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. Can teachers' classroom expenses be on Schedule J in Chapter 7 bankruptcy?

May 31, 2025

A: In our opinion, yes, list your teacher expenses where those are allowed by the IRS and your tax returns document those expenses.

You will have to show the bankruptcy trustee your last two tax returns to the trustee anyway. And even most bankruptcy courts defer to the IRS.

If the assigned bankrupt trustee objects to this expense, you can always amend your Sched J.

Q. Can I sue Peterbilt for lost revenue due to unresolved truck issues?

May 20, 2025

A: Anyone with a couple hundred bucks for filing fees can sue anybody else.

Success, in the form of a judgment, is what counts.

Your facts indicate success in court, but there are two sides at least to every issue.

It appears that you may have a breach of warranty claim. In PA, warranties of fitness and merchantability are implied by law, but a writing may limit those legal rights, as well as with other warranties. PA also has a Consumer Fraud statute that provides for treble damages and recovery of attorney fees, most helpful if your jurisdiction has something similar.

Confer at your earliest with an experienced Nevada lawyer about your full rights and monetary results you can e xpect. ... Read More

Q. Ensuring my mother-in-law's CPR wishes are honored despite DNR pressure.

May 3, 2025

A: As a rule, hospitals are obligated to save a life, such as it may be, whenever possible, even in the absence of any health proxy or agreement.

While capacity to enter into any agreement is always an issue, it is probably best for you and yours, on an urgent basis, to have experienced PA counsel confer and draft an agreement appointing you to speak for MIL on at least health issues. Do NOT use the hospital’s “form”, as those usually just clear the hospital of wrongdoing and liability. Hospitals and MD’s hate to be sued.

Suggest you warn MIL not to sign anything provided by hospital.