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. Can an adversary action be filed during chapter 7 bankruptcy to discharge child support arrears? All kids 19 and over.

October 11, 2024

A: In this rare instance, I disagree with my colleague.

Many bankruptcy courts have held that support obligations are exclusively the province of the State domestic relations court and consequently decline to exercise jurisdiction over support payments.

Moreover, it is often held that support payments, unlike property division payments, are not dischargeable.

Q. Do you have to wait one year to settle estate even if the department of revenue has approved the inheritance tax return.

October 11, 2024

A: Pursuant to PA law, the opening of an Estate must be published in a newspaper of general circulation in the county in which the probate is pending. Creditors of the deceased or estate have one year from date of first publication to file a claim for payment. If the executrix distributes Estate funds prior to payment of all claim, she can be personally liable for any shortfall in the Estate to pay bona fide debts.

There is no other prohibition against an executrix making distributions.

Q. Hello, I'm considering bankruptcy and I'd like a consultation about my financial situation. -Melanie

October 5, 2024

A: Law school students and recent law school grads, are primarily trained to look backward, about known facts, to spot and resolve legal issues; the more experienced lawyers certainly do that, but their more valuable skills are to assist a client to plan future behavior and events.

Moreover, it's way cheaper to use counsel to avoid future pitfalls than to call on counsel to get you out of the swamp when you're hip-deep in gators.

And then there are those who save money by filing for bankruptcy relief without the benefit of counsel.

Kudos to you to find the best available lawyer before you proceed.