Blogs

1 month 3 weeks ago

Our firm has defended a number of student loan lawsuits brought by National Collegiate Student Loan Trust over the past 5 years. I’ve also spoken about the company at a number of bar events around the country, and teach graduates of The Student Loan Law Workshop how to understand the issues presented by private student loan entities.
Given how vocal I’ve been about National Collegiate, a LOT of people from around the country have found this site and think our law firm is the right place to serve National Collegiate Student Loan Trust with legal papers. In fact, over the past 5 years some of the things I’ve received include:

  • Chapter 13 bankruptcy trustee checks;
  • Letters from borrowers addressed to National Collegiate;
  • Notice of Commencement of bankruptcy cases filed by people who owe money to National Collegiate;
  • Subpoenas to appear in courts around the country on behalf of National Collegiate; and
  • Complaints filed by borrowers, consumer protection lawyers, and government entities against National Collegiate.

I Do NOT Represent National Collegiate Student Loan Trust
I am a student loan lawyer who helps people with their student loan problems.
My office defends lawsuits brought by companies such as National Collegiate Student Loan Trust, Navient, and the US Department of Education.
We represent people who need to file for bankruptcy protection.
We help people resolve their federal student loan problems and provide advice about consolidation, rehabilitation, loan forgiveness and discharge, income-dependent repayment options, and other administrative remedies.
We are not National Collegiate Student Loan Trust, and we do not have any connection with this entity. You should not send us any legal papers with the expectation that they will get to National Collegiate.
Where to Send Papers to National Collegiate Student Loan Trust
National Collegiate Student Loan Trust does not have a single office location; rather, the entities are governed and controlled by different companies. I recommend that you send any documents to all of the following places to maximize the likelihood that your mail goes to the right place:
The National Collegiate Student Loan Trust
c/o Wilmington Trust Company
Rodney Square North
1100 N Market St
Wilmington DE 19890
The National Collegiate Student Loan Trust
c/o Goal Structured Solutions, Inc.
402 W Broadway Suite 2000
San Diego, CA 92101
U.S Bank NA, Indenture Trustee
The National Collegiate Student Loan Trust
One Federal Street
3rd Floor Boston, MA 02110
Transworld Systems, Inc.
507 Prudential Road
Horsham PA 19044
Transworld Systems, Inc.
PO Box 15630
Wilmington, DE 19850
Odyssey Education Resources LLC
800 Corporate Drive
Ft. Lauderdale, FL 33334
American Education Services
P.O. Box 2461
Harrisburg, PA 17105-2461
This is the best list that I have right now, but it may be incomplete or incorrect. Do not rely on this list, and don’t get upset with me if any of the addresses are wrong.
You are responsible for tracking down the correct addresses for National Collegiate Student Loan Trust. My goal is to keep my staff from spending more time dealing with misdirected mail.

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The post National Collegiate Student Loan Trust Address appeared first on Shaev & Fleischman LLP.


1 month 2 weeks ago

Our February post on taxi medallions and their significant loss in value generated much reader interest. In this month’s email, we’ll update readers on taxi medallions and related issues.

The New York Post reported earlier this month that a taxi medallion recently sold for $241,000-a new low. As recently as three years ago, taxi medallions were selling for $1,300,000-a drop in value of over 80%.  And there are approximately 50,000 Uber drivers in NYC vs. approximately 13,587 yellow cab drivers.

With just 13,587 yellow cabs on New York City’s streets compared to about 50,000 cars from black cab and app services, New Yorkers now have more transportation options than ever before. In New York City, people took fewer trips and spent less on taxis during the first half of last year compared with 2015, according to a November securities filing from lender Medallion Financial Corp.

According to an article in Skift, 81 percent of Capital One's $690 million in loans for taxi medallions are at risk of default. The share of taxi medallion loans Capital One thinks its borrowers won’t be able to repay in full has nearly tripled over the past year, to 51.5 percent. Another 29 percent of Capital One’s loans are to stressed borrowers who could be at risk of default. And  BankUnited told its investors in November that nearly 59 percent of its loans secured by taxi medallions were under water. Close to 95 percent of BankUnited’s loans were to New York City borrowers.
Many readers have asked us what the banks that loaned money to medallion owners can or are doing. Their options are as follows: 1. Close and go out of business; 2. File for chapter 7 or 11 bankruptcy and liquidate or attempt to reorganize; 3. Sell their non–performing loans to third parties such as hedge funds; 4. Restructure their loans from third parties; 5. Seek capital from third parties; or 6. Work to restructure their loans to medallion owners. Which strategy is optimal? The optimal strategy depends on the facts of each case.

