New Improved Minnesota State Exemptions

Minnesota shields your home and necessities of life from creditors.

By Dave Kelly, Minnesota Bankruptcy Lawyer

Historically Asset Protection was Sadly Inadequate

If you have been watching the videos on my channel or reading my blog posts, you may have come across the ones where I whine about how poor and porous the Minnesota state exemption statute has been. Up until this year what we had in this state for an exemption statute was a bit of an embarrassment. The only electronics exempted were a phonograph, a radio and a TV. Computers were not exempt. Neither were cell phones, tablets or any other electronic devices.

There was no jewelry exemption except for wedding rings, and that was limited to rings actually exchanged at a wedding ceremony. Things we consider necessities in this climate, such as riding lawn mowers and snow blowers, were not exempt. Over the years there were several attempts to update the statute, which for the most part failed. Until now.

Major Exemption Reform Now in Effect

On August 1st a massive update went into effect. Finally! It is now possible to file a Chapter 7 bankruptcy using the Minnesota state exemptions and still keep most if not all of the necessities of life. Here are some of the items that have been either added or expanded upon:

1.    The family Bible, Torah, Qur’an, prayer rug, and other religious items in an aggregate amount not to exceed $2,000 in value. (550.37, Subd. 2) Before the only exemption was for the family Bible.

2.    A personal library in an aggregate amount not exceeding $750.  (Subd. 2a) This is about the same as the old provision except a dollar amount has been added. Without the dollar amount this provision was of little value because it was probably unconstitutional. The Minnesota constitution says that the legislature can pass laws exempting a reasonable amount of property. Our court has said this means that if a limit of some kind on the amount exempted is not specified, it’s not constitutional.

3.    Musical instruments in an aggregate amount not exceeding $2,000. (Subd. 2b) This is also not new except that a dollar amount has been added. Now the exemption can be used because it should now be in compliance with our state constitution.

4.    All public assistance based on need and the earnings or any person who is a recipient of public assistance. (Subd. 14) This section has been amended to specifically include certain tax credits including the Minnesota renter’s credit.

5.    The household goods exemption has been expanded to include computers, tablets, printers, cell phones, smart phones, and other consumer electronics. (Subd. 4b) Previously there was almost no exemption for electronic devices. A provision for household tools and equipment – such as lawn mowers and snow blowers – was also added. Previously riding lawn mowers and snow blowers were not exempt. (Subd. 27)   

9.    In the event that your wages are garnished: There is an exemption for 75%, 85% or even 90% of your disposable earnings, based on a complicated sliding scale. It depends on how much is earned compared to the minimum wage. (571.922) These limits don’t apply to child support. But watch out: The sliding scale with the 85% and 90% limits doesn’t go into effect until April 1, 2025, and then only for legal actions started after that date.  Until then the limit for most people is a flat 75%.

10.    Debtor’s interest in jewelry up to a value of $3,062.50. Previously there was no exemption at all for jewelry, except for wedding rings.

11.    One motor vehicle to the extent of a value not exceeding $10,000. This is double the previous exemption.  (Subd. 12a) 

12.    Last but not least.  Here’s what might be the best thing given to us by the legislature in 2024:  a wild card exemption, which can only be used in bankruptcy, in the amount of $1,500.  If you are filing a bankruptcy, this can be used to exempt up to another $1,500 of any asset that doesn’t fit under one of the other categories.

Minnesota Chapter 7 Now Relatively Painless

Between these new or expanded exemptions and the old exemptions, I am thinking that most of my clients who need to use state exemptions will now find a Chapter 7 bankruptcy to be relatively painless. In many cases the only thing that will still not be exempt will be tax refunds. For a more complete discussion of Minnesota state exemptions, check out exemptions page.

Better call Dave. 952-544-6356.

Top 7 Myths About Bankruptcy: Myth No. 3 – My Credit Will Be Ruined For 10 Years or More

Credit report obtained by lawyer

By Dave Kelly, Minnesota Bankruptcy Lawyer

I don’t claim to be a credit expert. What I know about credit and the effect of bankruptcy filing on it is what I hear from my clients. Almost everything I know is hearsay. It would not be admissible as evidence in court. But I’ve heard the same thing many times and from many different people. I may have some wisdom on the subject that I can pass along.

Won’t Bankruptcy Wreck My Credit?

