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May You File for Bankruptcy if You are Unemployed?

 

Will being unemployed prevent you from filing for bankruptcy?

Transcript:

Hi. Matt McArthur, Clear Counsel Law Group.

Had someone ask me the other day. "Am I able to file for Bankruptcy even though I'm unemployed?" The answer is yes and no. Chapter 7 Bankruptcy there's no minimum income requirement. In fact I just had a hearing the other day with an individual that was unemployed. He was collecting unemployment income. Even the unemployment income was unnecessary, part of his Bankruptcy case. There is no minimum income threshold in order to qualify for Chapter 7 Bankruptcy. All it really involves is you disclosing all of your assets, and a determination whether or not those assets can be liquidated, and then distributed to your creditors. Income, at least on the minimum side doesn't really come into play. You can make too much money to be able to qualify for a Chapter 7 Bankruptcy. There is an income portion to the analysis of a Chapter 7 Bankruptcy, but on the low end there's no requirements.

If you're thinking about filing for Chapter 13 Bankruptcy there is a requirement that you have regular income. When you think about what a Chapter 13 Bankruptcy is, its a reorganization of your debt. I like to explain it as a repayment plan to a portion, or all of your creditors. If you're making monthly payments to the Bankruptcy court you're going to be expected to have steady and regular income. Unemployment income, if you're receiving any unemployment compensation, is temporary in nature. Whereas the length of a Chapter 13 Bankruptcy is three to five years in length. That is not going to be considered sufficient income to be able to fund the regular payments that will be due during a Chapter 13 Bankruptcy. If you are unemployed and thinking about filing for Bankruptcy, Chapter 7 is most likely the option if there is one for you. However if you come in and see me I'll take a look at your specific situation, and we will go over a detailed analysis of what works best for you and your financial situation.

Hope to see you soon.

veterans day parade, las vegas, nevada

In Case you Missed the Las Vegas Veterans Day Parade

And what a Veterans Day Parade it was! A special thanks to the parade organizers (visit their website) for their kindness and hospitality. The atmosphere could not have been more friendly and welcoming; it was a real joy to cover for the blog.

Also, did you know that the Las Vegas Veterans Day Parade is the 2nd largest in the nation (after New York), and thus, the largest this side of the Mississippi? Pretty darn impressive.

I have organized the photos into two parts: Part I featuring our brothers and sisters in uniform, Part II (you will want to make sure you don't miss these), pictures of our young people, some very small (and adorable), some much larger than I.

Click on the photos that intrigue you to see them full size. They may take a handful of seconds to load, but it is well worth it.

 

Photos from the Las Vegas Veterans Day Parade

There is Parade Marshall, Brigadier General Joe Heck (Also our Congressman). From my perspective, he really seemed to be enjoying himself.

There is stand from which the ceremonies were administered. The City should be proud for how well the parade was organized.

Congresswoman Dina Titus of Las Vegas, riding in style.

Commissioner Steve Sisolak received an award of gratitude before the parade of his assistance.

I don't know about you, but I could either ride a horse or carry a flag

The Goodmans, Mayors past and present

Apparently I wasn't the only one sensitive to the noise.

Yes, that vehicle is called a "Bone-Crusher".

 

You can't have a Military Parade without the USO.

My little flag is found a home on my desk.

Is the dog wearing goggles? You betcha.

City Councilman Steve Ross.

The Knights of Columbus.

Who is the Trump person I keep hearing about?

Yes, you are reading that right.

Part II: Our Future Leaders

A tip of the hat to the Valley High School March Band that played (and memorized) a great Sousa melody.

 

The folks here at Clear Counsel just want express our gratitude for the service of our men and women in uniform. Bless you all.

Should You Tell Your Landlord if You are Going to Declare Bankruptcy?

 

 

Do you have to Tell Your Landlord that You are going to Declare Bankruptcy?

