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.

• 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. What legal rights do I have for doing mechanic work at my house on someone else's car

April 24, 2024

A: First, is your agreement with an owner in writing?

And that document should set out the work to be performed, the costs for that work, and the due dates for payment.

And then the document should state the various remedies for default in payment.

In PA, and most other states, you have a right to assert a "mechanics and materialmen's lien", and your written agreement with each owner should set for the remedies provided in those statutes for non-payment.

Think ahead, whether its about cars or anything else that might be grounds for dispute or default. Every judge likes things in writing, because there's nothing iffy about a properly drawn document/agreement. On the contrary, every "agreement by handshake"/oral agreement becomes a swearing match if a judge gets involved, and then the judge has to decide which witness is telling the truth, an impossible ask in most instances. Writings do away with most questions.

Follow-up documents, for change orders, modifications, etc., to the up front agreement are likewise helpful to a judge in the event of any problem. ... Read More

Q. Divorced in March before filing. Signed quitclaim deed before final. Do I add that to Chap 7 if so ,where? filing pro se

April 20, 2024

A: There will be questions about that on the Statement of Financial Affairs, and more indirectly, on the Schedules.

It's bold to attempt to do a bankruptcy without counsel, whatever your reason. We recommend that you inquire at your County Bar Association, or the office of the US Trustee, about lawyers who take bankruptcy cases where clients cannot pay an attorneys fee. A fair warning, though- your assessment of your financial inability may be different from theirs.

Q. I filed bankruptcy 2 days ago and want to stop the process. Can this be done. I live in Kentucky.

April 19, 2024

A: A caution- the Bankruptcy Code provides that conversion/dismissal of a case is addressed to the discretion of the Bankruptcy Judge, who will decide which path is in the "best interest of creditors".

Your post fails to indicate which Chapter of bankruptcy has been chosen (that can matter) or whether you have engaged bankruptcy counsel.

If you have not engaged experienced bankruptcy counsel, you are best advised to do so, and promptly, and get his opinion about your desired dismissal at this point. There are "wrinkles" to be considered.