One of the most common questions I hear is on the phone is “won’t filing bankruptcy wreck my credit forever?” Typically these callers are deep in debt. They are spending all their energy trying to juggle various credit accounts – accounts that they will never be able to pay. They may be using credit to pay credit, taking cash advances on one to make payments on another. The juggling act gets to the point that it is hard to think about or imagine anything else.

The answer to the question is NO. It is true that the bankruptcy filing will show on your credit report for ten years. But it is not true that your credit will be harmed for that whole time.

You’ll Get Credit Offers Right After Your Bankruptcy is Filed

Almost as soon as the case is filed, there are predatory lenders who will offer you credit cards and car loans. The terms for these will be terrible. Interest rates will be high, late fees will be high, and credit limits will be low. It is best to avoid these credit offers if you can. My advice as a general rule usually is stay away from these offers and live without credit for a while. One exception might be when you need a credit card for work or for essential travel. If you do get such a card, it’s important to pay it off every month. Don’t let them get their hooks into you again.

Another exception would be when you just have to get another car. Surrendering your previous car might have been necessary. You may have been really up-side-down on the loan, or you may have had a catastrophic mechanical issue. But now the only way to get another vehicle might be to get one of the loans you are being offered.

Three Years After Bankruptcy

Your credit prospects will improve with time. Within one year after your bankruptcy, you may be surprised to see your credit score going up. At first that doesn’t necessarily mean that you will be eligible for much. But after a couple more years of clean living, you will start noticing that your credit has bounced back. At about the three year mark after the case is completed, I will typically get a phone call from my former clients. My clients tell me that they are about to refinance a mortgage, buy a house or buy a car. There is a loan officer who says the loan will be approved, but first some details about the bankruptcy are needed. This is info that I can email. They thank me for my help in getting the loan. Also they usually tell me that things are really going well and they are glad they did the bankruptcy.

There is a point somewhere between three and five years after the case is done where the bankruptcy just doesn’t affect credit any more. The greatly improved debt to income ratio may even result in much better credit than before.

Credit Might Not Be Helping You

Maybe your credit looks pretty good right now. But if you are doing a juggling act to keep it up, it might be hurting you more than helping. Imagine what it would be like to get off the treadmill and be free of all that debt. If you could just get rid of all that debt, there wouldn’t be such a great need for more and more credit. Perhaps it’s time to call someone to explore the fresh start that bankruptcy offers.

Top 7 Myths About Bankruptcy: Myth No. 2 – I Will Lose my House and my Car

Doghouse foreclosed

By Dave Kelly, Minnesota Bankruptcy Attorney

Introduction

This is the second post in my series about what I consider to be the top seven bankruptcy myths. When a potential client calls me for the first time one of the most common questions I hear is “I’ll lose my house if I file bankruptcy won’t I?” OR “I’ll have to give up my car if I file bankruptcy, right?” The answer to both of these questions is almost always NO, but sometimes I have a hard time convincing the caller. This myth seems to be a very powerful one that many people have been hearing all their lives.

The Debt is Discharged but Not the Lien

In the vast majority of cases my clients get to keep their house, if they have one, and keep their car – unless for some reason they don’t want to keep these things. Please understand that bankruptcy makes the debt go away but in general it does not release the lien of a mortgage or car loan. If there is a mortgage on your house, the house will still have the mortgage when you are done with the bankruptcy. And if there is a loan against your car, properly filed with the state so that is is listed on the car title, the lien from that loan will also still be there after the bankruptcy. Unless the debt is reaffirmed, you will no longer owe personally on the car loan and mortgage. But it is very much like the car still owes the car loan and the house still owes the mortgage.

Protect Your Equity by Claiming it as Exempt

Now if there is equity in the car or house, and there usually is, that equity is an asset in the bankruptcy case. By equity I mean the difference between what is owed and what the asset is worth, assuming it is a positive number. When a straight Chapter 7 bankruptcy is filed, a trustee is appointed by the court. The trustee’s job is to find assets that can be seized and divided among the creditors. My job, however, is to prevent that from happening. With houses and cars it is usually fairly easy. The way to keep the trustee from taking an asset is to claim it as exempt. There is usually enough exemption to cover the equity in a car; and there is almost always enough Minnesota exemption to cover the equity in a house.

