Financial Freedom After Bankruptcy

If you are in debt, you may be thinking about filing for bankruptcy. Making a decisions about bankruptcy can be difficult, that’s why we recommend our clients understand what life will be like after they file.

It is essential that you take steps to bolster your finances during bankruptcy. It is also imperative that you are disciplined in following some steps once you’ve filed. Doing these two things together can help ensure you have the best financial life after bankruptcy.

 

  1. Checking Credit Reports

Your credit report will take a hit due to the bankruptcy. Since most of your debts will be relieved in the bankruptcy, you need to make sure that those accounts are accurately reported. Once your bankruptcy is discharged, the accounts should reflect that. Make sure you continue to check your credit report yearly, for the rest of your life. By doing this you can see how debts are impacting you, while making sure you are not the victim of identity theft. If you see accounts on your credit report that are not yours, you should report them and investigate what is happening.

 

  1. Setting a Budget

A budget can be your financial lifeline. You should set up your budget based on your income. Throughout your bankruptcy case, you have to be able to pay your normal bills along with the bills related to your case based on your income. When you set a budget and learn to live within the budget, you learn how to achieve financial freedom – during and after the bankruptcy.

 

  1. Rebuilding Credit

Once your bankruptcy is discharged you can begin rebuilding your credit. You can start with a secured credit card and then slowly and responsibly add other forms of credit. Note that these credit opportunities could come with higher interest rates due to your current credit status. You should only charge what you can pay off and you should strive to not carry balances since doing so could lead to another financial crisis.

 

  1. Having an Emergency Fund

Having an emergency fund could be key to your future success. Start saving now. No matter how little, you should make deposits into your savings. Your emergency fund should be able to cover your expenses for three to six months. This will keep you out of another financial crisis if an emergency popped up.

 

If you are feeling overwhelmed by your debts, take a hard look at your financial affairs. If you can’t find a way to get past your debts, bankruptcy may be an option for you. Call Craft Law Offices and let bankruptcy attorney Leslie Craft explain the two types of bankruptcy to you. She can help you make a decision about bankruptcy that is best for your situation and needs.

Call 252-752-0297 and let us help you get your peace of mind back today.

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Does Bankruptcy Affect Retirement Accounts?

You may be wondering how filing for bankruptcy will affect your 401k or other retirement accounts. Will your accounts be used to pay creditors? Can you keep any of your retirement savings? Should you use your retirement accounts to pay down, or off, your debts rather than file for bankruptcy?

Leslie Craft, an experienced bankruptcy attorney in eastern North Carolina. can answer these and any other bankruptcy-related questions you may have. Knowing the answers to these questions will ensure you are well-informed before you decide if bankruptcy is right for you and your family. For bankruptcy advice that is specific to your situation, call Leslie at 252-752-0297 to schedule a free consultation.

 

CAN CREDITORS GET YOUR RETIREMENT ACCOUNTS?

Most retirement accounts, such as a 401k, are protected from creditors and cannot be touched by a bankruptcy trustee. These funds are protected by federal bankruptcy laws, so it is not a good idea to cash in any of your retirement accounts to pay off, or pay down, your debts.

In a Chapter 13 bankruptcy none of your assets are taken from you. Your monthly repayment amount is determined by your income and your retirement savings is only included if you want them to be. Under Chapter 7 bankruptcy, qualified retirement accounts are categorized as exemptions, meaning they cannot be liquidated to pay your creditors.

 

SHOULD YOU BORROW FROM A RETIREMENT ACCOUNT?

The answer is NO! Before you make the decision to withdrawal money from a 401k or other retirement accounts you need to speak with a knowledgeable bankruptcy attorney. Since these types of accounts are protected under bankruptcy law, you may be better off filing for bankruptcy and preserving your retirement funds. These are some reasons you should not access your retirement accounts if you are in over your head:

  • Cashing out your retirement account could lead to tax penalties for early withdrawal, potentially making your debt worse. Tax trouble is worse than credit card trouble!
  • Transferring your retirement funds into another account could mean they lose retirement fund exemption, thus becoming accessible to your creditors.
  • Moving funds into a retirement account before filing for bankruptcy could raise a red flag. Your bankruptcy trustee could think you are attempting to shield assets which is considered fraud.

