mr. milliken, is if the ceo had said on the record this report is factual, why did they refuse to stipulate to the report as factual in bankruptcy court? >> senator boxer -- excuse me senator mccaskill, i'm not aware of our position on that in bankruptcy court but i can tell you that is associated with probably attorney/client issues that are present in that proceeding and on that basis, they've probably taken that position. but i'm not familiar with the situation you're talking about in bankruptcy court on that issue. >> who would be? that's obviously an important legal decision that has been made by your company, and you're the lawyer in charge. this is obviously -- i don't know that you can have any more high profile litigation than the bankruptcy proceedings right now as to what did and didn't happen as it refers to representations made. if you don't know, who would know? >> senator, i'm familiar with that particular piece of litigation, and i have been working with lawyers to argue on the claims that need to be made and deal with the loss claims on that part of the litigation. >> you u