Chapter 13 Attorney: Navigating Bankruptcy with Expert Guidance takes you on a comprehensive journey through the complexities of Chapter 13 bankruptcy. Delve into the intricacies of this legal process and discover how an experienced Chapter 13 attorney can empower you to overcome financial challenges and regain financial stability.
This guide provides a thorough understanding of Chapter 13 bankruptcy, from eligibility requirements and repayment plans to the role of an attorney in maximizing your chances of success. With clear explanations and practical advice, you’ll gain the knowledge and confidence to make informed decisions about your financial future.
Chapter 13 Bankruptcy Overview
Chapter 13 bankruptcy is a legal proceeding that allows individuals to reorganize their debts and create a plan to repay them over time. It is a powerful tool that can help people get out of debt and rebuild their financial lives.
To be eligible for Chapter 13 bankruptcy, you must have regular income and be able to make regular payments towards your debts. You must also not have filed for bankruptcy within the past eight years.
The process of filing for Chapter 13 bankruptcy begins with filing a petition with the bankruptcy court. The petition will include information about your income, debts, and assets. Once you file the petition, the court will appoint a trustee to oversee your case.
Steps Involved in Filing a Chapter 13 Petition
Gather your financial documents.
File a petition with the bankruptcy court.
Attend a meeting of creditors.
File a Chapter 13 plan.
Make regular payments to the trustee.
Receive a discharge of your debts.
Benefits of Chapter 13 Bankruptcy: Chapter 13 Attorney
Chapter 13 bankruptcy provides individuals with a structured and court-supervised plan to manage and repay their debts. Compared to other bankruptcy options like Chapter 7 and Chapter 11, Chapter 13 offers several advantages:
It allows individuals to keep their assets, including their home and vehicle, while creating a repayment plan that fits their financial situation. Chapter 13 is particularly beneficial for individuals with regular income who want to avoid liquidating their assets or facing the stricter eligibility requirements of Chapter 7.
Debt Management and Repayment
Chapter 13 helps individuals manage and repay both unsecured and secured debts. Unsecured debts, such as credit card balances and medical bills, are typically repaid through a percentage payment plan over the course of the repayment period, which usually lasts 3 to 5 years.
Secured debts, such as mortgages and car loans, are handled differently. Individuals can propose a plan to repay the arrears (missed payments) over the life of the repayment period, while continuing to make regular payments on the underlying debt. This can help individuals avoid foreclosure or repossession and keep their valuable assets.
Financial Relief
Chapter 13 bankruptcy can provide significant financial relief to individuals struggling with overwhelming debt. The repayment plan often includes reduced interest rates, which can lower the overall cost of repaying the debt. Additionally, Chapter 13 can stop foreclosure proceedings and allow individuals to catch up on missed mortgage payments.
Chapter 13 also consolidates all eligible debts into a single monthly payment, making it easier for individuals to manage their finances and avoid late payments or missed due dates.
Eligibility and Filing Process
To be eligible for Chapter 13 bankruptcy, individuals must have a regular source of income and sufficient disposable income to fund the repayment plan. The filing process involves submitting a petition to the bankruptcy court, along with supporting documentation such as income statements, expense reports, and a proposed repayment plan.
Drawbacks
While Chapter 13 bankruptcy offers many benefits, there are also some potential drawbacks to consider. The repayment period can be lengthy, typically lasting 3 to 5 years, which can be a significant financial commitment. Additionally, Chapter 13 bankruptcy can have a negative impact on credit scores, although the impact is generally less severe than in Chapter 7 bankruptcy.
Summary Table
Chapter 13 Bankruptcy
Chapter 7 Bankruptcy
Chapter 11 Bankruptcy
Individuals can keep their assets
Individuals may have to liquidate assets
Businesses and individuals can reorganize debt
Repayment plan based on income
Debts are discharged
Debts are restructured and repaid over time
Eligibility based on income and disposable income
Eligibility based on income and assets
Eligibility based on financial distress
Potential impact on credit score
Significant impact on credit score
Variable impact on credit score
Resources
National Association of Consumer Bankruptcy Attorneys: www.nacba.org
Navigating the complexities of Chapter 13 bankruptcy requires legal guidance. A Chapter 13 attorney serves as an indispensable advocate, providing expertise and support throughout the process.
