Holding a J.D. and an International Affairs M.A. from Marquette University, Matt Leichter (matt [dot] leichter [at] gmail [dot] com) is an attorney licensed in Wisconsin and New York.  Fearing the legal profession’s future, he has begun documenting the law school tuition bubble at his own blog, where you can read his latest posts on the state of legal education in Minnesota, “Land of 10,000 Lakes and One Tuition Bubble: Parts I and II”.

• Click on BK Lawyer Blogs for a state-by-state list of bankruptcy lawyers with their own blogs.
• Have a blog or know a good blog post you think should be included? Or a suggestion for a future BLT theme?  Send an e-mail to BLT [at] bankruptcybill [dot] us with the link.
• Suggestion to bankruptcy lawyers with blogs: Make sure to include a “Search” function somewhere on your blog.  It makes it easier to find topical posts on your blog and increases the likelihood that a post from your blog will be included in BLT.

GENERAL or NON-STATE SPECIFIC

A Clean Slate – the Bankruptcy Law Blog by Andy Winchell

• How I Learned To Stop Worrying And Love The Automatic Stay

American Bankruptcy Institute (ABI) Bankruptcy Blog Exchange

• Hey, That’s My Automatic Stay!
• New Massachusetts Bankruptcy Local Rules
• Creditors Leave Annoying Messages On Debtor’s Telephone Answering Machine
• Spookiest Bankruptcy Opinion of 2009
• All Hope May Not Be Lost For a Seller of Goods to an Insolvent Buyer
• Options for the Distressed Florida Homeowner
• It’s The Debtor’s Vehicle. Give It Back To Him!
• Trustees Can Take Hostages! – They’re Called “Exemptions”
• Counterclaims in Avoidance Actions? Are We Sure We Know Why Not?
• It’s Not Final Until It’s Over

Bankruptcy Case Blog – St John’s University Law School

• A Creditor May Recover Damages for Stay Violation
• Fraudulently Conveyed Assets Are Not Property of the Estate Until Recovered
• Discharge Injunction Requires School to Issue Transcript
• Sixth Circuit Affirms Bankruptcy Court’s Retroactive Conversion Order
• It’s Never Too Late to Deal with Unscheduled Assets
• Master Repurchase Agreement Penetrates the Automatic Stay
• Single Asset Real Estate: Tightening the Noose for Developers?

Bankruptcy Law Network

• Wells Fargo’s Procedure of Freezing Accounts After A Bankruptcy Filing Invalidated
• I’ve Been Sued–Is It Too Late To File Bankruptcy?
• How Not To Successfully Complete A Bankruptcy Case
• Why do I have to reaffirm my car loan?

***SEE MORE BLOG POSTS FROM BANKRUPTCY LAWYERS AROUND THE U.S.***

CreditSlips.org

• Collateral and Derivatives
• Bank of America Settlement—A Sign of True Progress?
• Combining Chapter 13 with a Voluntary Mortgage Modification
• Seen This Movie Before?
• Show Me the Original Note and I Will Show You the Money
• Produce the (Bogus?) Paper
• Dubai World

Consumer Law & Policy Blog

• NCLC Updates: Practice Tools
• Henry Sommer on Mortgage Overcharges and the Need for Reform

MICHIGAN

Law Offices of John M. Hilla, PLLC – Michigan Bankruptcy Lawyer (Southfield, MI)

• What Is the Automatic Stay and How Does it Protect Debtors in Chapter 7 and 13 Bankruptcy?
• What Happens if My Creditors Keep Calling after I File my Bankruptcy Petition?

MASSACHUSETTS

Bill McLeod (McLeod Law Offices) – McLeod Law Blog (Boston, MA)

• When You Discover You Are a Creditor in a Bankruptcy Case
• When the Ex Files for Bankruptcy

Dax B. Grantham, Esq. (Grantham Cencarik, P.C.)

