that results from a to judicial sale you know the insufficient funds to satisfy the eval easily subsequently this case was it was stayed because of a chapter eleven bankruptcy filing by the name on the property that was subject of  the that's the subject of the foreclosure was ultimately sold by money as a donor in a chapel chapter eleven section three sixty three sell that another important happened report in fact from my perspective is that the sale of the bankruptcy court was not a the agreed order through which the failed with accomplished in the bankruptcy court also required a deficiency payment by the guarantors it didn't require a deficiency period it just didn't wave sale was acceptable for a number of reasons one as they say the circuit court has found that the that the foreclosure that the bankruptcy sale was reasonable and its terms but i would i would point out that this isn't the standard for the wall it's not really the basis for our appeal but it's not very calm well it's not entirely common where you have a foreclosure or a foreclosure case that in which the debtor goes and file chapter eleven bankruptcy that may happen but i do agree with you this is something that's very novel where you have the you that you know the lender coming back into foreclosure or because they haven't perfected their prior judgment on their gear you come back into foreclosure court and use essentially a fifteen oh wait no she did confirm as a predicate to try and perfect their judgment which was previously conditioned on judicial sale and subject chill you know the the moment that's when i think in this case they found that they couldn't act on the prior judgment because it had these conditions and they have these you know condition procedures before they could execute on it and this was the manner in which they chose to try property there is no million there is no possibility for a deficiency and there can be no judgment ok on that there since the is incorporated into the agreed order in our in the bankruptcy court so you don't think you're getting away from the one very important point that i'd like to touch on is we were about and went out of the local rules of the twelve judicial circuit on the record reflects that the circuit court in confirming the serial justified its dish property in any manner they wish and then come back and use ruhleben as a basis to bless the sale after the sale after the fact and say well i would have approved of the sale had it had been before me and i would have direct of of the complaints against the against the their insurers this is an argument that i raised originally in the response to the motion to confirm so it was something that was raised in the in the circuit court and it's not something and we found a motion for relief from stay so that we could go back to the state court and proceed with our with the judicial sale as was originally contemplated when we entered the orders in january of twenty thirteen ultimately up substantial rights by agreeing to the three sixty three sale by submitting the property in to the jurisdiction of the bankruptcy court and allowing the dad or to sell the property pursuant to what i believe are very strict requirements set forth in the bankruptcy code for the procedure and approval and the amount of the piece of property that is sold under the jurisdiction of the bankruptcy court court is because after all that was entered after the guarantors agreed to that word or they are now taking the position that the motion for summary judgment and the summary judgment and the judgment order that were entered back in this is not a final order there will be proceeds of the sale and these defendants are entitled to that and so that's what we did and the only reason why we're here today discussing whether or not a three sale and we actually reduced day to ultimately a one point six eight million dollars or one point six million dollars judgment that was with this seems that was a deficiency that was what was left after we gave them credit for the payments that were made in the order to address and deficiency judgment issues later i certainly think this is a deficiency judgment that was not present or issue that was not present at the time nobody knew at the time well maybe i missed it the time they are now filed for bankruptcy but we certainly did and the judge real estate tax that is attorney's fees appraisal fees and other fees and it added an additional seventy seven thousand dollars it did not contemplate the interests but i think the interesting issue is infamy and may made very clear in illinois big the the fact that the judgment of foreclosure was entered that started bad at running and that's just that that's how it is in the statute and that's how the case law has interpreted it that the post judgment entered just just begins running at the judgment of foreclosure and sale and it's not something that you know that we made up and it's that's just how it's going to apply and so that's how it was applied here we had nothing at the time nothing to the contrary that said if you're in this strange situation where the b files for bankruptcy and everybody is in agreement that this is what's going to happen but then later i'm one of the parties changes its mind and you're here trying to figure out what to do we we did it we didn't have any any case bar precedent to determine what to do in that situation other than looking at the statute looking at how it's going interpreted in illinois and saying statutory interest post judgment interest begins running a condition of the enforceability against the bank we wanted them to acknowledge that by agreeing to these perceval procedures were not waiving any rights we have as against you we are reserv credits that we were giving them to reduce the judgment to one point six million so there was there was never any position taken by the bank that they weren't entitled to those credits that you know even that we still have not represented any sort of defense and liability and as long documents we're not liable for that because we don't like what we don't like what happened we don't like the order that you wro sale to the extent that this was under the auspices of a mortgage foreclosure case and he was trying to i think trying to wrap up the case we were willing to to ultimately dismiss count on because we to the extent that he could take judicial notice of what happened then the bankruptcy court and we were using that sale to apply credit to the to the extent that he wanted to ratify that sale and having  to justice having been done which is one of the we're one of the conditions of approval of the sale under fifteen zero eight and he did that and it allowed i guess certainly we would be we would be in the exact same position because our position is we have a judgment on counts two through five and to the extent that if i argue that no judgment with entered here and those counts they've  didn't that they shows to limit their judgment to deficiency so now what they're doing is they sold the property in bankruptcy they realize that hey we don't we don't have a full judgment without a condition of this of this sale taking place a judicial sale taking mortgage foreclosure court similar to fifteen zero weight when there was no there was no instance of that occurring there you know we defended it we're not saying we'll be willing to deficiency but we are saying that there was never a full judgment entered we had an opportunity they never point that i'm making is if they have a judgment on the personal guarantees then they could have executed on it immediately they never properly filed a motion and gave the guarantors the opportunity to respond to that motion saying we're filing we're seeking relief and comes to file for the for an unconditional amount of judgment based on the personal guarantees and therefore you know we never had an opportunity to defend it and what w in order to get a quicker judgment if they're if they're looking for judgment on the personal guarantees they should have filed a motion on those personal guarantees and gave us the opportunity to defend th