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In re Maine

United States Bankruptcy Court, S.D. Ohio

Decided November 18, 2011No. 11-31117PublishedCited by 5 opinions

1Opinion of the Court

Decision Granting In Part and Denying In Part Trustee’s Objection to Debtor’s Claim of Exemption in Bank Account

GUY R. HUMPHREY, Bankruptcy Judge.

I. Introduction and Issues Presented for Determination

This contested matter is before the court on the Chapter 7 trustee’s objection *725to the debtor’s claim of exemption in a bank account. The debtor claims that the funds in the bank account are exempt because they are the debtor’s Earned Income Credit and the Additional Child Tax Credit received from the federal government and, therefore, are exempt pursuant to Ohio Revised Code § 2329.66(A)(3). The…

2Cases cited27 opinions

  1. Philpott v. Essex County Welfare BoardSupreme Court of the United States · 1973
  2. Sorenson v. Secretary of the TreasurySupreme Court of the United States · 1986
  3. United States v. Banco Cafetero Panama, Banco Cafetero Colon, Defendants-In-Rem-AppellantsCourt of Appeals for the Second Circuit · 1986
  4. Porter v. Aetna Casualty & Surety Co.Supreme Court of the United States · 1962
  5. In Re Columbia Gas Systems Inc. Columbia Gas Transmission Corporation. The Official Committee of Unsecured Creditors of the Columbia Gas Transmission Corporation v. Columbia Gas Systems Inc. Columbia Gas Transmission Corporation, Thomas E. Ross, Trustee, Tennessee Gas Pipeline Company, Intervenor-Defendant, Meridian Oil Production Inc. ("Meridian Oil"), Intervenor in Support of Maryland Office of People's Counsel ("Mpc"), Intervenor in Support of Pennsylvania Office of Consumer Advocate (Pa. Oca), Intervenor in Support of Orange and Rockland Utilities, Inc. Central Hudson Gas and Electric Corporation New York State Electric and Gas Corporation National Fuel Gas Supply Corporation, Intervenors in Support of Official Committee of Customers of the Columbia Gas Transmission Corporation, Columbia Gas Distribution Companies, Intervenors in Support of Ozark Gas Transmission System, a Texas General Partnership (The "Partnership") and Its Subsidiary, Ozark Finance Corporation (The "Company"), Intervenors in Support of Cities of Charlottesville and Richmond, Virginia, Intervenors in Support of Official Committee of Customers ("Customer Committee") of Columbia Gas Transmission Corporation ("Tco"), Intervenor in Support of Pennsylvania Public Utility Commission Maryland Public Service Commission Public Utilities Commission of Ohio, Intervenors in Support of Consumer Advocate Division of the Public Service Commission of West Virginia, Intervenor in Support of Delmarva Power & Light Company ("Delmarva") the Providence Gas Company ("Providence"), Intervenors in Support of Office of People's Counsel for the District of Columbia (Opc), Intervenor in Support of Office of the Consumers' Counsel, State of Ohio (Occ), Intervenor in Support of Gas Research Institute ("Gri"), Amicus Curiae, Columbia Gas System, Inc. ("Cg") and Columbia Gas Transmission Corporation ("Tco" and Together With Cg, "The Debtors"), No. 92-7395. In Re Columbia Gas Systems Inc. (Fifteen Cases) Columbia Gas Systems Inc. v. Unsecured Creditors Committee, Thomas E. Ross, Trustee, Meridian Oil Production Inc. ("Meridian Oil"), Intervenor in Support of Maryland Office of People's Counsel ("Mpc"), Intervenor in Support of Pennsylvania Office of Consumer Advocate (Pa. Oca), Intervenor in Support of Orange and Rockland Utilities, Inc. Central Hudson Gas and Electric Corporation New York State Electric and Gas Corporation, National Fuel Gas Supply Corporation, Intervenors in Support of Official Committee of Customers of the Columbia Gas Transmission Corporation, Columbia Gas Distribution Companies, Intervenors in Support of Ozark Gas Transmission System, a Texas General Partnership (The "Partnership") and Its Subsidiary, Ozark Finance Corporation (The "Company"), Intervenors in Support of Official Committee of Customers ("Customer Committee") of Columbia Gas Transmission Corporation ("Tco"), Intervenor in Support of Cities of Charlottesville and