W. J. Winterstein Jr.

A solo practitioner, I work from a home office in Boyertown, PA, about 30 miles from center-city Philadelphia, and most of my cases are litigated in Philadelphia and Reading courts. With the assistance of local counsel, I also handle matters in Delaware. I have over 30 years experience in both state and federal courts; bankruptcy and mortgage foreclosure/workout are a large part of my practice. There isn't much I haven't seen, or done. PLEASE CONTACT ME BY EMAIL FIRST, as that is my preference, and more reliable for each of us.

Bankruptcy

Chapter 11 Bankruptcy, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Debt Relief

Business Law

Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes

Collections

Foreclosure Defense

Consumer Law

Class Action, Lemon Law

Probate

Probate Administration, Probate Litigation, Will Contests

• General Civil

• Free Consultation
  I am happy to chat with you about your issues, for no charge, for up to one hour.

Pennsylvania

Attorney

Law Office of W.J. Winterstein, Jr.

1976 - Current

Over 30 years experience in bankruptcy reorganizations, out of court workouts, debtor/creditor, civil practice in all state and federal courts in PA, OK, with practice encompassing NJ and DE through local counsel. Admitted to Third Circuit, Tenth Circuit, and U.S. Supreme Court, and all lower courts in PA.

Oklahoma City University School of Law

J.D.

1974 - 1976

Honors: Graduated with honors, 2nd of 208, 1976

PA Bar Association

member

2007 - Current

Eastern district of PA Bankruptcy Conference

Member

1992 - Current

Q. If I lose a personal injury lawsuit from a car accident, can I file bankruptcy after the trial to wipe it out?

14 April 2021

A: The exceptions to discharge are listed in Section 523 of the Bankruptcy Code. Subsection 523(a) excepts debts incurred for- "6) for willful and malicious injury by the debtor to another entity or to the property of another entity"; "(9) for death or personal injury caused by the debtor’s operation of a motor vehicle, vessel, or aircraft if such operation was unlawful because the debtor was intoxicated from using alcohol, a drug, or another substance"; Whether your potential liability after the trial is dischargeable may well depend upon the wording of the verdict/judgment in the court in which your personal injury suit is tried. But at times, the Bankruptcy Court may "look behind" a state court judgment to determine whether an exception to discharge applies. Outcomes can also vary by from one federal district to another. Speak with a bankruptcy attorney in your federal district to get the best answer. That lawyer may also be able to suggest other paths to deal with your looming liability.

Q. Which type of bankruptcy would you recommend if I want to keep my home? Thank you!

13 April 2021

A: When you file for bankruptcy relief, no matter which chapter, you must list ALL of your assets, under penalty of perjury. In other words, you must "include" your home, and all other assets, by identifying it on the sworn Schedules you must file. Ch. 13 was designed, and is most often used, to "save the house", as it has very favorable provisions for curing past due payments. While it is possible/permissible to represent yourself to file and proceed through a bankruptcy, there are many pitfalls and I strongly recommend that you engage a bankruptcy lawyer to represent and guide you through the process.

Q. In PA, if a home is sold at auction that had a reverse mortgage previously, will the new owner get a clear title?

8 April 2021

A: If your auction was a sheriff's sale pursuant to a foreclosure judgment, the successful bidder at the sheriff's sale gets title free and clear of the mortgage debt that was the basis for the foreclosure, and all liens and charges that are junior to the foreclosed lien indebtedness. Most probably, that would include the "reverse mortgage". The priority of mortgages is determined by the date the Mortgage was recorded, with the earliest mortgage enjoying the highest priority.

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