For medallion owners whose loans exceed the value of the medallions, the question remains as to what their strategy should be. The key issue for a medallion owner is whether to continue to own and make payments on a medallion loan, where the value of the medallion is far below the loan balance. For those medallion owners seeking specific advice, please see our post here. Any course of action chosen by a medallion owner involves NYS debtor/creditor law, bankruptcy law and tax law. Medallion owners are advised to seek legal counsel and to proceed with caution.

Many readers have also asked about timing. Assuming the bank or fund that made them the loan is in financial trouble, are they better off negotiating a settlement now or waiting to see what the future holds? This author has negotiated with buyers of distressed debt (defaulted or written off credit card debt) and often those creditors can be more difficult to deal with than banks.

However, in this author’s opinion, taxi medallion prices will continue to decrease in value or remain at these low levels, and taxi medallion owners need to develop a strategy to address these issues based on their own facts and circumstances. To discuss your situation regarding tax medallion ownership, please contact Jim Shenwick.


1 month 3 weeks ago

Our February post on taxi medallions and their significant loss in value generated much reader interest. In this month’s email, we’ll update readers on taxi medallions and related issues.

The New York Post reported earlier this month that a taxi medallion recently sold for $241,000-a new low. As recently as three years ago, taxi medallions were selling for $1,300,000-a drop in value of over 80%.  And there are approximately 50,000 Uber drivers in NYC vs. approximately 13,587 yellow cab drivers.

With just 13,587 yellow cabs on New York City’s streets compared to about 50,000 cars from black cab and app services, New Yorkers now have more transportation options than ever before. In New York City, people took fewer trips and spent less on taxis during the first half of last year compared with 2015, according to a November securities filing from lender Medallion Financial Corp.

According to an article in Skift, 81 percent of Capital One's $690 million in loans for taxi medallions are at risk of default. The share of taxi medallion loans Capital One thinks its borrowers won’t be able to repay in full has nearly tripled over the past year, to 51.5 percent. Another 29 percent of Capital One’s loans are to stressed borrowers who could be at risk of default. And  BankUnited told its investors in November that nearly 59 percent of its loans secured by taxi medallions were under water. Close to 95 percent of BankUnited’s loans were to New York City borrowers.
Many readers have asked us what the banks that loaned money to medallion owners can or are doing. Their options are as follows: 1. Close and go out of business; 2. File for chapter 7 or 11 bankruptcy and liquidate or attempt to reorganize; 3. Sell their non–performing loans to third parties such as hedge funds; 4. Restructure their loans from third parties; 5. Seek capital from third parties; or 6. Work to restructure their loans to medallion owners. Which strategy is optimal? The optimal strategy depends on the facts of each case.

For medallion owners whose loans exceed the value of the medallions, the question remains as to what their strategy should be. The key issue for a medallion owner is whether to continue to own and make payments on a medallion loan, where the value of the medallion is far below the loan balance. For those medallion owners seeking specific advice, please see our post here. Any course of action chosen by a medallion owner involves NYS debtor/creditor law, bankruptcy law and tax law. Medallion owners are advised to seek legal counsel and to proceed with caution.

Many readers have also asked about timing. Assuming the bank or fund that made them the loan is in financial trouble, are they better off negotiating a settlement now or waiting to see what the future holds? This author has negotiated with buyers of distressed debt (defaulted or written off credit card debt) and often those creditors can be more difficult to deal with than banks.

However, in this author’s opinion, taxi medallion prices will continue to decrease in value or remain at these low levels, and taxi medallion owners need to develop a strategy to address these issues based on their own facts and circumstances. To discuss your situation regarding tax medallion ownership, please contact Jim Shenwick.


1 month 3 weeks ago

You should complete your Chapter 13 bankruptcy case before you apply for new credit. You should wait the 3-5 years while the case is running since you are holding off your current creditors. In some cases, a vehicle can be purchased and financed after filing, provided a proper motion is brought before the court which+ Read More
The post Credit After Bankuptcy appeared first on David M. Siegel.


