my name is jean when counsel for the appellant the bankruptcy court lifted the state to allow the hon creditor to extend their judgment lee but that is clearly iranians because the state has no chairman of actually twenty right and renewal is their obligation to do and which they actually did in february of two thousand and eighteen and that that we knew all wall was going to be granted if not for their own procedural error of not naming the necessary parties this we were we were not a party to the original judgment when in two thousand and nine and and the  renewed and we're in the process of renu and was was a year and a half before the bankruptcy petition was filed and so our purpose in the petition is to have time to pay off and reorganize and pay off this debt because all of a sudden this five million dollars debt has come knocking on appellants door and appellant was not able to be authentic this has been pending for quite some time no judgment lien was from a two thousand and nine your county action that hans filed against prince development among other other parties in which wayne real property was not a party to when real property wasn't even incorporated at the time it wasn't even formed at the time as this was years before when real property and that action was nor were the princip after when real property had got gunned to part of the building approval for a six story building and hired architects contractors and was in the process of a bell to build on this vacant lot a six stor building and and then there's this five million dollars debt i'm going to try to different when you file the petition for bankruptcy the day before sale no no no the st the st time that we found out about the development company which was the defendant in their case in two thousand and four before before their judgment in two thousand and nine and so this was prior to the judgment so there was a there was a there was a lot of controversy as to whether or not there was a living wrong with the land and so there was a lot of statement as to whether or not the lien well with the land and it was only after  several times and that's because there are many state actions pending are you doing about the leaving because there was also a foreclosure that was part of this the hung creditors took over the of the assigned the the mortgage on the property and then it was there was also a foreclosure action that was going on at the same time and we paid off the foreclose the mortgage on the property to the hog creditors of about a one million and so this was all going on during th time so we were able to pay off a one million dollars but then we weren't able to pay off five million dollars right away and whether or not that amount was accurate was also a dispute so that's what we were doing in state court for the past two years  until we lost and so now we're very in the pay off that debt and that's why we file for bankruptcy now i mean the point of bankruptcy is to reorganize right this the proper time wasn't given to us we have even as a single asset we're given  days to put a plan together to amend and he schedules they need to be amended into felony objections and this this motion to lift the state came on the th day and not of time to to reorganize and to  even put together a plan and to do what the law allows us to do and to make a bad faith finding with was not even was just oral argument on a day where the doctor himself did not appear and the system yes your honor but what about accuracy and and and to avoid clearly erroneous errors and to apply the proper standards rather than abuse looters question i mean where are the sonex factors here the song that's factors that are applicable here are the comparison between what is being state the other state litigation as being in state and in this action and whereas there is no other other that what they're worth is a cell that's it there's no there's no other litigation going on right we're not parties it's not a two party dispute we're not parties to any action that that they had two million one thousand were not parties we have we have no say in whether or not his lean is extended or not and so what about what about the proper factors that are applicable here what about the possibility of paying off the my instead of just allowing the hunt predators to just eat  up this asset that the weighings have been fighting for even before the hans got their judgment what about what about the equities involved here of of years of of investment into development that went to litigation with the whole and the ultimately resulted in their judgement whereas my father had what a real property had nothing to do with any of that and all of a sudden this judgement is now is now is now going to be that this please the court the standard of review is an abuse of discretion standard i don't think that chief bankruptcy judge craig abused her discretion in lifting the sta it was an eve of foreclosure sale filing number two as judge craig indicated during the hearing and as the debtor admitted the plan was to run out the clock on the haunch judgment wing the  rd was that based on the face of the petition on it by itself there was no equity in the property and number four it was a chapter eleven petition showing that it was a bad faith filing the nd ground that judge craig lifted the stay was that the property was not necessary for a reorganization and the reason for that toys into the fact that the property had nowhere quicky so i don't think that george craig came remotely close to abusing her discretion i think she did the right thing  one of the things that happened in this case and it was mentioned in oregon meant by a pelleas counsel was that there was a delay in the hands in forcing the judgment lee and the reason for that is obvious from the record the mortgage in question held a senior position and nat mortgage were satisfied in december of two thousand and sixteen and that set forth in the supplementary appendix at page one hundred and six once that mortgage was satisfied the judgment lien of the han's rose to a senior position and then the hands moved to enforce their judgment lien and to sell the property the last point is pelleas made a motion for this court to take judicial notice this court decided to take you to shal notice of the sheriff steed conveying the property to the hans so by definition there is nothing left for the bankruptcy court to reorganize if you go through the bankruptcy petition on supplementary appendix pages forty six to forty nine you'll see that the only asset of the debtor in bankruptcy was this property and that property is no longer owned by them so there is no reason for this case to go back to the bankruptcy court because there was nothing left to reorganize and there were never was anything left to reorganize the course they never had a business council told us they had a plan to build a sixty six story building there where architects i i assumed they may very well may have but it doesn't detract from the fact that they acquire title subject to the judgment lien of the han's they may have had plans to move for a variance and build a forty story building but again that doesn't detract from the fact that they took title to the property subject to the hands judgment lien and that point has been judicially established in the state courts several times in less any member of the panel has any questions please rest because because like i said earlier the weighings had purchased their assigned a contract of sale with prince development company before the judgment had occurred so as as the equitable title lien title owner due to the execution contract are the lien came afterwards and so is the judgement came afterwards so as not to lean on or not as you point out was what we were arguing with the state courts  speak to speak into the microphone there was a decision from state court supreme court queens county which explicitly says the wangs took title to the subject said that decision was pointing so for this court to say perhaps the state courts got it wrong i think would be a violation not only of rush to the car but it would call into play the rocker feltman doctorate we would have a federal court saying quite a few state court judges got it wrong including a state court intermediate appellate court the issue was litigated the hands won one property lost courts have decided and we're here to pay it off and that's the only reason why we're in bankruptcy court to pay off this debt and to be organized and pay off the debt but it was sold the property was  earlier you like finale and and the list stay order is final and that's why we're able to appeal to the nd circuit but it's sold and that's not something that this court this court  reverse that it was a sheriff's sale orchestrated by the hon creditors there was no one else at the sale except wearing the hans no member of the public was at the we didn't have the money you want and that if we had the money we women file for bankruptcy we would just pay it off they purchased it for three dollars point something but it was based on credit they being even paying with actual cash which which is what you're required to  money to pay a one million dollars foreclosure off and and it was also to the hauling predators and also the hung creditors over the past eight years had obtained money from other defendants from that just really and there are like flushed out all it was was one appearance and it was the st appearance on the motion of the attorney an attorney just just orally arguing and we weren't even present we didn't know that that we had the opportunity to be present we didn't have the opportunity to present any of this evidence this should have been a more careful review before a bad faith finding is made this court needs to in the district court and in the in the banks the courts right now these bad things findings are based on single assets and all these factors that have nothing to do it's own that's what happened to this on x factor is right now it's c d c factors but that's based on dismissal of an ac