Your retirement savings is a representation of years of hard work. Losing your retirement funds now, could be a major concern in the future. Make sure you contact a bankruptcy attorney and get answers to your questions from someone who has your best interest in mind. Get the debt relief you deserve without losing your 401k. Call Leslie Craft, a trusted bankruptcy attorney, she can help you evaluate your financial situation, so you make decisions that are best for you and your family.

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Parental Debt and Bankruptcy Information

According to recent data, the number of older adults with debt and financial problems is increasing. The number of older adults who have filed for bankruptcy has tripled in the last 30 years. If you are unsure of your parent’s financial situation, it may be time to sit down, review their finances and offer them help with their bills and finances.

Most parents do not tell their children about their financial situation because they don’t want to burden them. However, if your parents are struggling to pay their bills, their ability to support themselves may be at risk if they do not find a way to alleviate their debts.

 

SYSTEMATIC PROBLEMS

Another reason older adults do not tell their children or others about their financial problems is due to the social stigma that comes from being in debt. There is a misconception from some that heavy debt is a result of someone making bad financial decisions. But according to many economists, rising debt among adults 65 years and older could be due to changes in healthcare and retirement that have shifted costs to them:

  • Many employers switched retirement plans from company-backed pensions to 401(k) plans.
  • The qualification age for Social Security has increased.
  • Healthcare companies expect the insured to pay more of their medical expenses, while medical expenses increase.

With these increased expenses, it is no wonder older adults may be forced to take on more debt to pay for everyday basic expenses. The decrease in income and increase in expenses makes older adults extremely vulnerable to accumulating debt.

 

BANKRUPTCY CONSIDERATION

Parents who are considered baby boomers were raised by a generation that was averse to debt because they grew up during the Great Depression. Their philosophies were conveyed to the next generation. This could affect their views on bankruptcy. If your parents are unwilling to consider bankruptcy, you should explain the benefits of filing for bankruptcy to them:

  • If they file, creditor harassment stops immediately.
  • They will be able to discharge most of their unsecured debts, which includes medical bills and credit cards, at the end of the bankruptcy process.
  • They can protect valuable assets such as their home and retirement accounts.

Continue to explain to them that bankruptcy exists to protect  people who are unable to repay all of their debts. For peace of mind, your parents should seriously consider filing for bankruptcy if their debts have gotten out of control.

 

CONTACT LESLIE CRAFT, BANKRUPTCY ATTORNEY

If you or a family member are considering filing for bankruptcy, you should contact Leslie Craft at Craft Law Firm. An experienced, eastern North Carolina bankruptcy lawyer, Leslie can answer all your questions about the bankruptcy and get the process of filing started. To schedule a free consultation, call 252-752-0297 or email us.

 

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Hire Leslie Craft for a Speeding Ticket

You were in a hurry, not paying attention to your speedometer. You get pulled over and are handed your first speeding ticket. It is normal to be upset and feel stressed.

The ticket isn’t a felony or a misdemeanor, but a speeding ticket on your record could have long-term and serious consequences for your driving record and insurance rates. You could have to pay a large fine, you may end up losing your license and your insurance costs could sky rocket.

You already have the speeding ticket; you can’t take it back, so now you need to deal with it. Will you have to miss work to go to court? Are you worried about the outcome? You do not need to worry. Leslie Craft is a dependable attorney, and she is ready to help you find relief.

 

Here are five reasons to hire Leslie Craft to fight your speeding ticket.

  1. When reviewing the ticket, Leslie knows what to look for.

If you know someone who got a speeding ticket and didn’t end up paying anything, then you know they probably hired an attorney. Attorneys that handle traffic tickets know errors to look for to minimize their client’s outcome. If you hire Craft Law Firm, there is a chance your ticket could be dismissed.

  1. She is experienced and knows how to negotiate.

Maybe there are no errors to find, now it is time to negotiate. An experienced traffic ticket lawyer can ask for concessions based on your good driving record. Or they can find other reasons to get your ticket reduced.