1 month 4 weeks ago

Judge Saundra Brown Armstrong of the U.S. District Court for the Northern District of California recently ruled that pending Chapter 13 bankruptcy cases do not need to be included on credit reports. The decision pertains only to cases in progress, and does not affect the inclusion of cases which have already been discharged or dismissed. Our Roseville bankruptcy attorneys examine the court’s decision, explain how long a dismissed or discharged Chapter 13 bankruptcy will remain on your credit report, and discuss how Chapter 13 impacts your credit score.
how to file bankruptcy in california
CA Judge: Pending Chapter 13 Cases Not Required on Credit Reports
California resident Daina Reckelhoff filed for Chapter 13 bankruptcy on April 30, 2015. Her plan of reorganization was approved by the bankruptcy court 33 days later, on June 2, 2015.
Lasting anywhere from three to five years, the reorganization plan is the central feature of every Chapter 13 bankruptcy case, not only in California but throughout the United States. Absent from Chapter 7 bankruptcy, which instead involves liquidation of assets, the Chapter 13 reorganization plan allows debtors to keep their belongings, their vehicles, and even their homes in exchange for monthly payments, which are structured so that secured debts (such as mortgages) and priority debts (such as child support) are paid first.
A Chapter 13 bankruptcy cannot be discharged until the debtor has completed his or her reorganization plan, a process which can take anywhere from 36 to 60 months. Until then, information about the pending case need not be disclosed on the filer’s credit report, as Judge Armstrong recently ruled in Reckelhoff v. Experian Info. Sols, Inc. (2017).
Reckelhoff, claiming damages under both the federal Fair Credit Reporting Act (FCRA) and the California Consumer Credit Reporting Agencies Act (CCRAA), brought the action against Experian after discovering that information about her pending case was absent from her credit report. However, the court dismissed the lawsuit after pointing out that filing for bankruptcy did not necessarily guarantee a future discharge.
Writing the opinion for the court, Judge Armstrong noted, “[T]he mere confirmation of a payment plan is insufficient to alter the legal status of a debt; this is so because if a debtor fails to comply with the Chapter 13 plan, the debtor’s bankruptcy petition can be dismissed – in which case the debt will be owed as if no petition for bankruptcy was filed.”
It should be quickly noted that residents of the Roseville, Sacramento, or Folsom areas will generally file for bankruptcy in the U.S. Bankruptcy Court for the Eastern District of California, which has jurisdiction over Placer and Sacramento Counties, among more than two dozen others. The Sacramento Division processes bankruptcy cases at the Robert T. Matsui United States Courthouse, which is located at 501 I Street in downtown Sacramento. The Sacramento Chapter 13 attorneys of The Bankruptcy Group can make sure that your bankruptcy documents are filed in the right place in a timely fashion.
How Long Does Chapter 13 Last on Your Credit Report?
Regardless of whether the case is ultimately discharged or dismissed, a Chapter 13 bankruptcy will generally remain on your credit report for a period of seven years. Fortunately, the seven-year period begins counting down from the filing date, not the date of discharge (which may fall anywhere from three to five years after the filing date). While the length of time is the same for dismissed cases and discharged cases – seven years, in either situation – case dismissals should be indicated on the credit report.
Each of the three major credit bureaus – TransUnion, Equifax, and Experian – should remove the bankruptcy from your credit report automatically after a period of seven years has elapsed (or, in the case of a Chapter 7 bankruptcy, after a period of 10 years has elapsed). However, it is still a good idea to check your credit report for accuracy. Regardless of when or whether you have filed for bankruptcy in California or elsewhere, you are entitled to receive one free copy of your credit report per year, upon request, from each of the credit bureaus.
Your Credit Score After a Chapter 13 Discharge
The bad news is that Chapter 13 bankruptcy will initially cause a drop in your credit score. The good news is that the drop is only temporary – and furthermore, with many of your debts now manageably restructured thanks to bankruptcy, you will be better able to build and maintain good credit going forward. Though the timeline varies from person to person, most debtors in California are able to establish good credit within approximately two to four years of receiving a bankruptcy discharge.
bankruptcy in california
Bankruptcy Chapter 13 Attorneys Serving Roseville, Sacramento, and Folsom
Proudly serving Folsom, Roseville, and Sacramento, the California bankruptcy lawyers of The Bankruptcy Group have extensive experience helping individuals, married couples, and sole proprietors restructure their debts, save their belongings, and end creditor harassment by filing for Chapter 13. To schedule a free and confidential bankruptcy consultation with our Folsom Chapter 13 attorneys, contact the law offices of The Bankruptcy Group at (800) 920-5351. Alternately, you may wish to speak with our bankruptcy Chapter 7 attorneys or Chapter 11 bankruptcy attorneys.
The post California Court: Credit Reports Not Required to Include Pending Chapter 13 Bankruptcy Cases appeared first on The Bankruptcy Group, P.C..


