ok, it was the Sysctl that was the problem. I had removed it from my kernel because I didn't know what it did. Once I added this it went into hibernate mode, but then it hung. Here's where it hangs

Which is why you should start with a known-good config, especially if you don't understand what the options in the kernel mean. Hell in this case the help text for the option states that it will populate the /proc/sys tree if you have procfs support enabled and to only disable it if you have a very good reason.

Read the hibernate.log file or possibly dmesg, one of them should mention which process refused to freeze. I had it freeze at that point one time myself, attempting to hibernate a second time worked fine. I assume that the sync took too long and caused suspend2 to abort, since there was less work to do the second time it completed just fine.

..by accident, but not it's fixed.

here's the stuff from hibernate.log, there was nothing in dmesg