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California Bankruptcy Attorney Blog

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While few Americans have been spared from the recent economic downturn, the residents of Los Angeles and the surrounding area in particular have suffered more than most. According to an NBC survey in 2009 of 354 metropolitan areas, Los Angeles was number one in job loss. Just from November 2008 to November 2009, the Los Angeles area shed nearly 200,000 jobs. With such horrific, long-term unemployment, it's not surprising that the services of a Los Angeles bankruptcy attorney are in higher demand than ever before.

Bankruptcy in Los Angeles

According to Professor Robert Lawless, a law professor at the University of Illinois and contributor to the Consumer Bankruptcy Project, California has seen one of the steepest increases in the country for bankruptcy filings over the past couple of years – a fact that comes as no surprise to the average California bankruptcy lawyer (Source: Los Angeles Times, June 28, 2009). A bankruptcy attorney in California would probably point to California's high foreclosure rate as part of the problem; California's housing market, for years regarded as one of the most inflated in the nation, crashed harder than most in America.

With the help of a Los Angeles bankruptcy attorney, you have a far better chance of succeeding in filing for bankruptcy and stopping foreclosure.


On any given morning in the bankruptcy filing office, it's not unusual to see as many as twenty people filling out paperwork and preparing to declare bankruptcy. Unfortunately for these individuals, many are filing without a Los Angeles bankruptcy attorney, meaning that stopping a foreclosure sale on their home will be unlikely. In the short term, as soon as a bankruptcy filing is turned in, the foreclosure sale is put on hold, but without the aid of a bankruptcy lawyer in California, many sales go through in the end anyway.

Ask a California bankruptcy attorney just how bad it's gotten out there, and they might point you in the direction of the Central District of California bankruptcy court's statistics. In 2007, the court, which handles bankruptcies in Los Angeles and the surrounding area, handled 812 bankruptcy cases. In 2008, it handled 1,382 cases. In 2009, that number went up to 2,148. So far in 2010, it has already processed 3,526 cases (Source: Central District of California bankruptcy court statistics, http://www.cacb.uscourts.gov/).

Find a Los Angeles Bankruptcy Attorney

When you're already deep in debt, the last thing you probably want to consider is paying legal fees, especially when you can file bankruptcy paperwork yourself. However, consider the fact that the bank that's planning to sell your home off will be represented in court by attorneys who know the law well. Without a bankruptcy attorney in California to represent your side of the story, your chances of saving your home are slim at best. Although you may not want the expense of a Los Angeles bankruptcy attorney, in the long run, legal fees are certainly a small price to pay compared to losing your home.

With years of experience, California bankruptcy attorney, Michal Shemtoub can guide you in the bankruptcy process. Call (877) 427-2752 and make an appointment for free consultation now.

Many people fear bankruptcy because they fear the aftermath of bankruptcy. There is good reason to be concerned about the aftermath of bankruptcy; after all, there is no avoiding the fact that bankruptcy will damage your credit, and in some cases, bankruptcy may temporarily raise your monthly bills rather than reducing or removing them. These unexpected consequences of bankruptcy can leave some debtors in more dire financial straits than they were in before bankruptcy. 

Having a California bankruptcy attorney by your side during bankruptcy increases the chance of your success in filing for bankruptcy.

Understanding What Type of Bankruptcy is Best for You

California residents facing bankruptcy should consult with a California bankruptcy attorney before taking any other step. In most cases, a bankruptcy attorney will offer you a free consultation in person or over the phone to help you get started. One of the first things a bankruptcy lawyer in California will help you figure out is which type of bankruptcy you qualify for and which type is best for your circumstances. In a Chapter 7 bankruptcy, your unsecured debts – such as credit card debts – will often be completely discharged. Your secured debts, such as your car loan or your mortgage, will not be discharged. In a Chapter 13 bankruptcy, your California bankruptcy lawyer will negotiate a reasonable payment plan with the courts based upon your income level. The success rate in filing bankruptcy, especially Chapter 13, is actually lower than you might think. Only about 33% of all Chapter 13 cases make it through the full duration of the payment plan. In the other two-thirds of Chapter 13 cases, people end up losing their homes, their cars, and other possessions. Therefore, it's vitally important to work closely with a good bankruptcy attorney in California if you wish for your Chapter 13 bankruptcy to give you the second chance you're looking for.