Transcript:

(Editor's note: Brian is Clear Counsel's Communications Director. His prompts represent a conglomeration of inquiries submitted. If you have you have a question you would like answered in an upcoming video, email the inquiry to brian@clearcounsel.com)

Matt: Hi, Matt McArthur here, attorney at Clear Counsel Law Group. Another question I just had submitted to me was from an individual getting ready to file for chapter seven bankruptcy. They're renting an apartment and they wanted to know whether or not they had to let their landlord that they were filing for chapter seven bankruptcy. The answer is yes. There's documents that you file with your bankruptcy case called your petition, schedules, and statements. One of the schedules, which is just how we refer to the section of paperwork in the bankruptcy documents that has a specific category of information that the court wants to know about, is called the schedule G. Schedule is where we list any leases. If you're in an apartment and you're paying rent to a landlord, there's a very strong possibility that you're involved in a lease. That is information that must be disclosed in your bankruptcy paperwork. The landlord will be a listed creditor in your bankruptcy and will receive bankruptcy notice mailings that get sent out by the United States Bankruptcy Court. That's the gist of this question in a nutshell. Brian, did you have any other questions?

 

Brian: Can a landlord take action against you for filing bankruptcy once they find out?

 

Matt: Possibly, yes. If you're up to date and you're in good standing under the terms of the lease, the chances are very low that a landlord would want to take any action. If you're paying them the money that they're owed, they'll likely leave you alone and allow you to finish out the terms of the lease.

However, if you become delinquent on the payments to your landlord, the landlord has the right to seek court intervention to see if they want to do an eviction proceeding. That's a process that usually takes 30 to 45 days for the landlord to obtain that permission. They have to file a motion with the court called a motion for relief from the automatic stay, which is essentially the landlord's way of getting court authority to pursue their state law rights that they would have whether or not you had filed bankruptcy. Any other questions, Brian, on that?

 

Brian: Would you advise someone to be upfront with a landlord and tell them that they were going to declare bankruptcy?

 

Matt: It depends. You have two choices of how you want to go about this. You can let the landlord know upfront and give them a heads up. Look, I'm getting ready to file for bankruptcy. I still want to be in good standing with you. I plan on working with you. Many landlords will work with you. However, if you have a bad relationship with your landlord, you may not want to give them notice until you actually file for the bankruptcy, because once you file for the bankruptcy, you get that additional protection of the automatic stay, which keeps things in place and would require the landlord to obtain court permission before moving forward with an eviction proceeding before they actually took that action. I think that just about covers this subject on this question. If you have any other questions related to this topic, seek the advice of an experienced bankruptcy attorney. Again, this is Matt McArthur at Clear Counsel Law Group. We'll see you next time.

A Conversation Explaining How a Series LLC Will Protect Your Small Business

 

Why You Need to Reorganize Your Small Business into a Series LLC

Transcript:

(Editor's note: Brian is Clear Counsel's Communications Director. His prompts represent a conglomeration of inquiries submitted. If you have you have a question you would like answered in an upcoming video, email the inquiry to brian@clearcounsel.com)

 

Jonathan: Hello, my name is Johnathan Barlow. I'm a partner at Clear Counsel Law Group. Recently, this year, Google received a lot of press by announcing that they were reorganizing a parent company called Alphabet Inc., and that they were then going to essentially separate Google's operations into separate subsidiary entities underneath Alphabet Inc.

I'm going to leave the reasons why Google did that to the talking heads, but let me explain some reasons why it makes sense to you, even as a small business, that may not be a multi-million dollar business, like Google, but a small business, would take advantage of this organizing into separate legal entities.

The most important reason why you might separate your business into separate businesses, is for asset protection. For instance, let's think of a dentist's office. The dentist has different aspects of their business that they might not think about. You have the actual practice of dentistry, the seeing of patients, billing patients for dental care. The dentist also owns a lot of equipment. He owns examination chairs, X-ray machines, a lot of equipment. He may also own his building where his office is located.

If you think about all three of those different aspects, each of those three could be separated into separate business entities to take advantage of asset protection between them. For instance, if he had a problem with one of his patients, and the patient began to look for collections against the dentist, the patient would be limited to the business receipts. They wouldn't be able to take out the examination chairs. They wouldn't be able to put a lien against the building. It becomes beneficial to separate these assets into different business entities.

There's some interesting other techniques about this, and I think Brian, one of our readers here, has some questions about that. Brian, could I answer a question for you regarding that?

 

Brian: Sure. There's some confusion as to if a single individual could create multiple companies under a series LLC. Wouldn't they just look at all these LLCs, and go, "This is just one person." Is that really going to work?

