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You Can Beat a Northern Kentucky Foreclosure

Posted on Friday, March 25th, 2016 at 8:10 am    

recieve-mail-300x225On any given weekday, somebody in Northern Kentucky is getting a foreclosure complaint. Whether it arrives by certified mail or whether a sheriff brings it to your door, the feeling is always the same: despair, grief, the feeling of being overwhelmed.

Some people do not want to lose their homes, while others have already given the house up for lost but worry about the mortgage debt following them for the rest of their lives. Many are intimidated by big law firm names like Lerner, Sampson & Rothfuss, or Weltman, Weinberg & Reis. And, most importantly, many people don’t realize how many rights they actually have.

You have the power to save your home, even though you are in arrears on your mortgage. You have the power to wipe out the mortgage debt so you can start fresh in a new home without the shadow of old debts looming over you. All you need to do is decide now, at this moment, to take action. Start being proactive and asserting your rights, instead of waiting for the bank to cut off your mortgage and throw you out of your home.

Chapter 13 Bankruptcy Can Save Your Home

A foreclosure can be stopped with a Chapter 13 bankruptcy. While any bankruptcy filing can stop a foreclosure lawsuit, only a Chapter 13 bankruptcy allows you to stay in your home by restructuring your overdue mortgage payments according to your ability to pay, not the mortgage company’s schedule. A Chapter 13 last for no less than three but no more than five years, and you will have that entire time to repay the mortgage. For that reason, even a large mortgage arrearage can be broken down into manageable chunks for repayment.

Chapter 13 bankruptcies provide immediate relief from foreclosure lawsuits, but they also provide lasting relief. When you set a good faith payment plan at the start of your Chapter 13 bankruptcy, the mortgage company’s attorneys cannot challenge that plan. Even large firms such as Lerner, Sampson & Rothfuss or Javitch Rothbone cannot beat Lawrence & Associates’ clients when a good faith plan for repayment has been set. Sometimes, depending on the amount of debt and a client’s budget, repayment plans for mortgage arrearages can be as low as a hundred dollars a month!

Chapter 7 Bankruptcy Gets Rid of Mortgage Debt

Lawrence & Associates can help you erase old mortgage debt by filing a Chapter 7 bankruptcy. Although a Chapter 7 bankruptcy will not allow you to keep your home if you are behind on payments when you file the bankruptcy, it will eliminate any need for you to make additional payments on the debt. Often, since the foreclosure process must be stalled during the bankruptcy and since the foreclosure process last for several months once restarted, our clients can live in their home for months after filing bankruptcy before they need to find a new house or apartment.

Lawrence & Associates can help you stop a foreclosure. We are Working Hard for the Working Class, and we want to work for you! Get a fresh start by calling us first. The sooner you call, the better your chances of righting the ship and sailing into a better financial future. Call Lawrence & Associates today!


Will My Insurance Cover Me for the Injury I Got in a Hit-and-Run?

Posted on Tuesday, March 8th, 2016 at 7:16 am    

hit-and-runThe attorneys at Lawrence and Associates have helped many drivers who were hurt in a hit-and-run collision. These claims can be simple – for example, when the hit-and-run driver is found by the police and has alcohol in his or her system – or complex – for example, where the hit-and-run driver is never found at all. In almost every case, our attorneys can recover money from an insurance policy to fairly compensate our clients for their damages. However, in many cases the insurance carrier will initially refuse to compensate the injured driver. Depending on the exact circumstances of each case, there are several ways to get paid for your injury.

What Happens When the Hit-and-Run Driver is Found?

In cases where the hit-and-run driver is found and identified by the police, our attorneys will file a claim for damages with the hit-and-run driver’s policy first. In that situation, the insurance claim is no different from any other car wreck on the road. The injured driver looks to the hit-and-run driver’s policy first, filing a lawsuit in court if necessary. If the hit-and-run driver’s policy has to pay the limits of the policy for the injury (or close to the limits), then Lawrence & Associates helps its injured clients recover money from their own policy. However, there are certain legal requirements that come into play – such as notice requirements to the injured driver’s own insurance carrier – that can cause major problems for anyone that tries to go after insurance money without a lawyer. Injured Northern Kentucky drivers should tread cautiously!

What Happens If the Hit-and-Run Driver is Not Found?