In Minnesota we get to choose between two exemption lists – either the state exemptions or the federal exemptions. Under the state exemptions a debtor is allowed an exemption of up to $480,000 of equity in a homestead and up to $5,200 or equity in a motor vehicle. The federal exemptions are not so good for protecting a homestead, but for a car they protect up to $4,450 of equity in a motor vehicle. The federal exemptions also contain a wile card of more than $15,000, under which anything not otherwise exempt can still be claimed as exempt. If there’s a lot of equity in a car, the wild card can be very handy to protect whatever is not covered by the automobile exemption.

Bottom Line

In the vast majority of cases, Minnesota residents who file bankruptcy are able to keep their vehicles and keep their homes. Those who tell you otherwise are perpetuating a common myth.

Big Bump in Median Incomes April 2023

Increasing median incomes

By Dave Kelly, Minnesota Bankruptcy Attorney

Qualifying for a Straight Bankruptcy

The most common type of bankruptcy is Chapter 7. It also tends to be the most desirable form of bankruptcy. Often it is referred to as “straight bankruptcy.” It is the type of bankruptcy where usually you can get rid of all your unsecured debt in just a few months with minimal cost. There is typically no payment plan, just relief from your debt.

The best way to qualify for a Chapter 7 is to have annual income below the median for your household size in your state. If your income is a bit higher than that, you might still be able to qualify by passing a means test; but the means test is not all that easy. I would prefer to have your income below the median if we are going to do a Chapter 7. If it is much above the median, I would probably suggest a Chapter 13.

Meidan Income – A Moving Target

The US Trustee’s office has just announced the biggest increase in Minnesota median incomes for bankruptcy purposes that I can remember seeing. I calculate that the increases are around 8% for all the household sizes between one and four. Since these increases are supposedly based on a six month period, they seem to be thinking that median incomes in Minnesota have been increasing by 16% on an annual basis. I find that hard to believe, but I won’t complain.

Most years the median income numbers are adjusted on April 1st and again on November 1st. Sometimes they all go up, sometimes they all go down, sometimes the ups and downs are mixed, and sometimes they don’t change at all. Every state is different and is assigned their own set of numbers.

Latest Numbers for Minnesota

Here’s the exact Minnesota numbers as of the recent update copied from my Chapter 7 page:

One person: $  71,643

Two people: $  90,946

Three people: $ 114,267

Four people: $ 141,324

Add $9,900 for each individual in excess of4

For a household of one the increase is $5,309 per year. For a household of two it’s a $6,739 per year increase. It’s $8,467 for a household of three, and $$10, 472 for a household of four. If you thought you didn’t qualify for a Chapter 7 before, take another look. These numbers could make a big difference.

Call or text me at 952-544-6356. We can set up a time for a free telephone consultation to talk over the details of your case.

Hearings Never Going Back to the Way They Were

Lawyer wingtip shoes

By Dave Kelly, Minnesota Bankruptcy Lawyer

What Happens at the Meeting of Creditor Hearing

About a month after a personal bankruptcy is filed, whether it’s a Chapter 7 or a Chapter 13, there is a hearing they call the “First Meeting of Creditors.” Most of the time I just call it the “hearing”, although the official name is “First Meeting of Creditors.” I think “hearing” is a more accurate term because for one thing, in the vast majority of cases, the last thing you will ever see at one of these events is a creditor. The creditors are invited to appear, but they know it’s a waste of their time and almost never show up.

“Hearing” is also a good way to describe what happens. The process is presided over by either the bankruptcy Trustee or a lawyer on the staff of the bankruptcy Trustee. This Trustee is not a judge, but from my perspective he or she might was well be. Nobody has more power or influence over how the case goes than the Trustee. The person who filed the bankruptcy is put under oath and asked a series of questions. Depending on the answers, things can expand into even more questions. In a simple case it might only take ten minutes. But I have seen complicated cases where it has taken over an hour; and in those more complicated cases it can easily take more than one sitting.

Traditionally these hearings/Meetings of Creditors always took place at a federal courthouse or some other location like a federal courthouse, depending on the county in which the Debtor lived. I would put on my traditional lawyer outfit, including my lawyer shoes, and head for the designated location. I had it down to a science. I knew where I wanted to park and where I wanted to meet my clients before the hearing. It was usually kind of fun, because I would see my lawyer friends there. This was the norm. It was how things were done.