 

Johnathan: You've actually brought up a really good magic word, so to speak, in Nevada. Nevada has this fascinating technique, or business entity, called a series LLC. What it does is that, with the state of Nevada, you create one LLC, just one with the state, but under that LLC, you then create separate series, and you could have series one, series two, series three, series four, and so let's use the example of the dentist.

He's going to create Dentist LLC, and in series one, he'll put his business practice. In series two he puts his dental equipment. In series three he puts the ownership of the office building. Each of those series is treated as if it was a separate LLC with asset protection between each one, and yes, one single owner can do that and take advantage of the effect of having different business entities, but using just one LLC through the different series. Does that answer that question a little bit?

 

Brian: It does. I have another question if that's okay?

 

Johnathan: Go for it.

 

Brian: How many of these series LLCs am I allowed to have? Is there a cap?

 

Johnathan: If you create one series LLC, how many different series could you have underneath that, is that ...

 

Brian: Correct. Yes.

 

Johnathan: The statute in Nevada doesn't define that answer. The statute doesn't say you can only create 10 series, so theoretically, until somebody tells us otherwise, you can create as many series as you want, and they don't all have to even be related to each other.

Again, talking about the dentist, he may have three series to go with those three aspects of his dental practice, and series four actually could be his investment property that he owns, that he rents out to Brian, to you Brian.

 

Brian: Big mistake.

 

Johnathan: It would probably be a big mistake to have you as a tenant, but let's assume that we don't you, when you fall down the stairs, for the purpose of suing the dentist, we don't want you getting into his dental assets, and so that's why we separate these liabilities between the different LLCs.

Even a small business in Nevada can take advantage of these really powerful techniques to separate liability, separate assets between different business entities, using a series LLC, or you can use different LLCs, whatever works best for you. Nevada has this really unique tool of using the series LLC. It's very flexible, and it's an awesome tool. It can be used by all Nevada business entities.

For more information on this, I encourage you to go to our blog on clearcounsel.com and read more about the series LLC, and about the Alphabet Inc. analysis, when Google transferred to that.

How Does Seasonal Income Affect Your Chapter 7 Bankruptcy Qualifications?

 

How Will the Court Evaluate My Seasonal Income for Chapter 7 Bankruptcy?

Transcript:

Hi, I'm Matt McArthur, attorney at Clear Counsel Law Group. I had a question submitted to me recently from a teacher. The teacher makes approximately $80,000 a year. She works nine months out of the year and takes the summer months off. Her question is: Do I have too much income to be able to qualify for a chapter seven bankruptcy, and if I were to file in September just after the summer months in which I'm not receiving any income, would that make a difference?

The answer is it depends, as with many answers in the legal field. First off, we would have to know what your household size is. When you're going through the chapter seven means test analysis, what we do is we look at the household size in comparison to the state that you live in and what the median income is for a household of that size in that particular state. If she were an individual filing bankruptcy and making $80,000 a year, it would be much more difficult to get this individual to qualify than, say, if she had a household size of five individuals.

Now, she is correct in assuming that if there's a gap in income right before filing bankruptcy, that is going to count against the six-month income average that we're looking at. What the court looks at is the average income over the six months prior to filing your bankruptcy. If you weren't receiving income during any of that time frame, obviously that's going to lower what the average is going to be during that time frame and it's going to make it a little bit easier to pass the chapter seven means test.

The answer is possibly. You would have to meet with an experienced bankruptcy attorney that has sufficient experience dealing with the chapter seven means test, provide them with six months of pay stub history, and allow that attorney some time to do an income analysis to determine whether or not you would qualify. My guess is that with three months of no income at all, that would essentially cut her income in half. It would probably allow this individual to qualify for chapter seven bankruptcy. But again, you would have to do the analysis, run the numbers with what the actual pay stubs say for a definite answer on that.

This is Matt McArthur at Clear Counsel Law Group talking about the chapter seven means test and seasonal income. If you have any questions, make an appointment with an attorney and he or she will be able to guide you through this complicated process.

 

What Assets of Mine will be Sold in Bankruptcy to Pay Creditors?

 

Which of my Assets may be Sold in Bankruptcy to Pay Creditors?

