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 13 Bankruptcy, Chapter 7 Bankruptcy, Debt Relief

Collections

Foreclosure Defense

Consumer Law

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

Disciplinary Board of the Supreme Court of Pennsylvania

Since 1991

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

BV Rated

Martindale-Hubbell

2016

PA Bar Association

member

2007 - Current

Eastern district of PA Bankruptcy Conference

Member

1992 - Current

Q. If all my income is Social Security and pension, can I still file chapter 13 in Virginia?

November 27, 2023

A: Your otherwise judgment-proof periodic income should count to make you eligible for Ch. 13 relief.

A Ch. 13 plan needs to provide your creditors with the "indubitable equivalent" of the amount they'd get in a Ch. 7 proceeding, at a minimum. And at least in my PA district, the total distribution under a Ch. 13 plan needs to equal the total value of the property to be retained by the debtor, which in most instances is the same total value.

Your best avenue is to speak with an experienced VA bankruptcy attorney, and provide him with all of your financial information up front so that you will receive the best advice about what you are planning.

Q. Is it my responsibility or my brother's kids to give the probate attorney a death certificate for him?

November 26, 2023

A: Determination of legal heirs where there is no Will is provided in the PA statutes.

Your PA probate attorney has this answer at his fingertips.

While it does seem that the brother's children would anxious to prove their entitlement to shares of his estate, it is best to give your lawyer everything he requests. That said, he, too, should be able readily to obtain official death certificates of those involved.

Q. Can a postnuptial agreement or Divorce decree free a spouse from creditors collecting on the other spouses debt?

November 21, 2023

A: If you file a Chapter 13 petition in the future, it includes a co-debtor automatic stay for claims "dealt with by the Plan".

Filing a bankruptcy does not create a liability in a non-filing spouse. If she is currently liable as a joint obligor, then she remains liable for that debt balance, whether you file for bankruptcy or not, but no bankruptcy court can create a non-filing spouse's liability for a debt where there is otherwise no voluntary assumption of that liability,. and no divorce court has any like power to delete a person from a credit card account direct liability. The most a divorce court can do is require one spouse to pay a debt, or hold a joint obligor harmless therefrom. But that doesn't alter the liability of the non-filing spouse to the credit card issuer, or other creditor. ... Read More