Richmond, Virginia, Intervenors in Support of Pennsylvania Public Utility Commission Maryland Public Service Commission Public Utilities Commission of Ohio, Intervenors in Support of Consumer Advocate Division of the Public Service Commission of West Virginia, Intervenor in Support of Delmarva Power & Light Company ("Delmarva") the Providence Gas Company ("Providence"), Intervenors in Support of Office of People's Counsel for the District of Columbia (Opc), Intervenors in Support of Office of Consumers' Counsel, State of Ohio (Occ), Intervenor in Support of Gas Research Institute ("Gri"), Amicus Curiae, Columbia Gas Systems, Inc. ("Cg") and Columbia Gas Transmission Corporation ("Tco" and Together With Cg, "The Debtors"), No. 92-7396. Meridian Oil Production Inc. v. Columbia Gas Systems Inc. Columbia Gas Transmission Corporation Thomas E. Ross, Trustee, Maryland Office of People's Counsel ("Mpc"), Intervenor in Support of Official Committee of Unsecured Creditors of Columbia Gas Transmission Corporation, Intervenor in Support of Pennsylvania Office of Consumer Advocate (Pa. Oca), Intervenor in Support of Orange and Rockland Utilities, Inc. Central Hudson Gas and Electric Corporation New York State Electric and Gas Corporation National Fuel Gas Supply Corporation, Intervenors in Support of Official Committee of Customers of the Columbia Gas Transmission Corporation, Columbia Gas Distribution Companies, Intervenors in Support of Ozark Gas Transmission System, a Texas General Partnership (The "Partnership") and Its Subsidiary, Ozark Finance Corporation (The "Company"), Intervenors in Support of Official Committee of Customers ("Customer Committee") of Columbia Gas Transmission Corporation ("Tco"), Intervenor in Support of Cities of Charlottesville and Richmond, Virginia, Intervenors in Support of Pennsylvania Public Utility Commission Maryland Public Service Commission Public Utilities Commission of Ohio, Intervenors in Support of Consumer Advocate Division of the Public Service Commission of West Virginia, Intervenor in Support of Delmarva Power & Light Company ("Delmarva") the Providence Gas Company ("Providence"), Intervenors in Support of Office of the People's Counsel for the District of Columbia (Opc), Intervenor in Support of Office of the Consumers' Counsel, State of Ohio (Occ), Intervenor in Support of Gas Research Institute ("Gri"), Amicus Curiae, Columbia Gas System, Inc. ("Cg") and Columbia Gas Transmission Corporation ("Tco" and Together With Cg, "The Debtors"), No. 92-7397. Pennsylvania Public Utility Commission v. Columbia Gas Systems Inc. Columbia Gas Transmission Corporation, Thomas E. Ross, Trustee, Meridian Oil Production Inc. ("Meridian Oil"), Intervenor in Support of Public Service Commission of the State of New York, Intervenor in Support of Public Service Commission of the Commonwealth of Kentucky, Intervenor in Support of Official Committee of Unsecured Creditors of Columbia Gas Transmission Corporation, Intervenor in Support of Pennsylvania Office of Consumer Advocate (Pa. Oca), Intervenor in Support of Orange and Rockland Utilities Inc. Central Hudson Gas and Electric Corporation New York State Electric and Gas Corporation National Fuel Gas Supply Corporation, Intervenors in Support of Official Committee of Customers of the Columbia Gas Transmission Corporation, Columbia Gas Distribution Companies, Intervenors in Support of Ozark Gas Transmission System, a Texas General Partnership (The "Partnership") and Its Subsidiary, Ozark Finance Corporation (The "Company"), Intervenors in Support of Official Committee of Customers ("Customer Committee") of Columbia Gas Transmission Corporation ("Tco"), Intervenor in Support of Cities of Charlottesville and Richmond, Virginia, Intervenor in Support of Consumer Advocate Division of the Public Service Commission of West Virginia, Intervenor in Support of Delmarva Power & Light Company ("Delmarva") the Providence Gas Company ("Providence"), Intervenors in Support of Office of the People's Counsel for the District of Columbia (Opc), Intervenor in Support of Office of the Consumers' Counsel, State of Ohio (Occ), Intervenor in Support of Gas Research Institute ("Gri"), Amicus Curiae, Pennsylvania Public Utility Commission, the Maryland Public Service Commission, the Public Utilities Commission of Ohio and the Maryland Office of People's Counsel, No. 92-7398. Maryland Office/people's Counsel v. Columbia Gas Systems, Inc. Columbia Gas Transmission Corporation, Thomas E. Ross, Trustee, Meridian Oil Productions Inc., Intervenor in Support of Public Service Commission of the State of New York, Intervenor in Support of Public Service Commission of the Commonwealth of Kentucky, Intervenor in Support of Official Committee of Unsecured Creditors of Columbia Gas Transmission Corporation, Intervenor in Support of Orange and Rockland Utilities, Inc. Central Hudson Gas and Electric Corporation New York State Electric and Gas Corporation Natural Fuel Gas Supply Corporation, Intervenors in Support of Official Committee of Customers of the Columbia Gas Transmission Corporation, Columbia Gas Transmission Companies, Intervenors in Support of Ozark Gas Transmission System, a Texas General Partnership (The "Partnership") and Its Subsidiary, Ozark Finance Corporation (The "Company"), Intervenors in Support of Official Committee of Customers ("Customer Committee") of Columbia Gas Transmission Corporation ("Tco"), Intervenor in Support of Cities of Charlottesville and Richmond, Virginia, Intervenors in Support of Consumer Advocate Division of the Public Service Commission of West Virginia, Intervenor in Support of Delmarva Power & Light Company ("Delmarva") the Providence Gas Company ("Providence"), Intervenors in Support of Office of the People's Counsel for the District of Columbia (Opc), Intervenor in Support of Office of the Consumers' Counsel, State of Ohio (Occ), Intervenor in Support of Gas Research Institute ("Gri"), Amicus Curiae, Pennsylvania Public Utility Commission, the Maryland Public Service Commission, the Public Utilities Commission of Ohio and the Maryland Office of People's Counsel, No. 92-7399. Public Utilities Commission/ohio v. Columbia Gas Systems, Inc. Columbia Gas Transmission Corporation, Thomas E. Ross, Trustee, Meridian Oil Production Inc., Intervenor in Support of Public Service Commission of the State of New York, Intervenor in Support of Public Service Commission of the Commonwealth of Kentucky, Intervenor in Support of Official Committee of Unsecured Creditors of Columbia Gas Transmission Corporation, Intervenor in Support of Pennsylvania Office of Consumer Advocate (Pa. Oca), Intervenor in Support of Orange and Rockland Utilities, Inc. Central Hudson Gas and Electric Corporation New York State Electric and Gas Corporation National Fuel Gas Supply Corporation, Intervenors in Support of Official Committee of Customers of the Columbia Gas Transmission Corporation, Columbia Gas Distribution Companies, Intervenors in Support of Ozark Gas Transmission System, a Texas General Partnership (The "Partnership") and Its Subsidiary, Ozark Finance Corporation (The "Company"), Intervenors in Support of Official Committee of Customers ("Customer Committee") of Columbia Gas Transmission Corporation ("Tco"), Intervenor in Support of Cities of Charlottesville and Richmond, Virginia, Intervenors in Support of Consumer Advocate Division of the Public Service Commission of West Virginia, Intervenor in Support of Delmarva Power & Light Company ("Delmarva") the Providence Gas Company ("Providence"), Intervenors in Support of Office of the People's Counsel for the District of Columbia (Opc), Intervenor in Support of Office of the Consumers' Counsel, State of Ohio (Occ), Intervenor in Support of Gas Research Institute ("Gri"), Amicus Curiae, Pennsylvania Public Utility Commission, the Maryland Public Service Commission, the Public Utilities Commission of Ohio and the Maryland Office of People's Counsel, No. 92-7400. Columbia Gas Transmission Corporation the Official Committee of Unsecured Creditors of the Columbia Gas Transmission Corporation v. Columbia Gas Systems Inc. Columbia Gas Transmission Corporation, Thomas E. Ross, Trustee, Tennessee Gas Pipeline Company, Intervenor-Defendant, Meridian Oil Production Inc. ("Meridian Oil"), Intervenor in Support of Maryland Office of