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Does Filing for Bankruptcy Damage Credit?

August 12th, 2020 at 2:07 pm

TX bankruptcy attorney, Texas chapter 7 lawyerYou have likely seen TV commercials about the numerous credit cards available or regarding where you can go to calculate your credit score. These shiny advertisements can leave many young adults applying for credit cards without knowing the impact that this can have on their spending habits. Receiving your first colorful card in the mail can quickly lead to two or three more, each with their own amount of debt steadily piling up. While these bills may seem harmless as a young, single college graduate, the debt enclosed with these credit cards can burden you for years to come. As the debt continues to increase, you may be wondering where you can turn for help. Bankruptcy is a valid option; however, its negative impact on credit scores can have most people seeking out financial alternatives first.

Sell Some Assets

The best way to get rid of debt? Pay it off. If you have any assets that you can spare, the money that you can gain from selling these valuables can help alleviate you from the lump sum sitting on your credit cards. Take to digital marketplaces, such as eBay or Craigslist, if you have any jewelry, furniture, or electronics that you are willing to part with. If you have multiple TVs, laptops, antique furniture that you have tucked away in storage, or an old necklace that you never wear, it may be best to see how much money you can earn by selling them to a new owner.

Speak with Your Creditors

Have you tried explaining your situation to your credit card company? While they hear situations like yours on a daily basis, they may be willing to extend your debt payment’s due date or build a payment plan that better aligns with your monthly income. Although it may be difficult to do, you should explain to your creditors that you are going through a financial hardship and are doing your best to avoid filing for bankruptcy. They may be able to lower your monthly payment or decrease your interest rate.

Consider Consumer Credit Counseling

If your creditors refuse to work with you, enlist someone who has a little more experience in the field. Consumer credit counselors work to negotiate with creditors. One of their jobs is to help debtors obtain a reduced interest rate or monthly payment. They will also assist their clients in creating a monthly budget to help them stay on track with their amount owed. Working with a consumer credit counselor may still negatively impact your credit score.

Speak with a San Antonio Bankruptcy Lawyer

Filing for bankruptcy is never the path that anyone wishes to take, but unfortunately, some people run out of alternatives. If you have attempted to pay off your debts using the tactics described above, it may be time to work with a reputable bankruptcy attorney. The Law Offices of Chance M. McGhee works to help their clients overcome their financial difficulties. With over 20 years of experience, Attorney McGhee takes the time to discuss the implications of bankruptcy and any valid alternatives before moving forward with the bankruptcy process. If you are unsure about how to proceed, contact our New Braunfels bankruptcy attorney at 210-342-3400 to discuss your situation in your free consultation.

 

Source:

https://www.thebalance.com/six-ways-to-avoid-bankruptcy-960626

If I Have Overdue Medical Bills, Can I File for Bankruptcy?

July 27th, 2020 at 11:42 am

TX bankrutpcy attorney, TX chapter 7 lawyerThe U.S. has some of the highest medical costs in the world, leaving many patients who visit the emergency room or go to the hospital financially destitute. Even those who have health insurance may find that their coverage is not enough to fully cover their necessary medical treatments. No one can predict the manifestation of serious illnesses or accidental injuries, but you rarely have a valid choice, leaving you to choose between unwanted debt or suffer the possibly fatal consequences. If you find yourself overwhelmed with medical debt, you do have legal options to help you payback the costs overtime or relieve yourself of the costs altogether. Filing for bankruptcy may be your last resort, but it may also be your only chance of moving forward.

“Medical Bankruptcy”

Those whose debt is solely made up of pastdue medical bills may believe that they can file for “medical bankruptcy” and avoid their other assets getting involved in the process. There is no type of bankruptcy known as medical bankruptcy; however, medical bills are a common reason that people file for bankruptcy. Medical debt falls under the same category, known as unsecured debt, as credit card debt, personal loans, old utility bills, and borrowed money from family or friends. Since bankruptcy cases must be equally fair for both the debtor and creditor, you must list all of your debts, personal property, and real estate within your bankruptcy case. There are two ways that most people file for bankruptcy: Chapter 7 and Chapter 13 bankruptcy, both of which have a large impact on your credit score.