  1. She knows your rights and is there to protect them.

When it comes to traffic law, a lawyer will know your rights. Having Leslie on your side can improve your chances of getting the ticket reduced or dismissed. Lawyers know the best way to represent you and your case before the judge.

  1. It is not as expensive to hire her as you think.

You think hiring an attorney is a large expense but compared to possible outcomes it really is not. If attorneys were too expensive there would not be traffic lawyers. Believe it or not, hiring Leslie could save you hundreds, it is possible that you will pay less towards her fees and the ticket than if you tried to handle the case on your own.

  1. When the prosecutor shows up, Leslie does not back down.

 

When you represent yourself in court the prosecutor may intimidate you. This makes sense because you don’t know how to fight them. On the contrary, when you hire Leslie, the  prosecutors know you have hired someone that will stand up for your rights. Because of this, you could end up paying less than the full ticket amount or you could possibly walk away paying nothing at all.

 

Our Final Thoughts on Hiring Leslie Craft

Hiring a traffic lawyer shows that you are invested in your case. Leslie Craft has a professional rapport with local prosecutors and judges which can work to your advantage. So, if you have received a traffic ticket, it is a good idea to hire  Leslie Craft today. Call her at 252-752-0297!

 

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Life After Chapter 13 Bankruptcy

In Chapter 13 bankruptcy debtors may not see their debts erased. Instead, some may be restructured under a repayment plan that will last three to five years. In Chapter 13 bankruptcy, some creditors are repaid in full, and others are not. The debtor makes a monthly payment to the trustee, and in turn, the trustee distributes payments to creditors based on the priorities that were set by the court.

 

Benefits of Chapter 13 Bankruptcy

If you earn too much to qualify for Chapter 7, you may qualify for Chapter 13. By doing this, calls from creditors and collections agencies automatically stop once your application is filed.

Additional benefits of a Chapter 13 bankruptcy filing include:

  • Repossession is stopped and your valuables are not liquidated like in a Chapter 7 filing.
  • After three to five years, when your plan is complete, any creditors who were not repaid in full cannot pressure you for further payments.
  • You may be able to renegotiate secured debts, such as a car loan. It is also possible you could pay a lower car payment or interest rate.
  • You have the length of your plan to catch up on any past-due amounts owed on your home, vehicle or loans that were secured with collateral.
  • You also have the length of the plan to pay overdue income taxes, child support and alimony.
  • Chapter 13 will protect any cosigners you may have on personal loans.
  • You may file for a Chapter 13 bankruptcy plan more than one time.

 

Life After Filing Chapter 13 Bankruptcy

  • One monthly trustee payment for 3 to 5 years to repay your debts and be out of a plan. No more 28% credit card or high interest loan payments
  • Your credit score may take a nose dive. Keeping a mortgage or car payment will help rebuild your credit score
  • You will lose any credit cards that exist when you file.
  • There may be some restructuring due to your Chapter 13 filing, however you cannot get out of student loan debt.
  • You still have to make child support and alimony payments.

 

Why Choose Chapter 13 Bankruptcy?

By filing Chapter 13 bankruptcy debtors are allowed to catch up on missed payments and can keep property, such as your car or home.

If you have an above-the-median income and you could meet your obligations if they could be reorganized – Chapter 13 might be right for you.

If you don’t want to get rid of your house, car or other valuables, but you are in over your head – Chapter 13 may be right for you.

 

Consider Your Options

If you are unsure about filing for bankruptcy, we are here to answer your questions. Understanding the types of bankruptcies is complicated and Leslie Craft has the experience to help you navigate the courts and make a decision that is best for you. If you are considering filing Chapter 13 bankruptcy, call our office and speak with Leslie today.

 

 

 

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Pay Off or Fight A Traffic Ticket?

To Pay or Not to Pay, that is the question!

If you received a traffic ticket in eastern North Carolina, you may be wondering if it is better to pay off or if you should fight it. Many people may think it is easier to pay it off, or that it is the right thing to do, however depending on the type of ticket, and your driving record, it could make more sense for you to dispute the ticket and take it to court.

At Craft Law Firm we advise drivers who have been issued a traffic ticket to consult with an attorney who handles traffic law. When you pay off your ticket, you are admitting guilt to the traffic violation. An attorney who manages traffic law cases may be able to help you avoid points on your license, fines, license suspension, and other consequences that may come with an admission of guilt to the violation.