• The Effect of Bankruptcy on Eviction Proceedings

Goldstein & Clegg, LLC – Bankruptcy & Loan Modifications (Lynnfield, MA); also ABA Journal Massachusetts Bankruptcy Blog by Michael Goldstein

• Loan Modifications are not the only option
• Loan Modifications can be done even inside a bankruptcy
• Emotional Distress Damages Awarded for Creditor Violations of the Automatic Stay
• Student Loan Collections stopped by the automatic Stay
• Massachusetts Courts Split Hairs On Who May Seek Stay Relief

Kara O’Donnell, Esq. (Law Office of Kara O’Donnell) – Quincy Bankruptcy Blog (Quincy, MA)

• MA Bankruptcy Attorney – Chapter 7 timeline

Nicolas F. Ortiz, Esq. – Massachusetts Bankruptcy and Consumer Law (Boston, MA)

• New Rules for Mortgage Modifications in Massachusetts Bankruptcy

MARYLAND

Belsky Weinberg & Horowitz – Maryland Bankruptcy Lawyer Blog and Maryland Lawyer Online (Baltimore, Columbia, Greenbelt, Rockville, Glen Burnie, Hagerstown, MD)

• Ninth Circuit Appeals Court Slams Wells Fargo’s Bank Account Freeze Policy
• How bankruptcy can stop foreclosure?

Lawrence & Fisher PLLC – DC Bankruptcy Blog (Washington, D.C.)

• Understanding the Automatic Stay

KANSAS

Mark Neis & Jill Michaux – Kansas Bankruptcy Law Information – (Topeka, KS)

• Why Did They Stop Sending My Mortgage Statements After Bankruptcy?
• Don’t Be Fooled by False Letter that Says Your Bankruptcy is Dismissed – Your Stay Still in Effect

IOWA

Jeff Mathias, Esq. – Iowa Bankruptcy Blog (Des Moines, IA)

• Important Bankruptcy Law Cases

INDIANA

Mark S. Zuckerberg, Esq. (Indianapolis, IN)

• Bankruptcy Lawyer Explains New Requirement In Indiana – Mandatory Settlement Conferences For Foreclosure

ILLINOIS

David Leibowitz, Esq. (Lakelaw Bankruptcy Center) – LakeBlawg (Chicago, Waukegan, Kenosha, Skokie, Lacrosse, IL)

• What are the Benefits of a Single Asset Real Estate case? (Third in a Series of Three)
• How do I get my creditors to stop calling me?

Steven Jakubowski, Esq.  (Coleman Law Firm) – Bankruptcy Litigation Blog (Chicago, IL)

• Bankruptcy Tweets for the Week Ending 4/4/2010
• 9^th Circuit Declares Anna Nicole Smith’s Estate the Big Loser on Preclusion Grounds in Dispute with Pierce’s Estate over Her Right to Money from J. Howard Marshall’s Estate

GEORGIA

Jonathan Ginsberg, Esq. – theBKLaw (Atlanta, GA)

• Another Debtor Ripped Off by a Foreclosure Relief Scam: Part I, Part II
• Missed Mortgage Payments in Your Chapter 13 – An Expensive Problem
• An Automatic Stay Violation Case that is Hard to Believe
• My Chapter 13 Was Dismissed Two Weeks Ago – Can I Refile a Chapter 13?

FLORIDA

Jonathan Alper, Esq. – Florida Bankruptcy Law Blog (Orlando, FL)

• Is It An Automatic Stay Violation If Doctor Refuses To Treat Bankrupt Patient Unless He Pays Doctor’s Pre-Petition Medical Bill?
• Court Says Foreign Creditor Can Ignore Automatic Stay And Continue Pursuit Of Debtor’s Assets Abroad
• Wage Garnishment After Bankruptcy: Is Employer Required To Withhold Post Petition Paychecks, Or Is Doing So A Stay Violation?

DELAWARE

Fox Rothschild, LLP – Delaware Bankruptcy Litigation

• · Issues Relevant To The Fairchild Corporation Bankruptcy: What are the Standards for DIP Financing Priming Liens and Granting Relief from the Automatic Stay?
• American Home Mortgage Sheds Light on the Meaning of “Repurchase Agreement”

CONNECTICUT

Eugene Melchionne, Esq. – ConsumerBankruptcyTips.com (Waterbury, CT)

• Bankruptcy – What If The Creditor Didn’t Intend To Harass You?
• Creditors Harassment after Bankruptcy? Tell Your Bankruptcy Lawyer!