Chapter 7 Bankruptcy

Filing for Chapter 7 bankruptcy is often the more desired option since it discharges or forgives all of your debts, not requiring you to pay them back. Any medical debt that you have accumulated can be included in a Chapter 7 bankruptcy claim. The process typically only takes four to six months to complete and grants immediate relief to those filing for this type of bankruptcy. There are a few types of debt that cannot be discharged, such as income taxes and past-due child support or alimony payments. While Chapter 7 is often the most desirable option, since you will not need to pay the debt back, there are strict eligibility requirements. If your household income is lower than the state median income, you are eligible to file Chapter 7 bankruptcy.

Chapter 13 Bankruptcy

This type of bankruptcy extends your timeline for paying back your debts, creating a three to five year payment plan for debtors. Chapter 13 bankruptcy is the common option for those who have a steady income, allowing them to pay off their debts while still having disposable income. The amount owed is dependent upon your debt amount and your income. Depending on your situation, your amount owed could be reduced and you may have your remaining debt discharged at the end of your payment plan. Any missed payments can lead to the seizing of your assets.

Contact a New Braunfels Bankruptcy Attorney

As you can see, there are a number of factors that can contribute to your ability to file for bankruptcy and which type of bankruptcy is best for your situation. It is always advised to speak with a well-seasoned attorney who understands your state’s policies regarding filing for bankruptcy. The Law Offices of Chance M. McGhee has over 20 years of experience assisting Texans overcome their debt difficulties, including those that consist of significant medical costs. Contact our Boerne bankruptcy lawyer at 210-342-3400 to discuss the details of your case during your free consultation.

 

Sources:

https://www.thebalance.com/what-to-know-about-filing-medical-bankruptcy-4159606

https://www.creditkarma.com/advice/i/medical-debt-in-bankruptcies

https://upsolve.org/learn/get-rid-of-medical-bills-in-bankruptcy/

 

Top Things You Should Know About Declaring Bankruptcy

March 12th, 2020 at 3:11 am

TX bankrupcty lawyers, TX chapter 7 lawyersBeing in debt can feel like you are drowning, especially if you are so far into debt that you do not see a way out. Whatever the reason for the extreme amount of debt, there are options that you can consider to help with the debt. For many people, bankruptcy can be the right option to relieve them of most, or even all of their debt. However, filing for bankruptcy is not easy and can actually be quite complicated and confusing. Each bankruptcy case is different, so it is not always simple for you to know what to expect after you declare bankruptcy. Here are a few things you should know if you are considering filing for bankruptcy.

Bankruptcy Does Not Happen Overnight

Some people think of bankruptcy as being similar to small claims court where you usually receive your disposition the same day you attend court. This is not the case. The bankruptcy process is complex and typically lasts at least a few months if you file for a Chapter 7 bankruptcy. If you file for a Chapter 13 bankruptcy, the case is open and ongoing for three to five years, the duration of your repayment plan.

Not Everyone Qualifies for Bankruptcy

Not just anyone can get a bankruptcy. Especially for a Chapter 7 bankruptcy, there are certain requirements that you must meet, such as being below a certain income level and passing the means test. The means test is a way of determining your monthly income and expenses to figure out how much disposable income you have each month.

If You Do Qualify, Not All Debts Are Eligible to Be Discharged

Another misconception that people have is that they will be completely free of debt once they have filed for bankruptcy. This depends on a couple of things. First, it depends on the type of bankruptcy you file and second, it depends on the type of debt you have. Most unsecured debt will be discharged in a Chapter 7 bankruptcy, such as credit card debt. However, student loan debt, federal, state and local taxes, alimony and child support debt cannot be discharged or forgiven in bankruptcy.

Your Bankruptcy Will Affect Your Credit

Though bankruptcy can have a huge effect on your life, perhaps one of the most prominent effects is what bankruptcy does to your credit. After a Chapter 7 bankruptcy is finished, it will be reported on your credit report and will stay there for up to 10 years. Most creditors will shy away from loaning money to someone with bankruptcy, so it may be hard for you to open a credit card, take out a mortgage or buy a car.

A New Braunfels, TX Bankruptcy Attorney Can Help

If you are unsure of whether or not bankruptcy is right for you, you should talk with a skilled San Antonio, TX bankruptcy lawyer. At the Law Offices of Chance M. McGhee, we can help you understand all of your options available to you to manage your debts. We can also help you make the right decision about what is best for you and your family’s situation. To schedule a free consultation, call our office today at 210-342-3400.

