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, Distinguished professionally and personally

Martindale-Hubbell

2016

PA Bar Association

member

2007 - Current

Eastern district of PA Bankruptcy Conference

Member

1992 - Current

Q. Will giving my wife a credit card impact her bankruptcy or my credit?

June 29, 2025

A: If your wife files a Ch. 13, she should identify whatever income/payment of debt you provide. In addtion, she should show whatever share of household expenses you provide.

In a Chapter 7, the "curtain" drops on date of iling (wife's eligibility for bankruptcy may be impacted). Probably best to wait to add wife til after bankruptcy filing.

Credit card extensions of credit are addressed to card issuer primarily. As you have Illinois bankruptcy counsel, best is to address these issues to the attorney.

Q. Do I have a chance to collect on a judgment despite lack of bankruptcy notice and debtor's current assets?

June 27, 2025

A: Bankruptcy law seems to recognize that it's unrealistic to burden a debtor with the responsibility to ensure that all creditors' current addresses remain valid, so it is incumbent upon each creditor and/or its lawyer to do so.

In your matter, you updated your address in several public places and could easily have done so in this debtor's case as well.

I believe your lack of notice is due to your own failure to update the debtor's public records.

That said, while the law seems to be cold about diminishing human "discretion", you always add a wild card when a human is added to the process. So, "have a chance"? Of course. Just be prepared for costs and fees and the prospecct of loss of same. ... Read More

Q. Can I assume a mortgage in PA without reapplying as the sole heir and executor of the estate?

June 27, 2025

A: The extension of credit through what is to the lender a new loan to you is a matter addressed to the discretion of the lender based upon your ability to qualify (ability to pay) for a new loan from that lender. You alone cannot force that to happen.

That said, you can explore a possible "take-out" mortgage loan by a different lender (assuming there is equity value in the property, that should augment your ability to pay, as will your history of payments from your account).

Or, you can keep the estate open and continue to pay down the current mortgage debt as the Executrix, at least until the mortgage balance is reduced to a level for which you do qualify.

You have access to counsel, and you should heed whatever advice that attorney offers. ... Read More