Transcript

Hi. Matt McArthur, bankruptcy attorney at Clear Counsel Law Group. One thing to keep in mind when you're filing for bankruptcy, especially a chapter 7 bankruptcy, when you file for bankruptcy, your non exempt assets become part of the bankruptcy estate. Now, the bankruptcy estate is essentially the way of referring to your property that's not protected that is available for creditors. In a chapter 7 case, creditors get paid from the liquidation of the property of the bankruptcy estate.

That's a lot of big words there. Basically, what that boils down to is, if you have property that has any value, can you protect it or can it be sold by the bankruptcy court? If it's able to be sold by the bankruptcy court, the proceeds from those sales go to pay off your creditors. If it's not something that's subject to being sold by the bankruptcy court, that's your own personal property. That's exempt and it's not part of the bankruptcy estate.

Business & Finance

Bankruptcy, creditors

 

One thing to keep in mind, property that is part of the bankruptcy estate cannot be sold. When you file for bankruptcy, you are technically not the owner of the property. The owner of the property is the bankruptcy estate, which is how the bankruptcy court has the power to sell that property and obtain proceeds to pay off creditors in exchange for your debts being wiped out.

If you have any questions about whether or not something can be sold during the course of a bankruptcy, please meet with an experienced bankruptcy attorney who will be able to give you some sound advice as to whether or not you really want to sell that property while the bankruptcy case is pending. If you were to sell something that is part of the bankruptcy estate without court permission or court authority, it could cause some big problems for your bankruptcy case and undo everything that you're trying to accomplish with your case.

Again, this is Matt McArthur, advising you to please speak with a bankruptcy attorney before you think about selling any property during your case. I'll see you next time.

Cryotherapy, nevada, product liability

Cryotherapy and Liabilty

There can be so many benefits to unconventional therapies and natural remedies. Many people like to dabble in essential oils, vitamins, and yoga. But some people like to go to the extreme. Case in point: Cryotherapy. This new and largely unknown procedure works by exposing people to extremely cold temperatures using liquid nitrogen for short periods of time. This exposure to various parts of the body is thought to act as an extreme “ice pack” of sorts by reducing inflammation, pain, and soreness in the body. Cryotherapy also claims to be able to heal tissues of the body, increase energy, reduce aging, and combat depression1)according to the company that sells it, anyway…. Certain athletes are rumored to use it to heal injuries instead of an ice bath. These cryotherapy “spas” have recently popped up in Las Vegas, and then quickly made the news when an off-duty manager froze to death in a cryotherapy chamber after hours. Sounds terrifying if you ask me, but apparently it is catching on.

At least it was.

A Fatal Cryotherapy Accident

On October 20th, the body of the 24 year old manager was found in the fetal position, frozen to death inside the chamber. According to various news sources, it appears that the worker attempted to use the cryotherapy chamber on herself while she was alone, against standard procedures. However, at this time of publication, it is unclear what really happened. The chambers are supposed to be properly adjusted for a person’s height so they always have access to oxygen above the level of the cryotherapy chamber. News reports speculate that the machine may have put out too much nitrogen, possibly locked her in, or otherwise malfunctioned. But a machine malfunction is nothing more than speculation at this point until further investigation can be done. News reports are also fairly consistent in noting that the cause of the death was most likely “operator error.”

 

Will There be a Lawsuit?

But what about compensation for the victim’s family? This is a tougher question. No regulatory agency appears to oversee the cryotherapy business. Not the cosmetology board, not the medical board, and certainly not the FDA. Users are invited to participate in cryotherapy at their own risk. This is the same as the disclaimer on a bottle of vitamin C, which notes that it is not a drug regulated by FDA; but clearly the risk is quite different. So, the only option at this point looks like civil litigation. Although it would initially appear to be an uphill battle because users participate in the therapy at their own risk, this might not really be the case. Depending on what actually went wrong, if the victim’s family can prove that the “operator error” was a reasonably foreseeable misuse, then they will have a fairly strong case against the company. Should it have been fairly obvious that a user of the machine might try to operate it alone? Maybe the machine should have had an automatic shut off or a finger print pad confirming that there were two operators overseeing the use…. On the other hand, the victim was clearly violating safety procedures by using the machine alone after hours. But again, maybe her employer should also be held liable for not having better security which could have prevented employees from entering the building after hours alone. These are all factors that will play out in what will most definitely be an interesting case.