 

Sources:

https://www.thebalance.com/top-things-to-know-about-bankruptcy-316198

https://www.thesimpledollar.com/credit/bankruptcy/what-to-expect-when-filing-for-bankruptcy/

 

The Basics of Texas Wage Garnishment and Bankruptcy

September 30th, 2019 at 9:58 am

garnishmentMost Americans have some form of debt. According to the latest figures from the Federal Reserve, consumer debt amongst Americans has reached $4.1 trillion. While many people successfully manage their debt through careful budgeting and conservative spending, there are some who are in over their heads. Not paying your debts as you should be paying them can result in consequences. Debtors will try almost anything to get the money that you owe them, including something called wage garnishment.

What Is Wage Garnishment?

If you are legally obligated to pay back a debt, you must do so or face consequences. One of those consequences is wage garnishment. A wage garnishment, or wage attachment, is a court order that a creditor or lender sends to your employer. The order instructs your employer to withhold a certain amount of money from your paycheck and send it directly to your lender. Federal wage garnishment laws apply, but wage garnishment laws in Texas are slightly different.

Texas Wage Garnishment Laws

Unlike many states, Texas is rather strict when it comes to wage garnishments. In Texas, most lenders are unable to garnish your wages for unpaid debts. The only debts that qualify for wage garnishment in Texas include:

  • Unpaid taxes or fines
  • Unpaid child support or alimony
  • Unpaid student loans that have been declared to be in default

Texas laws state that your wages are part of your “personal property exemption” when it comes to creditors’ claims, meaning a creditor does not have a right to your wages, even if you owe them money.

Wage Garnishment and Bankruptcy

If you are experiencing wage garnishments, you may want to consider filing for bankruptcy. A Chapter 7 bankruptcy is the only type of bankruptcy that can stop wage garnishments once the automatic stay is put into place. The bankruptcy can also help you to get back on your feet financially and use your funds that have been freed up to pay some of your other debts that do qualify for wage garnishment, like taxes or child support.

Talk With a San Antonio, TX Bankruptcy Attorney About Your Options for Relief

Wage garnishments can be devastating for some people. In some cases, bankruptcy might be your best option if you are experiencing wage garnishment. The smartest thing you can do is to get in touch with a skilled New Braunfels, TX wage garnishment defense lawyer to discuss your situation and figure out what your next step should be. At the Law Offices of Chance M. McGhee, we understand how wage garnishments can affect your livelihood. Call our office today at 210-342-3400 to schedule a free consultation.

 

Sources:

https://www.federalreserve.gov/releases/g19/current/

https://statutes.capitol.texas.gov/Docs/PR/htm/PR.42.htm

Can I Discharge My Student Loans in Bankruptcy?

January 25th, 2019 at 10:48 pm

bankruptcyThere are over 44 million young adults in the United States who currently have student loan debt. Those 44 million people owe a combined total of $1.52 trillion, with the average borrowing being $37,000 in debt by the time they graduate. Student loan debt is a rising issue, especially since many have trouble making their payments. One of the most searched questions online is, “Can I discharge my student loans in bankruptcy?” In short, no, you usually cannot, but as with many things, there are a few exceptions to that rule.

The Brunner Test

In 1998, a law was passed that stated you could not discharge student debt unless you could prove that repaying that debt would cause you undue hardship. In 2005, that law was extended to all types of student debt, including private student loans.

Proving undue hardship can actually be quite difficult. The test that is most commonly used in court to determine whether or not you would be experiencing undue hardship is called the Brunner Test. The test is actually quite simple and consists of three elements. These are:

  • Making student loan payments would not allow you to maintain a minimum standard of living because of your current income and expenses;
  • You have extenuating circumstances that make it likely that you will be in the same financial situation for most of the duration of the repayment period; and
  • You have attempted to repay the loan by seeking alternative repayment options and limiting your expenses as much as possible.

This is the basic formula that most courts will use to determine if you are experiencing undue hardship. Some courts will take into account other facts, like age, income, health, other financial circumstances and other factors.