Covid Hit and Everything Changed

In early 2020 when Covid hit the whole process changed dramatically. The Trustees started conducting these hearings remotely by Zoom or some similar method. Everyone assumed this change was temporary and we’d be back to the courthouses when the virus passed. It never occurred to any of us that the change might become permanent. There may have been jokes about it becoming permanent, but nobody considered it a serious possibility – at first.

But I did start noticing that not going downtown saved time, and grief and parking money. People including the Trustees started to like doing it remotely, so did I. Many of my clients said they didn’t want to go downtown and expressed relief that we were not going to have to. My clients could stay home if they wanted to and do the hearing from there; but it has always been my preference to have them come to my office for the hearing. Even if we are not going down to a courthouse, I still think there is a tremendous benefit to being physically present in the same room with my clients when this hearing takes place. As I have always done, I like to meet early before the hearing with my clients and do preparation. I almost always know approximately what the Trustee will be asking. I want to go over the expected questions with my client and have my client as ready as possible.

When Are We Going Back to In-Person? Never!

Late last year as I usually do I attended the Bankruptcy Institute, a big series of classes and talks put on by Minnesota Continuing Legal Education. I was assuming that one of the things I would learn would be what the plans were for returning to in-person hearings for the Meetings of Creditors. In-person hearings were already taking place before the judges for the more complicated matters such as motions, adversary proceedings and reaffirmation agreements. Instead what I heard was that the switch to remote for the Meetings of Creditors was going to be made permanent. A nationwide protocol for doing it by Zoom on a permanent basis was going to be promulgated some time in 2023.

My Lawyer Shoes Continue to Gather Dust

Usually I manage to avoid those in-person hearings in front of the judges. Those tend to only be required if something has gone wrong with the case. If the case is put together well, we should be able to stay away from the judges. So these days I am only dressing like a lawyer from the waist up. It may be a long time if ever that I again have to wear the pants that come with my suit. The same goes for my lawyer wingtip shoes, which have been gathering dust in the corner of my bedroom. Maybe I’ll just have to wear the pants and the shoes some time for the heck of it.

Call Dave at 952-544-6356

November 1st Median Income Surprises

I just received word that the US Trustee’s office has again released new median income numbers for Minnesota.  If you want to file a Chapter 7 bankruptcy, it is best if your household income is below these medians for your household size.  

​The new number for a household of one is $66,334 per year.  For a household of two it’s $84,207; for a household of three $105,800; and for a household of four is up to $130,852.

The numbers are based on data from the U.S. Census Bureau.  The figures have increased for a household of one and for a household of four, but have gone down for households of two and three. The increase for a household of one was about $800 per year, and for a household of four it was about $5,000 per year.  But for a household of two it has gone down by $645 and for a household of three it’s down by $2,151. Certainly it’s a mixed bag this time. If you thought you might not be eligible for Chapter 7, look again. The history here seems to be that every time they do an update, the numbers go up at least a little bit; although that was not the case in all categories this time.. 

​People who were not eligible before for a Chapter 7 bankruptcy might be eligible now.  I do free telephone consultations.  952-544-6356.  Wouldn’t hurt to check with me to see if you qualify.

Children’s Bank Accounts At Risk in Chapter 7 Bankruptcy

Kid's savings accounts

By Dave Kelly, Minnesota Bankruptcy Lawyer

Recently a potential client made a hasty exit from my office after I explained that the accounts that had been set up for the children could be at risk in a Chapter 7 bankruptcy. What kind of account you set up for your children, how much you put in it and when can all make a big difference. I feel a blog post on this subject coming on. At least one post, maybe two. If you have bank accounts for your children, be sure you tell your lawyer about them.

Please note that in this article I am talking only about Chapter 7 bankruptcy. Chapter 13 bankruptcy is a whole other topic. Some of the problems described here could be more easily resolved in a Chapter 13.

529 College Savings Accounts

A 529 savings account may be the safest way to save money for your children’s college. Much like a 401K, the money you put in should be tax deductible. Such accounts are not always protected when you file bankruptcy. You have to look at how much you deposited and how long ago that was.