It is tougher – but not impossible! – when the hit-and-run driver is never found, but the wreck caused an injury and property damage. In that scenario, Kentucky law states that the injured driver’s insurance policy has to pay first using the uninsured motorist coverage portion of the policy. However, in doing so the injured driver’s insurance carrier becomes adversarial, meaning the insurance company wants to save its money by not paying for the injury! Insurance companies often delay or deny claims by requiring proof in painstaking detail for each and every dollar the injured driver needs for fair compensation. Often, a different, more hostile adjuster is assigned to the case and the injured driver expecting the customary friendly service from his or her carrier is taken by surprise. In Northern Kentucky, most injured drivers without counsel are never aware that they receive less than full compensation because of these factors.

What Happens If Another Driver Causes the Accident but Never Hits My Car?

The most difficult scenario occurs when hit-and-run driver is avoided, but still causes an accident. For example, Lawrence & Associates has represented drivers who struck a tree or telephone pole when swerving to avoid a negligent driver, only to see the negligent driver flee the scene without stopping to help. Although getting money in this situation is not always impossible, it is extremely difficult to recover when there is no contact between the vehicles and no identification of the other driver. Nevertheless, good legal counsel improves your chances of recovering. At the very least, good legal counsel can give you the finality of knowing that a recovery is not possible.

Can Attorneys at Lawrence & Associates Help Me Get Money?

Lawrence & Associates is Working Hard for the Working Class, and we would be happy to help you. Our lawyers are licensed in Kentucky and Ohio, and have experience in helping all kinds of car accident victims recover fair compensation for their injuries. If you’ve been injured in a hit-and-run accident, let us help you!


How Can I Stop My Car From Getting Repossessed?

Posted on Thursday, February 25th, 2016 at 8:57 am    

Car-Repossession-300x225A car is a necessity in modern life. We need to go to work, school, and home, and few of us live in walking distance. Therefore, the prospect of a car’s repossession is frightening. Once you finance or lease a car, your car lender has certain rights and remedies that come with the contract you sign. One remedy allows the lender to repossess your car if you default under the terms of your agreement. Your contract will specify what exactly constitutes a default but common examples include failing to make your payments or not having car insurance. Although many car owners assume they have grace period before repossession begins, the contract usually allows for repossession at the time of default.  Some Northern Kentucky car lots, such as Limited Motors, report that they offer at least a three week grace period to car owners in default before repossession begins.  However, often car lots will not guarantee a grace period and choose to exercise their repossession right quickly.

What Steps Should You Take If You Default on Your Loan?

If you are in default on your car loan and cannot make an immediate payment in full, you’ll want to take a few easy steps to avoid finding your car missing one morning. Your car loan lender can usually repossess your car without giving you any notice as long as the repossession does not breach the peace. “Breach the peace” is an important term, and generally means they cannot do anything illegal, including “disturbing the peace” by creating an argument with you or “breaking and entering” by going into your garage to take the vehicle. Repo men generally take cars at night when no one is around so no breach of the peace occurs. If you are in default and know or suspect a repossession is going to occur, considering doing the following:

1. Keeping the car in a garage.

2. Parking the car a distance away from your house and place of work, where it will not easily be found.

3. Parking the car in your backyard, where it cannot be seen from the road.

4. Asking a neighbor or friend to keep the car at their home, under a tarp or other cover.

Under any of these scenarios, you make it less likely that a repossession will occur because you prevent the repo man from finding or accessing the vehicle.

Filing Bankruptcy Ceases All Collection Attempts

A bankruptcy can help you to stop the repossession and even get your car back after repossession. When you file bankruptcy, the automatic stay goes into effect, which forces your creditors to cease all collection attempts against you. This means that your creditors cannot call you, continue with a lawsuit, repossess, sell, or foreclose on your property. With a few exceptions, you are completely protected by the bankruptcy and creditors must seek court permission before continuing their collection efforts.

If you are facing a repossession, you must choose a Chapter 13 bankruptcy in order to save the car. Your best bet is to file bankruptcy before the car is repossessed – if you do so, Lawrence & Associates can print a proof of bankruptcy filing for you that will prevent the repo man from taking your vehicle. Even if the car has been repossessed, you can get the car back if you file a Chapter 13 bankruptcy before the car is sold at auction. However, the timing of the auction is always in flux, so it can sometimes be difficult to get a bankruptcy filed and get notice to the lender before the auction occurs.