COLORADO

Gailyn Wink & Michael Wink – Wink & Wink, P.C. (Denver, Co)

• What Happens to my Cosigner in Bankruptcy?
• Colorado Repossession Law: Possess The Facts

CALIFORNIA

Northern California

Bob Eisenbach, Esq. (Cooley Godward Kronish LLP) – In The (Red):  Business Bankruptcy Blog (San Francisco, CA)

• Real Estate Workouts: Are Pre-Bankruptcy Waivers Of The Automatic Stay Enforceable?
• Who Gets The Benefit Of A D&O Policy’s Proceeds, The Directors And Officers Or A Bankruptcy Trustee?
• Automatic Stay Of Bankruptcy
• Who’s SARE Now? Bankruptcy’s Single Asset Real Estate Rules And Their Impact On Commercial Real Estate

Cathy Moran, Esq. – BankruptcyMastery.com and On the Bankruptcy Soapbox (Mt View, CA) (aka Silicon Valley)

• Convert, Don’t Dismiss, That Bankruptcy Case
• Lenders slow to act following relief from stay
• Provide notice of bankruptcy to the right address
• Disdain for Automatic Stay Everywhere
• Cash collateral in consumer cases

Jeena Cho, Esq. (JC Law Group) – San Francisco Bankruptcy Blog (San Francisco, CA)

• So you’ve been sued by Chase

Sagaria Law, PC – California Bankruptcy Lawyer Blog (San Jose, Freemon, Monterrey, Redwood City, Salinas, Sacramento, CA); also by Scott Sagaria – American Bankruptcy Association (ABA) Journal California Bankruptcy Blog

• What Is An Automatic Stay?

Southern California

Anerio Altman, Esq. (Lake Forest Bankruptcy Center) – Orange County Emergency Bankruptcy Law Office (Lake Forest, CA)

• Bring Back the Glorious Silence
• Getting Garnishments Back

Christine Wilton, Esq. – Los Angeles Bankruptcy Law Monitor (Los Angeles, CA)

• Payday Loans and Bankruptcy

ARIZONA

Michael S. Anderson, Esq. – Arizona Bankruptcy Lawyer Blog (Mesa, AZ)

• The Automatic Stay of the Bankruptcy Code is what it says – “Automatic”
• Bankruptcy and the Automatic Stay – Mesa Arizona
• Chapter 13 Bankruptcy and the Automatic Stay for Arizona Debtors

ALABAMA

Watts Law Group, P.C. and M. Stan Herring, P.C. – Alabama Consumer Law Blog (Birmingham, AL)

• Will Bankruptcy Stop A Foreclosure In Alabama?
• Creditors Find Ways Around New Credit Card Rules
• An Example Of Illegal Collection During A Bankruptcy Case

WISCONSIN

Law Office of Gregory A. Holbus, Esq. – Wisconsin Bankruptcy Blog (Green Bay, WI)

• Wells Fargo Slammed for Freezing Bankruptcy Debtors’ Bank Accounts
• Creditor Alert – Wells Fargo

Jamie Miller, Esq. (Miller & Miller, LLC) – Milwaukee Bankruptcy Attorney Blog (Milwaukee, WI)

• How Chapter 13 Can Save Your Home
• How does foreclosure work in Wisconsin and how does filing bankruptcy stop it?

WASHINGTON

Linda Rantz (Paralegal) – Due Diligence (Seattle, WA)

• Legalese: Automatic Stay and Avoidance

TEXAS

Reed Allmand, Esq. (Allmand & Lee) – Reed’s Bankruptcy Attorney Blog (Dallas and Ft. Worth, TX)

• Violation of Automatic Stay Creates Interesting Twist In Bankruptcy Case
• Can Creditors Avoid An Automatic Stay?
• A Glorious Benefit of Bankruptcy – The Automatic Stay
• Filing An Emergency Bankruptcy Can Stop Foreclosure Now

Chuck Newton, Esq. – StayViolation.com (TX)

• Foreclosures In The Third Quarter Topped The Record
• Dismissal of a Bankruptcy Case Does Not End of Prevent Automatic Stay Violation Litigation Even If the Court Does Not Explicitly Retain Jurisdiction to Reopen the Case.
• 5^th Circuit Helps Answer the Question of Who Owns an Automatic Stay Violation Claim

Fears & Nachawati – Texas Bankruptcy Blog (Austin, Houston and San Antonio, TX)

• Bankruptcy’s Automatic Stay
• How Often Can I File Bankruptcy?
• Can Bankruptcy Stop A Rental Eviction?