People's Counsel ("Mpc"), Intervenor in Support of Pennsylvania Office of Consumer Advocate (Pa. Oca), Intervenor in Support of Orange and Rockland Utilities, Inc. Central Hudson Gas and Electric Corporation New York State Electric and Gas Corporation National Fuel Gas Supply Corporation, Intervenors in Support of Official Committee of Customers of the Columbia Gas Transmission Corporation, Columbia Gas Distribution Companies, Intervenors in Support of Ozark Gas Transmission System, a Texas General Partnership (The "Partnership") and Its Subsidiary, Ozark Finance Corporation (The "Company"), Intervenors in Support of Official Committee of Customers ("Customer Committee") of Columbia Gas Transmission Corporation ("Tco"), Intervenor in Support of Cities of Charlottesville and Richmond, Virginia, Intervenors in Support of Pennsylvania Public Utility Commission Maryland Public Service Commission Public Utilities Commission of Ohio, Intervenors in Support of Consumer Advocate Division of the Public Service Commission of West Virginia, Intervenor in Support of Delmarva Power & Light Company ("Delmarva") the Providence Natural Gas Company ("Providence"), Intervenors in Support of Office of the People's Counsel for the District of Columbia (Opc), Intervenor in Support of Office of the Consumers' Counsel, State of Ohio (Occ), Intervenor in Support of Gas Research Institute ("Gri"), Amicus Curiae, West Ohio Gas Company, the Peoples Natural Gas Company and Virginia Natural Gas, Inc., No. 92-7410. West Ohio Gas Co. Virginia Natural Gas, Inc. Peoples Natural Gas Company, No. 92-7411 v. Columbia Gas Systems, Inc. Columbia Gas Transmission Corporation, Thomas E. Ross, Trustee, Meridian Oil Production Inc. ("Meridian Oil"), Intervenor in Support of Maryland Office of People's Counsel ("Mpc"), Intervenor in Support of Official Committee of Unsecured Creditors of Columbia Gas Transmission Corporation, Intervenor in Support of Pennsylvania Office of Consumer Advocate (Pa. Oca), Intervenor in Support of Orange and Rockland Utilities, Inc. Central Hudson Gas and Electric Corporation New York State Electric and Gas Corporation National Fuel Gas Supply Corporation, Intervenors in Support of Official Committee of Customers of the Columbia Gas Transmission Corporation, Columbia Gas Distribution Companies, Intervenors in Support of Ozark Gas Transmission System, a Texas General Partnership (The "Partnership") and Its Subsidiary Ozark Finance Corporation (The "Company"), Intervenors in Support of Official Committee of Customers ("Customer Committee") of Columbia Gas Transmission ("Tco"), Intervenors in Support of Cities of Charlottesville and Richmond, Virginia, Intervenors in Support of Pennsylvania Public Utility Commission Maryland Public Service Commission Public Utilities Commission of Ohio, Intervenors in Support of Consumer Advocate Division of the Public Service Commission of West Virginia, Intervenor in Support of Delmarva Power & Light Company ("Delmarva") the Providence Gas Company ("Providence"), Intervenors in Support of Office of the People's Counsel for the District of Columbia (Opc), Intervenor in Support of Office of the Consumers' Counsel, State of Ohio (Occ), Intervenor in Support of Gas Research Institute ("Gri"), Amicus Curiae. Columbia Gas Transmission Corporation the Official Committee of Unsecured Creditors of the Columbia Gas Transmission Corporation v. Columbia Gas Systems Inc. Columbia Gas Transmission Corporation, Thomas E. Ross, Trustee, Tennessee Gas Pipeline Company, Intervenor-Defendant, Meridian Oil Production Inc. ("Meridian Oil"), Intervenor in Support of Maryland Office of People's Counsel ("Mpc"), Intervenor in Support of Official Committee of Unsecured Creditors of Columbia Gas Transmission Corporation, Intervenor in Support of Pennsylvania Office of Consumer Advocate (Pa. Oca), Intervenor in Support of Orange and Rockland Utilities, Inc. Central Hudson Gas and Electric Corporation New York State Electric and Gas Corporation National Fuel Gas Supply Corporation, Intervenors in Support of Official Committee of Customers of the Columbia Gas Transmission Corporation, Columbia Gas Distribution