Hire Lawrence & Associates and Stop Repossession

Do you think your lender may try to take your car soon and you cannot afford to get caught up on your car payments? A bankruptcy may be your best option to stop repossession. Call Lawrence & Associates today! We’re Working Hard for the Working Class, and we can help you!


Am I Covered Under Kentucky Workers’ Compensation?

Posted on Monday, February 8th, 2016 at 4:52 am    

**Workers compensation in the state of Kentucky is a state-mandated, “no-fault” insurance system that pays benefits to workers injured on the job. It is managed by Kentucky’s Department of Workers’ Claims. Any employer who has at least one employee must acquire this coverage before the employee’s first day of work. In return for carrying a workers’ comp policy, employers receive immunity from civil lawsuits filed by employees over workplace injuries.

There are a few circumstances where employers can be exempt. For example, purely agricultural workers are not covered by Kentucky Workers’ Compensation. However, agricultural activities are narrowly defined – for example, harvesting crops is considered agricultural but repairing the roof on a barn is not. If you are not sure whether you fall into the agricultural exception, the attorneys at Lawrence & Associates can research the issue for you, for free.

Other exceptions to Kentucky’s Workers’ Compensation system, although less common, include solitary domestic workers in private homes, workers in a charitable or religious organization, and workers covered by another Federal Act such as the Jones Act for American seamen.

Am I an Employee?

Generally, if you are drawing a paycheck from an employer, you are either an employee or an independent contractor. Figuring out which category you fall under is more an art than a science.

Kentucky has a case called Ratliff v. Redmon that sets out the following factors to determine who is an employee:

(a) the extent of control which, by the agreement, the master (boss/employer)may exercise over the details of the work;

(b) whether or not the one employed is engaged in a distinct occupation or business (Do they have their own company?);

(c) the kind of occupation, with reference to whether, in the locality, the work is usually done under the direction of the employer or by a specialist without supervision;

(d) the skill required in the particular occupation;

(e) whether the employer of the workman supplies the instrumentalities, tools, and the place of work for the person doing the work;

(f) the length of time for which the person is employed;

(g) the method of payment, whether by the time or by the job;

(h) whether or not the work is a part of the regular business of the employer; and

(i) whether or not the parties believe they are creating the relationship of master and servant.

If you are confused, take comfort in the fact that you are not alone. Lawrence & Associates has litigated this issue on many occasions, and on each there are arguments for both sides. If you are not sure whether you qualify as an employee, give us a call and we’ll help you work your way through.

What Happens If I Fall Under an Exemption to Workers Compensation?

Although Kentucky’s workers’ compensation laws allow businesses to choose to be exempt from providing workers’ comp insurance, an exempt employer must still provide benefits to an injured worker. These employers also remain exposed to civil lawsuits brought by employees who are injured during work. In addition, employers that fail to carry workers’ compensation insurance can be hit with severe civil penalties and fines.

If you or someone you know has been injured at work, contact Lawrence & Associates today! We’re Working Hard for the Working Class, and we can help!


Ways to Improve Your Credit Score After Bankruptcy

Posted on Friday, May 2nd, 2014 at 2:24 pm    

Declaring bankruptcy is a decision that affects not only your finances but also may affect your credit score. In fact, one of the biggest concerns that people have when considering bankruptcy is how it will affect their credit score. While filing bankruptcy may decrease your credit score short term, it may not affect your credit score as much as you may believe. If you are considering filing for bankruptcy, it is likely that your credit is already low because of maxed out credit cards, late payments and mounting debt.

Credit Scores and Bankruptcy

Your credit score may also be affected by multiple factors including your payment history, outstanding debts, how long you have been using credit and by the types of credit that you use. It is important that you understand what happens when you file a bankruptcy. A bankruptcy can remain on your credit report for up to 10 years, and there is a good chance your FICO score will be low until you have started rebuilding your credit.