 

Reasons to Fight Your Traffic Ticket

The number one reason anyone should fight a traffic violation ticket is to avoid the penalties and possible negative outcomes associated with the ticket.

Once you pay your traffic ticket, you will get points added to your driving record. The addition of these points could increase your insurance cost and depending on your previous violations, may lead to suspension of your license, additional fines, and the possibility of jail time.

Most drivers are not sure what they should do. Before you consider defending yourself, contact and hire an experienced traffic law attorney. Having someone represent your best interests in traffic court could save you points on your license and increased insurance premiums in the future.

 

Should You Hire a Traffic Law Attorney in Eastern North Carolina?

At the Craft Law Firm, Leslie Craft helps clients with the following types of traffic tickets throughout Eastern North Carolina, including Greenville, Kinston, Rocky Mount, Tarboro, Washington, Williamston, and Winterville:

  • Speeding, including speeding in a school zone
  • Passing a stopped school bus
  • Red light tickets
  • Aggressive and Reckless Driving
  • Driving without insurance
  • Illegal Passing and Tailgating
  • Failing to yield the right of way

Your North Carolina traffic ticket will have information on how you can contest the ticket. If you want to plead  not guilty or dispute your traffic citation, you will have to appear in court or will have had to hire an attorney to represent you and defend your rights at the hearing.

 

What Happens After Your Hearing?

If you are found guilty of your traffic violation, you will be ordered to pay all traffic fines and court fees associated with the traffic citation. You will also have points added to your driving record, and more than likely your auto insurance rates will be increased by your agent.

In the State of North Carolina, your license will be suspended if you have accumulated twelve points within a three-year period.

If you have fought your ticket and found not guilty, you will not face any of the penalties mentioned above. However, we do recommend that if you are found not guilty, that you check your driving record to ensure the violation does not appear on your record and that no points were added – mistakes do happen!

If you have been issued a traffic citation and are not sure what to do, contact Craft Law Office. Leslie Craft may be able to reduce your charge, the fine, or modify your ticket, plus you may not have to appear in court. Trust our experience to protect your driving record. We offer free consultations in person or virtually, call us at 252-752-0297 or email us today.

 

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Does Chapter 7 Bankruptcy Affect Tax Filings?

As we head into 2022, tax filing season is right around the corner. Some consumers may be wondering if filing Chapter 7 Bankruptcy will impact their taxes. Chapter 7 Bankruptcy is one of the quickest ways to relieve yourself of unwanted debt. Filing Chapter 7 can be a life-altering decision if you cannot afford the bills that are piling up, but here are some things you need to know.

If you are owed a significant tax refund, it could factor into your Chapter 7 bankruptcy case. Make sure to let your bankruptcy attorney know that you are supposed to receive a refund, along with the amount. There is a chance that the refund could be protected. You will want to file your return on time. Delaying your filing in an effort to try and hide your refund will not work. Filing income taxes and providing copies to the trustee is a requirement in bankruptcy cases.

The relief you get when filing for bankruptcy could more than make up for the refund you would have received. So, we say don’t sweat over your refund, and in most cases, you are able to keep it. Here are a couple additional bankruptcy benefits.

If a creditor wrote off a debt you owed, you would be issued a 1099-C and that debt would become part of your income, costing you more in taxes. With bankruptcy, the debt is discharged and therefore there is no 1099-C. Also, with less debt. you could contribute more to your retirement accounts such as a 401(k), which lowers your taxable income and the taxes you pay.

If you are considering bankruptcy, but have not filed yet, talk to an attorney first and learn about your options. You could file your taxes, get your refund, and then file for bankruptcy later in the year. You could also file your taxes, get your refund, and then use your refund money to cover attorney fees and costs associated with filing a Chapter 7 bankruptcy case.

We will be writing another blog about Chapter 13 bankruptcy and your tax refund, so check back in a couple of weeks. These two types of bankruptcy chapters handle tax refunds differently. By reading this blog and the next one, knowing your options may help you make decisions in which type of bankruptcy you will file. But no matter what, find an attorney you can trust to oversee your bankruptcy case and be honest with them.