J. Brian Allen – Northeast Texas Bankruptcy Lawyer (Sulphur Springs, TX)

• Bankruptcy Protection from Foreign Creditors
• Day 1 Filing Chapter 13 – Stopping the Foreclosure And Repossession

J. Michael McBride, P.C. – TexasLawyerBlog (Ft. Worth, TX)

• Recent Opinion in the Northern District of Texas
• Pre-Petition Workout Agreement Enforced, Even As to Stay Waiver
• Beware of Wolves in Sheep’s Clothing
• Tenth Circuit clarifies automatic termination of the automatic stay

Steven Sathers, Esq. – A Texas Bankruptcy Lawyer’s Blog (Austin, TX)

• Judges Examine the Murky Standing of MERS
• Outrageous Creditor Behavior Leads to Small Damage Award

SOUTH CAROLINA

Russell A. DeMott, Esq. – SCBankruptcyAttorney.com (Charleston, SC)

• Bankruptcy Reaffirmation Agreements (Part Two)
• What is the Automatic Stay?
• Motions for Relief from Stay Regarding Surrendered Assets (DON’T PANIC!!!)

OREGON

Kent Anderson Law – Oregon Debt Relief Weblawg and Debt Law Network (Eugene, OR)

• Remedies for Attempt to Collect Debts Included in Bankruptcy
• Should I Sign a Reaffirmation Agreement
• They Took My Car, Can I Get It Back?

OKLAHOMA

Law Office of Daniel C. Nunley, Esq. – Oklahoma Bankruptcy Lawyer Blog (Broken Arrow, OK)

• Can filing bankruptcy stop my paycheck from being garnished in Oklahoma?
• What is the automatic stay in bankruptcy in Oklahoma?

OHIO

Justin M. Smith, Esq. – Cleveland Bankruptcy Lawyer Blog (Cleveland, OH)

• Ohio Bankruptcy Filers Get Powerful Protection: The Automatic Stay

NEW YORK

Bruce Weiner, Esq. (Rosenberg Musso & Weiner) – NYBankruptcyNet (Brooklyn, NY)

• Bankruptcy Mistakes: Don’t do these things before you file for bankruptcy in New York
• Dealing with debt collector harassment in New York

Craig D. Robins, Esq. – Long Island Bankruptcy Blog (Woodbury, NY)

• Effect of the Automatic Bankruptcy Stay on Matrimonial Litigation and Support Proceedings
• What is a Motion for Relief from Stay in Bankruptcy Court?
• Serial Bankruptcy Filers Eventually Get the Ax

Elliot S. Schlissel, Esq. – The Elliot Schlissel New York Law Blog (Lynbrook, NY)

• Foreclosure – Don’t Give Up – You Can Fight

Starr & Starr, PLLC – New York Bankruptcy Lawyer Blog (New York, NY)

• Using Bankruptcy to Stop Wage Garnishment in New York
• What Happens To Personal Injury and Wrongful Death Claims In The Manhattan Bankruptcy Court?

Wayne D. Holly, Esq. – Bankruptcy Fraud Resource Center (New York, NY)

• Woman charged with filing fraudulent bankruptcy petitions in alleged foreclosure scheme

Upstate New York

Alexander Korotkin, Esq. – Rochester Bankruptcy and Debt Relief (Rochester, NY)

• Bankruptcy Basics – All About Automatic Stay
• Bankruptcy and Personal Injury Lawsuits
• Bankruptcy, Bad Checks, Discharge and Criminal Liability
• Automatic Stay and Proceedings in New York Family Court
• Eviction, Chapter 7 Bankruptcy and Chapter 13 Bankruptcy
• Mistakes to Avoid When Filing For Chapter 7 or Chapter 13 Bankruptcy in New York
• Chapter 7 and 13 Bankruptcy and Inheritances
• Refiling Chapter 13 Bankruptcy After Dismissal

NEW MEXICO

Gini Nelson Law Office – New Mexico Bankruptcy Law Blog (Santa Fe, NM)

• What Can Bankruptcy Do for Me?

