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W. J. Winterstein Jr.
Montgomery and Berks County, Experienced practitioner in Civil matters
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Claimed Lawyer ProfileQ&AResponsive Law
Biography
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.
Practice Areas
- Bankruptcy
- Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Debt Relief
- Collections
- Foreclosure Defense
- Consumer Law
- Lemon Law
- Probate
- Probate Administration, Probate Litigation, Will Contests
Additional Practice Area
- General Civil
Fees
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Free Consultation
I am happy to chat with you about your issues, for no charge, for up to one hour.
Jurisdictions Admitted to Practice
- Pennsylvania
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Professional Experience
- Attorney
- Law Office of W.J. Winterstein, Jr.
- - 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.
Education
- Oklahoma City University School of Law
- J.D.
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- Honors: Graduated with honors, 2nd of 208, 1976
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Professional Associations
- PA Bar Association
- member
- - Current
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- Eastern district of PA Bankruptcy Conference
- Member
- - Current
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Legal Answers
224 Questions Answered
- Q. Can a debtor collect on previous debt that was discharged?
- A: I read your question differently from the others who have answered, meaning I think you may have someone who owes you money, and you want to know whether, post-bankruptcy, post-discharge, you can pursue the one who owes you money. The answer is yes, if you listed the debt on the sworn Schedules you filed in your bankruptcy case. If you didn't list your claim against whoever, then no, you probably do not have a right in law to pursue the claim now.
- Q. Hi I would like to know how the law works when u have a case against a company but they file bankruptcy,
- A: Most businesses that file a bankruptcy case use Chapter 11 of the Code, in what is called a reorganization. Several of the US airlines have done so, some more than once. In a corporate Ch. 11, it is the norm to continue to operate the business. If your "case" against the bankrupt company is pending litigation in some other court, you can file a Motion with the bankruptcy court to get relief from the automatic stay to allow you to complete your litigated case. Failing that, your procedure is to file a Proof of Claim in the bankruptcy case. If the debtor corporation disputes your claim, it will file an Objection to Claim, which then triggers an evidentiary hearing in the bankruptcy court.
- Q. Declaring chapter 7 before foreclosure
- A: As it appears you are both eligible for Ch. 7, and desire to do so, make an appointment with a CT bankruptcy lawyer who will answer all your questions. There is a specific tax code provision pertaining to bankrupts, saying basically if you emerge from bankruptcy without significant assets, you will not be taxed on the debts discharged. Again, meet with a local bankruptcy attorney who can address all your concerns and correct you misunderstandings.
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