If you would like to talk to Leslie Craft, the experienced bankruptcy attorney at Craft Law Firm, about the benefits and types of North Carolina bankruptcy available to you, contact the office at 252-752-0297. Our consultations are free, and we are happy to meet you at one of our locations in Greenville, Morehead City or Rocky Mount or virtually.

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What are the Right-of-Way Laws in NC?

From the time we begin driving we are taught that we must always follow our state’s traffic laws. And no matter how long we have been driving we can still find some laws confusing, one of those being North Carolina’s right-of-way laws. This blog will explain those laws as well as the penalties of violating those laws in eastern North Carolina.

Laws Regarding Right-of-Way and Emergency Vehicles

The state of North Carolina has very strict laws regarding yielding the right-of-way to an emergency vehicle. If you see an ambulance, fire truck, police car, or any other emergency vehicle driving with their lights flashing and sirens on, you as a driver must yield to those vehicles.

Right-of-Way Rules for Drivers and Pedestrians Explained

Right-of-way rules apply to both drivers and pedestrians in our state. Each must yield the right-of-way and may be ticketed for not following the laws. Here are the most common laws that need to be followed:

  • Drivers always have to yield the right-of-way to pedestrians.
  • Drivers and pedestrians must both obey the state’s traffic signals.
  • When there are no traffic signals present, pedestrians have the right-of-way in crosswalks that are both marked and unmarked.
  • Pedestrians crossing the road on a green light have the right-of-way.
  • When approaching a traffic signal, if the light is turning from a green light to yellow light or a yellow light to red light, and a pedestrian is in the crosswalk, the driver must yield to the pedestrian.
  • Blind pedestrians ALWAYS have the right-of-way.
  • When an intersection has “Walk” and “Do Not Walk” signals, a pedestrian will have the right-of-way if they are crossing on the “Walk” signal – even if the traffic light is not green.

Intersection Right-of-Way Regulations Explained

Here are some common laws on the right-of-way in intersections that drivers must follow – some of which are confusing to drivers young and old in our state:

  • When a car is in an intersection, other motorist must give that car the right-of-way.
  • If two cars arrive at an intersection that is unmarked at the exact time, the car that is driving straight will have the right-of-way.
  • When arriving at a stop sign, drivers must yield to the through traffic.
  • When leaving a driveway, a driver must yield the right-of-way to other vehicles traveling on the road.

What are Penalties for Violating Right-of-Way Laws?

Aside from possibly having court costs, the laws are very clear when it comes to being ticketed:

  • Failure to yield the right-of-way to a motorist is $35 fine
  • Failure to yield to a pedestrian is a $100 fine
  • Failure to yield to an emergency vehicle is a $250 fine
  • You can also receive three points for failure to yield to an emergency vehicle or motorist and four points for failing to yield to a pedestrian added to your driving record.

Some may think that these penalties are not too severe, however what they are not thinking about is how the long-term effects will be to their car insurance costs. And, depending on your driving record, and how many points you already have, you could end up having your driver’s license suspended.

If you have received a right-of-way ticket, you may want to contact a traffic law attorney before managing the ticket on your own. Attorney Leslie Locke Craft has over 35 years of experience and she would be happy to review your case and see if she can help you fight the ticket. Give Craft Law Offices a call today for a free consultation.

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Married Couples Filing Bankruptcy

Filing bankruptcy as an individual can be an exceedingly difficult and emotional decision. However, when you have too much debt as a married couple, especially if there are children, the hardship and stress can be much worse.

This blog will discuss joint bankruptcy petitions and provide some insight as to why this may or may not be the right decision for you and your spouse. Craft Law Offices and attorney Leslie Locke Craft has helped couples throughout eastern North Carolina get out of debt through Chapter 13 and Chapter 7 bankruptcy filings, and she is available to help you as well.

 

What is joint bankruptcy petition for married couples?

A joint bankruptcy petition will allow both you and your spouse to file for debt relief together, at the same time.