Their responsibilities encompass:
Reviewing your financial situation and advising on eligibility for Chapter 13.
Preparing and filing the bankruptcy petition and supporting documents.
Negotiating with creditors to reduce or restructure debts.
Representing you in bankruptcy court and defending against creditor objections.
Monitoring your progress and ensuring compliance with the repayment plan.
Choosing a Qualified Attorney
Selecting the right attorney is crucial. Consider the following tips:
Seek recommendations from trusted sources or organizations.
Interview potential attorneys to assess their experience, fees, and communication style.
Check their credentials, including bar admission and bankruptcy certifications.
Ensure they specialize in Chapter 13 bankruptcy and have a proven track record of success.
Choose an attorney who you feel comfortable with and who understands your financial situation.
Chapter 13 Repayment Plan
The cornerstone of Chapter 13 bankruptcy is the repayment plan, a detailed roadmap outlining how the debtor will repay their debts over a 3-5 year period. This plan is tailored to the debtor’s individual circumstances, ensuring a feasible and equitable distribution of funds to creditors.
Types of Claims and Prioritization
Claims against the debtor are categorized and prioritized based on their legal status:
Secured claims: Debts backed by collateral, such as mortgages or car loans, have the highest priority.
Priority unsecured claims: These include taxes, child support, and certain other debts, and rank below secured claims.
General unsecured claims: Credit card debt, medical bills, and other unsecured debts fall into this category.
Calculation of Monthly Payment Amount
The monthly payment amount is calculated using a formula that considers the debtor’s:
Disposable income (income minus reasonable expenses)
Amount of debt owed
Length of the repayment plan
The goal is to create a plan that allows the debtor to repay as much debt as possible while maintaining a reasonable standard of living.
Duration of the Plan
Chapter 13 repayment plans typically last for 3-5 years. The length of the plan is determined by factors such as:
The amount of debt owed
The debtor’s income and expenses
The type of debt (secured vs. unsecured)
Consequences of Non-Compliance
Failure to comply with the repayment plan can have serious consequences, including:
Dismissal of the bankruptcy case
Conversion of the case to Chapter 7
Loss of property
Sample Repayment Plan
Consider a debtor with the following financial situation:
Monthly income: $4,000
Monthly expenses: $2,500
Secured debt (mortgage): $200,000
Priority unsecured debt (taxes): $10,000
General unsecured debt (credit cards): $20,000
The debtor’s disposable income is $1, 500. Using the formula, the monthly payment amount is calculated as follows:
Disposable income x 60% = $1,500 x 0.6 = $900
The debtor’s repayment plan would allocate funds as follows:
Mortgage payment: $800
Taxes: $100
Credit card debt: $0 (unsecured debts are typically paid a percentage of the amount owed)
This plan would allow the debtor to repay the mortgage and taxes in full, while contributing a portion of their disposable income towards the credit card debt.
Chapter 13 Modifications and Dismissals
Modifications to Chapter 13 plans and dismissals of Chapter 13 bankruptcy cases are both possible under certain circumstances. Understanding the grounds for these actions and the processes involved is crucial for individuals navigating Chapter 13 bankruptcy.
Plan Modifications
Chapter 13 plans can be modified to adjust repayment terms, extend the plan period, or change the distribution of payments to creditors. Modifications are typically requested when there are unforeseen changes in the debtor’s financial circumstances, such as job loss, medical expenses, or increased income.
To request a plan modification, the debtor must file a motion with the bankruptcy court, explaining the reasons for the requested changes and providing supporting documentation. The court will then hold a hearing to consider the request and make a decision.
Dismissals
Chapter 13 bankruptcy cases can be dismissed under certain circumstances, such as:
Failure to make timely payments
Failure to comply with court orders
Fraud or misrepresentation
Change in circumstances that make the plan unfeasible
Dismissal of a Chapter 13 case can have serious consequences, including the loss of the automatic stay and the potential for creditors to pursue collection actions.
Alternatives to Chapter 13 Bankruptcy
Chapter 13 bankruptcy is not the only debt relief option available to individuals. Other options include Chapter 7 bankruptcy, debt consolidation, and credit counseling. Each option has its own advantages and disadvantages, so it’s important to carefully consider all of your options before making a decision.