NEW JERSEY

Stark & Stark – Bankruptcy & Creditors’ Rights Blog (Lawrenceville, NJ)

• New Jersey Judiciary Foreclosure Mediation Program Update
• Bankruptcy Basics for Boards – Chapter 7 Debtors’ Liability for Post-Petition Assessments

NEVADA

Haines & Krieger (Las Vegas, NV)

• Bankruptcy’s Automatic Stay
• Can Bankruptcy Stop A Las Vegas Rental Eviction?
• Using Bankruptcy To Walk Away From A Home
• How Often Can I File Bankruptcy?
• Statement of Intention
• Declaring Bankruptcy the Right Way
• Help! My Car Has Been Repossessed!

And of course, Steven would never forgive me if I forgot to link to Bankruptcy Bill’s excellent automatic stay coverage.

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"So I ran into Bill in the clerk's office in Boston recently..."

Friends of Bankruptcy Bill (FOBB) are experienced consumer bankruptcy lawyers willing to share their thoughts and answer bankruptcy questions on this site. Feel free to get in touch if interested in contributing as a FOBB.

Bill McLeod is a Boston-based bankruptcy attorney, representing creditors and debtors with over 15 years of experience. You can learn more about this and read more of his blog posts at www.mcleodlawoffices.com. Follow him on Twitter.  Find him on Facebook.

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When you discover that you are a creditor in a bankruptcy case…

Bill McLeod, Esq.

Recently, I was in the clerk’s office in Boston and overheard two people ask the clerk which forms needed to be filed in a bankruptcy case.  But this person was not a debtor – they were a creditor.  Their landlord had filed bankruptcy.  The former tenant was looking for their security deposit back, and was going to sue the debtor in small claims.  I couldn’t help myself – and I butted in.

“You need relief from the automatic stay.”

“The stay applies even to me?” one asked.

“It applies to everyone.”

After that short exchange, I thought I would put together a short checklist of things to do when your landlord – or someone else you know who also happens to owe you money – files a petition seeking bankruptcy protection.

• Don’t panic.

People have the right to seek bankruptcy protection.  Simply because they do does not mean that you’re not going to get paid.  On the other hand, simply because I am encouraging you not to panic should not be read to mean that you are going to get paid.  But still, don’t panic.  In my experience, panic can lead to actions that can get you into more trouble…such as violating the automatic stay…so with that said…

• Don’t violate the automatic stay.

The automatic stay applies to all creditors.  It does not matter if you’re a big bank or a friend or neighbor of the debtor, the same rules apply.  There are very limited exceptions to the automatic stay and you should not assume that you fall under one of those exceptions.

If you know that someone has filed bankruptcy, do not call the debtor and ask about payment.  Do not send them a letter.  Do not sue them – even in small claims court.   Don’t assume that just because you heard about it from a third party and did not receive any written notice does not mean that the automatic stay does not apply to you.  Stay violations can be costly.  Willful violations of the stay can be very costly.

Call an experienced bankruptcy attorney to determine what your next course of action should be (such as filing a motion for relief from the automatic stay).  And remember, the court clerk’s office cannot give you legal advice.

• Consult with an attorney.

At a very minimum, talk to a bankruptcy attorney.  Be prepared to explain the basis of your claim against the debtor and why you are entitled to payment. Have the docket number or the debtor’s name handy so the attorney can review the filings on-line.   Let the attorney determine whether you should seek relief from the stay, or whether you may need to file an Adversary Proceeding – seeking a court determination that the discharge injunction will not apply to your claim.   Both have costs associated with them (at a minimum, a filing fee).  There are a number of discharge exceptions in the bankruptcy code.  Some require the creditor to file an Adversary Proceeding.  Check with an attorney as soon as possible to explore your options.  But again, you should…

• Consult with your own attorney.

Many times a creditor has called me directly and said “what do I do now?”  If I am not representing the debtor, I can review the facts and answer the question.  But if I am representing the debtor – or perhaps even another creditor in that case – my response needs to be very limited.  Debtor’s attorney cannot tell you what to do – or what not to do.  Meet with your own bankruptcy attorney and get an opinion you can rely on.

• Be mindful of deadlines.

When a petition for bankruptcy is filed, deadlines are established.  There are deadlines to file claims.  Deadlines to file Adversary Proceedings.  Deadlines to object to a debtor’s claimed exemptions. Deadlines to object to a debtor’s plan.   Miss those deadlines and you may lose your rights.