Doing this may seem like the obvious choice if you are married, but you need to know that there are pros and cons to making this “joint” decision. Attorney Leslie Lock Craft would be happy to schedule a consultation with you, but here is a quick summary of both:

 

Benefits to filing a joint bankruptcy petition:

  • By filing once, you can save time and money and you will not have to go through the process of multiple times for each spouse.
  • When filing together, both spouses are protected under federal law, therefore, no creditor is allowed to pursue one spouse, so there is no worry about losing your spouse’s assets or income.
  • Under Chapter 13 bankruptcy, both spouses are responsible for the joint debt. This means that both you and your spouse must pay back the debt in full once the bankruptcy is over which can make it less stressful since a couple will have to work together through the bankruptcy process.

 

Drawbacks to Joint Petitions:

  • If your spouse makes more than you, or has more debt than you, you could be at a disadvantage in a joint bankruptcy filing.
  • Both spouses are responsible for all joint debts, so if your spouse does not pay their share of the repayment plan, then neither of you can benefit from it.
  • If your spouse has a serious debt issue, filing a joint petition may not be the right decision for you.

 

Bankruptcy can be complicated, and joint bankruptcy more so if you have children. It is not just you and your spouse filing for Chapter 7 or Chapter 13 bankruptcy it’s the family. For this reason, you will want to discuss your options with an experienced bankruptcy attorney.

Craft Law Firm has the experience in Greenville, Rocky Mount, Morehead City and surrounding areas to help you make the right decision for you, your spouse and your children. Leslie Locke Craft will be happy to help you navigate the bankruptcy courts and help you every step of the way.

Call to schedule a consultation today, 252-752-0297.

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COVID-19: Can Bankruptcy Stop Foreclosure?

Since the COVID-19 pandemic people want to know if filing for bankruptcy can help stop foreclosure proceedings. In some situations bankruptcy can help people avoid foreclosure, however you should be aware of the issues that could be involved.

Experienced bankruptcy attorney Leslie Craft provides insight on this topic in the following blog.

 

Chapter 7 Bankruptcy Can Help You Avoid Foreclosure

Under the US Bankruptcy Code there are two main types of bankruptcy – Chapter 7 and Chapter 13.

Chapter 7 bankruptcy, also known as liquidation bankruptcy, is what people think of as a “typical” bankruptcy filing. When filing a Chapter 7 bankruptcy, non-exempt assets may be liquidated to pay back creditors. In many Chapter 7 cases, all the assets are exempt, or the non-exempt assets are too nominal to warrant liquidation. Many debts are discharged in Chapter 7 bankruptcy.

An additional benefit of filing Chapter 7 is that you will get an automatic stay from the bankruptcy court. An automatic stay is a court order preventing creditors from taking further legal action against you and your property – including foreclosure proceedings. An automatic stay could give you the time you need to work out an arrangement with your mortgage company to help you keep your home. The “work out” with the mortgage company is voluntary and Chapter 7 bankruptcy only affords short-term protection – usually 3-12 weeks. But when the automatic stay expires, you may be able to keep your home while proceeding with the bankruptcy.

 

Foreclosure and Chapter 13 Bankruptcy

The second main type of bankruptcy available to individuals is a Chapter 13 bankruptcy, which is also known as a reorganization bankruptcy.

When filing a Chapter 13 bankruptcy a three-to-five-year payment plan is put in place where you pay back your creditors. In Chapter 13 bankruptcy you can keep your assets regardless of them being exempt or not exempt – including your home. In most cases, the pre-bankruptcy arrears are paid-off over the duration of the plan term, but a Chapter 13 debtor can still pursue a loan modification with the mortgage company.

If a  payment plan is approved by the court and all your payments are made on time, your eligible debts will be discharged, and you get to keep your home. This is why it is essential that you make all your plan payments under a Chapter 13 filing.

 

Call Craft Law Firm

An experienced bankruptcy attorney will outline the differences between a Chapter 7 and Chapter 13 bankruptcy so you can choose the plan that is best for you and your family

If you have additional questions about bankruptcy and foreclosure, call Leslie Craft at Craft Law Firm today! She can help stop a foreclosure. Her experience has helped many clients throughout eastern North Carolina get the financial relief they needed. Give her a call so she can help you during this challenging time

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