Products liability is a somewhat unique area of law which puts a huge burden on the manufacture of a product to anticipate all “reasonably foreseeable” misuses. In this case, a cryotherapy chamber carries so much risk as a reasonably foreseeable misuse can (and maybe did) cause death. No amount of warnings and disclaimers can negate liability if an economically feasible safety feature could have been incorporated into the product. The examples above, like an automatic shut off or device to ensure two operates were present, certainly do not seem too complicated in light of the innate risk of the product being sold. If there is a company policy that a person should never use the machine alone, then this is clearly a foreseeable misuse. But, this is all just speculation at this point, as we do not know enough facts surrounding the incident to know anything for sure. We will continue to follow the matter closely as it plays out.

Footnotes

Footnotes
1 according to the company that sells it, anyway…
Divorce, estate planning, nevada

Estate Planning and Divorce: What to Keep in Mind

Here at Clear Counsel Law Group, we make sure all of our clients know how important estate planning is. While it is daunting to plan for the unexpected, we have all too many probate cases where families disagree over what the deceased would have wanted, but without something in writing, there is only so much attorneys can do. For instance, if someone’s grandmother intended to leave one specific grandchild her home but never put anything in writing, it is unlikely that the home will end up with that grandchild when there are other heirs. With an estate plan in place, the house will end up in the right hands. But even a good solid estate planning might need to periodically updated.

For example, over half of all marriages sadly end in divorce. No one ever thinks it will happen to them, yet it does.

 

How Divorce Affects an Estate Plan

We have seen several cases where someone passes away at an intermediate stage of the divorce process, before the divorce becomes final. While it would seem rather obvious that a person divorcing their spouse would not want their estranged partner to inherit all of their assets, unless the divorce is final, a spouse is considered a spouse under the eyes of the law. Therefore, even with divorce papers on file, unless the ink is dry, the soon-to-be ex-spouse has all the same rights to inherit as a spouse who was not divorced.

In addition to divorce papers, when couples separate they are likely financially tied in even more ways than they realize. Situations often come across my desk where life insurance policies are designated to a future ex-spouse. Fortunately, life insurance designations are automatically revoked upon divorce in case someone forgets to amend. But even so, life insurance policies with revoked beneficiaries often go to a decedent’s estate, which might then end up in the hands of that same divorcing spouse. Not only that, but sometimes married couples with joint bank accounts forget to remove an ex-spouse who then drains the account upon death with no regard for children or other intended beneficiaries1)This is not an exhaustive list of examples. Some spouses never legally divorce but live for 30 years completely separate and apart, practically forgetting they were even married in the first place. But, the Nevada probate courts are crystal clear on the issue: if two people are legally married, the spouse inherits in the exact same manner as a spouse that never spent a day away from her partner. We have even had cases where a decedent “married” twice and the legal wife and the cohabitating wife were left to duke it out. What a mess this can cause, financially and emotionally!

 

Divorce and Incapacity: A Lesson from Recent Headlines

In addition to a divorcing spouse inadvertently inheriting an entire estate, what about a divorcing spouse who becomes incapacitated? This situation arose very publicly this month with “Keeping up with the Kardashians” star Lamar Odom. The former NBA player was found comatose and required someone to make medical decisions that he could not make while unconscious. Lamar was in the midst of a nearly-but-not-quite-final divorce from Khloe Kardashian. Because the divorce is not final, Khloe is the spouse for all intents and purposes, as if the couple were headings towards happily ever after. It is unlikely that a person facing an impending divorce would think to designate a medical power of attorney once they file for divorce, but this is important!

Strangely enough, the tabloids are reporting that Khloe and Lamar have decided to give their relationship another shot after Lamar’s near death experience. But, I do not suspect that this is the typical outcome. Although we never really anticipate this specific situation, someone whom you are getting divorced from is probably not the person you want making medical decisions on your behalf, much less inhering under your estate.

As estate planning attorneys, we regularly check in with clients to update their plans. Any new homes purchased, accounts acquired, children born, or even a new job with a 401k plan can warrant updating an estate plan. I mention to all estate planning clients that not only should they contact me for changes in assets and when they get divorced, but they should contact us the minute they decide to divorce so we can help them adjust their estate plan accordingly. In some situations, it is even appropriate to insert a divorce contingency in certain estate planning documents to make clear what should happen if it appears parties are headed towards divorce.