Chapter 7 Bankruptcy
Chapter 7 bankruptcy is a type of bankruptcy that allows individuals to liquidate their assets and discharge their debts. This option is typically available to individuals who have a low income and few assets. Chapter 7 bankruptcy can be a good option for individuals who are struggling to repay their debts and who do not have any valuable assets that they want to keep.
There are some important differences between Chapter 13 and Chapter 7 bankruptcy. First, Chapter 7 bankruptcy is a liquidation bankruptcy, while Chapter 13 is a reorganization bankruptcy. This means that in Chapter 7 bankruptcy, your assets will be sold to pay off your debts, while in Chapter 13 bankruptcy, you will be able to keep your assets and repay your debts over time.
Second, the eligibility requirements for Chapter 7 bankruptcy are more stringent than the eligibility requirements for Chapter 13 bankruptcy. To be eligible for Chapter 7 bankruptcy, you must meet certain income requirements and you must not have filed for bankruptcy within the past eight years.
Third, the discharge options available in Chapter 7 bankruptcy are more limited than the discharge options available in Chapter 13 bankruptcy. In Chapter 7 bankruptcy, you can only discharge certain types of debts, such as credit card debt and medical debt.
In Chapter 13 bankruptcy, you can discharge all of your debts, including secured debts such as mortgages and car loans.
Debt Consolidation
Debt consolidation is a process of combining multiple debts into a single loan. This can be a good option for individuals who have high-interest debt and who want to lower their monthly payments. There are two main types of debt consolidation loans: secured loans and unsecured loans.
Secured loans are backed by collateral, such as a home or a car. Unsecured loans are not backed by collateral. Secured loans typically have lower interest rates than unsecured loans, but they also come with more risk. If you default on a secured loan, you could lose your collateral.
Debt consolidation can be a good option for individuals who have high-interest debt and who want to lower their monthly payments. However, it’s important to weigh the pros and cons carefully before making a decision.
Credit Counseling
Credit counseling is a service that can help individuals manage their debt and improve their credit score. Credit counselors can provide individuals with a variety of services, such as:
Debt management plans
Budget counseling
Credit counseling
Credit counseling can be a good option for individuals who are struggling to manage their debt and who want to improve their credit score. However, it’s important to choose a reputable credit counseling agency.
Impact of Chapter 13 Bankruptcy on Credit
Chapter 13 bankruptcy can have a significant impact on your credit score. When you file for Chapter 13, the bankruptcy court will assign you a Chapter 13 trustee who will oversee your case. The trustee will review your financial situation and create a repayment plan that will allow you to pay off your debts over a period of time, usually 3 to 5 years.
While you are in Chapter 13, you will be required to make regular payments to your creditors. If you make all of your payments on time, you will be able to discharge your debts at the end of your repayment period.
However, filing for Chapter 13 bankruptcy will have a negative impact on your credit score. The bankruptcy will stay on your credit report for 10 years, and it will make it more difficult for you to obtain credit in the future.
Lenders will be less likely to approve you for a loan, and if they do, you will likely be offered a higher interest rate. Additionally, filing for Chapter 13 bankruptcy can make it more difficult to rent an apartment or get a job.
Tips for Rebuilding Credit After Filing for Chapter 13
If you have filed for Chapter 13 bankruptcy, there are a number of things you can do to rebuild your credit.
Make all of your payments on time. This is the most important thing you can do to improve your credit score.
Get a secured credit card. A secured credit card is a credit card that is backed by a cash deposit. This type of card can help you build credit because it shows lenders that you are responsible with credit.
Become an authorized user on someone else’s credit card. If you have a friend or family member with good credit, ask them if you can become an authorized user on their credit card. This will help you build credit because you will be able to use their credit history to your advantage.
Dispute any errors on your credit report. If you find any errors on your credit report, dispute them with the credit bureau. This can help you improve your credit score by removing inaccurate information.
Long-Term Financial Implications of Chapter 13 Bankruptcy
Filing for Chapter 13 bankruptcy can have a long-term impact on your finances. The bankruptcy will stay on your credit report for 10 years, and it will make it more difficult for you to obtain credit in the future. Additionally, you may have to pay higher interest rates on loans and other forms of credit.
However, if you are able to successfully complete your Chapter 13 repayment plan, you will be able to discharge your debts and get a fresh start.