What it Takes to Succeed in Chapter 13

Bankruptcy code in the United States gives debtors five years to pay back their creditors under Chapter 13. During these five years, the debtor keeps all of their property, but they must stay on top of the court-approved, interest-free payment plan. This latter caveat is the part of Chapter 13 where many people fail. Either because their other debts are too great, or because of a lack of fiscal discipline, prolonged job loss, mounting medical bills, or other extenuating circumstances, many debtors fail to keep up with the payment plan. For this reason, many people prefer a Chapter 7 bankruptcy, which outrightly eliminates most unsecured debts. For many debtors, the discharge of certain debts is enough for them to get their heads above water financially, and meet their other commitments.

However, the advantage of a Chapter 13 bankruptcy is the full discharge of any remaining debts once the payment plan has been met. It is because of this advantage that many debtors decide they can take the risk of a Chapter 13 bankruptcy in order to succeed financially in the long run.

To reiterate, the best thing a debtor can do as a first step is to consult with a California bankruptcy attorney. An experienced bankruptcy attorney will be able to guide you towards the best bankruptcy choices for your individual situation, ensuring your future financial success. 

Call (877) 427-2752 and consult with a bankruptcy lawyer in California about your case. Each case is different and requires a different strategy to succeed in filing for bankruptcy.

Many people filing for bankruptcy are surprised to find out that not all of their debts are discharged – that is, erased. Certain debts are not eligible for discharge, including:

  • Back taxes
  • Child support and/or alimony
  • Any debts that resulted from a government fine or legal decision – for example, DUI fines, personal injury suits, damage to the property of others, unpaid parking tickets, and so on
  • Student loans
  • Some types of condominium or cooperative housing fees

In many bankruptcy proceedings, the debtor does have a right to challenge which debts are or are not discharged, but so do the debtor's creditors. A creditor, such as a bank or a credit card company, can object with the court in writing before the deadline set in the bankruptcy notice. If the court finds that the debtor has provided incomplete paperwork, fraudulent records, a failure to account for lost assets, etc., the court can side with the creditor and force the debtor to repay the debt in full. Given that some of the reasons for denying a discharge can be as minor as incorrectly completing paperwork, Californians facing bankruptcy should seriously consider hiring an attorney.
How to File for Bankruptcy in California
You owe it to yourself to find a qualified California bankruptcy attorney. Your California bankruptcy lawyer will make sure you have fulfilled all the requirements for filing for bankruptcy, such as fulfilling the requirement to receive credit counseling from an approved government organization within 180 days before you file.
A bankruptcy attorney in California can also help you determine which type of bankruptcy you qualify by a bankruptcy means test. The outcome of a bankruptcy means test will decide whether you can file for Chapter 7 bankruptcy, in which most of your unsecured debts are completely discharged, or a Chapter 13 bankruptcy, in which your bankruptcy attorney works with the court to design a realistic payment plan to get your finances back on track.
Don't underestimate the importance of relying upon a bankruptcy lawyer in California. For people in debt, it's very tempting not to add to their financial woes by paying legal fees. With your finances already in a precarious state, you don't want to risk making them worse by trying to file for bankruptcy yourself.


People considering bankruptcy grapple with many scary bankruptcy scenarios, leading them to focus on many unnecessary worries. One common worry is that filing for bankruptcy will lead to their account being frozen by their bank, or even that funds will be seized by their creditors straight out of their bank account. As any bankruptcy attorney in California can explain to you, this fear is mostly unwarranted.

Vulnerable Bank Accounts

It is true that certain bank accounts are vulnerable and can be seized or frozen. In order for a creditor to access your account, however, they cannot simply call your bank and force your bank to hand over your money. The creditor must go through a bankruptcy court, getting a public court order authorizing access to your bank account. If a creditor chooses to pursue this route and you've hired a California bankruptcy lawyer, your lawyer can fight this court order and possibly protect your bank account.