A New Braunfels Bankruptcy Lawyer Can Help You Choose Your Best Course of Action

It can be difficult to know when you need to file for bankruptcy. There are many other options for student loan repayment than a bankruptcy. For federal loans, there are income-driven repayment plans and many private loan servicers will also work with you to create a repayment plan. Bankruptcy should be used as a last resort, but sometimes it is necessary. If you are thinking about filing for bankruptcy, contact us at the Law Offices of Chance M. McGhee. Our skilled Kerrville bankruptcy attorneys can help you go over your finances and choose which type of bankruptcy would be best for your situation. Call our office today at 210-342-3400 to schedule a free consultation.

 

Sources:

https://www.forbes.com/sites/zackfriedman/2019/01/09/student-loans-bankruptcy-discharge/#3230fc0e6d56

https://www.forbes.com/sites/zackfriedman/2018/06/13/student-loan-debt-statistics-2018/#774d1c7310fa

https://www.nerdwallet.com/blog/loans/student-loans/student-loans-bankruptcy/

How to Rebuild Credit After a Texas Bankruptcy

October 14th, 2018 at 9:51 pm

Texas bankruptcy lawyerThough many people think a bankruptcy can ruin their credit for the rest of their lives, that is not necessarily true. When you file for a Chapter 7 or Chapter 13 bankruptcy, it stays on your credit report for at least seven years. Though that can be disheartening, you should not worry too much – you can start to rebuild your credit right after you file for bankruptcy. Often, people find that their financial situations and credit scores are even higher than they were before bankruptcy, given you can change the reason you became buried in debt. Though it can seem daunting, rebuilding your credit score after you file for bankruptcy is crucial. Here are XX ways to help build your credit back up.

Create a Budget

One of the first ways you can make sure you are on the track to financial success is by creating a monthly budget to keep track of your spending. There are numerous websites and apps that can help you do this, but they all essentially do the same thing – take your monthly earnings and subtract monthly expenses, budget for a few luxuries and then use what is left over to pay off debt, invest, or deposit into a savings account.

Open a Secured Credit Card or Use a Cosigner

After you have filed for a bankruptcy, credit card companies see you as a high-risk borrower, meaning there is a greater chance that they will not get their money from you. This can be a problem because one of the main ways of building credit is through credit cards. A way around this is opening a secured credit card, which is slightly different from a traditional credit card because you must put down a deposit to open the card. Another option would be to open a traditional credit card, but have a cosigner agree to pay off the debt if you for some reason are not able to.

Consider a Secured Loan

Credit scores are not all about credit cards – many types of debt are taken into consideration when determining your credit score, so it is good to diversify your debt. Again, lenders are going to see you as a high-risk borrower, so many will likely not allow you to take out a traditional loan, but you may be able to take out a secured loan, which functions much like a secured credit card. Secured loans allow you to borrow money that you already have deposited and some allow you to may payments toward a certain amount, though you would not have access to those funds until all payments were made.

Contact a Kerrville Bankruptcy Lawyer

Though filing for bankruptcy can be intimidating and even embarrassing for some, often bankruptcy is the only choice. By hiring a knowledgeable Boerne bankruptcy attorney, you can ensure that you are doing the right thing for your finances and your family. Bankruptcies can be damaging to your credit score, but there are ways you can rebuilt them. Contact the Law Offices of Chance M. McGhee to discuss your options. To schedule a consultation, call the office at 210-342-3400.

 

Source:

https://www.nerdwallet.com/blog/finance/rebuild-credit-after-bankruptcy/

 

Lawsuit Highlights the Issues with Debt Settlement Services

August 27th, 2018 at 4:44 pm

Texas bankruptcy lawyerRecently, the Consumer Federal Protection Bureau (CFPB) initiated a lawsuit against the nation’s largest debt settlement services provider, Freedom Debt Relief. According to the claims, this formerly well-regarded company was not telling the truth as far as their fees and the reach of their capabilities. Unfortunately, this is not the first, nor the last debt settlement company openly deceiving clients to earn their trust and boost their profits. These are a few of the top complains that surfacing from the litigation.

Debt Settlement Promises Are Misleading

Clients complain that Freedom Debt Relief led them to believe that all of their debts were negotiable and would settle within months. Unfortunately, debt settlement services do not have the capabilities of stopping collection attempts. Therefore, many clients continued experiencing harassing phone calls, emails, and postal collection attempts, many of which went further into collections or resulted in judgments. Filing for bankruptcy is the only method that places an automatic stay on all collection attempts; meaning, foreclosure, repossession, and harassment all must come to an abrupt stop.

