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W. J. Winterstein Jr.

W. J. Winterstein Jr.

Montgomery and Berks County, Experienced practitioner in Civil matters
  • Bankruptcy, Collections, Foreclosure Defense ...
  • Pennsylvania
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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.
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.

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
  • 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
Disciplinary Board of the Supreme Court of Pennsylvania
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Languages
  • English: Spoken, Written
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.
-
Honors: Graduated with honors, 2nd of 208, 1976
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Awards
BV Rated, Distinguished professionally and personally
Martindale-Hubbell
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
555 Questions Answered
Q. Can I keep my car with a lien if I file Chapter 7 bankruptcy in Arizona?
A: In a bankruptcy filing, you have no choice about which debts and assets you disclose in what all you file with the Court. You sign your several Court documents under penalty of perjury (a felony) and it's never smart to morph a money issue into a criminal case,

There are some special provisions about vehicle liens in the Code though you don't disclose enough in your post to address that.

Confer with an experienced bankruptcy lawyer in AZ about your goals, and divulge everything before you take action.
Q. Can I transfer my home to my girlfriend before filing for bankruptcy?
A: Any transfer within a year or three for less than "full consideration", i.e., fair market value, will be subject to scrutiny and probably rescission, and may be grounds for replacement of the debtor in a Chapter 13 case with a trustee. The bankruptcy laws in the US have been on the books for a few centuries and the Court is on to most of the "tricks".

A bankruptcy filing is a major financial step, and is best done under the aegis of experienced counsel.
Q. House sold despite active Chapter 13 bankruptcy in Delaware; options?
A: When you filed for bankruptcy relief (assuming this was your first bankruptcy filing), an automatic stay was enter, BY ORDER OF THE BANKRUPTCY COURT WHERE YOU FILED, prohibiting any creditor/claimant from taking or continuing all actions against you and/or your property. Only the bankruptcy court where your case is pending can enter a subsequent order modifying that stay, after notice and a hearing to both you and your attorney of record in the bankruptcy case.

The "bankruptcy estate" which includes all of your property interests, even mere possessory interests, is protected by that bankruptcy automatic stay.

You do not say, although you must know, what your relatives signed, as it most probably will come up in further proceedings.

The usual remedy in situations like yours, other than some resolution by agreement, is for your attorney to prepare and file a Motion for Contempt for willful violation (I assume your mortgagee was notified of your bankruptcy filing) of the bankruptcy court's order of automatic stay; the relief sought would be the court's declaration that the proposed sale of any property interests of yours is void and for money damages and attorney fees of your bankruptcy lawyer for the contempt proceeding,
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Contact & Map
Law Office of W.J. Winterstein, Jr.
P.O. Box 285
Boyertown, PA 19512
US
Telephone: (484) 415-0144
Monday: 6:30 AM - 9:30 PM
Tuesday: 6:30 AM - 9:30 PM
Wednesday: 6:30 AM - 9:30 PM
Thursday: 6:30 AM - 9:30 PM
Friday: 6:30 AM - 9:30 PM
Saturday: 6:30 AM - 9:30 PM (Today)
Sunday: 6:30 AM - 5 PM
Notice: I work from my home office at this point.
Law Office of W.J. Winterstein, Jr.
PO BOX 285
BOYERTOWN, PA 19512
US
Telephone: (484) 415-0144
Monday: 7 AM - 10 PM
Tuesday: 7 AM - 10 PM
Wednesday: 7 AM - 10 PM
Thursday: 7 AM - 10 PM
Friday: 7 AM - 10 PM
Saturday: 7 AM - 10 PM (Today)
Sunday: 7 AM - 10 PM