Certain funds are completely exempt from debt collection. The law recognizes that even people filing for bankruptcy need to be able to provide themselves with basic living necessities. Whether your money is in your checking account, savings account, or stashed in a CD, these “exempt funds” are just that: completely exempt from seizure.
In general, exempt funds include virtually all government payments to you, including Social Security, unemployment insurance, veterans' benefits, and public assistance. Other exempt funds include those you've received as alimony or child support, funds from workers' compensation, retirement benefits, and payments you're receiving from life insurance, a wrongful death lawsuit, or an injury lawsuit. You should consult with your California bankruptcy attorney to determine which of your funds are vulnerable and which are exempt, as these exemptions vary from state to state.

Protecting Your Funds

One thing your bankruptcy lawyer in California might advise you to do is to keep all of your exempt funds separate from your non-exempt funds. For example, if you are receiving disability payments, keep these in a separate account from your working, non-disabled spouse. If you set up an account specifically for this purpose and a creditor tries to garnish the account anyway, you can take action against the creditor with the help of your attorney.

Once the court allows your bank account to be frozen, you and your California bankruptcy attorney should contact the bank and the creditor in writing, notifying them if you have any exempt funds. Hopefully, you will know long enough in advance that your bank account might be frozen by your creditors, in which case you will have time to establish a separate account for your exempt funds.


Ask any bankruptcy attorney in California and they'll tell you the same thing: California has been hit hard – very hard – by the economic downturn that started at the end of 2007. Thanks to the long-inflated home prices, especially those around Los Angeles, when the housing bubble burst, much of it splattered all over California. With foreclosure rates in California some of the highest in the nation, each bankruptcy lawyer in California has seen clients they never expected to see walk into their offices.

The ripple effect from the housing market's crash has left its mark on nearly every industry in California, from Silicon Valley to sunny southern California.

Sonoma's Main Industry Faces Record Losses

In Sonoma County it's no different, and, as a Santa Rosa bankruptcy attorney could tell you, it will probably get worse before it gets better. In Napa Valley, 2010 is expected to be a year of record foreclosures for wine producers. Nearly 10% of producers currently say their finances are already “very weak” or currently “on life support” (Source: TheSpec.com).

Bankruptcy is hard enough without an attorney. Get help from a Santa Rosa bankruptcy attorney today and use their advice for your particular circumstances.


What will happen to the rest of Sonoma County when the wine industry crashes? In Santa Rosa, bankruptcy attorney offices know what will happen – they're already seeing record number of average, hard-working Santa Rosa residents forced into bankruptcy.

Don't Face Bankruptcy Alone

Filing for bankruptcy is not as easy as just filling out some paperwork and handing it over to a bankruptcy court. Besides the federal laws governing bankruptcy, there are also local bankruptcy rules put into place by each district court. If you don't know those rules, your filing will suffer.

The best strategy for a bankruptcy filing is to hire a local attorney. Santa Rosa residents, therefore, shouldn't hire just any California bankruptcy attorney, but should look specifically for a Santa Rosa bankruptcy attorney. A California bankruptcy lawyer in another city can certainly offer you good advice, and can guide you through the bankruptcy process, but do they know the quirks of the local judges? Are they familiar with the Northern District of California's local bankruptcy rules – those that went into effect in December 2009? A Santa Rosa bankruptcy attorney, will certainly be familiar with the idiosyncrasies of the local court, and will stand ready to help you work your way through bankruptcy.

A Santa Rosa bankruptcy attorney will first take a look at your financial situation and advise you which type of bankruptcy you qualify for – Chapter 7 or Chapter 13. Chapter 7 is generally harder to qualify for than Chapter 13, but a Santa Rosa bankruptcy attorney can make the difference in your eligibility. Once you've determined what kind of bankruptcy you're eligible for, your Santa Rosa bankruptcy attorney will walk you through every step of the process.

Call (877) 427-2752 and schedule an appointment to consult with a California bankruptcy attorney and see which chapter of bankruptcy you qualify for.

On March 14, 2010, the Fresno Bee reported the depressing news that job recovery in Fresno is expected to be slower than in most of the country. Fresno, unlike its coastal neighbors in Los Angeles or in the Bay Area, lacks big corporate headquarters. In Fresno County, the Bee stated, January 2010 unemployment rates stood at a jaw-dropping 18.2% -- one of the highest in the nation. With nearly one out of five people looking for work, but without the recovering corporate giants that are starting to hire again in other parts of California, it seems that any given Fresno bankruptcy attorney will still have plenty of business.