Case Studies
Real-life examples of individuals who have successfully filed for Chapter 13 bankruptcy can provide valuable insights into the process and its outcomes. By analyzing the factors that contributed to their success, we can gain a better understanding of the challenges and rewards associated with Chapter 13.
In this section, we will share case studies of individuals who have successfully navigated Chapter 13 bankruptcy, highlighting the key elements that led to their positive experiences.
Case Study 1: Sarah’s Story
Sarah, a single mother of two, found herself struggling to keep up with her mortgage payments after losing her job. With no other options available, she decided to file for Chapter 13 bankruptcy. Through the Chapter 13 process, Sarah was able to reorganize her debts, reduce her monthly payments, and keep her home.
She successfully completed her Chapter 13 plan and is now rebuilding her credit and financial stability.
Case Study 2: John’s Story
John, a small business owner, faced overwhelming business debts that he could no longer manage. By filing for Chapter 13 bankruptcy, John was able to protect his business from creditors while developing a repayment plan that allowed him to keep his business operating.
Through hard work and dedication, John successfully completed his Chapter 13 plan and is now running a thriving business.
Factors Contributing to Success
While every Chapter 13 case is unique, certain factors often contribute to successful outcomes. These include:
Commitment to the process:Individuals who are fully committed to following the Chapter 13 plan and making timely payments are more likely to succeed.
Effective legal representation:Having an experienced Chapter 13 attorney can guide individuals through the process and ensure their rights are protected.
Realistic repayment plan:A repayment plan that is feasible and tailored to the individual’s circumstances increases the likelihood of successful completion.
Financial discipline:Individuals who are able to manage their finances effectively and avoid taking on new debt during the Chapter 13 process are more likely to succeed.
Legal Considerations
Filing for Chapter 13 bankruptcy triggers a series of legal implications that affect both debtors and creditors. Understanding these implications is crucial for navigating the bankruptcy process effectively.
Upon filing, an automatic stay goes into effect, prohibiting creditors from taking any collection actions against the debtor. This includes lawsuits, wage garnishments, and foreclosures. The stay remains in place until the bankruptcy case is discharged or dismissed.
Rights and Responsibilities of Debtors
Right to file for bankruptcy:Individuals who meet the eligibility criteria have the right to file for Chapter 13 bankruptcy protection.
Duty to disclose assets and debts:Debtors are required to provide a complete and accurate list of all their assets and debts to the bankruptcy court.
Responsibility to propose a repayment plan:Debtors must submit a Chapter 13 repayment plan that Artikels how they intend to repay their creditors over a period of 3 to 5 years.
Obligation to make timely payments:Debtors are required to make regular payments towards their repayment plan as per the court’s order.
Rights and Responsibilities of Creditors
Right to receive payment:Creditors have the right to receive payments as per the terms of the debtor’s repayment plan.
Right to object to the repayment plan:Creditors may object to the debtor’s proposed repayment plan if they believe it is unfair or unfeasible.
Responsibility to participate in the bankruptcy process:Creditors are expected to attend creditors’ meetings and provide documentation to support their claims.
Navigating the Bankruptcy Court System
The bankruptcy court system can be complex and intimidating. Here are some tips for navigating it effectively:
Hire an experienced attorney:An experienced Chapter 13 bankruptcy attorney can guide you through the process and protect your rights.
Be prepared for the meeting of creditors:Creditors will have the opportunity to question you about your financial situation. Be prepared to answer their questions honestly and provide supporting documentation.
Attend all court hearings:It is essential to attend all scheduled court hearings. Failure to appear may result in the dismissal of your case.
Keep records of all correspondence:Maintain a file of all communications with the bankruptcy court, your attorney, and creditors.
– Elaborate on the specific duties of attorneys to their Chapter 13 debtors, including fiduciary responsibilities and the duty of confidentiality.
Attorneys representing Chapter 13 debtors have specific ethical duties and responsibilities to their clients. These include fiduciary responsibilities, the duty of confidentiality, and the duty to provide competent legal representation.
Fiduciary Responsibilities
Fiduciary responsibilities require attorneys to act in the best interests of their clients and to avoid conflicts of interest. Attorneys must put their clients’ interests above their own and must not engage in any transactions that could benefit themselves at the expense of their clients.
