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. Hi. Im halfway through filing for a chapter 7,can I use sezzle?I have an approval of $800 to use but dont want issues.TY

April 11, 2024

A: There is an express provision of the Bankruptcy Code that requires a bankrupt to get prior judicial approval for any extension of credit, e.g., to borrow money.

In addition, money loaned within ninety days of the filing of a bankruptcy is excepted from any bankruptcy discharge.

To the extent that you will be enjoying an extension of credit from Sezzle in your proposed use, and especially because you are already in a bankruptcy proceeding, yes, you have issues generated by that use.

In addition, at some point, Sezzle will be notified of both the bankruptcy filing and probably of issues around its transactions with you, and because of that, Sezzle may well suspend its relationship with you.

You are best advised to consult with experienced bankruptcy counsel in NJ about everything you propose to do. There are specific Bankruptcy rules and requirements that must be followed and they are somewhat different from most layman's usual understanding of applicable law. Your inquiry raises issues beyond your proposed use of Sezzle. ... Read More

Q. How can I retrieve my Chapter 7 discharge letter

March 30, 2024

A: When you have completed the bankruptcy process in your case, an Order of General Discharge (discharging you of all "dischargeable debts", etc.) is entered by the Court, not a "letter".

Your bankruptcy case, and most of the documents, including your Discharge Order, are available to the public through the access provided by pacer. Anyone can enroll, and its free to join, although there is a charge of a dime per page of items copied.

The more complicated question is, what do you plan to do with the Order once you have it?

Q. Will bankruptcy discharge Louisiana state individual income tax 7 to 9 yrs old ?

March 30, 2024

A: The Bankruptcy Code enables a bankrupt debtor to discharge certain kinds of income tax debt, specifically, those for which an accurate return has been filed more than two years and four months prior to the bankruptcy filing. The IRS official position on this issue is set forth here. www.irs.gov/businesses/small-businesses-self-employed/declaring-bankruptcy.

I have represented an individual debtor who discharged over one million dollars in accrued income tax debt.

There are "wrinkles", so be sure to confer with an experienced bankruptcy attorney in LA to consider your full financial circumstances and answer all your questions.