Ways to Improve Your Credit Score After Financial Hardship…

  1. Review your credit report – The first thing you should do is obtain a copy of your credit reports and make sure there are no errors or inconsistencies.
  2. Pay bills on time – Your payment history makes up 35% of your credit score. One of the easiest ways to improve your score is to make sure you pay bills on time.
  3. Apply for credit, but make sure you pay the bill off in full each month – You don’t have to carry balances on your credit cards in order to build good credit.
  4. Beware of credit repair services – You may receive offers from credit repair services promising to help repair your credit. Beware that the fees are high and it’s best to rebuild your credit on your own at no cost.
  5. Know your limits on your credit cards – Once you begin re-establishing credit, it is crucial to know the limits on your credit cards and to keep your balances well below them. Use your cards sparingly and continue paying the bill on time.
  6. Do not close accounts – It’s best to keep the credit lines open, however, if you’re tempted to spend over the credit limit, cut up the cards.

The most important lesson to learn is to be patient. The road to bankruptcy did not happen overnight and neither will the road to improving your credit. By following the guidelines above, you can move toward a better financial future and improved credit score.

If you are a Kentucky resident that is interested in filing bankruptcy, call Lawrence & Associates today. We can help!

Contact Us (859.371.5997) for a Free Consultation


BANKRUPTCY CASE STUDY: Couple Gets To Keep Their Home After Both Being Laid Off By Using a Chapter 13 Bankruptcy

Posted on Thursday, April 10th, 2014 at 3:03 pm    

safe homeClient(s) Challenge – Our clients L.S. and P.S., a husband and wife living in Northern Kentucky, got a foreclosure notice in the mail. They had worked really hard to get their house and even harder to get the mortgage modified after they both got laid off a few years ago. Now it looked like all those efforts were for nothing, because the bank was coming to take the house away.

Lawrence and Associates’ Solution – Lawrence and Associates helped L.S. and P.S. file a Chapter 13 bankruptcy, with a five year repayment plan to get their mortgage caught up. Their monthly payment was something they could afford to pay, and the bank was not allowed to foreclose on their house.

Results – L.S. and P.S. kept their home and are still living there to this day.

About Chapter 13 Bankruptcy

If you are a Kentucky resident struggling to pay your debts, you need to take action. A Chapter 7 or Chapter 13 bankruptcy filing can put a stop to foreclosure or repossession actions, as well as wage garnishments, so that you can get a fresh financial start. It will also end the harassing phone calls and letters. You must comply with the terms of any repayment agreement or you will lose these protections, so it is important to have strong legal guidance before agreeing to anything. You want an experienced bankruptcy to protect your interests. At Lawrence & Associates, we provide comprehensive counsel in Chapter 13 bankruptcy matters to people throughout Northern Kentucky. We will take the time to listen carefully to your questions and concerns, and explain the law and the process, as well as your options. We will help you identify your needs and goals, so that we can tailor our counsel to your specific situation.

Experienced Chapter 13 Bankruptcy Attorneys

If you don’t qualify to permanently discharge debt under Chapter 7 or prefer to set up a new payment plan with your creditors, we will help you reorganize your debt in a Chapter 13 bankruptcy filing. We will prepare and file all the necessary paperwork to complete the process and will represent you in hearings or meetings with creditors, the bankruptcy trustee or the bankruptcy court. We will help you put together a reorganization plan and will review all proposed repayment plans to ensure they are appropriate.

Immediate Relief

When you file for protection under Chapter 13, an automatic stay goes into effect, which prevents your creditors from calling, writing or using any other means to collect the debt, other than through the bankruptcy proceeding. The automatic stay will suspend foreclosure or repossession actions, as well as wage garnishments, giving you time to get back on your feet financially. In many instances, you will be able to reduce the amount you have to pay, sometimes to as little as a penny on the dollar, by entering into agreements with your creditors. A Chapter 13 bankruptcy can be ideal for someone with large medical bills or credit card debt, allowing you the opportunity to keep most or all of your assets and enter into payment arrangements that are workable.


