Coleman & MacDonald Law Office Frequently Asked Questions

Yes, we offer free consultations for new clients. Whether you need a car accident lawyer, are buying a home, or making a will, schedule a consultation with our attorneys in Peabody, MA today.

Yes, having a lawyer provides peace of mind during the buying or selling process. A real estate attorney helps with paperwork to ensure everything goes smoothly. For quality real estate attorneys in East Longmeadow, MA Peabody, MA, choose Coleman & MacDonald Law Office.

It's hard to determine the case value early without details. Many factors are considered, like liability, medical procedures, treatment duration, and recovery status. We'll ask about missed work and any lasting impairments. These help determine your case's worth. Schedule a free consultation with our Peabody, MA attorneys for a clearer idea.

Bring all relevant documents and write down any questions you have, much like a doctor's appointment prep. This helps ensure you cover everything important. For more details, give us a call.

Our Peabody office is at 84 Newbury Street, Suite 102, Peabody, MA 01960, and our East Longmeadow office is at 143 Shaker Road, Unit C204, East Longmeadow, MA 01028. We're open from 9:00 AM to 5:00 PM, but you can reach us 24/7 by phone or email. Our Peabody, MA attorneys are here for you.

Bankruptcy offers a fresh financial start. You need to file a case in federal bankruptcy court. When you file, it stops all creditors from demanding money and collecting debts. For some, this protection is permanent, while for others, it's temporary.

An individual, a partnership or a corporation (defined as including a qualifying business trust) may file a bankruptcy petition. For more information, see Section 109 of the Bankruptcy Code.

Bankruptcy can:

• Eliminate most or all of your debts, known as a "discharge."
• Halt foreclosure on your house or mobile home, giving you time to catch up.
• Prevent car or property repossession and help recover repossessed items.
• Stop wage garnishment and debt collection harassment.
• Prevent utility shutoffs and help restore services.
• Allow you to challenge dishonest creditors or incorrect charges.

Bankruptcy can't solve every financial issue and isn't right for everyone. It can't:

• Eliminate all types of debt.
• Remove mortgages or car loans unless you pay or return the property.
• Protect cosigners on your debts.
• Erase debts acquired after filing.

Bankruptcy Won’t Erase Debts

While bankruptcy can discharge many debts, it won’t eliminate:

• Child support or alimony payments.
• Most fines and government penalties.
• Most student loans, unless repaying them is an "undue hardship."
• Debts you didn’t list in your bankruptcy petition.
• Loans obtained through false information.
• Debts from “willful and malicious” harm.
• Debts from driving while intoxicated.
• Unpaid mortgages and liens like car loans—debt is erased if you give up the property.

Cosigners

A cosigner, like a friend or relative, may need to repay the loan. Chapter 13 might protect cosigners in your plan.

Future Debt

You must pay bills on time after filing for bankruptcy, as it doesn’t cover future debts.

There are four types, but most people file either Chapter 7 or Chapter 13.

Chapter 7 ("Straight Bankruptcy")

• Known as "liquidation," it allows you to eliminate debts by giving up some property, which is sold to pay creditors. Exemptions often protect most of your property.
• Note: You can't keep your house or car if you're behind on payments. They can be repossessed.
• Not everyone qualifies. If your income is above the median in Massachusetts, you might need to file Chapter 13 instead.

Chapter 13 ("Reorganization")

• Allows you to repay all or part of your debts over 3 to 5 years while keeping important property like your home or car.
• You must propose a payment plan to catch up on missed payments and stay current on bills.
• Consider filing if you own a home you're at risk of losing or have valuable property and can manage payments over time.

To qualify, you need enough income to cover regular bills and additional plan payments.

Chapter 11

• Used by businesses and individuals with very large debts.

Chapter 12

• Designed for family farmers and fishers.

There’s no exact formula to determine the value of your case since each one is unique with different facts, injuries, and issues. Be cautious if a lawyer gives a quick valuation without thorough analysis. The value depends on factors like fault, damages (medical bills, lost wages, property damage), pre-existing conditions, your doctor's reputation, insurance coverage, location, the judge, and any liens. A full investigation is needed to understand all these aspects.

It varies. For minor injuries, like neck or back strains, claims can be settled within a few months after medical treatment is completed, often without a lawsuit. If there are more serious injuries and low insurance limits, settlements might also occur without filing a lawsuit. However, if the defendant has higher insurance coverage or significant assets, a lawsuit is usually necessary, which can take 1-3 years or more to resolve.

Estate planning is the process of deciding how your property will be passed on after you pass away. In the U.S., any adult can choose how their assets are distributed, with a few exceptions like spousal rights that prevent disinheriting a spouse. A good estate plan also aims to reduce estate taxes and settlement costs and coordinates what happens to your home, investments, business, life insurance, and benefits like a 401K in case of death or disability. It also includes instructions for healthcare decisions, ensuring someone you trust can make choices if you're unable to.

Many people skip estate planning, thinking they lack significant assets or that their belongings will automatically go to their children. Without proper arrangements, state intestacy laws decide asset distribution, possibly leading to unintended beneficiaries and higher estate taxes.

If you pass away without an estate plan, your estate goes through probate—a public, court-supervised process that can be costly and delay asset distribution. Lack of clear instructions might also cause family disputes over who manages your affairs.

Your estate is simply everything that you own, anywhere in the world, including:

• Your home or any other real estate that you own
• Your business
• Your share of any joint accounts
• The full value of your retirement accounts
• Any life insurance policies that you own
• Any property owned by a trust, over which you have a significant control