Poverty is not new in Fresno; in the rich state of California, Fresno has always stood out as one of the poorer regions. Even in good times, Fresno had a higher unemployment rate than most of California. Yet something new is happening in Fresno that hasn't been seen before: even mid-level managers and highly skilled executives are out of work, and staying out of work. For a Fresno bankruptcy attorney, people are walking into their offices who they never would have expected to see before – people with post-graduate degrees and years of experience in their field.

Hiring a Fresno bankruptcy attorney can go a long way in saving your assets in bankruptcy. An attorney can help you file for a chapter of bankruptcy that will save more of your assets and helps you rebuild your credit after bankruptcy.

Residents Aren't the Only Ones Looking for a California Bankruptcy Attorney

To make matters worse, several of Fresno's bigger businesses are going belly-up as a result of the recession. Gottschalks, a Fresno-based retailer, filed for bankruptcy in January 2009. If creditors reject the payment plan the court has worked out, their Chapter 11 bankruptcy plan may convert into a Chapter 7 liquidation, and Gottschalks would likely completely disappear, leading to yet more job loss. Besides Gottschalks, Jack-in-the-Box's Fresno properties were recently sold at auction. Other industries in the Fresno area show no sign of recovering any time soon.

Filing for Bankruptcy in Fresno

Finding a Fresno bankruptcy attorney, or another bankruptcy attorney in California, should be your first step if you're considering bankruptcy. A Fresno bankruptcy attorney can help you determine which type of bankruptcy you qualify for – Chapter 7 or Chapter 13. Most people don't realize that Chapter 7, in which unsecured debts are mostly discharged, is still an option for them. Bankruptcy laws changed in 2005, but a skilled California bankruptcy lawyer should be able to help you qualify if you're on the edge of eligibility.
Consider that if you file for bankruptcy without the aid of a Fresno bankruptcy attorney, you may be acting in a way that is penny wise but pound foolish. A bankruptcy lawyer in California may be able to help you stop a home foreclosure or car repossession; fighting a home foreclosure without the assistance of a Fresno bankruptcy attorney is unlikely to lead to the conclusion you're hoping for. In short, the legal fees involved in hiring a Fresno bankruptcy attorney are well worth it. Don't try filing for bankruptcy without a bankruptcy expert.

You can call (877) 427-2752 and get help from a bankruptcy lawyer in California and get all the information you need about bankruptcy. 

Not long ago, the fortunes of San Jose seemed they would never decline. As the self-proclaimed “capital of Silicon Valley”, the San Jose area is home to companies like Adobe, Cisco, SunPower, and eBay, as well as the host of large facilities for other companies, including Flextronics, Hewlett-Packard, IBM, Lockheed Martin, and Hitachi. Meanwhile, the San Jose area universities, such as UC-Berkeley, UC-Santa Cruz, San Jose State University, San Francisco State University, California State University, Stanford University, and Santa Clara University, pump out more and more computer engineers and tech experts each year. With so many big companies offering high-paying jobs, it's not surprising that the cost of living in San Jose is one of the highest in the nation. When tech firms started laying off workers and the housing bubble burst, many residents of Silicon Valley's capital suddenly found themselves facing something they had never considered before: bankruptcy.

Bankruptcy in San Jose

A bankruptcy lawyer in California – anywhere in California – will tell you that bankruptcies in the state are skyrocketing. A San Jose bankruptcy attorney, however, will tell you that the rise in bankruptcies there is even higher than in other cities in California. In 2008, bankruptcies numbers in San Jose were very bad: 4,623 bankruptcies were filed (compare to 3,526 cases handled in the Los Angeles area). Although 2008 was bad, 2009 was even worse. In 2009, San Jose bankruptcies rose to 6,839. 

The difference between hiring a San Jose bankruptcy attorney and handling your bankruptcy on your own might make the difference between your bankruptcy offering you a second chance, versus a bankruptcy that leaves very little room for a second chance.

In the January 29, 2010 edition of the San Jose Business Journal, California bankruptcy attorney Michael Malter stated, “We've been receiving between 10 and 15 requests a day from potential new clients.” He goes on to say that he's actually been turning away clients. “I'm seeing people every day who in a normal world would never ever meet with a [San Jose bankruptcy attorney],” he said. “It's a horrible plight, and I don't see any end to it.”

