opportunity to present its case with all due respect judges are solow have some properly denied appellant that opportunity from day one of this case there are then the cases cited by the transcript mark transcripts which appellant has requested since the time and filed that's motions to dismiss by denying the appellant's motion to just stay consideration panel call there was there was some concern raised about the purpose of the fact you and he took that in a very broad way and addressed the question of preclusion with respect to the nd or rd hearings with respect they're simply not being any evidence or in his view was not wasn't just a procedural question it was a substantive question i don't have anything in front of me that's going to allow me to make the decision these people want me to make so it's  hundreds of pages of documents that the debtor produced under court order in response to two thousand and four that's you know that's ok if if they are often accountable on their face that's one thing it doesn't make them  that the deposition transcript is not the only way of getting that i have didn't speak for the court that's in my theory ok and so i'm saying that if you monica's up the deposition transcripts not you but if the car bankruptcy checked gambling junkets and we went to washington we never spent more than three hundred dollars a day on these junkets but you look at his statements see the hotel bills the shows the food the machines and again coupled with the debtors on emissions he admits that he gambled away many of these state during a bankruptcy where debtors were getting paid pennies on the dollar the other appropriately before this court he admits yeah we purchased four car cars that we didn't report after the case was confirmed yeah we transferred cars yes i received at least one hundred and twenty thousand worker compensation i mean this is a case where the fraud of so abundant in so gross and was not discovered until after long after the plan was for and the only was discovered is because we brought the motion to dismiss the st time based on the debtors failure to maintain the property from an outward appearance and with seriously deteriorated and not pay insurance and then the debtor argued in response i spent all this money to repair the property we looked at the schedules and said hell this is song coloration yeah but the problem with the st was was  been mistakes since day one by boat parties in this case but my client didn't do was commit fraud and they did not commit fraud over and over again and i think that's i stated in my very i don't care in our opinion impartial i mean he has not exhibit impartiality throughout this case every single decision has been made he in his transcript he said in the nd hear discretion if there were problems with this case or if there's any unfairness that didn't come from the debtor and it didn't come from the judge it came from the problems that arose from the various motions to dismiss any practitioners had problem where they filed a motion and it got denied and they need to refile it as the old saying goes nothing concentrates the mind like the side of the gallows if you get a dismissal you think well but i'm i'm going to be even more careful next time that's not what happens so i understand that the appellant's attorney was talking about how the judge asked them if they did this if they did that and that's was an evincing some sort of hostility then they ran out and did it if anything he was kind of giving them a hint this is what you need to do and then they didn't do it properly they in essence the  are arguing that they've crafted of i'm going to use the analogy of a boat they're making a boat and they're going to sail it to the intended destination of what they're seeking in their motion their boat was full of holes because of their own improperly crafting that boat and now they want to blame everyone else they want to say well you know you don't understand what we're going to prove and we got to where we're going to get to go but it was their own fault that the boat started leaking because it was missing material parts they did not prove their case well there's a suggestion from  you know they're in a dispute so if one party doesn't do something that doesn't mean you know forget it then you know it's game over there's nothing we can do there is a response to that this case was well lawyer in the sense that there is plenty of lawyers working on the other side there are plenty of people working on this looking at this they filed motions that didn't go well they've filed motions they re filed motions again i mean at a certain point and that's a certain point you get to the review of this and you say at what point will it be enough because after reading the judge's result those specific findings an explanation on remand i don't know that there's a lot left to argue about i understand the impulse may not like the result but it should come as no surprise given the case history is still running his business since the admits he is running the business and opposition to the motion to dismiss so we're saying st of all that the court was vested of jurisdiction by the pending appeal to to grant the discharge and even if the court finds that he wasn't arrested that there is a remedy that can be fashioned that the court should deny that the should find that the  debtors argue ok so you lose it doesn't matter that you had it on appeal i mean that's how i view it but then again i've had very little time to look at it and i did want to point out to the co involve the same agreement different years were sued under bed aside from that in one of those cases there was no evidence offered that's not true in our case we offer davenant's all right and you know wrap up ok well i'm i will just schedules the debtors admissions are relevant he admits that there was a bend their money in property brought into the state after the confirmation which is not reported and money out and i just think it's the it would be the doctrine and collateral of stoppel requires that a debtor i mean a party get its fair day in court and have a full and fair opportunity to present its case applying it in