Any amount deposited more than two years before filing the bankruptcy should be protected. Funds that were deposited between two years and one year before the filing date are protected up to $6,425. Any more than that belongs to the bankruptcy estate and probably will be claimed by the bankruptcy trustee. AND any amount deposited within one year before filing the bankruptcy is not protected at all. Again, that amount will be claimed by the bankruptcy trustee.

Uniform Transfer to Minors Act (UTMA) Accounts

These are accounts set up under state law. The account is in the child’s name and is held under the child’s social security number. In your bankruptcy papers it would typically be listed under property held for another. The law requires, however, that an adult be named as the custodian of the account. The adult will manage the account until the child turns 18, then the money can be claimed by the child. How safe or unsafe the money in one of these accounts is depends on when the money was put in and by whom.

As a general rule, if the money in the account came from Grandma or some other third party, it should be safe. Because it never was your money. It would be best if you had records that can prove it never was your money. If you put the money in and now you want to file a bankruptcy, there could be a problem. Minnesota has a fraudulent conveyance statute that has a six year look back period. If that was money that you could have used to pay your debts but you put it in the child’s account instead, the bankruptcy trustee might be able to claw it back out of that account.

Joint Savings Account with Your Child

Of the accounts I am talking about here, this could be the most difficult kind. Your name is on the account along with the child, so how do your prove it’s not yours. For one thing it has to be listed in the bankruptcy petition along with all the other accounts your name is on. If the money did come from you, there is the same “fraudulent conveyance” problem I mentioned above. If the money came from a third party, however, like Grandma, I hope you have good records to prove that. Minnesota does have a statute that says money in a joint account belongs to the person who deposited it. If the money never was yours and you can prove it, the account is probably safe. It would help if the amount is relatively small. The larger the balance, the more likely it is that the trustee would try to make an attempt to grab it.

What if the Money in the Account is from Social Security?

Some children receive a Social Security benefit because their parent has died or or disabled. This money, however, is supposed to be available to the child’s custodian to pay for the child’s living expenses. Social Security money is generally exempt and can’t be touched. But it better be in an account where you can prove that’s what it is. Assuming you are the child’s custodian, it would be best if you were using at least some of it for the child’s expenses. If you just bank the whole thing and never touch any of it, you could appear to not be making your best efforts to avoid bankruptcy. The trustee might not be able to touch the money, but I fear the trustee could object that the case is not being filed in good faith. No such objection has ever happened in any case of mine, but I can’t promise it would never happen if the facts were lined up as I just described.

Conclusion

I have had many cases involving children’s savings accounts fly through with no problem. But as you can see, there are a lot of ifs, buts and maybes concerning these accounts. Don’t assume you know what to do or how to handle these. You need to have the accounts reviewed by an experienced lawyer well in advance of any bankruptcy filing.

Better call Dave. 952-544-6356.

Welcome to My Youtube Channel

welcome to Dave's bankruptcy Youtube channel

By Dave Kelly, Minnesota Bankruptcy Attorney

Youtube recommends that every channel should have a welcome video. The video designated as the welcome video will be the first thing a person sees when they go to a particular channel. The video should be a short statement of what the channel is about and what information can be found there. My channel has videos going back to 2007; but until now there was no welcome video. I just uploaded it a few days ago, and here it is:

Information you can find on my Youtube channel includes but is not limited to the following:

Going to jail for debt
Bank accounts – which ones should be closed
Questions to expect at the hearing
Documents you will be required to produce
What about rental properties in bankruptcy
Property that is exempt
What does bankruptcy cost
Debt settlement programs
7 things to not do before bankruptcy
7 things you should consider doing before bankruptcy

You will also find a lot of information about how to qualify for bankruptcy and what kind of bankruptcy you might qualify for.

It looks like my videos are attracting quite a bit of traffic. Youtube is peppering my videos with all sorts of commercials over which I have no control and from which I don’t get a cent. In order to get paid anything at all from the advertising revenue, they require a lot more subscribers than I currently have. So please do me a favor. If you find my channel helpful at all, PLEASE SUBSCRIBE.

Fresh Increases in Minnesota State Exemptions

Exempt property claim form

By Dave Kelly, Minnesota Bankruptcy Lawyer

In a Chapter 7 bankruptcy if you want to keep your assets and belongings, they have to be claimed as exempt under an applicable exemption law. In Minnesota there are two exemption laws to choose from, the federal list and the state list. I have written a lot elsewhere about why one would choose one list or the other. That is not my topic here. I just want to talk about how most of the state exemptions are going up in a few days. The federal exemptions were increased on April 1st this year. I covered that in a recent blog post.