Don't Go Through Bankruptcy without a California Bankruptcy Lawyer to Help

People facing bankruptcy often don't want to add the expenses of legal fees that come with hiring a San Jose bankruptcy attorney. However, a bankruptcy attorney in California can protect your assets in ways you may not be able to do on your own. For example, a San Jose bankruptcy attorney might help you realize that you qualify for a Chapter 7 bankruptcy – a bankruptcy type in which most of your unsecured debts are completely discharged. This type of bankruptcy is preferable for most people over a Chapter 11 bankruptcy, in which all or part of your debts are repaid under a payment plan negotiated with the court. In short, the difference between hiring a San Jose bankruptcy attorney and handling your bankruptcy on your own might make the difference between your bankruptcy offering you a second chance, versus a bankruptcy that leaves very little room for a second chance. Hire a San Jose bankruptcy attorney before you face the court – in the long run, you'll be very glad you did.

Call (877) 427-2752 to talk to a bankruptcy lawyer in California and get information about all your available options for bankruptcy and see how you can save more of your assets. 

As a bankruptcy lawyer in California, there is perhaps no more volatile combination than what could potentially occur in Freemont, CA when the NUMMI plant closes on March 31st.  History is always the best reference point when examining the profound effect that closing a plant, which is the centerpiece of the community, will have.  We need look back no further than the GM plant closings in Flint, Michigan or Moraine, Ohio for what the future in Freemont might look like.  When GM closed the Moraine plant, 5000 workers were affected (the approximate number in Freemont).  Soon after, homes were listed for sale (people relocating), the poverty rate was 30% more than the states average, and most people were left with two distasteful options:  leave town, or accept a lower standard of living.  The city of Flint is now suffering so greatly the Chairman of the Board of Commissioners, Jaime Curtis, said this:  “Flint is in such dire straits (the only option might be) to go into Chapter 9 and get relief from those contracts.”.  Chapter 9 Bankruptcy is reserved for municipalities and since 1934 there have only been 600 cases, but it may become reality in Flint later this year.  Currently in Freemont there are 5,000 auto workers set to be laid off, 1,500 teamsters, and roughly 50,000 support business employees whose business is dependent on the NUMMI plant (vendors, suppliers, etc).  The average production wage for these employees is around $65k, still, when the workers in Flint and Moraine where in the same position a few years ago most of these workers said they were no more than 2 weeks without pay away from financial ruin.  With a significantly higher cost of living in the State of California, the outlook for Freemont workers without another business to take Toyota’s place is not bright.  Using history has the guide once again, 28 years ago in Freemont GM closed its doors and two years later Toyota took its place providing the community with many needed jobs and infused the area with capitol.  With even a two year gap between businesses (Toyota-to-the-Next Company…assuming one relocates to Freemont) most of the workers would not survive financially.  Prior to arriving at that point, and long before considering touching ones protected retirement funds for survival,  I encourage all affected by NUMMI to investigate bankruptcy and its protections with an experienced attorney.  History is our best indicator for the future, and if these communities’ local governments are considering Bankruptcy and its protections certainly it is a valid discussion for the people directly affected.

 If you have any more questions regarding bankruptcy or wanted to get your case started and wipe out your debt please give us a call (877) 427-2752.


San Diego economic analysts considered it good news when the rate of new job loss slowed in 2009; after all, they said, the rate of job loss from September 2008 to September 2009 was a mere 55,000 workers.

Meanwhile, the analysts also said that the free-fall in house values was slowing down, and that was a good thing, too. In fact, they'd even started to climb back up in late 2009 – by 1%, that is. Considering that homes in the San Diego area lost 40% of their value since September 2005, it's hard to see how much difference a 1% gain will really make.

Bankruptcy is a Better Option than You Might Think

Given that the economic turmoil currently festering in San Diego is the worst in living memory, it shouldn't be surprising that more people than ever before are considering bankruptcy. A California bankruptcy attorney can help you decide if bankruptcy might be right for you.

Bankruptcy isn't the end of the road; it's a chance at a fresh start. Your San Diego bankruptcy attorney can guide you through this process and help you kick start your new financial life.