1 month 4 weeks ago

In the case of Susan G. Brown v. Douglas Ellmann [1], the U.S. Court of Appeals for the Sixth Circuit (the “Sixth Circuit”) recently affirmed a bankruptcy court’s decision to deny a Chapter 7 debtor’s proposed exemptions for the value of redemption rights she enjoyed under Michigan law related to the sale of a property she surrendered to the bankruptcy estate. [1] Case No. 16-1967 (6th Cir., March 20, 2017). Read More ›
Tags: 6th Circuit Court of Appeals, Chapter 7


3 weeks 8 hours ago

tax debt collectionDebt Collectors abusive shakedown
April, 2017 – according an article in the New York Times, Congress instructed the Internal Revenue Service is going to use private debt-collection companies to collect overdue payments from taxpayers, despite this idea being a complete failure in 1996 and again in 2006.  This new provision was buried in a $305 billion highway funding bill – a great place to hide a significant change in the IRS tax debt collection policy.
Who will be harmed?

Nina E. Olson, whose job at the Internal Revenue Service is to be an advocate on behalf of taxpayers, believes that assigning collection to debt collectors is “a bad idea,” she wrote in a letter to Congress. “It disproportionately impacts low-income and other vulnerable taxpayers, and despite two attempts at making it work, the program has lost money both times, undermining the sole rationale for its existence.”

Ms. Olson refers to psychological tricks that may have coerced some debtors into payments they could not afford forcing them to chose between housing or paying tax obligations.  Tactics that are not used by IRS collection agents.
Why is this a problem with this type of tax debt collection?
For many years criminals have preyed on taxpayers, most who are elderly and other vulnerable groups, lying that they represent the IRS.  For years consumer protection groups have been educating the public that IRS agents do not call or email a delinquent taxpayer, instead those contacts are made by letter. For more on that subject read: impersonating I.R.S. collectors.
What companies were hired?
tax debt collectionCongress wants taxes paid before food or housing.
Four – Pioneer Credit Recovery, a subsidiary of Navient, who has a tortured history of poor debt collection practices (fired by Education Department for misleading borrowers) so of course another government agency should offer them the same opportunity to abuse the vulnerable.  CBE Group, ConServe and Performant.  Could there be a problem in giving an organization with a proven history of abuse authority to collect from a vulnerable community?  Now what could possibly happen?
What is the benefit to the collection companies?
They will work on commission, earning up to 25 percent of debts collected.This will definitely encourage abusive behavior!
If history bears out this program will be another complete failure and result again in abuse of the vulnerable.
Proponents of the tax debt collection plan say the potential gain will net $2.4 billion over the next 10 years, yet the two past failed attempts show it cost the tax payer more than was collected.

According to Morgan King:
Key provisions governing private collection of IRS taxes:

  • Taxpayers will be protected by rights provided under the Fair Debt Collection Practices Act (FDCPA).
  • Both private collector and IRS will send letters to the taxpayer informing them about assignment to private collector.
  • Payments are to be made directly to the IRS.

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About the Author:
Diane L. DrainDiane L. Drain is a well known and respected Arizona bankruptcy attorney. She is an expert in both consumer bankruptcy and Arizona foreclosure. Since 1985 she has been a dedicated advocate for her clients and spokesperson for Arizona citizens. Diane is a retired professor of law teaching bankruptcy for more than 20 years. As a teacher she believes in offering everyone, not just her clients, advice about the Arizona bankruptcy laws. She is also a mentor to hundreds of Arizona attorneys.
I would be flattered if you connected with me on GOOGLE+
*From Diane: This article/blog is available for educational purposes only and does not provide specific legal advice. By using this information, you agree there is no attorney client relationship between you and me, and that this information should not be used as a substitute for competent legal advice from an attorney familiar with your personal circumstances and licensed to practice law in your state.*

The post Despite Dismal Past Failures Congress Unleashes New Tax Debt Collection Policy appeared first on Diane L. Drain - Phoenix Bankruptcy & Foreclosure Attorney.