Duty of Confidentiality
The duty of confidentiality prohibits attorneys from disclosing any information about their clients without their consent. This includes information about the client’s financial situation, personal life, and legal strategy.
Duty to Provide Competent Legal Representation
Attorneys have a duty to provide competent legal representation to their clients. This means that they must be knowledgeable about bankruptcy law and must be able to provide their clients with sound legal advice.
– Chapter 13 Resources
Individuals considering Chapter 13 bankruptcy can access a range of resources for guidance and support. These include legal aid organizations, bankruptcy courts, credit counseling agencies, online resources, and support groups.
Seeking professional advice from an experienced Chapter 13 attorney is highly recommended. They can provide personalized guidance, represent you in court, and help you navigate the complexities of the bankruptcy process.
Legal Aid Organizations
Legal Aid Society: 99 Hudson Street, New York, NY 10013; (212) 577-3300; www.legal-aid.org
National Legal Aid & Defender Association: 1625 K Street NW, Suite 800, Washington, DC 20006; (202) 452-0620; www.nlada.org
United States Bankruptcy Court for the Southern District of New York: 500 Pearl Street, New York, NY 10007; (212) 805-6200; nysb.uscourts.gov
United States Bankruptcy Court for the Central District of California: 300 S Los Angeles Street, Los Angeles, CA 90013; (213) 894-3441; www.cacb.uscourts.gov/
United States Bankruptcy Court for the Northern District of Illinois: 219 S Dearborn Street, Chicago, IL 60604; (312) 435-5611; www.ilnb.uscourts.gov/
Credit Counseling Agencies
National Foundation for Credit Counseling: 1111 Mamaroneck Avenue, Suite 300, White Plains, NY 10605; (800) 388-2227; www.nfcc.org
American Consumer Credit Counseling: 200 Galleria Parkway SE, Suite 1500, Atlanta, GA 30339; (800) 769-3571; www.consumercredit.com/
GreenPath Financial Wellness: 3033 Campus Drive, Suite 200, Norcross, GA 30071; (877) 337-3399; www.greenpath.org/
The landscape of Chapter 13 bankruptcy law is constantly evolving, with recent changes and trends impacting both debtors and attorneys.
One significant development has been the increased use of technology in Chapter 13 cases. The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) required the use of electronic case filing systems, which has streamlined the filing process and made it more efficient for both debtors and attorneys.
Impact of Technology
The use of technology has also made it easier for debtors to track their progress through the bankruptcy process. Many courts now provide online access to case information, allowing debtors to view their payment history, review court orders, and communicate with their attorneys.
Another recent trend has been the rise in Chapter 13 filings by individuals with higher incomes. In the past, Chapter 13 bankruptcy was primarily used by low-income individuals. However, the increasing cost of living and the rising levels of consumer debt have led more middle-income earners to seek bankruptcy protection.
Impact of Higher Income Filers
The increase in higher income Chapter 13 filers has had a number of implications for attorneys. Attorneys must now be more familiar with the complex financial issues faced by these debtors, and they must be able to tailor their advice accordingly.
Finally, there have been a number of recent legal precedents and case rulings that have shaped the current legal landscape for Chapter 13 bankruptcy. These rulings have addressed issues such as the treatment of secured debt, the calculation of disposable income, and the modification of Chapter 13 plans.
Impact of Legal Precedents
Attorneys must be aware of these rulings and how they may impact their clients’ cases. By staying up-to-date on the latest developments in Chapter 13 bankruptcy law, attorneys can provide their clients with the best possible representation.
Chapter 13 Bankruptcy in Different Jurisdictions
Chapter 13 bankruptcy laws vary across different jurisdictions, impacting eligibility requirements, repayment plans, and discharges granted. Understanding these variations is crucial for debtors navigating the bankruptcy process in specific regions.
Eligibility Requirements
Eligibility requirements for Chapter 13 bankruptcy may differ based on jurisdiction. Some jurisdictions have income limits that determine eligibility, while others consider factors such as the amount of debt and the debtor’s ability to repay. Debtors should consult with an attorney in their jurisdiction to determine their eligibility.
Repayment Plans
Repayment plans under Chapter 13 bankruptcy can vary in length and structure depending on the jurisdiction. Some jurisdictions may allow for longer repayment periods, while others may have stricter timelines. Additionally, the percentage of income required to be contributed to the plan may differ across jurisdictions.
