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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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Client Reviews
Christopher R. June 23, 2021
Highly reccomend, he made te process easy to understand and was very supportive throughout! I did my homework a few years back when I was considering Chapter 13 in order to save my home from Mortgage company. Working with Bud was an absolute pleasure, we met several times in person to discuss the process and he expertly guided me through the entire process. His advice was always spot on honest, direct and most importantly professional and accurate. He made every step of the process easy to understand and was always willing to answer any questions I had. He made sure I was prepared and ware of every step in the process and communicated promptly at all times. My case took longer then expected due to be discharged and Buds guidance and support made an extremely frustrating part of the process easier to tolerate, even though it was out of his control. His experience and calm demeanor goes a long way to help his clients like myself feel like we are being heard and understood and he takes the time to make sure you understand the whys and to do of what needs to happen. I felt very prepared and confident in my choice and would absolutely recommend him to anyone about to embark on the process.
Mark E. May 19, 2021
The case ended very well for me I hired Mr. Winterstein to handle my chapter 13 bankruptcy case and the case ended very well for me. This was the first time I'd ever needed to hire an attorney and knew little to nothing about courts or bankruptcy so I had a LOT of questions through the process which Mr. Winterstein answered promptly and made sure I understood the answers, why it mattered, and what would would come next. This allowed me to plan and prepare for reach step so there were no surprises or undue stress along the way. It also meant that the various motions he recommended filing were granted leading to a final settlement that was more favorable to me than I believed was even possible. It was not a simple case and as I said I asked a lot of questions so the final bill was higher than I'd expected at the start, but he did always make it clear when more hours would be used to bring a motion/battle, what the likely return would be, and didn't recommend anything that didn't end up delivering a positive financial return on the cost of the hours invested. Overall it was as positive an experience as I could have hoped for.
Claimed Lawyer ProfileOffers Video ConferencingQ&ALII SilverResponsive Law

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
    Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Debt Relief
    Foreclosure Defense
    Consumer Law
    Lemon Law
    Probate Administration, Probate Litigation, Will Contests
Additional Practice Area
  • General Civil
Video Conferencing
  • Skype
  • Free Consultation
    I am happy to chat with you about your issues, for no charge, for up to one hour.
Jurisdictions Admitted to Practice
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Professional Experience
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.
Oklahoma City University School of Law
Honors: Graduated with honors, 2nd of 208, 1976
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Professional Associations
PA Bar Association
- Current
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Eastern district of PA Bankruptcy Conference
- Current
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Legal Answers
264 Questions Answered
Q. Trustee objected to exemptions due to me exceeding limits. Should I amend my schedule C? It is for chapter 7
A: I agree with the first answer by Ms. Lipan, as far as it goes. You need the guidance of experienced Michigan bankruptcy counsel. More specifically, with respect to your home property, it is usually acceptable to deduct ten (10%) percent from gross value as "costs of sale", and that reduction may resolve your "over exemption" value. As a practical matter, most bankruptcy trustees look for sufficient value to return a substantial amount to the estate to cover trustee's costs, including attorneys and accountant's fees, and costs of sale, before moving to sell an essential asset of the debtor. As a practical matter, I advise my bankruptcy clients to procure an appraisal, prior to filing the case, from a credentialed appraiser willing to testify about the property value in court, if need be.
Q. Hey! I was wondering if I needed to include past food stamps I received in my bankruptcy even if I no longer receive?
A: In a word, yes. For both Schedule I and the "means test" reflected in Official form B-122, your annualized income from all sources includes food stamps (note that the means test reaches back six months from the date of filing of the bankruptcy).
Q. Would a court typically grant permission to take out a 401k after a job loss?
A: The working presumption in a Ch. 13 case is that the debtor will retain and manage his assets, and that is set when a Plan is confirmed (there are provisions to modify a plan after confirmation). There is also a Bankruptcy Code provision that states that a debtor must first procure court approval to incur debt. Most probably, if you are entitled to access your 401(k) funds under non-bankruptcy law, the bankruptcy court would permit you to access those funds, under applicable non-bankruptcy laws and rules. Most commonly, the IRS will permit you to borrow against that fund, up to a certain percentage, for specific reasons, and you would be expected to comply with those laws and rules. If a borrowing is contemplated, comply with the Bankruptcy Code provision, and first procure bankruptcy court approval to incur that sort of debt.
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Contact & Map
Law Office of W.J. Winterstein, Jr.
P.O. Box 285
Boyertown, PA 19512
Telephone: (484) 415-0391
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
Sunday: 6:30 AM - 5 PM (Today)
Notice: I work from my home office at this point.
Law Office of W.J. Winterstein, Jr.
PO Box 1006
Royersford, PA 19468
Telephone: (484) 415-0391
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