2 months 3 days ago

Wynn at Law, LLC is honored to be part of more successful real estate offers than we can count since the 2008 recession. Every one of them had five components in common that made for ‘clean’ bids and negotiations without animosity.
1) Know what you’re buying. This means getting your property inspected and making sure that your offer is based on what the inspector says. Making an offer with the inspections waived is a huge gamble with one of your largest investments… it can be done, but it takes a perfect storm of knowing the property extremely well, a bargain on the market as-is, and a knowledgeable attorney in your corner. A tip: Walk through the house with an inspector before your offer.
2) Know what it’s worth. Real estate ‘comps’ show what similar homes have sold for in the area. A good agent will produce them for you. You can also sleuth for them on your own through public records. You’ll know what the owner paid when. You can also find permits issued for renovations the current owner made so you’ll know the work was locally inspected.
3) Know your seller. Is the bank selling the property? Or is the owner distressed? Or is the family selling on behalf of a decedent? Each selling situation has its own nuances. For example, the bank is less emotionally attached to a number than a long-time owner.
4) Know your own finances. Offer c-a-s-h. This is true whether it is your cash, or a lender’s money. From the bank’s perspective in a foreclosure or distressed property, by placing a cash offer they view you as not subject to financing. Regardless of whether it’s bank-owned or family-owned property, the seller’s been previously dealing with offers that involve financing.
5) Know your real estate attorney. Wynn at Law LLC knows the real estate in southeast Wisconsin, most of the agents and many of the local lenders. As we mentioned in a previous article, the sooner in the home-buying process our firm is involved, the more we can assist in a smooth, legally sound transaction.
The fair comes in August
Remember our article on honesty? If you’re low-balling an offer just for the sake of doing it, think twice. This tactic can burn your bridges with local realty professionals and homeowners alike. ‘Fair’ isn’t really a real estate term. It’s a subjective concept: What’s fair to the seller or the buyer or the bank are not likely to be the same. Wynn at Law LLC sees the best offers as being equitable, rather than fair. From our experience, the only ‘fair’ upon which there is objective agreement is the one at the fairgrounds in August.
 
*The content and material in this original post is for informational purposes only and does not constitute legal advice.
The post Make an equitable real estate offer with these five tips appeared first on Wynn at Law, LLC.



2 months 4 days ago

This is the bankruptcy case study for Mr. C., who resides in Geneva, Kane County, Illinois. He is in the office to determine whether or not chapter 7 bankruptcy will provide the relief that he is seeking. Let’s look at the facts of this particular case. He is currently the owner of a piece of+ Read More
The post Bankruptcy Case Study For T.C., From Geneva, Illinois. appeared first on David M. Siegel.


2 months 5 days ago

Each California bankruptcy case formally begins with a document known as the “voluntary bankruptcy petition,” regardless of whether the debtor is filing under Chapter 13 (wage earner’s plan, reorganization) or Chapter 7 (straight bankruptcy, liquidation). However, while the bankruptcy petition gets the process started, the debtor will also need some additional forms in order to successfully complete the case and obtain a discharge. Our Roseville bankruptcy attorneys list some of the bankruptcy papers and legal documents a debtor may need to complete their case in California. The exact forms each debtor will file depend on his or her financial circumstances, the type of bankruptcy being declared, and other factors, which is one of the reasons it is so important to be represented by an experienced lawyer.