Clients Experienced Deceptive Practices

Many customers claim Freedom Debt Relief verbally agreed that they would negotiate all of their debts; yet, sources show the company had prior knowledge that several companies already refused to consult with their company, regardless of the client. In the debt settlement options, creditors examine each offer on a case-by-case basis and choose whether or not to negotiate. Bankruptcy does not give any creditor the authority to refuse, except on disallowable debts. If your debt is not allowed in the bankruptcy, your attorney will let you know before beginning the filing process.

Freedom Debt Relief Lied About Fees

All debt settlement companies receive payment based on the portion of any amount they convince a creditor to forgive or reduce. One of the significant complaints emerging from the lawsuit was customers realized the company assessed additional fees, including when a creditor voluntarily gave up collection attempts without Freedom’s involvement. Debt settlement services nickel and dime their payments, making it impossible for clients to know how much they should expect to pay the company. Attorney Chance M. McGhee lets each of his clients know how much they can expect to spend, leaving little room for surprises.

Get the Reliable Results You Need

A significant number of bankruptcy filers began by trying debt settlement first. Unfortunately, the complaints are consistent, regardless of their chosen company: the process takes too long and ultimately costs too much. If you decide to file for Chapter 7 or Chapter 13 bankruptcy, you will see results in months, not years. A Schertz, TX bankruptcy attorney will give you honest representation with no hidden surprises. Law Offices of Chance M. McGhee has decades of experience assisting clients through the bankruptcy process and earning them the financial freedom their families needed. Let us earn your trust today. Call us at 210-342-3400 to find out how bankruptcy can benefit your family in a free no-obligation consultation.

Source:

https://www.consumerfinance.gov/about-us/newsroom/cfpb-sues-freedom-debt-relief-misleading-consumers-about-its-debt-settlement-services/

Managing Your Finances after Bankruptcy

June 29th, 2018 at 8:03 pm

Texas bankruptcy attorneyThink about it: you have already made the mistakes; therefore, you know what to avoid. Bankruptcy tends to make filers better money managers both through experience, as well as through the required courses. Most new clients ask how long it will take to rebuild their credit, followed shortly by the firm statement that they will only ever pay for anything in cash ever again. Bankruptcy is one experience that will help you better manage your finances and empower you to to make better decisions in the future.

Education Requirements

In 2005, Congress passed the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) due to their belief that the system was too lenient on those filing for bankruptcy. At that point, they instituted a two-part education program as a requirement to file for bankruptcy. These sessions include:

  • Pre-petition credit counseling which explores all financial relief options to determine if bankruptcy is, in fact, the best option; and
  • Post-petition financial management which occurs before the discharge is finalized and educates clients about how to move forward, budget, manage money, and rebuild credit successfully.

Beyond the Sessions

Most families attending these courses gain essential insights into bankruptcy alternatives, if they qualify, as well as best practices in money management to avoid a recurrence. A few of the most helpful pieces of advice include:

  • Get budget help through financial tracking apps;
  • Start an emergency savings fund instead of an emergency credit card;
  • Live within your means (appropriate house and car size);
  • Eat at home more often than you eat out (this includes coffee and sodas);
  • Cut cable and other unnecessary expenses;
  • Unsubscribe from tempting advertisement emails;
  • Teach kids to be thrifty in spending; and
  • Remember that less is more.

Ask Someone with Experience

Believe it or not, you will begin receiving offers from lenders offering you loans and credit lines shortly after finalizing your bankruptcy. Unfortunately, many people accept these offers for fear that there will be no other offers. Advice to consider is to avoid large loans in the beginning. If you work with small lines of credit and keep them paid on time, eventually better offers will come in. If you have questions about how bankruptcy can help your current situation and your future, a Boerne bankruptcy lawyer can help. At  Law Offices of Chance M. McGhee, we provide cost-efficient and compassionate counsel to individuals, families, and small business owners struggling with a financial crisis. Call us today at 210-342-3400 to schedule a free case review.