Northern Kentucky Residents Have a Right to Haggle Over Their Debt

Posted on Friday, April 4th, 2014 at 3:09 pm    

lender callsThere is a pervasive myth in American society that attempting to negotiate down the amount of one’s debt is a bad thing. This myth is designed to keep you poor, and beholden to the interests of the banks, credit card companies, and other lenders that you’ve met during your quest to live a happy, normal life. The truth is that you have every right to negotiate down your debts, and that the lender or collection agency will usually work with you if you stand your ground and dangle a carrot in front of them. Don’t forget that the fees, fines, interest rates, and negative remarks on your credit report are not unchangeable, universal laws physics that cannot be altered. They aren’t laws at all, actually; rather, they are only policies, arbitrarily set by the lender (and often arbitrarily changed by them, too). Policies that are set arbitrarily and changed arbitrarily can be negotiated. Also, don’t forget that the lender you are using is a business, and it is in competition with every other lending business out there. If the lender is faced with a choice of waiving a few late fees or watching you walk to their competitor and pay them exorbitant interest rates for a while, then it’s no choice at all. The lender would much rather work with you than watch you walk to a competing Northern Kentucky business.

Bankruptcy is a Creditor’s Trump Card and a Fresh Start

In a bankruptcy, you have the ability to force the lender to take nothing (or much less than 100%) in return for their loan. Obviously, this is the worst possible outcome for the lender, and you have a Constitutional right to spring it on them at any time. The lenders know this, and this is a principal reason that they continue to perpetrate the myth that rearranging your debt is a sin; absent any legal way to prevent you from using your trump card, they try to convince you that the trump card is evil. Calling bankruptcy a trump card, by the way, is poetry because Donald Trump has filed for bankruptcy on multiple occasions. The belief in this myth is a major way that the thinking of wealthy people and business owners differs from the thinking of the poor and middle classes. Wealthy people and business owners don’t feel bad about filing bankruptcy or re-negotiating debt; it’s just another business decision. That decision should have no different connotations for you.

You Have Rights When Dealing With Lenders

When dealing with a Northern Kentucky lender, remember to be firm and remember that you have rights. The person you are talking to almost certainly has some ability to help you. If not, his or her supervisor does. However, you’ll catch more flies with honey than vinegar. That means you must be polite and calm. Calling them in a temper tantrum won’t solve anything. They don’t have to help you, any more than you have to work that extra shift to pay their bill. If you have a lender that is abusive – including calling you at odd hours, calling friends and family about your debt, calling you at work, or telling you they’ll have you arrested – ask for the person’s name, employee number, direct line, or any other identifying information you can think of. Tell them you are gathering this information in order to file a Fair Debt Collections Practices Act (FDCPA) violation complaint. If that doesn’t change their tone, get a lawyer to deal with them for you. And if the lender really won’t budge, or if you have so many lenders that you can’t pay the bills even if they do try to help you out, then get ready to file a bankruptcy. Bankruptcy wipes the slate clean and gives you a fresh start.

Lawrence & Associates are Northern Kentucky lawyers who fight for the rights of debtors just like you, every day. Lawrence & Associates can help!

Contact Us (859.371.5997) for a Free Consultation


Legal Update: 6th Circuit Court of Appeals Says Debtors in Chapter 13 Bankruptcies Can’t Contribute to 401K or Retirement Plans

Posted on Wednesday, March 26th, 2014 at 3:41 pm    

legal updateThe 6th Cir. Court of Appeals, which covers Kentucky, Ohio, Tennessee, and Michigan, says debtors in Chapter 13 bankruptcies can’t contribute to 401k or retirement plans while they are in bankruptcy.

This Decisions Limits an Individual’s “Fresh Start” Through Bankruptcy 

If you are a debtor in a Chapter 13 bankruptcy, this decision is bad for you because it causes you to have a higher payment to the trustee. It also takes away your ability to save for retirement. The whole point of bankruptcy is to get a “fresh start”, and part of getting a fresh start is having the ability to save for retirement.

This Decision Will Effect All Taxpayers Eventually

If you are a taxpayer, this is also a really bad decision. People that haven’t adequately saved for retirement are more likely to take advantage of Medicare, Medicaid, and Social Security for longer periods of time (i.e. before age 67). An increase in the need for these programs will worsen the country’s debt problem and may increase taxes down the line.

What Should Be Done…

We all know that most people don’t save for retirement adequately. The bankruptcy system should force debtors to put money toward their retirement, not prohibit them.  Instead of maximizing the amount of money creditors can get, maximize the benefit to all taxpayers in general. Most creditors are multi-billion dollar corporations, and many of them received bailouts during the great recession. There’s no reason the law should continue backstopping their bad lending decisions at the cost of regular people’s future.

It can be tough staying current on bankruptcy law and it is one of the many reasons that Northern Kentucky bankruptcy filers need the services of a skilled bankruptcy lawyer.