Companies, Intervenors in Support of Ozark Gas Transmission System, a Texas General Partnership (The "Partnership") and Its Subsidiary, Ozark Finance Corporation (The "Company"), Intervenors in Support of Cities of Charlottesville and Richmond, Virginia, Intervenors in Support of Pennsylvania Public Utility Commission Maryland Public Service Commission Public Utilities Commission of Ohio, Intervenors in Support of Consumer Advocate Division of the Public Service Commission of West Virginia, Intervenor in Support of Delmarva Power & Light Company ("Delmarva") the Providence Gas Company ("Providence"), Intervenors in Support of Office of the People's Counsel for the District of Columbia (Opc), Intervenor in Support of Office of the Consumers' Counsel, State of Ohio (Occ), Intervenor in Support of Gas Research Institute ("Gri"), Amicus Curiae, Official Committee of Customers ("Customer Committee") of the Columbia Gas Transmission Corporation ("Tco"), No. 92-7412. Official Committee of Customers of Columbia Gas Transmission Corporation ("Tco") v. Columbia Gas Systems Inc. Columbia Gas Transmission Corporation, Thomas E. Ross, Trustee, Meridian Oil Production Inc. ("Meridian Oil"), Intervenor in Support of Maryland Office of People's Counsel ("Mpc"), Intervenor in Support of Official Committee on Unsecured Creditors of Columbia Gas Transmission Corporation, Intervenor in Support of Pennsylvania Office of Consumer Advocate (Pa. Oca), Intervenor in Support of Orange and Rockland Utilities, Inc. Central Hudson Gas and Electric Corporation New York State Electric and Gas Corporation National Fuel Gas Supply Corporation, Intervenors in Support of Official Committee of Customers of the Columbia Gas Transmission Corporation, Columbia Gas Distribution Companies, Intervenors in Support of Ozark Gas Transmission System, a Texas Partnership (The "Partnership") and Its Subsidiary, Ozark Finance Corporation (The "Company"), Intervenors in Support of Cities of Charlottesville and Richmond, Virginia, Intervenors in Support of Pennsylvania Public Utility Commission Maryland Public Service Commission Public Utilities Commission of Ohio, Intervenors in Support of Consumer Advocate Division of the Public Service Commission of West Virginia, Intervenors in Support of Delmarva Power & Light Company ("Delmarva") the Providence Gas Company ("Providence"), Intervenors in Support of Office of the People's Counsel for the District of Columbia (Opc), Intervenor in Support of Office of the Consumers' Counsel, State of Ohio (Occ), Intervenor in Support of Gas Research Institute ("Gri"), Amicus Curiae, Official Committee of Customers ("Customer Committee") of the Columbia Gas Transmission Corporation ("Tco"), No. 92-7413. Columbia Gas Transmission Corporation the Official Committee of Unsecured Creditors of the Columbia Gas Transmission Corporation v. Columbia Gas Systems Inc. Columbia Gas Transmission Corporation, Thomas E. Ross, Trustee, Tennessee Gas Pipeline Company, Intervenor-Defendant, Meridian Oil Production Inc. ("Meridian Oil"), Intervenor in Support of Maryland Office of People's Counsel ("Mpc"), Intervenor in Support of Pennsylvania Office of Consumer Advocate (Pa. Oca), Intervenor in Support of Orange and Rockland Utilities, Inc. Central Hudson Gas and Electric Corporation New York State Electric and Gas Corporation National Fuel Gas Supply Corporation, Intervenors in Support of Official Committee of Customers of the Columbia Gas Transmission Corporation, Ozark Gas Transmission System, a Texas General Partnership (The "Partnership") and Its Subsidiary, Ozark Finance Corporation (The "Company"), Intervenors in Support of Official Committee of Customers ("Customer Committee") of Columbia Gas Transmission Corporation ("Tco"), Intervenors in Support of Cities of Charlottesville and Richmond, Virginia, Intervenors in Support of Pennsylvania Public Utility Commission Maryland Public Service Commission Public Utilities Commission of Ohio, Intervenors in Support of Consumer Advocate Division of the Public Service Commission of West Virginia, Intervenor in Support of Delmarva Power & Light Company ("Delmarva") the Providence Gas Company ("Providence"), Intervenors in Support of Office of the People's Counsel for the District of Columbia (Opc), Intervenor in Support of Office of the Consumers' Counsel, State of Ohio (Occ), Intervenor in Support of Gas Research Institute ("Gri"), Amicus Curiae, Columbia Gas of Kentucky, Columbia Gas of Maryland, Columbia Gas of Ohio, Columbia Gas of Pennsylvania, and Commonwealth Gas Services, Collectively Known as the Columbia Gas Distribution Companies, No. 92-7414. Pennsylvania Public Utility Commission v. Columbia Gas Systems Inc. Columbia Gas Transmission Corporation, Thomas E. Ross, Trustee, Meridian Oil Production Inc. ("Meridian Oil"), Intervenor in Support of Maryland Office of People's Counsel ("Mpc"), Intervenor in Support of Official Committee of Unsecured Creditors of Columbia Gas Transmission Corporation, Intervenor in Support of Pennsylvania Office of Consumer Advocate (Pa. Oca), Intervenor in Support of Orange and Rockland Utilities, Inc. Central Hudson Gas and Electric Corporation New York State Electric and Gas Corporation National Fuel Gas Supply Corporation, Intervenors in Support of Official Committee of Customers of the Columbia Gas Transmission Corporation, Columbia Gas Distribution Companies, Intervenors in Support of Ozark Gas Transmission System, a Texas General Partnership (The "Partnership") and Its Subsidiary, Ozark Finance Corporation (The "Company"), Intervenors in Support of Official Committee of Customers ("Customer Committee") of Columbia Gas Transmission Corporation ("Tco"), Intervenor in Support of Pennsylvania Public Utility Commission Maryland Public Service Commission Public Utilities Commission of Ohio, Intervenors in Support of Consumer Advocate Division of the Public Service Commission of West Virginia, Intervenor in Support of Delmarva Power & Light Company ("Delmarva") the Providence Gas Company ("Providence"), Intervenors in Support of Office of the People's Counsel for the District of Columbia (Opc), Intervenors in Support of Office of the Consumers' Counsel, State of Ohio (Occ), Intervenors in Support of Gas Research Institute ("Gri"), Amicus Curiae, Cities of Charlottesville and Richmond, Virginia, No. 92-7415. Meridian Oil Production Inc. v. Columbia Gas Systems Inc. Columbia Gas Transmission Corporation, Thomas E. Ross, Trustee, Pennsylvania Office of Consumer Advocate (Pa. Oca), Intervenor in Support of Meridian Oil Production Inc. ("Meridian Oil"), Intervenor in Support of Delmarva Power & Light Company ("Delmarva") the Providence Gas Company ("Providence"), Intervenors in Support of Office of the People's Counsel for the District of Columbia (Opc), Intervenor in Support of Official Committee of Customers ("Customer Committee") of Columbia Gas Transmission Corporation ("Tco"), Intervenor in Support of Gas Research Institute ("Gri"), Amicus Curiae, Ozark Gas Transmission System and Ozark Finance Corporation, No. 92-7435. Ozark Gas Transmission System Ozark Finance Corp., No. 92-7436 v. Columbia Gas Systems, Inc. Columbia Gas Transmission Corporation, Thomas E. Ross, Trustee, Pennsylvania Office of Consumer Advocate (Pa. Oca), Intervenor in Support of Meridian Oil Production Inc. ("Meridian Oil"), Intervenor in Support of Delmarva Power & Light Company ("Delmarva") the Providence Gas Company ("Providence"), Intervenors in Support of Office of the People's Counsel for the District of Columbia (Opc), Intervenors in Support of Official Committee of Customers ("Customer Committee") of Columbia Gas Transmission Corporation ("Tco"), Intervenor in Support of Gas Research Institute ("Gri"), Amicus Curiae. Meridian Oil Production Inc. v. Columbia Gas Systems Inc. Columbia Gas Transmission Corporation, Thomas E. Ross, Trustee, Ozark Gas Transmission System and Ozark Finance Corporation, No. 92-7499, Ozark Gas Transmission System Ozark Finance Corporation, No. 92-7499. Ozark Gas Transmission System Ozark Finance Corporation, No. 92-7500 v. Columbia Gas Systems Inc. Columbia Gas Transmission Corporation, Thomas E. Ross, Trustee, Meridian Oil Production, Inc., Intervenor-AppelleeCourt of Appeals for the Third Circuit · 1993

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