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.
Currently rated "Distinguished" by the "gold standard" of lawyer ratings.
PLEASE CONTACT ME BY EMAIL FIRST, as that is my preference, and more reliable for each of us.

• 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. How does foreclosure affect mortgage liens in PA?

February 24, 2025

A: When finished (judicial Order confirming sale), a judicial foreclosure removes all liens, and Sheriff pays on taxea, poundage and liens per PA priority.

All liens foreclosed are removed from property and successful bidder gets Sheriff's feed (a quitclaim deed).

If a "non-judicial foreclosure, bidder probably gets assignment of senior foreclosed lien.

There are wrinkles, so confer closely with experienced PA counsel before expending large cash.

Q. I'm being sued by Capital One. It is my account solely. All my accounts and assets are in my name and my wifes name.

February 9, 2025

A: If by "being sued" you mean a Complaint has already been filed against you, do NOT ignore it; file a responsive pleading that gives you more time.

Use that time to contact whoever speaks for your adverse party to determine what it will accept to resolve this issue.

You mention no dollar figures so that limits my advice somewhat.

Yes, PA exempts property held by tenancy by the entirety. That status/protection ends at death of one tenant.

It's always a good move to confer with experienced counsel about legal issues, and doing so may bring in important issues you have not identified.

Q. Can I file bankruptcy and keep my home?

February 3, 2025

A: For payment defaults, especially those lasting more those lasting 90 days or more, most credit card issuers will sue, take judgements, and because final judgements become liens and bankruptcy courts have limited abilities to void liens, you should confer with experienced bankruptcy counsel before more time passes.

Inform your lawyer, in writing, in advance (to shorten that conference, of all your specific debt, which are either collateralized and not, together with all your assets. Be sure to include debt balances and asset values.

Yes, depending upon your facts and eligibility for the different types of bankruptcy, it is possible to retain your home.