Maybe you've never thought you'd be in the position of even considering bankruptcy – as your San Diego bankruptcy attorney will explain to you, you're not the only one. Many individuals who were previously on solid middle-class footing have lost that sure financial footing due to prolonged job loss in an unforgiving economy. With the city continuing to lose jobs, it's uncertain when or how the unemployed will get back to work. And when unemployment coincides with other financial hardships, such as unexpected medical bills, the results are downright disastrous.

Your San Diego bankruptcy attorney just might be your knight in shining armor. Every day, these California bankruptcy lawyers are helping people just like you. A San Diego bankruptcy attorney might be able to help you keep your home, keep your car, and keep your life. With the help of a San Diego bankruptcy attorney, you can work out a plan with the court to form a more realistic debt repayment plan, such as in a Chapter 13 bankruptcy, or have many of your debts completely discharged, such as in a Chapter 7 bankruptcy. Your bankruptcy lawyer in California is aware of all the new changes the laws and can help you in choosing the best option.
As your San Diego bankruptcy attorney will tell you, bankruptcy isn't the end of the road; it's a chance at a fresh start. Relieved of the endless, disheartening calls of bill collectors, and secure in keeping your home, you'll be able to get back to the most important business of all: the business of living your life, with the help of your bankruptcy attorney in California

If you need help with your bankruptcy case, or need some information regarding bankruptcy laws, you can call (877) 427-2752 and one of our California bankruptcy lawyers will help you.

From 2008 to 2009, the number of people declaring bankruptcy increased 31%. People like Brian Winter, a tax preparer in Riverside, CA, see first-hand how everyday people – people who have decent jobs (or had decent jobs) – are simply overwhelmed this year by debts and taxes. Many of his clients, says Winter, will be forced into bankruptcy.
It should not be surprising, then, that in Riverside, CA, a county of country clubs and mansions, foreclosures jumped 35% in 2009, and more people than ever found themselves searching for a California bankruptcy attorney.

A Riverside Bankruptcy Attorney Can Help

If you are considering the possibility of bankruptcy, a Riverside bankruptcy attorney can help. Just like any other bankruptcy attorney in California, each Riverside bankruptcy attorney is working with clients they never expected to see: not poor people, and not wealthy people who blew their fortunes on material excesses, but middle class people experiencing long-term unemployment due to the “Great Recession”. As every California bankruptcy lawyer from across the state can tell you, it is the middle class who are being hardest hit by the economic slump.

Instead of seeing bankruptcy as a failure, see it as a new beginning. Seek the advice of a Riverside bankruptcy attorney and see if you are eligible to file for bankruptcy.

A Riverside bankruptcy attorney can help you decide which type of bankruptcy is right for you. If your income level is below the median level of the state of California, there's a good chance you'll qualify for Chapter 7 bankruptcy, the bankruptcy in which almost all of your debts will be completely discharged. With most debts discharged, your Riverside bankruptcy attorney can help you start over with a clean slate.

However, as the average bankruptcy lawyer in California knows, qualifying for Chapter 7 isn't as easy as it used to be. Courts are under pressure from the government to make sure not just anyone can qualify for a Chapter 7 bankruptcy; they want more people to file under Chapter 13, in which the courts and your Riverside bankruptcy attorney work out an arrangement for you to repay at least part of your debt.

Bankruptcy Represents a New Beginning

If you're facing bankruptcy, you shouldn't feel as if you've failed. Many people just like you, who never thought they would ever have to even utter the word “bankruptcy”, are finding themselves seeking out a good Riverside bankruptcy attorney. Instead of seeing bankruptcy as a failure, see it as a new beginning.
Just remember: many of America's most famous entrepreneurs, from P. T. Barnum to Henry Ford, declared bankruptcy at one point or another in their career. Some of the nation's most famous and historically important mavericks even declared bankruptcy twice! If these Americans could file for bankruptcy and live to tell the tale, then so can you. Contact a Riverside bankruptcy attorney today to set up a consultation.

Call (877) 427-2752 to talk to a bankruptcy lawyer in California and get more information about bankruptcy laws and eligibility requirements.

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Michael Shemtoub, California bankruptcy attorney, specializes in chapter 7 bankruptcy in California and chapter 13 bankruptcy in California
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