bankruptcy lawyer california
List of Forms for Debtors Filing Bankruptcy in CA
Not every debtor will need to file all of the following forms in order to receive a bankruptcy discharge. For example, a debtor under Chapter 7 will not be required to file Form B 2300B (Order Confirming Chapter 13 Plan), for obvious reasons. To provide another example, there are many Chapter 7 debtors who choose not to file Form B 103B, which is a voluntary application to have the Chapter 7 filing fee of $335 waived. Likewise, only members of the U.S. Armed Forces need concern themselves with Form B 2020 (Statement of Military Service). Your Chapter 7 bankruptcy lawyer or Chapter 13 bankruptcy attorney will analyze your debts, assets, income, and other factors, such as whether you are filing jointly or individually, in order to determine which forms need to be filed and signed, where, and on what dates.
Debtors should keep in mind that failure to submit the necessary documents with complete, accurate, and up-to-date information could cause detrimental delays, or even result in the dismissal of your case by the U.S. Bankruptcy Court for the Eastern District of California, Sacramento Division. If you are suspected of intentionally submitting incomplete or false information on your bankruptcy papers – for example, intentionally concealing assets or failing to list creditors – you could even be prosecuted for fraud.
With that information in mind, California bankruptcy forms include the following documents:

  • Means Testing Forms

    • Form B 122A-1 – Chapter 7 Statement of Your Current Monthly Income
    • Form B 122A-2 – Chapter 7 Means Test Calculation
    • Form B 122B – Chapter 11 Statement of Your Current Monthly Income
    • Form B 122C-1 – Chapter 13 Statement of Your Current Monthly Income and Calculation of Commitment Period
    • Form B 122C-2 – Chapter 13 Calculation of Your Disposable Income

It is unusual for individual debtors to file under Chapter 11, which is more commonly used by corporations, limited liability companies (LLCs), and other business entities. However, regardless of whether you are a business owner or simply an individual whose financial circumstances happen to be suited to Chapter 11, our Chapter 11 bankruptcy attorneys can help you through the process.

  • Bankruptcy Forms for Individual Debtors

    • Form B 106Dec – Declaration About an Individual Debtor’s Schedules
    • Form B 106Sum – Summary of Your Assets and Liabilities
    • Form B 106A/B – Schedule A/B: Property
    • Form B 106C – Schedule C: The Property You Claim as Exempt
    • Form B 106D – Schedule D: Creditors Who Hold Claims Secured by Property
    • Form B 106 E/F – Schedule E/F: Creditors Who Have Unsecured Claims
    • Form B 106G – Schedule G: Executory Contracts and Unexpired Leases
    • Form B 106H – Schedule H: Your Codebtors
    • Form B 106I – Schedule I: Your Income
    • Form B 106J – Schedule J: Your Expenses
    • Form B 107 – Your Statement of Financial Affairs for Individuals Filing for Bankruptcy
    • Form B 121 – Your Statement About Your Social Security Numbers
  • Additional Forms for Chapter 7 Debtors

    • Form B 108 – Statement of Intention for Individuals Filing Under Chapter 7
    • Form B 318 – Discharge of Debtor in a Chapter 7 Case
  • Additional Forms for Chapter 13 Debtors

    • Form B 2830 – Chapter 13 Debtor’s Certifications Regarding Domestic Support Obligations
    • Form B 3180W – Chapter 13 Order of Discharge (or Form B 3180WH, which is used for Chapter 13 hardship discharges)

Where Can I Get Bankruptcy Forms for Chapter 7 or Chapter 13?
All of the bankruptcy forms listed above are available on the internet and can be individually downloaded from the official website of the United States Courts. Alternately, debtors in the Roseville, Sacramento, or Folsom area can download bankruptcy forms by following three steps:

  1. Visit the website for the U.S. Bankruptcy Court for the Eastern District of California at caeb (dot) uscourts (dot) gov.
  2. Scroll down to the section on “Court Information” and click the “Filing and Fee Information” link.
  3. Click on the link to “Forms Package” and wait for the documents to download.

folsom bankruptcy attorney
Contact Our CA Bankruptcy Lawyers for a Free Consultation
The Bankruptcy Group assists individual debtors, married couples, and business owners file for bankruptcy in the Sacramento area. If you’re thinking about filing for bankruptcy in California, our Folsom Chapter 7 lawyers, Sacramento Chapter 7 lawyers, or Folsom Chapter 13 attorneys can help. For a free and confidential legal consultation about personal bankruptcy or business bankruptcy in California, contact our law offices at (800) 920-5351 today.
The post What Forms Do I Need to File for Bankruptcy in California? appeared first on The Bankruptcy Group, P.C..


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