On July 1st in even numbered years, certain parts of the Minnesota state exemptions are updated to keep up with inflation. Since this year is even numbered, we are about to have another update. I am glad to see that all the numbers which can be changed are going up.

Summary of Minnesota Exemption Increases

  • Household furniture, household goods increased from $11,250.00 to $11,700.00.
  • Wedding rings increased from $3,062.50 to $3,185.00.
  • Tools of the trade increased from $12,500.00 to $13,000.00.
  • Life insurance benefits increased from $50,000.00 to $52,000.00.
  • Additional dependent insurance benefits increased from $12,500.00 to $13,000.00.
  • Motor vehicle increased from $5,000.00 to $5,200.00.
  • Insurance policies increased from $10,000.00 to $10,400.00.
  • Employee benefits (retirement accounts) increased from $75,000.00 to $78,000.00.
  • Homestead (limited to 160 acres) increased from $450,000.00 to $480,000.00.
  • Homestead used primarily for agriculture increased from $1,125,000.00 to $1,200,000.00.

Our Minnesota State Exemptions Remain Far from Perfect

For a more complete rundown on how this all works, take a look at my exemptions page. These state exemptions leave a lot to be desired. They have a lot of gaps which seem to always allow the bankruptcy trustees to require my clients to buy back some of their stuff. Most jewelry is not exempt. Most electronics are not exempt. There is no exemption that covers tax refunds, and there are issues with money in bank accounts. I have ranted about this on this blog before. The legislature needs to fix it but they don’t.

The Minnesota state exemptions are primarily good for one thing. They allow you to protect lots of equity in your homestead, unlike the federal exemptions which are very limited in that area. I don’t think any of the increases here have kept up with the real rate of inflation; so in fact we seem to be loosing ground.

If you don’t properly claim any asset as exempt, you risk losing it to the trustee. It’s tricky and risky and should not be attempted without a lawyer.

Qualifying For Chapter 7 and Protecting Assets now Easier

By David Kelly, Minnesota Bankruptcy Attorney

Easier Qualifying for Chapter 7 Bankruptcy in Minnesota

The primary requirement for being able to file a Chapter 7 bankruptcy is to have your income below a certain level. Stated most simply, to qualify for Chapter 7 you want your income to be lower than the median income for your household size in your state. These levels are set by the Department of Justice, US Trustee’s Office; and new, higher numbers came out recently on April 1st. If your income is slightly above the median, there is a means test that you might be able to pass which would allow you to still file a Chapter 7. Doing the means test, however, can sometimes be an invitation to a close scrutiny of the case. Being below the median is best. Here are the April 2022 numbers and how much they just went up.

Minnesota Median Household Income April 2022

One person:    $  65,514 — Up $2,490

Two people:    $  86,358 — Up $3,875

Three people:  $ 106,445 — Up $4,776

Four people:   $ 125,753 — Up $5,533

Five people:   $ 135,653 — Up $6,543

Six people:    $ 145,553 — Up $7,443

More information at https://mn-bankruptcy.com/chapter7.html

Easier Protection for Your Stuff in Minnesota Chapter 7

As soon as you file a Chapter 7 bankruptcy, the court appoints a trustee whose job it is to find assets that can be used to pay all or part of your debt. You really want the trustee to not be able to find any assets, or certainly not much for assets. The way to keep your assets away from the trustee is to claim them as exempt. What you can claim as exempt and how much is obviously very important. In Minnesota you have a choice between a state exemption list and a federal exemption list. In this post I am only talking about the federal list. The federal exemptions just went up in every category. Here are a few typical items and how much they went up. These are just a few examples. It is not anywhere near a complete list.

April 2022 Federal Exemptions

Household goods  $14,875  -  Up $1,475

Car              $ 4,450  -  Up $  450

Tools of Trade   $ 2,800  -  Up $  175

Cash value of
Life Insurance   $14,875  -  Up $1,475

Catch-all        $15,425  -  Up $1,525

More information at https://mn-bankruptcy.com/exemptions.html

There is now word on the street that a round of increases to the Minnesota state exemption list is being contemplated for July 1, 2022. Watch my blog for news about that.

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