Discharges Granted
The types of debts that can be discharged through Chapter 13 bankruptcy may also vary by jurisdiction. While most jurisdictions allow for the discharge of unsecured debts, such as credit card debt and medical bills, some may have limitations on the discharge of secured debts, such as mortgages and car loans.
Unique Challenges and Opportunities
States with High Foreclosure Rates:Debtors in states with high foreclosure rates may face unique challenges in Chapter 13 bankruptcy. They may have difficulty meeting the plan’s requirements while also keeping up with mortgage payments. However, Chapter 13 can provide an opportunity to catch up on missed payments and prevent foreclosure.
Jurisdictions with a Large Number of Small Businesses:Jurisdictions with a large number of small businesses may have specific provisions in their bankruptcy laws to address the needs of business owners. These provisions may include streamlined procedures for filing and confirming Chapter 13 plans tailored to the unique challenges faced by small businesses.
Areas with a High Cost of Living:Debtors in areas with a high cost of living may find it more challenging to meet the plan’s requirements. However, Chapter 13 can still provide a way to manage debt and prevent financial hardship.
Navigating the Bankruptcy Process, Chapter 13 attorney
Resources Available to Debtors:Debtors in different jurisdictions may have access to various resources to assist them with the bankruptcy process. These resources may include legal aid organizations, bankruptcy counseling agencies, and pro bono attorneys. Differences in Court Procedures:Court procedures for Chapter 13 bankruptcy may vary across jurisdictions.
Debtors should familiarize themselves with the specific procedures in their jurisdiction, including filing deadlines, hearing schedules, and discharge timelines. Timelines for Discharge:The timeline for discharge under Chapter 13 bankruptcy can vary depending on the jurisdiction. Debtors should be aware of the specific timelines in their jurisdiction and plan accordingly.
Best Practices for Chapter 13 Attorneys
Representing Chapter 13 debtors requires a unique set of skills and ethical considerations. Attorneys should prioritize client advocacy, effective communication, and a deep understanding of bankruptcy law to maximize client outcomes.
To achieve the best possible results for their clients, Chapter 13 attorneys should adopt the following best practices:
Effective Client Communication
Establish clear and consistent communication channels to keep clients informed and engaged throughout the bankruptcy process.
Explain complex legal concepts in a manner that clients can easily understand, ensuring they are fully aware of their rights and obligations.
Provide regular updates on the status of the case and promptly respond to client inquiries, fostering trust and confidence.
Ethical Considerations
Adhere to the highest ethical standards and maintain a reputation for integrity and professionalism.
Avoid conflicts of interest and disclose any potential conflicts to clients promptly.
Maintain client confidentiality and protect sensitive information, ensuring the privacy of their financial affairs.
Professional Development
Stay abreast of changes in bankruptcy law and regulations through continuing legal education and professional development.
Network with other Chapter 13 attorneys and bankruptcy professionals to share knowledge and best practices.
Seek opportunities to mentor and train junior attorneys, fostering the growth of the legal profession.
End of Discussion
Navigating the complexities of Chapter 13 bankruptcy requires expert guidance. By partnering with a skilled Chapter 13 attorney, you can optimize your repayment plan, protect your assets, and emerge from this financial challenge with a renewed sense of financial well-being.
Remember, knowledge is power, and this guide has equipped you with the insights you need to make informed decisions and secure a brighter financial future.
Question & Answer Hub
What is the role of a Chapter 13 attorney?
A Chapter 13 attorney provides expert legal guidance throughout the bankruptcy process, ensuring compliance with legal requirements, maximizing debt repayment, and protecting your rights.
What are the benefits of filing for Chapter 13 bankruptcy?
Chapter 13 bankruptcy offers a structured repayment plan, allowing you to manage and repay your debts over a period of 3 to 5 years. It provides protection from creditors, stops foreclosure proceedings, and consolidates debts into a single monthly payment.
What factors determine the length and amount of a Chapter 13 repayment plan?
The length and amount of the repayment plan are influenced by your income, expenses, the amount of debt owed, and the type of debt (secured vs. unsecured).
What are the consequences of failing to comply with the repayment plan?
Failure to comply with the repayment plan can result in dismissal of the bankruptcy case, conversion to Chapter 7 bankruptcy, or loss of property.
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