• If you want to challenge the bankruptcy filing, or challenge the discharge, consult with an attorney and proceed wisely.

Just because people seek bankruptcy protection does not mean they deserve it.  However, just because you – as a creditor – may think the filing unfair does not mean that the debtor’s case should be dismissed or the discharge be denied.  If you’re thinking of challenging a debtor’s bankruptcy case, meet with an experienced bankruptcy litigator – or two (as I tell my own clients, it never hurts to get a second opinion).

A few years ago, I represented a chapter 13 debtor in a contentious case where an individual creditor sought to challenge the filing.  The creditor chose not to have an attorney.  Despite my warning the creditor that there was no legitimate basis to challenge the debtor’s bankruptcy filing, the creditor persisted.  The end result: the debtor’s plan was confirmed (after a long process and a trial) and the creditor’s fight against confirmation of the debtor’s plan proved unsuccessful.  Almost all of the funds paid into the chapter 13 plan went to the debtor’s attorney’s fees.  The creditor ended up with nothing.

• Bookmark this.

If your landlord, friend, relative, ex, former roommate or former client or customer files bankruptcy, take a deep breath, and then re-read these 6 tips.  The bankruptcy filing might mean that things aren’t going to get better in that you’re not going to get your money.  But following these tips may ensure that things will not get any worse.

Note:  If you are viewing this site using Internet Explorer, you may not be able to view items in the sidebar.  Clicking on any page or post will cause sidebar items to appear.

*Click here for previous BAPCPA Man cartoons, or here for all cartoons on the site relating to consumer bankruptcy.

For a more in depth explanation of the automatic stay, have a look at the Wikipedia entry.  Also see posts on the topics of automatic stay and debt collection by the following bankruptcy lawyers on their blogs:

Bruce Weiner (Rosenberg Musso & Weiner) – NYBankruptcyNet (Brooklyn, NY)

• Dealing with debt collector harassment in New York

Haines & Krieger (Las Vegas, NV)

• What can I do about debt collector harassment in Las Vegas?
• Creditors giving money to debtors? Punitive damages and the automatic stay

Craig D. Robins, Esq. – Long Island Bankruptcy Blog (Woodbury, NY)

• How Quick Will Creditors Stop Calling Me If I File Bankruptcy?
• What Are Your Rights If a Creditor Violates the Automatic Bankruptcy Stay?
• More posts on the topic of automatic stay and debt collection by Craig Robins.

Reed Allmand, Esq. (Allmand & Lee) – Reed’s Bankruptcy Attorney Blog (Dallas and Ft. Worth, TX)

• Despite the Debtor’s Mishaps Bankruptcy Court Grants Stay
• Can Bankruptcy Help Stop Repossession?

Click here for a state-by-state list of bankruptcy lawyers with blogs.

*To see more of Gideon Kendall’s work go to www.gideonkendall.com and gideonkendall.squarespace.com/journal.  Or order yourself a copy of Dino Pets, the wonderfully illustrated children’s book written by Lynn Plourde and illustrated by BAPCPA Man’s favorite illustrator, Gideon Kendall.

For a more in depth explanation of the automatic stay, take a look at the Wikipedia entry as well as a brief explanation by Haines & Krieger (Las Vegas, NV) and an explanatory blog post by Michael Anderson, Esq. on Arizona Bankruptcy Lawyer Blog.  Also this post on bill collectors by Chuck Newton, Esq.’s blog StayViolation in Texas.

Click here for a state-by-state list of bankruptcy lawyers with blogs.

Click here for previous BAPCPA Man cartoons or here for all cartoons on the site relating to consumer bankruptcy.

(To see more of Gideon Kendall’s work go to www.gideonkendall.com and gideonkendall.squarespace.com/journal.)

For a more in depth explanation of the automatic stay, take a look at the Wikipedia entry as well as a brief explanation by Haines & Krieger (Las Vegas, NV) and an explanatory blog post by Michael Anderson, Esq. on Arizona Bankruptcy Lawyer Blog.

Click here for previous BAPCPA Man cartoons or here for all cartoons on the site relating to consumer bankruptcy.

(To see more of Gideon Kendall’s work go to www.gideonkendall.com and gideonkendall.squarespace.com/journal.)

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