 

Sources:

http://www.txs.uscourts.gov/bankruptcy

 

Reclaiming Your Texas Driver’s License through Bankruptcy

April 12th, 2018 at 11:34 pm

Texas bankruptcy attorneyCreditors can take the issue of unresolved debt to court and have a judge issue a judgment against the debtor. In most states, judgments do not severely impact the life of a debtor thanks to existing exemptions that protect against losing homes and other possessions. However, in Texas, an unpaid judgement authorizes loss of driving privileges by suspending a driver’s license. The suspension goes on often indefinitely until there is a proof of repayment, or until the issuance of an automatic stay. Such a blow to one’s independence can wreak havoc on any life. Fortunately, reclaiming your license is one of the many surprising benefits of filing for bankruptcy.

How The Loss of Driving Privileges Turns Into A Catastrophe

Although for some the loss of legal driving privileges is a slight inconvenience, the set back is devastating for many others. Having driving abilities is not just about getting to work on time, it is also family availability and other daily life requirements. Furthermore, many employers require a valid driver’s license to maintain employment, such as in positions requiring travel. The next steps are up to the employer. Sometimes, an employer can choose to relocate an employee to an area that does not necessitate a license (or the handling of money, since financial instability creates a liability for many business operations). If termination of employment is the ultimate decision, the loss of income may affect the following payments:

  • Mortgage or rent;
  • Insurance;
  • Groceries; and
  • Electricity.

Get Your Driver’s License Back

If financial difficulty resulted in the loss of your driver’s license, losing your job only compounds the issue further. Fortunately, bankruptcy can enable you to get your license back. Filing for bankruptcy puts an automatic stay in place, which prevents creditors from pursuing all attempts to collect on debt, enabling the filer to reinstate the license without having to satisfy the obligation. Doing so in a timely manner can prevent job loss and the potential accompanying snowball effect the loss of income can have on bills.

Ask an Attorney

If you lost your license as a result of the inability to pay a bill, the last thing you likely want to happen is to experience a job loss on top of it all. Explore the option of bankruptcy with a San Antonio bankruptcy attorney today. At the Law Offices of Chance M. McGhee, we understand how frightening and embarrassing the thought of bankruptcy is, but we also know that waiting can make matters worse. Discover your options today by calling 210-342-3400 for your free and confidential consultation.

 

Sources:

http://www.govcollect.org/files/Texas_Debt_Collection.pdf

https://www.hrbartender.com/2012/recruiting/ask-hr-bartender-losing-your-drivers-license-can-impact-your-career/

 

Strategies to Avoid Credit Card Debt

July 17th, 2015 at 10:13 am

Texas bankruptcy attorney, Texas chapter 7 lawyer, Texas chapter 13 attorney,Credit can be a helpful tool when a person faces unexpected financial hardship, but it is also a major contributor to many Americans’ debts. The convenience of credit and bonus offers from credit card companies motivate many consumers to spend out of their budget.

By understanding how to manage credit cards responsibly, it is possible to avoid the stress and uncertainty that come with insurmountable debt. Read on to learn three strategies to avoid credit card debt.

Keep Diligent Records of What You Spend

Online shopping has made it particularly easy to overindulge with credit cards. People can spend thousands with the click of a few buttons.

According to the Federal Trade Commission, one of the best ways to avoid serious debt from online spending with credit is to keep a record of purchases. This will help you understand how much credit spending is affecting your finances.

Do Not Spend More than Half of Your Credit Card Limit

As a general rule, you should never spend more than half of your credit limit. This will ensure that you have credit available in a financial emergency. It can also prevent compulsive spending.

When Dealing with Debt Collection Efforts, Always Keep a Record

Collection agencies love to harass debtors who have outstanding balances. They often call debtors several times each day to request payments.

Even if you are in collections, it is important to understand that you still have rights. There are laws that limit the strategies collection agencies can use to recover payments. Be sure to keeping a record of your communications with debt collectors to protect your rights.

If outstanding credit card debt has become too much for you to handle, call an experienced San Antonio bankruptcy attorney. At the Law Offices of Chance M. McGhee, we can evaluate your situation and create a debt-relief plan. This may involve chapter 7 or 13 bankruptcy, or a bankruptcy alternative. To get started, call our office today at 210-342-3400 for a free initial consultation.

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210-342-3400

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