Thanks for all the suggestions. I have someone to help with fragmotion. from max using panda .x and then a complete re-rigging in fragmotion picking the highest weight bone to be the only bone and then swapping some verts of the shoulders and over to the clavicles and spine to assist with animation stretching, etc.

It's far from perfect and not very good if you have alot of models, but it will do for the time being.

Thanks again

Matthew