a request for  the matter was set for here nobody appeared on behalf of the debtor or anybody else and accordingly the bankruptcy court issued the order granting the compromise and settlement agreement between the parties why we attempted to amend the appeal to bring in the estate that's what we're arguing here is that they said no it had been sold and you had been notified that's not a quick statement and that's why we're here