We can never plan for the unexpected, but we can certainly try. Contact our attorneys today for a free consultation to set up an estate plan, including a plan for whom should make decisions on your behalf if you ever become unable.

Footnotes

Footnotes
1 This is not an exhaustive list of examples

Can you File for Bankruptcy Without Hiring an Attorney?

 

Can you File for Bankruptcy Without Hiring a lawyer?

Transcript:

Hi, I'm Matt McArthur, bankruptcy attorney, Clear Counsel Law Group. I recently was submitted a question online that asked, "Can I file for bankruptcy without hiring an attorney?" The answer to this question is yes. You can file for bankruptcy without hiring an attorney. Should you file for bankruptcy without hiring an attorney? That's another question. A lot of my favorite clients that I have are individuals who have tried to file bankruptcy by themselves without the assistance of an attorney. I can't tell you how many consultations that I've had with individuals that have attempted to file by themselves, run into some serious trouble, and come scrambling, seeking the help of a legal professional to get them out of a mess that could have been avoided had they gone to an attorney in the first place.

Now of course, you'd an expect an attorney to say that type of answer to this question. The simple fact of the matter is, bankruptcy is a very complicated process. There's a lot of complicated legal code involved. There's a lot different acting parties in a bankruptcy. There's the judge and the trustees and the various creditors that you're going to have to deal with and it's best to involve the help of a professional attorney that has experience practicing bankruptcy that's familiar with navigating through all these complicated laws and different parties involved in the process.

If it were my own mother involved, would I suggest that she save the money and not hire an attorney? Or should she go seek the legal help that she needs? If it were my mother I'd tell her definitely go see an attorney, it's well worth the money that you're going to pay to have an attorney to represent you in court and protect your assets that you may lose in bankruptcy court if you don't know the proper exemptions and laws to protect what you do have.

There's lot of potential trip falls and areas where you can run into trouble if you don't have a guided experience with the help of an attorney that is familiar with the process.

My name's Matt McArthur, encouraging you to seek legal help before you file for bankruptcy. I'll see you next time.

You Can Have a Good Credit Score After Declaring Bankruptcy!

 

Is It Possible to Have a Good Credit Score After Declaring Bankruptcy?

Transcript:

Hi, I'm Matt McArthur bankruptcy attorney at Clear Counsel Law Group. A common question that I receive is, is it possible to ever have a good credit score again after a person files for bankruptcy? There's a common notion among the general public that once you file for bankruptcy, your credit is going to be ruined, you'll never be able to obtain financing again, and your financial life as you know it is essentially over. That simply is not true.

In fact, if you're considering for filing for bankruptcy, changes are pretty good that you have a pretty low credit score already. Even if you don't have a low credit score, filing for bankruptcy does not mean the end of a good credit score for you. For example, I regularly meet with clients and run their credit report, and we run a report that pulls from three different reporting bureaus, and we create an average score for them based upon where they're here now.

The service that we use also projects what your credit score will be twelve months after filing for bankruptcy. I would say a vast majority of people that I meet with actually see that they are projected to have an increase in their credit score after filing bankruptcy. Once they've dealt with all of these negative accounts that are outstanding by filing for bankruptcy and obtaining a bankruptcy discharge.

Certainly not everyone is going to see an increase in their score, if you have a credit score in the 800's it's very likely that your score will drop after filing bankruptcy. The bankruptcy will stay on your credit report for a number of years. For chapter sevens it's ten years, for chapter thirteens it's seven years. However, even with the bankruptcy on your credit report, it doesn't mean that you can't obtain a good credit score. It's not uncommon for individuals that chapter for chapter seven bankruptcy to get back into a credit score range where they are in the 700's, which is considered good to excellent credit.

Actually, filing for bankruptcy is the catalyst that helps get them out from under the weight of the debt that's holding them down, and keeping their credit score in the 500's, and allows them to move forward and establish positive payment history following bankruptcy, thus creating an increase in their credit score.

If you're thinking about filing for bankruptcy, and you're worried about your credit score, many attorneys can give you a projection on where they anticipate your score will be. I would recommend that you do this if filing for bankruptcy is a major concern to you and how it will relate to your credit score.

My name is Matt McArthur and I'll see you next time.

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