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.

Bankruptcy

Chapter 11 Bankruptcy, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Debt Relief

Business Law

Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes

Collections

Foreclosure Defense

Consumer Law

Class Action, Lemon Law

Probate

Probate Administration, Probate Litigation, Will Contests

• General Civil

• Skype

• Free Consultation
  I am happy to chat with you about your issues, for no charge, for up to one hour.

Pennsylvania

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

PA Bar Association

member

2007 - Current

Eastern district of PA Bankruptcy Conference

Member

1992 - Current

Q. Do I make payments on my car during bankruptcy proceedings.

14 June 2021

A: The Bankruptcy Code gives a Ch. 7 debtor three choices of how to handle a secured claim- surrender the collateral to the creditor in full satisfaction of the secured claim; redeem, i.e., pay the secured claim in cash, or reaffirm the debt. Perfected liens against collateral are NOT discharged in bankruptcy, to the extent of the fair market value of the collateral. if you want to keep the car, you must continue to make timely payments to the secured creditor. You will be fortunate if the creditor permits you to exercise the "fourth option", e.g., keeping the collateral just by continuing monthly payments, without reaffirming or redeeming.

Q. Hi, I am 59 yrs old and in disability, I earn SSD & LTD. am over $50000 in debit including $7900 IRS from 2017.

7 June 2021

A: Unpaid federal income tax debts become dischargeable two years and four months after the tax return is filed with the IRS. If you have filed the 2017 return more than 2 years and four months before you file a bankruptcy, the tax debt should be dischargeable, but only IF the IRS has not filed a lien against you, and the lien attaches to property you own.

Q. I'm a joint applicant on my daughter's car loan. Are they going to consider this my exempted vehicle for bankruptcy?

6 June 2021

A: If you file a Ch. 7 case, you are entitled to claim a vehicle, up to a certain amount, as exempt, if you have an ownership interest in that vehicle. If your name is not on the title of the car, as a joint owner, you can probably not claim it as exempt property. If you file a Ch. 13, there will be a co-debtor stay, protecting your daughter and others who may be jointly obligated with you on any outstanding debts, so long as those debts are dealt with by your plan. But you will still be unable to claim the car as exempt if you do not hold an ownership interest, or at least possession, of the car.