“We’ve Got You Covered.” If you live in the Northern Kentucky area, including Boone, Kenton, Campbell, Grant and Gallatin Counties, Lawrence & Associates can help you with your bankruptcy. Call us today for a free consultation!

Contact Us (859.371.5997) for a Free Consultation


Does Filing Bankruptcy Affect a Co-Signer’s Credit?

Posted on Thursday, March 20th, 2014 at 5:39 pm    

Many people who file bankruptcy in Northern Kentucky have co-signers on their debt. For some, the co-signer is part of the reason they are filing bankruptcy in the first place! I cannot count the number of parents I have met who have had to file bankruptcy because they were sued when a child defaulted on car payments. Similarly, I have helped quite a few people file bankruptcy because an ex-spouse defaulted on the mortgage that both spouses signed before the divorce.

Trying Not to Hurt a Family Member’s Credit

Sometimes the reverse of that situation is also true. I’ve seen quite a few people fall on hard times with their debts generally, but faithfully keep a particular debt paid because they know a family member co-signed on that debt. The last thing anyone wants is for a family member’s credit to be hurt, especially if that family member has nothing to do with the default on that debt. In this situation, the question I’m most commonly asked is, “If I file bankruptcy on this debt, will it hurt my co-signer’s credit?”

Bankruptcy is Tied to Specific Social Security Numbers

The answer is straightforward, but there are a few factors that need to be considered before you arrive at a plan to deal with the debt. In short, if you file bankruptcy, your social security number is the one the bankruptcy attaches to. A co-signer’s social security number will not be involved, and thus the bankruptcy does not go on their credit. At most, the co-signer’s credit report will receive a notation, on the particular debt in question, that a bankruptcy was filed on that debt. This should not affect the co-signer’s credit score.

Can Creditors Come After Co-Signers After Kentucky Bankruptcy Proceedings Are Started?

The bigger and more important issue is the matter of whether the creditor can sue or demand payment from the co-signer. If the co-signer has not filed a bankruptcy of his or her own, then the co-signer might be forced to pay the debt. This can be avoided if you continue to pay on the debt, and there are several ways that this can be accomplished, including by filing a reaffirmation or by paying the debt through a Chapter 13 payment plan.

Protecting co-signers during a bankruptcy is one of the many reasons that Northern Kentucky bankruptcy filers need the services of a skilled bankruptcy attorney.

If you or someone you know may need to file bankruptcy, contact a Northern Kentucky Bankruptcy Lawyer today. Lawrence & Associates can help!

Contact Us (859.371.5997) for a Free Consultation


What is a Chapter 13 Bankruptcy?

Posted on Thursday, March 13th, 2014 at 8:56 am    

Chapter 13 BankruptcyChapter 13 is a type of bankruptcy that allows consumers who are struggling with debt to seek relief through the court. Chapter 13 is commonly used by people who are facing home foreclosure, as it can stop that process in its tracks. A debtor must meet Chapter 13 requirements to file for bankruptcy under this chapter. Unlike a Chapter 7 bankruptcy, which allows the debtor to discharge some debts in exchange for the sale of nonexempt property to pay creditors, Chapter 13 allows the debtor to keep their property and repay creditors in a three or five year court-approved repayment plan.

If you’re struggling to pay your bills each month, filing for bankruptcy under Chapter 13 may allow to you get back on track by reorganizing your debts into one affordable monthly payment; however, there are certain requirements that must absolutely be met in order to file for a Chapter 13 bankruptcy. A Kenton County, Kentucky bankruptcy attorney can determine if you are eligible for a Chapter 13.

If you don’t qualify to permanently discharge debt under Chapter 7 or prefer to set up a new payment plan with your creditors, Lawrence & Associates will help you reorganize your debt in a Chapter 13 bankruptcy filing. We will prepare and file all the necessary paperwork to complete the process and will represent you in hearings or meetings with creditors, the bankruptcy trustee or the bankruptcy court. We will help you put together a reorganization plan and will review all proposed repayment plans to ensure they are appropriate.

If you or someone you know needs to file a Chapter 13 bankruptcy, contact a Northern Kentucky Bankruptcy Attorney today. Lawrence & Associates can help!

Contact Us (859.371.5997) for a Free Consultation

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